Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

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

Written information provided by the Government

Article 1. Peoples

The identification of indigenous/native peoples is carried out on the basis of identification criteria in accordance with the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and Act No. 29785. This enables the Official Database of Indigenous and Native Peoples (BDPI) to be updated so that public services can be provided according to cultural/linguistic characteristics.

According to the BDPI, 55 indigenous or native peoples have a traditional presence divided up into 9,211 localities (5,153 are peasant farming (campesino) communities, 2,303 are native, 1,708 have no identified type and there are 47 indigenous peoples in initial contact). Of these localities, 4,327 are georeferenced (49 per cent), 7,455 are recognized (81 per cent), and 5,825 are titled (63 per cent), covering a total of 2,880,352 persons (9.8 per cent of the population.

Since 2022, the BDPI has undertaken visits to 144 communities in 12 departments in order to identify peoples, since there was no information from 1,393 communities. In 2023, that figure decreased to 1,251 and there were four updates of the list (in May, June, September and December), incorporating 192 new localities.

Articles 2 and 33. Coordinated action

The proposal for a national policy on indigenous or native peoples seeks to guarantee the effective exercise of the collective rights of over 5.9 million persons belonging to various indigenous peoples. The policy comprises three phases: (i) updating; (ii) prior consultation; and (iii) approval.

As of 2024, the proposal is in the prior consultation phase, which consists of seven stages: (i) identification of measures for consultation; (ii) identification of peoples; (iii) publicity; (iv) information stage; (v) evaluation; (vi) dialogue; and (vii) decision stage.

Between May and September 2023, the following activities took place:

• 4 meetings with organizations enabling consensus on the proposal;
• 9 meetings providing further information on the proposal;
• 17 instances of technical assistance regarding multisectoral validation of the proposal;
• 6 meetings with the National Strategic Planning Centre to assess the public issue;
• deliverables 1, 2 and 3 approved by the National Strategic Planning Centre.

In March and April 2024, the following activities took place:

• consolidation of the involvement of 45 entities;
• 56 meetings with 37 entities to review proposals;
• presentation of proposals for services during the fifth meeting (6 and 9 May) with 8 indigenous organizations and 33 public entities;
• identification of 61 services and preparation of 102 proposals for review.

Regarding the Multisectoral Committee approved by Supreme Decree No. 005-2021-MC, up to May 2024 the members reported the completion of strategic actions.

Of 122 strategic actions, 41 have been completed, 50 are in progress and 31 are pending, according to the respective technical working groups (GTTs):

• GTT No. 1: Access to comprehensive/intercultural healthcare – 16 strategic actions completed, 7 in progress;
• GTT No. 2: Indigenous development/economy – 5 strategic actions completed, 15 in progress;
• GTT No. 3: Access to intercultural education – 9 strategic actions completed, 12 in progress;
• GTT No. 4: Rights of indigenous women – 7 strategic actions completed, 1 in progress;
• GTT No. 5: Legal certainty regarding land – 4 strategic actions completed, 15 in progress.

Articles 3 and 12. Human rights. Indigenous women

In relation to the guidelines approved by Supreme Decree No. 0090-2019-MC, the following actions were undertaken:

• implementation of 11 training workshops for public servants on the subject of sexual violence (September–December 2023);
• updating, translation (into six indigenous languages) and dissemination of messages on the prevention of sexual violence in three regions (Loreto, Ucayali and Puno) (December 2023);
• “Meritorious cultural personality” award for six indigenous women for their contributions to activism (September–December 2023);
• “First national meeting of indigenous women entrepreneurs” to strengthen their role in recovery, held on 11–14 December 2023 with 53 women (Awajún, Ashaninka, Bora, Kichwa, Matsigenka, Quechuas-Secoya and Shipibo-Konibo) from 15 regions;
• “National meeting of indigenous women leaders” to present the women’s entrepreneurship network with a view to capacity-building, held on 14 December 2023 for women, including 18 women leaders from 9 regions (Pasco, Cusco, Ayacucho, Loreto, San Martín, Amazonas, Puno, Huancavelica and Áncash);
• the creation of the “National network of indigenous, native and Afro-Peruvian women entrepreneurs” (Ministerial Decision No. 086-2024-MC) in order to facilitate entrepreneurial access to the labour market;
• 19th edition of the training course for interpreters/translators (August–September 2023, Tarapoto, San Martín); for the first time, this catered for 50 women from 15 regions speaking seven languages;
• incorporation of women who completed the 19 training courses in the National Register of Interpreters and Translators of Indigenous or Native Languages at the Ministry of Culture.

