Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the General Confederation of Workers of Peru (CGTP), received in 2018; the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2018 and 2019; and the observations of the International Organisation of Employers (IOE), received in 2019. The Committee notes the Government’s replies to these observations. Lastly, the Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 10 September 2021. The Committee requests the Government to send its comments in respect of the observations of the CONFIEP.

Article 1 of the Convention. Peoples covered by the Convention. In its previous comments, the Committee noted the functioning of the official Database of Indigenous or Native Peoples (BDPI) and also the implementation in 2017 of the third indigenous census, which included the criterion of ethnic self-identification, and requested the Government to communicate the results thereof. In this regard, the Committee notes the Government’s indication that a result of the 2017 census was that 22.3 per cent of the population self-identified as Quechua, 2.4 per cent as Aymara, 0.9 per cent as native or indigenous from Amazonia, and 0.2 per cent as belonging to, or part of, another indigenous or native people. It also notes the detailed information sent in 2018 on the functioning of the BDPI and its data on indigenous or native peoples and the Government’s emphasis on the fact that the BDPI does not form the basis for the establishment of any rights and does not constitute a register. If one or more localities do not appear in the BDPI, but fulfil the established criteria for identification, their rights should be guaranteed. The Committee reiterates the importance of having reliable statistical data on the peoples covered by the Convention as a tool for efficiently defining and directing public policies. In this regard, the Committee encourages the Government to continue taking measures to ensure that the BDPI continues to update and produce socio-demographic, statistical and geographical information on indigenous peoples and requests it to continue providing information in this respect.

Articles 2 and 33. Coordinated and systematic action. In its previous comments, the Committee noted the setting up of the Working Group for Indigenous Policies (GTPI) at the Vice-Ministry for Intercultural Affairs, involving the participation of seven organizations representing indigenous peoples, and requested the Government to continue ensuring the participation of indigenous peoples in the design, implementation and evaluation of national indigenous policy. The Committee notes the detailed information provided by the Government on the dialogue forums which have taken place with indigenous peoples, coordinated by the Ministry of Culture, on topics such as health, education, productive projects, land titling and comprehensive development. It also notes with interest that within the GTPI a number of public management instruments and normative proposals for incorporating an intercultural approach have been revised. The Government indicates that, with respect to the legitimate claim of indigenous organizations to create and strengthen an institutional forum, the Standing Multisectoral Committee has been created (Supreme Decree No. 005-2021-MC), tasked with proposing, monitoring and inspecting the implementation of strategic measures and actions for the comprehensive development of indigenous or native peoples. The chief objective of the Multisectoral Committee is to strengthen the dialogue between the executive authority and seven indigenous organizations with national scope, involving five technical working groups which receive specific demands from the indigenous peoples at the regional and local level in the areas of health, economic development, education, women’s rights and territorial security. Lastly, the Committee notes the Government’s indication that, by means of Supreme Decree No. 10-2021-MC, the “Guidelines for the creation of services with cultural relevance through the incorporation of the ethnic variable in public entities” were adopted, which are binding for all entities in the public administration. The Committee welcomes the measures adopted by the Government to strengthen dialogue and promote the participation of indigenous peoples in the formulation of policies and plans for the realization of their rights and requests the Government to continue providing information on the activities of the GTPI. The Committee also requests the Government to provide information on the work of the Multisectoral Committee, including information on the follow-up given to specific demands made by the indigenous peoples.

Articles 3 and 12. Human rights. Legal proceedings. Indigenous women. The Committee notes the detailed information on the situation of the rights of indigenous women in Peru, provided by the Government, contained in the report entitled “Situation of the rights of indigenous women in Peru” prepared by the Ombudsman’s Office in 2019. According to the report, in 2017 a total of 18,376 indigenous women did not have a national identity document, over half a million indigenous women (in particular from the Asháninka indigenous people) could not read or write, and 73 per cent of indigenous women of working age did not have a paid job. The report also indicates that 70 per cent of Quechua women have been victims of domestic violence. The Committee requests the Government to provide detailed information on the measures taken to bridge the gaps faced by indigenous women in the exercise of their rights referred to in the 2017 report of the Ombudsman’s Office. The Committee also requests the Government to provide information on the measures taken to ensure that indigenous women have access to information on their rights and also to effective legal remedies to ensure respect for their rights and obtain compensation where such rights have been violated.

