Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Peru (Ratification: 1994)

Article 14 of the Convention. Community of Santo Domingo de Olmos. In its previous comments, the Committee referred to the case of the community of Santo Domingo de Olmos. The Committee recalls that Supreme Decree No. 017‑99-AG established as unclaimed land (tierras eriazas) 111,656 hectares to which the Olmos community asserts ancestral rights and provided for the land to be registered for the Olmos Special Hydro-Energy Irrigation Project. The Committee asked the Government to take the appropriate steps, in consultation with the community concerned, to identify and remove the obstacles, including procedural ones, that were preventing the community of Santo Domingo de Olmos from proceeding effectively to claim the lands which it says it has traditionally occupied, so that it may have access to the procedures prescribed in Article 14(3) of the Convention. The Committee notes the Government’s indication that the purpose of the irrigation project is to improve irrigation, extend the frontiers of agriculture and expand the generation of electricity. The lands incorporated into the domain of the State were not registered in the name of any natural or legal person and have remained in the peaceful possession of the Olmos Tinajones Special Project for more than ten years. In addition, an agreement has been reached with the Olmos farming community under which 5,500 hectares will be equipped with infrastructure for irrigation, the optimum use of water and farmers’ associations will be promoted in order to generate economies of scale. A participatory process concerning relocation was conducted with the Santo Domingo de Olmos community. The issues of relocation and compensation are being carried out by a team of specialists through a compensation and relocation plan. In addition, the president of the Santo Domingo de Olmos community is a member of the Executive Council of the Olmos Tinajones Special Project, which is the supreme body of the entity. Finally, the Government indicates that in October 2009 the community of Santo Domingo de Olmos and the Olmos Tinajones Special Project signed a specific agreement whereby the project will cover the expenses of the administrative and registration procedures relating to the granting of land ownership so that the community can participate in the development resulting from the hydro-energy project. The Committee requests the Government to continue to supply information on the impact of the agreements signed between the community of Santo Domingo de Olmos and the State, and particularly on the participatory process relating to relocation and compensation and the process of granting land ownership.

Article 25. Health. The Committee notes the Government’s indication that a project entitled “Analysis of the health situation of indigenous peoples” has been under way since 2002 which gathers information on the principal health problems affecting these peoples. In 2008 and 2009, an epidemiological surveillance study on sexually transmitted diseases, HIV/AIDS and hepatitis B was conducted. A campaign was also undertaken to strengthen health-care provision in certain regions. The Committee requests the Government to continue to supply
up-to-date information on the measures taken pursuant to Article 25 of the Convention.

Article 31. Educational measures. In its previous comments, the Committee asked the Government to take educational measures as a matter of urgency in all sectors of the national community so as to eliminate any prejudice that might exist with regard to the peoples covered by the Convention. In this respect, the Committee notes the Government’s indication that: (1) the culture of the original peoples is included in the curriculum of all bilingual and non-bilingual educational institutions; (2) the teacher training programme is developing initial and further training for teachers working in bilingual and non-bilingual educational institutions; (3) the use and rehabilitation of indigenous languages is being promoted throughout the country and the standardization of various national languages has been undertaken; (4) campaigns to promote inter‑cultural relations have been conducted, educational materials have been published to ensure that information is gathered on the basis of criteria of equity and inclusiveness, and material in original languages has also been published; and (5) university diploma courses for public employees have been established with the aim of raising their awareness as regards the adoption and practice of inter-cultural public policies. The Committee requests the Government to continue to take all possible steps to eliminate prejudices against the peoples covered by the Convention and to provide information on any developments in this respect.