Article 3. Human rights and fundamental rights

Under Act No. 31405, which promotes the protection and comprehensive development of orphaned children and young persons, assistance was provided according to the register of beneficiaries:

Deceased defender	Orphaned minor(s)	Current status
Edwin Chota	Andi Chota	Incorporated – 17 April 2023
Leoncio Quintisima	Leoncio and Leyner Quintisima	Incorporated – 1 June 2023
Jorge Ríos	Robert, Mario, Luis and Junio Ríos	Judicial declaration of presumed death in progress
Francisco Pinedo	Elmer, Aníbal y Diana Pinedo	Renewal of ID in progress

After being apprised of possible risk situations for relatives of the deceased persons (11 September 2023) in the context of the “Intersectoral mechanism for the protection of human rights defenders”, the Ministry of Justice and Human Rights (Ministry of Justice) asked for the relatives to be given personal guarantees, which was duly done (29 September 2023).

Various entities met with relatives on 4 December 2023 to report on progress of the Saweto Action Plan.

On 11 April 2024, logging contractors Mr Hugo Soria and Mr José Estrada (instigators) and Mr Josimar and Mr Segundo Atachi (co-perpetrators) were sentenced to 28 years and 3 months’ imprisonment by the Collegiate Criminal Court within the High Court of Ucayali for the aggravated homicide of indigenous leaders, and were ordered to pay 200,000 Peruvian soles in civil compensation. Trial proceedings relating to another accused, Mr Eurico Mapes, were deferred pending his arrest.

In the context of the “Intersectoral mechanism for the protection of human rights defenders”, the “Register of risk situations for human rights defenders” detailed the following information as of 31 March 2024:

• There were 339 registered risk situations involving 599 rights defenders. Of these persons, 397 (66.28 per cent) self-identified as belonging to the following peoples: ShipiboKonibo (74), Kichwa (65), Ashaninka (42), Tallán (41) and Kakataibo (38).
• These 397 persons indicated that they faced one or more types of risk, such as threats to safety (59.43 per cent), assaults (16.67 per cent), destruction of property (5.98 per cent), defamation (4.89 per cent) and harassment (4.71 per cent).
• As regards risk situations for self-identified indigenous rights defenders, 170 were linked to activities such as illegal logging (87), illicit drug trafficking (74), illegal mining (36) and land trafficking (35).

In order to reinforce the intersectoral mechanism, the following activities were carried out:

• Installation of seven regional round tables for the protection of human rights defenders (Madre de Dios, Ucayali, San Martín, Loreto, Amazonas, Junín and Piura) with a view to territorial coordination in relation to risk situations connected with illegal activities, with the participation of the Government and social actors.
• Two technical round tables in Ucayali regarding: (i) titling of community territories, with the participation of the authorities and indigenous peoples (19 March 2024); and (ii) socio-economic development in conjunction with communities (21 March 2024).
• Seven meetings with the authorities and social organizations in five regions (Piura, Iquitos, Chachapoyas, Satipo and Huánuco) in order to coordinate multi-level forums for the protection of rights defenders.
• Six high-level public visits (with the participation of the Ministry of Justice, Ministry of the Environment and Ministry of Culture) in Ucayali (3), Huánuco (1), Piura (1) and Madre de Dios (1), with a particular focus on visits to the Flor de Ucayali and San Francisco communities, for fact-finding purposes in relation to risk situations.
• Implementation of a pilot project to identify risk situations, linked to the design of an early warning system to prevent the negative impact of illicit drug trafficking (Flor de Ucayali community, 28 February 2024).
• Participation in three Congress initiatives: (i) prevention session relating to deforestation caused by illicit activities (8 September 2023); (ii) public hearing on issues faced by rights defenders in Ucayali (23 October 2023); and (iii) decentralized meeting of the budget committee to reinforce the budget for the intersectoral mechanism (24 October 2023).
• Presentation of the project for strengthening the intersectoral mechanism by the Ministry of Justice, Ministry of Culture and Ministry of the Environment (26 February 2024).
• Three training activities: (i) workshop on human rights defenders facing risk situations, for 95 police officers from 6 regions (Madre de Dios, Ucayali, Loreto, Huánuco, Junín and Amazonas); (ii) workshop on the intersectoral mechanism, for 126 leaders from 53 organizations in 7 regions (San Martín, Ucayali, Huánuco, Madre de Dios, Loreto, Pasco and Amazonas); and (iii) course on the role of rights defenders and police protection with regard to risks, for 115 police officers from 7 regions (Madre de Dios, Ucayali, Loreto, Huánuco, Junín, Amazonas and San Martín).