Article 15. Consultation and participation in benefits. 1. Oil exploitation in plot 192. The Committee notes the detailed information provided by the Government with regard to the consultation process concerning oil plot 192 located in the Pastaza, Corrientes and Tigre river basins. It notes that as a result of the agreements reached in that process, the Plot 192 Social Fund was set up, which benefits 25 communities of the Achuar, Quechua and Kichwa indigenous peoples located in the area impacted by the plot. The fund is managed by the above-mentioned communities and supports the implementation of development and environmental monitoring projects. The Government indicates that the fund has enabled, inter alia, the construction of bridges, communal facilities and projects for improving production. The Committee notes the CATP’s indication, in its 2018 observations, that the consultation process undertaken with respect to plot 192 resulted in agreements with only one group of the organizations consulted. In reply, the Government indicates that the promoting body held dialogues with representatives of the Kichwa, Quechua and Achuar peoples of the Tigre, Pastaza and Corrientes river basins, which were in the area impacted by plot 192, and that certificates of consultation were signed with the peoples of the upper Pastaza river basin and the Kichwa people of the Tigre river basin. The Government also indicates that the communities which did not sign the certificates of consultation will also benefit from the agreements. The Committee requests the Government to continue providing detailed information on compliance with the agreements reached with the communities located within the area impacted by plot 192.

2. Consultations regarding the Pakitzapango and Tambo hydroelectric power plant projects on lands traditionally occupied by Asháninka communities. In its previous comments, the Committee noted that, in the context of the representation examined in 2016, the tripartite committee emphasized the need to involve the Asháninka communities as early as possible in the decision-making processes regarding the Pakitzapango and Tambo hydroelectric power plant projects (GB.327/INS/5/3). The Committee once again requests the Government to provide information on the measures taken in this respect.

Article 18. Protection of indigenous peoples in situations of isolation. In its previous comments, the Committee requested the Government to continue providing information on the measures taken to protect indigenous peoples in situations of isolation or initial contact (PIACI). The Committee notes the Government’s reference to the adoption of Legislative Decree No. 1374 of 2018 establishing the system of penalties for non-compliance with the provisions of Act No. 28736 for the protection of indigenous or native peoples in situations of isolation or initial contact. This Decree empowers the Ministry of Culture to supervise compliance with the legislation relating to the PIACI through acts and procedures involving investigation, supervision, monitoring or inspection, and to impose administrative penalties for non-compliance. The Committee notes the surveillance activities undertaken in relation to the land, rivers and air in the reserves inhabited by the PIACI. Between 2018 and 2021, a total of 189 monitoring operations in the reserves and 1,821 patrols in reserve access areas were carried out. The Committee requests the Government to continue providing information on the inspection activities carried out by the Ministry of Culture in the areas inhabited by the PIACI and also on the penalties imposed for non-compliance with Act No. 28736.

Article 20(3)(c). Protection against all forms of debt bondage. The Committee notes the CATP’s claim that the inhabitants of the indigenous communities of the Peruvian Amazon, particularly in the Ucayali region, continue to be victims of the forced labour practice known as habilitación (advances), associated with illegal logging, whereby wood purchasers from outside the community provide indigenous workers with goods needed for their subsistence and work and thereby establish debts which the workers must pay off with wood. The CATP indicates that, despite the measures adopted by the Government to combat forced labour, nobody has been convicted for creating, participating in or benefiting from the habilitación scheme in the forests of Ucayali. The Committee refers to its comments on the Forced Labour Convention, 1930 (No. 29), and requests the Government to provide detailed information on the specific measures taken to prevent, investigate and penalize the practice of habilitación, of which the indigenous communities of the Peruvian Amazon continue to be victims.