Regarding the new cases of murders of leaders:

• Mr Quinto Inuma Alvarado (leader of the Kichwa community, Santa Rosillo de Yanayacu): the Ministry of Justice managed: (i) the transferral of authority to the community; (ii) the exhumation of remains; (iii) the safeguarding of the life and integrity of relatives and other leaders; (iv) the implementation of actions, together with the Ministry of Women and Vulnerable Populations and the Ministry of Health, to provide psychological support for relatives/the community; and (v) the provision of assistance for relatives.
• Mr Santiago Contoricón Antúnez (Ashaninka chief of the Puerto Ocopa-Junín community): the Ministry of Justice managed: (i) the provision of ombuds services for the relatives of victims; (ii) visits to the community and provision of information on the intersectoral mechanism and on recognizing relevant risk situations; (iii) the organization of an orphan scholarship at the Continental University (granted on 5 May 2023); (v) the granting of guarantees for relatives (19 May 2023); (vi) the provision of social assistance for relatives through the Juntos programme; and (vi) the follow-up of the case (Ministry of Justice–Ombuds Office).

The executive branch submitted Bill No. 7752/2023-PE, in which the Ministry of Culture proposes paragraph 3.8.5 for the “amendment of sections 108, 108-C and 200 of the Penal Code”, in order to introduce aggravating circumstances for cases in which victims are indigenous rights defenders.

Measures to prevent the excessive use of force include: Ministerial Decision No. 952 2018-IN; Directives Nos 015-2022-CG PNP-EM, 008-2022-IN, 13-2023-CG PNP/EMG and 014-2023-CG PNP/EMG; and National Police General Headquarters Decision No. 280-2023-CG PNP/EMG. Measures concerning the armed forces include: Ministerial Decisions Nos 0066 2022-DE, 0065-2022-DE, 0067-2022-DE, 038-2022-DE and 013-2023-DE.

This framework includes an approach based on human rights and interculturalism and, as part of its application, the following actions were implemented between December 2023 and April 2024:

• Five training initiatives for police officers: (i) a training course for trainers on human rights in relation to police work, for 25 police officers; (ii) a post-operation evaluation workshop for 40 senior officers holding the position of regional chief or chief of a provisional police structure (frente policial); (iii) a refresher programme on police interventions and operations for 11,000 officers and sub-officers; (iv) a seminar/workshop on the use of force and human rights during social unrest, for 60 general officers; and (v) interculturalism workshops for 446 police officers.
• Five programmes on human rights and international humanitarian law for the armed forces: (i) two basic programmes for officers and civilians; (ii) two advanced programmes for officers and civilians, technicians and sub-officers; and (iii) a programme for operational legal advisers. The armed forces’ Centre for International Humanitarian Law and Human Rights trained 1,094 members of the armed forces, police officers and civilians.
• Training workshops and conferences on interculturalism, human rights and standards on the use of public force by prosecutors, in accordance with the directive approved by Public Prosecutor’s Office Decision No. 534-2022-MP-FN.

Article 6. Consultation

Regarding the Multisectoral Committee for the Application of the Right to Prior Consultation, in April 2024 the Ministry of Culture reported the following:

• implementation of 95 consultation processes (83 concluded);
• submission of 166 requests for information to entities responsible for concluding agreements, and holding of 102 technical assistance meetings;
• implementation of the 2023 work plan and further follow-up actions;
• follow-up on 52 prior consultation processes (1,183 agreements concluded), of which 14 were related to protected natural areas;
• Follow-up on compliance with consultation agreements relating to Plot 192, in which the Ministry of Energy and Mining (Ministry of Energy) was involved:
  • strengthening of follow-up on prior consultation agreements by the “Technical roundtable for the prevention of unrest and for the communities of the ‘four basins’ group in the area of Plot 192 in the Loreto region”;
  • establishment of sub-working groups (education, health, housing and titling) and coordination for the fulfilment of agreements.

Articles 7 and 15. Consultation and mining projects

The environmental assessment of mining exploration/exploitation projects for environmental impact studies, and the drafting of environmental impact statements, in accordance with the scope of the mining activity, are carried out by the National Service for Environmental Certification of Sustainable Investments (SENACE) and the Ministry of Energy/regional governments, respectively, with the participation of indigenous peoples. On 22 December 2023, the Ministry of Culture issued 181 opinions at the request of SENACE and the Ministry of Energy, of which three are binding.

Regarding the Ministry of Energy criteria for identifying which indigenous peoples must be consulted concerning a project, each promoting body must identify measures that may be related to the collective rights of indigenous peoples and, where indigenous peoples may be affected, prior consultation must be carried out.

With regard to measures to inform indigenous peoples of the importance of consultation and encourage their participation in such processes, the following actions were carried out in 2023:

• participation of 16 entities: 5 ministries (Ministry of Energy, Ministry of Education, Ministry of Culture, Ministry of Transport and Communications, and Ministry of the Environment), 3 public bodies (National Service for State-Protected Areas, National Intercultural Health Centre, and National Forestry and Forest Fauna Service), 4 regional governments (Loreto, Cusco, Huancavelica and Ucayali), and 3 local governments (Ucayali, Manseriche and Nueva Requena), on matters related to natural protected areas, mining projects and hydrocarbon plots;
• implementation of 141 technical assistance actions related to prior consultation for 2,389 participants (865 officials and 1,524 inhabitants);
• management of 21 cases, of which 12 are related to prior consultation;
• capacity-building for 3,106 persons: 931 public officials, 1,118 indigenous/native inhabitants, and 1,057 other individuals;
• implementation of 11 online courses on the right to and process of prior consultation, through which 3,890 persons were trained, with a 12th course currently under way;
• development of a plan for the implementation of intercultural dissemination mechanisms on the status of prior consultation agreements.

Article 14. Land

The Ministry of Culture provides support in guaranteeing the collective right to land and territory for 49 communities in 9 departments: San Martín (22); Ayacucho (9); Huánuco (5); Ucayali (3); Loreto (4); Pasco (3); Amazonas (1); Madre de Dios (1); and Cusco (1). To date, the following actions have been conducted:

• capacity-building for 32 indigenous leaders from Loreto and Ucayali;
• participation in dialogue forums and titling round tables convened by the regional agrarian directorates of three regions (San Martín, Huánuco and Ucayali);
• organization of coordination meetings with authorities to expedite processes for the physical and legal clarification of rights defenders’ cases in five regions (San Martín, Huánuco, Ucayali, Pasco and Loreto);
• provision of technical assistance to the regional governments of Ucayali, Pasco and Huánuco for the creation of “technical titling round tables”, in order to resolve disputes, and carry out processes for the demarcation and titling of land.

Articles 26 and 27. Education

With regard to education services, the Ministry of Education indicates the implementation of the following actions in 2024:

• classification of 73,092 teachers according to level of native language proficiency, with the majority having an advanced level (39,493);
• issuance of 98 text titles in 14 native languages, and 305 library resources in 43 native languages for basic education;
• publication of 16 writing manuals and 9 vocabulary teaching resources as linguistic tools for teachers;
• drafting of a plan for teacher development in bilingual intercultural education in order to close gaps.

Concerning the defence and protection of the rights of indigenous peoples in bilingual intercultural education in 2024, the Ombuds Office notes that the sectoral policy on bilingual intercultural education provides recommendations for 23 regional education departments with respect to the following:

• allocation of vacancies for teachers in bilingual intercultural education in accordance with requirements;
• processes and necessary resources for the distribution of teaching materials.

Discussion by the Committee

Chairperson – I have the honour to invite the Government representative of Peru, his Excellency, the Minister of Labour and Employment Promotion, to take the floor.

Government representative – Chair, ladies and gentlemen, it is an honour for me to appear before you on behalf of the State of Peru to reaffirm my country’s commitment to fulfilling the legal obligations deriving from the ILO Conventions, to express gratitude for the constant support from the international standards supervisory bodies and the recommendations they make to us, and to address the comments and concerns of the various social partners who drive us forward to continue making improvements.

The Convention, which has been in force for Peru since 1995, supposes not only the right of these peoples to preserve their cultures and their ways of life but also the right to participate effectively in the decisions which affect them. In this regard, I would like to provide information on our application of the Convention, and on the judicial proceedings instituted in the wake of the murders of indigenous leaders.

With regard to the murders of indigenous leaders Edwin Chota, Leoncio Quintísima, Jorge Ríos and Francisco Pinedo, I must point out that the Government, through the Attorney General’s Office attached to the Ministry of Justice, together with the Public Prosecutor’s Office, has handed down a historic ruling against the perpetrators, having adopted an effective strategy based on circumstantial evidence.

I can confirm that recently, through a ruling dated 11 April 2024, the accused were sentenced to 28 years and 3 months’ imprisonment for the aggravated homicide of our indigenous leader comrades, and were ordered to pay civil compensation to the leaders’ relatives.

The ruling in the Saweto case constitutes a landmark for justice in the Amazon and for human rights defenders, achieved after almost ten years of arduous judicial proceedings. This will certainly be a major precedent for my country and for all ILO Member States.

On the day when the sentence was read, the Minister of Justice and Human Rights, Mr Eduardo Arana Ysa, was present at the hearing, as a demonstration of the commitment to and support for the victims of this execrable act.