Article 25. Health. 1. Measures to tackle the COVID-19 pandemic. The Committee notes the Government’s detailed information on the actions taken to tackle the COVID-19 pandemic in indigenous communities. In particular, it notes: (1) the adoption of Supreme Decree No. 0010-2020-MC approving the guidelines for the implementation of the alert strategy for the identification of suspected cases of COVID-19 among indigenous or native peoples and the Afro-Peruvian people, and for follow-up and monitoring during the medical treatment of cases, in the context of the health emergency declared on account of COVID-19; (2) the guidelines cover the need to coordinate the management of early alerts for cases of COVID-19 with the decentralized directorates of culture and national, regional and local indigenous organizations; (3) a team of 33 intercultural alert managers, both women and men, is deployed in the departments of Amazonas, Apurímac, Ayacucho, Cusco, Huánuco, Junín, Lima, Pasco, Puno, Loreto, Madre de Dios, San Martín and Ucayali, whose duties include monitoring the process of care and treatment of cases, in order to help reduce the health impact in the event of community transmission; and (4) communication and prevention campaigns have been conducted in various original languages of the indigenous peoples. The Committee welcomes the actions taken by the Government and encourages it to continue taking measures, with cultural relevance, to tackle the COVID-19 pandemic and its consequences among indigenous populations, with the participation of the peoples concerned. The Committee requests the Government to continue providing information on the measures taken and their results.

2. Impact of oil and mining operations on the health of indigenous peoples of the Amazon. The Committee notes the Government’s reference to the report of the Ombudsman’s Office on the health of indigenous peoples of the Amazon and oil exploitation in plots 192 and 8, published in 2018. In this report the Ombudsman’s Office concluded that the population in the area impacted by plots 192 and 8 with operations in the Pastaza, Tigre, Corrientes, Marañón and Chambira river basins was in a situation of risk because of exposure to heavy metals, which was getting worse because of constant oil spills and the postponement of action to repair the environment. With regard to the action taken in the wake of the mine tailing spills into the rivers of the department of Huancavelica in June 2010, the Government indicates that in 2010 the Ministry of the Environment declared an environmental emergency in the affected area, which made it possible to undertake immediate action to restore the quality of the environment and living conditions in the affected area. The Environmental Assessment and Inspection Agency (OEFA) also undertook surveillance and inspection activities with respect to the company responsible for the environmental damage, and penalties were imposed on the company.

The Committee requests the Government to indicate the measures taken to prevent and remedy the impact of oil operations on the health of the indigenous peoples located in the area impacted by these operations. The Committee also requests the Government to provide information on the measures taken to repair the environmental damage caused in indigenous communities by tailing spills in the rivers of the department of Huancavelica.

Articles 26 and 31. Education and communication measures. In its previous comments, the Committee requested the Government to provide information on the implementation of the National Plan for Bilingual Intercultural Education (PNEIB), the goal of which is to guarantee access for the indigenous population to educational establishments in keeping with their cultural origins. The Committee notes the CGTP’s indication in its observations that, according to figures for 2016 from the National Institute of Statistics and Information Technology (INEI), 31.6 per cent of indigenous young persons in rural areas between 12 and 16 years of age are lagging behind in secondary education and only 27 per cent of indigenous women aged 15 years who live in rural areas reach secondary level, compared with 43.8 per cent of their male peers. The CGTP also indicates that although the PNEIB was approved after prior national consultation, its implementation is slow because of budget deficits. In view of the fact that the Government does not provide any information on the implementation of the PNEIB, the Committee once again requests the Government to provide information on the measures taken to achieve the objectives of the PNEIB and the results achieved. The Committee also requests the Government to provide, as far as possible, updated statistical information on the school enrolment and retention rates for boys, girls and young persons, at both primary and secondary levels, in rural areas inhabited by indigenous peoples.

[The Government is asked to reply in full to the present comments in 2023.]