I must also inform this esteemed Committee that the Government has taken steps to protect the physical safety and psychological well-being of the relatives of the victims. In this regard, their young children have been incorporated into the register of beneficiaries, thereby enabling them to receive financial and psychological assistance. Furthermore, the widows have been incorporated into the programme of protection and assistance for victims and witnesses, and all have been given personal guarantees against possible risks.

In addition, the Government has been driving an initiative called the Saweto Action Plan to improve the living conditions of the community through projects related to production, infrastructure, sanitation, transport, safety and the provision of electricity, among others.

With regard to the new cases of murders of indigenous leaders such as Mr Quinto Inuma, leader of the Kichwa and Yanayacu native community, and Mr Santiago Contoricón, chief of the Puerto Ocopa-Junín native community, the Government has responded immediately, appointing the prosecutors in the investigation conducted by the Public Prosecutor’s Office in order to identify those responsible and impose severe penalties.

Moreover, the Committee should be informed that the Government has been carrying out specific actions to tackle the practices of forced labour, illegal logging and illegal mining, as follows: the adoption of a comprehensive approach based not only on prosecution and punishment of the crime but also on providing support for the victims and ensuring their reintegration; the approval of the third National Plan against Forced Labour, with an intercultural and intersectional perspective in the labour and employment promotion sphere; the setting up of the National Observatory on Forced Labour; the establishment of the 1819 phoneline to receive complaints from the public regarding forced labour, protecting the identity of all persons where requested. The “Intersectoral protocol against forced labour” has been adopted. In addition, the pilot project for the reintegration of forced labour victims into employment is under way.

Regarding the excessive use of force against indigenous rights defenders in the context of protests, and the dissemination of stigmatizing speeches and racist harassment against indigenous communities, the events described above are under investigation by the Public Prosecutor’s Office. The Government has transferred 99 million soles to strengthen the investigation teams at this institution. The Public Prosecutor’s Office is a body which enjoys constitutional autonomy and does not depend on either the executive branch or the judiciary. Consequently, this Office will provide information on these events in due course and, if applicable, will identify the perpetrators so that they can be punished severely.

The Government rejects all forms of discrimination. In this regard we are implementing public policies aimed at eradicating these practices, some of which we describe below.

The corpus of standards applicable to the use of force has been strengthened, incorporating an intercultural and human rights-oriented approach into the activities of the police, prosecutors and armed forces.

Awareness-raising and training actions have been carried out benefiting 11,571 police officers, as well as officers and sub-officers in the armed forces.

The “Peru without racism” strategy has been formulated, in order to promote respect and appreciation of our cultural diversity to help reduce practices of ethnic and racial discrimination in the context of inclusive public policies.

With regard to the protection of human rights defenders, the Government has been reinforcing the operation of the intersectoral mechanism for the protection of human rights defenders. The existence of this mechanism is a reflection of the need to protect, in particular, indigenous rights defenders, who are confronted with illicit activities such as illegal logging and mining, and gives expression to the obligations of all sectors to engage in protection and awareness-raising with the participation of the Government and social partners.

Seven regional round tables have thus been established for decision-making on risk situations for rights defenders, early warning projects have been implemented to prevent illicit drug trafficking and identify risk situations for human rights defenders.

Seven courses have been held on the role of human rights defenders, focusing on protection and responses to risk situations, with the participation of 210 police officers, 266 leaders from 53 indigenous organizations, 120 judges and 40 prosecutors specializing in human rights and intercultural matters.

Regarding the right to consultation, on the basis of work done by the Multisectoral Committee for the Application of the Right to Prior Consultation, a total of 88 prior consultation processes have been concluded, of which 59 culminated in agreements relating to the consultations. In addition, 1,238 agreements have been signed which are being followed up by the Multisectoral Committee.

As regards consultation processes in the mining sector, the criteria for prior consultation are in accordance with the methodological guide for the identification of indigenous and native peoples prepared by the Ministry of Culture. The Government has been promoting dialogue mechanisms provided for in the Right to Consultation Act, applying the principles of timeliness, interculturality, good faith, lack of coercion or restriction, and timely information, in order to achieve harmonious relations among the sectors and communities involved.

In order to move forward in the processes of identification, demarcation and regularization of lands traditionally occupied by indigenous peoples, guidelines have been issued to simplify the processes of recognition, regularization and titling of campesino (peasant farming) and native communities.

We are providing technical assistance to regional governments to set up technical round tables on titling in order to carry out the procedure for demarcation and titling of territory.

We hope that in the short time allocated to us we have been able to provide the required information relating to our application of the Convention. As you will see, Peru, like many countries, is facing major structural challenges, and it is clear that we are implementing policies that promote the application of the Convention.

These are advanced policies which position us as a country that is making efforts to tackle these challenges.

For our country, this is a great opportunity for us, in conjunction with other countries at the ILO, to combine efforts and experiences and, within the context of the Convention, continue to implement public policies for the protection of the human rights of our peoples.

The poverty and extreme poverty that exist in our region constitute the worst violation of human rights, as it prevents access to food and basic services such as education and training, without which it is impossible to develop skills enabling entry to the formal labour market. It is vitally important to break this chain of poverty binding generations because poverty and extreme poverty are the root cause of forced labour, child labour, the informal economy and other ills.

In accordance with its fundamental role, the ILO can be the perfect partner for coordinating the efforts of employers, workers and governments for the benefit of the human rights of our peoples.

Worker members – The Convention is a fundamental pillar for the worldwide protection of the rights of indigenous peoples. However, in Peru, the implementation of the Convention has been grossly inadequate, resulting in serious and ongoing violations of the rights of these peoples.

It is a source of concern and regret that this is not the first time that we are having to address the case of Peru for serious violations of the Convention. In 2009 and 2010, our Committee examined the situation of violence against indigenous peoples. In particular, we addressed the serious incidents which occurred in Bagua.

In June 2009, thousands of indigenous demonstrators blocked the road to Bagua in the Amazon region for over 50 days. This act of protest was a response to a series of legislative decrees issued without prior consultation, which threatened indigenous peoples’ fundamental rights to land and natural resources. This episode culminated in a massacre which left 33 people dead, a dark and bloody chapter in the history of Peru.

Fourteen years later, the Peruvian Government continues to demonstrate an alarming lack of commitment to indigenous rights and observance of the Convention. We are bound to mention the case that occurred in 2014 which became a symbol of how the Peruvian State has been flouting the human rights of indigenous peoples.

For years, the Committee of Experts has insisted that the Government take the necessary steps to investigate and punish those responsible for the murders of four leaders of the indigenous Asháninka community of Saweto, which occurred in September 2014.

These leaders were murdered after reporting illegal logging in their community. Although a judgment was handed down sentencing the perpetrators to 28 years’ imprisonment, six months later the High Court of Ucayali overturned the judgment and ordered a fresh trial, claiming insufficient evidence and inadequate grounds. These flawed proceedings reflect the lack of political will by the Government to ensure justice and protect indigenous rights defenders.

According to the information which we have received from the trade unions in Peru, the Government stated that on 11 April 2024 the Criminal Court once again convicted the accused. However, according to the information received, none of the convicted individuals is currently in prison.

Ten years later, impunity continues to prevail in the murders of the Saweto leaders, and threats against the families of the victims have not stopped. The main spokesperson for these families has been the victim of reprisals in Pucallpa, which is evidence of the ongoing risk that they face.

As indicated by the Committee of Experts, it is vitally important that judicial proceedings are resolved rapidly, since justice delayed amounts to justice denied.

The Saweto case is a reflection of a much bigger problem – namely, the illegal trafficking of wood, facilitated by a system of forced labour which exploits indigenous persons through an unending cycle of debt. The Committee of Experts expressed regret that the Government did not provide information on any progress in the investigation into these illegal practices or on forced labour in Ucayali. This inaction not only perpetuates exploitation and violence but also undermines confidence in the Peruvian justice system.

Furthermore, the protocol on prosecution action for the prevention and investigation of crimes against human rights defenders, approved in 2022, is paralysed because of lack of financial resources.

This is a source of great concern, given the increase in illegal activities such as logging and mining in indigenous territories, and the constant threats faced by those defending their lands and the environment. Recent examples include the murder of Mr Santiago Contoricón in 2023. In April this year, park ranger Mr Victorio Dariquebe, of the Harakbut people, was murdered in the Peruvian Amazon region, after receiving threats for defending his community and ancestral lands. The indigenous leader was killed as he was returning to his native community on a Friday night, presumably by mafia elements associated with illegal logging. In addition, his 18-year-old son was pursued, beaten and tortured by the assailants.

According to the Interethnic Association for the Development of the Peruvian Rainforest – comprising nine decentralized indigenous organizations of the Amazon region located in the north, centre and south of the Peruvian rainforest – in the last ten years a total of 33 persons have been killed while defending their territories and forests.

The Committee of Experts also noted the observations of the Office of the United Nations (UN) High Commissioner for Human Rights on the excessive use of force and stigmatizing speeches against indigenous demonstrators during the protests from December 2022 to September 2023. Moreover, a report of the Inter-American Commission on Human Rights highlighted the fact that the protests in Apurímac, Ayacucho, Puno and Arequipa, most of which were led by indigenous peoples, were the most violent, recording the highest numbers of victims.

Another fundamental point in the Convention relates to Articles 7 and 15 regarding consultation and impact assessment. For a number of years in Peru, the lack of consultation especially in relation to mining projects has been denounced.

A 2022 report of the Ombuds Office indicates that there is no guarantee of consultation during the environmental impact assessment of projects which directly affect indigenous communities. There is an evident lack of clarity in identification of the peoples to be consulted and in procedures where communities refuse to participate. This is a direct violation of the Convention, which requires the consultation and active participation of indigenous communities in decisions that affect their lands and resources.

Lastly, the Committee of Experts expressed regret at the lack of progress on the identification, demarcation and titling of lands traditionally occupied by indigenous peoples. According to the Ombuds Office, some 1,700 communities are awaiting titling, and there is a need to simplify administrative procedures relating to the physical and legal regularization of these communities.

It is important to emphasize that the procedures for land titling for native communities are based on the Political Constitution of 1933. The Peruvian State has a historic debt towards the Amazonian peoples because it needs to amend the domestic legislation to guarantee land rights, in accordance with international standards, and not continue to hand over lands on the basis of transfer of use.

The UN Human Rights Committee has also expressed concern at the legal uncertainty and heavy pollution in native territories as a result of oil, gas and mineral exploitation.

In conclusion, the implementation of the Convention continues to be inadequate. We call for a real and effective commitment to guarantee the rights of indigenous peoples, not only in theory but also in day-to-day practice. It is vitally important that the Government take concrete steps as a matter of urgency to protect those who have been marginalized historically and ensure that their rights and territories are fully respected. The international community and the ILO supervisory bodies must continue its monitoring and put pressure on the Government to fulfil its international obligations and guarantee justice and dignity for the indigenous peoples.

Employer members – Firstly, we would like to thank the Government of Peru for the oral and written information provided on compliance with the Convention in law and in practice.

In the usual way, we would like to provide information on the context of the case to ensure better understanding. As the Worker spokesperson mentioned, this is the third time that the Committee is discussing this case. The first time was in 2009, and it was discussed again in 2010. Since then, the Committee of Experts made observations on the case in 2017 and 2021 and, most recently, in 2023, taking note of the Government’s reports and the observations of both workers and employers.

In its follow-up to its last observations in 2023, the Committee of Experts has raised some highly relevant issues. First, with regard to compliance with Article 3 of the Convention.

Regarding the judicial proceedings relating to the murders of indigenous leaders in Alto Tamaya-Saweto, the Committee of Experts deplored the lack of progress on the imposition of penalties for the murders of the four union leaders more than ten years ago. The Committee of Experts also noted with concern the complaints of threats and assaults on relatives of the victims and urged the Government to take the necessary steps to settle the case and protect the victims’ relatives.

The Employer members are concerned at and reject any violence or threats and are also concerned at the excessive delay of the justice system in resolving cases such as those presented. This shows the existence of a structural problem in the administration of justice in Peru which must be tackled as a matter of urgency and as a priority.

We are aware that Peru has experienced a climate of widespread violence, as stated by the Committee of Experts, which we understand to exist especially in some territories where illegal economic activities proliferate, such as illegal mining and logging.

It would therefore be important to clarify whether the violence is linked to membership of an indigenous people, to the climate of violence in these territories, or to the illegal activities practised in these territories.

The Employer members recognize the progress described by the Government through various initiatives for the protection of indigenous rights defenders, both in the Committee of Experts’ report and in the supplementary information presented to this Committee. However, the murders of other indigenous leaders in 2023 and other acts of violence against these peoples in the context of protests in Peru in 2022 highlight the fact that the Government should address these matters using a more holistic approach.

The national employers, through the National Confederation of Private Business Institutions (CONFIEP), have expressed their concern, as stated in the report, at the increase in illegal and informal activities such as illegal logging and mining on the territories of indigenous peoples and the need to take preventive measures.

We urge the Government to intensify its efforts within the justice system and in relation to the protection of the rights of indigenous peoples, as well in combating informality and the illegal activities carried out in these territories which particularly affect these peoples.

Secondly, with regard to Articles 6, 7 and 8 on the holding of consultations, the Employer members wish to emphasize that Peru is one of the few countries in the region which has a regulated consultation process and an institutional structure which accompanies it. We take account of the fact that Peru ratified the Convention in 1994 and that the Prior Consultation Act was enacted in 2011, with the implementing regulations for the Act issued in 2012.

Under the terms of the Prior Consultation Act and its regulations, the consultation process in Peru is composed of seven stages, and in this connection the Employers would like to highlight some positive aspects which have enabled implementation of the process to progress. These include: the relationship initiated between officials of the State and the indigenous peoples; the use of measures which should expedite the process and make it more participatory; the early termination of consultation processes when so decided by the indigenous peoples; accreditation of non-existence of indigenous peoples by the Cabinet when relevant and adequate information is available; and the opportunity of reaching agreements in the intercultural context, which are the result of proposals made by the representatives of the indigenous peoples. These are all important forms of progress.

Despite such progress, the Committee of Experts, after analysing the regulations in force and the report issued by the Ombuds Office, indicated that the Government should take steps to identify and address issues in the implementation of consultation processes in the mining sector and requested additional information.

In this regard, the national employers pointed out that there is a lack of clarity regarding the ways of identifying the indigenous peoples to be consulted, and also regarding the ways of deciding whether peoples are affected. Nor is it clear what procedure should be followed when indigenous peoples refuse to participate in consultation.

We would like to highlight some of the issues related to consultations.

Firstly, the database of indigenous peoples is merely a reference tool, so there is no predictability in the identification of indigenous peoples. For the identification of indigenous peoples and their registration in the database, there is no guarantee of the application of objective criteria or of historical continuity. Nor is it clear how it is decided whether a project can directly affect the collective rights of indigenous peoples, and the time frames for implementing the prior consultation processes are excessive.

First of all, there are no time limits for the evaluation stage, which means that many projects can remain at the evaluation stage for months or even years. Against this background, in practice, the state decision-making body does not give any continuity to the process to close it and decide on the adoption of a decision. The risk then arises of a de facto veto on investment projects and therefore on progress.

The above aspects have a direct impact on investment and they cause enormous economic and social losses, because the creation of thousands of formal jobs is blocked and the possibility of making progress in areas which need it is lost.

The above aspects show the need for measures to be adopted that ensure that consultations are held under the good faith principle, in accordance with the terns of the Convention, and that the development of productive products and the creation of formal employment are enabled.

Lastly, we echo the observations of the Committee of Experts and request the Government to: take action to protect the life, physical safety and psychological well-being of the relatives of the murdered indigenous leaders; make available all necessary resources to ensure that all instigators and perpetrators of these murders are prosecuted and punished once and for all; provide information on the criteria used to decide which peoples must be consulted; and take all necessary measures to prevent, investigate and punish the excessive use of public force against indigenous persons in the context of protests in defence of their rights.

Worker member, Peru – I begin this intervention by stating that the murders of Edwin Chota, Jorge Ríos, Leoncio Quintisima and Francisco Pinedo, leaders and defenders of the rights of the indigenous peoples of the Ashaninka de Saweto community, demonstrate the State’s negligence and a blatant climate of impunity considering the lack of justice brought since their murders. More than 30 indigenous rights defenders have been murdered in Peru over the last decade and to date justice has not been done.

Regrettably, as at the previous Conference, I am reporting the Government’s incompliance with a new Convention. It is not the first time, as in 2009 violence against the indigenous peoples in Bagua was examined in this Committee.

Ten years since the murders of these four indigenous leaders by illegal loggers, on 11 April 2024, the Collegiate Penal Court of the Supreme Court of Justice of Ucayali sentenced the logging companies guilty of the leaders’ murders to 28 years and three months’ imprisonment. It ordered the payment of compensation amounting to 50,000 soles for each leader. The sentencing of the accused, Eurico Mapes, is pending until he is caught.

To reach this first stage of the proceedings, a long process was followed plagued by a series of irregularities dominated by the interests and pressure from criminal groups. However, the Government fails to state that none of the convicted persons is in prison. So I repeat: ten years after the murders, impunity continues around the murders of the indigenous leaders of Saweto. The Committee must also note that the ruling of 11 April 2024 has been appealed, the murderers are free to continue threatening the victims’ families, in a climate of insecurity in the community and surrounding areas, which has forced the victims’ families to leave their communities. Their children cannot go to school and are also victims of harassment, and although they have requested protection, it has not been provided.

The victims’ families still do not know if they have to wait another ten years to secure a final sentence. Hence, the case continues without punishment.

It should be noted that the climate of violence and impunity accepted by the Peruvian authorities at the national and regional levels is a serious impediment to the exercise of indigenous people’s rights in the Peruvian Amazon, enshrined in this Convention.

In Peru, human rights defenders cannot act in a safe and conducive environment. They have to contend with criminalization and stigmatization, judicial harassment, threats, attacks and intimidation, as well as lack of access to justice, non-enforcement of sentences, scarce effective protection from the police and the judicial system, and the problem of titling for indigenous communities’ lands.

In general, indigenous communities, rural farmers, land rights and environmental defenders are the groups of defenders at greatest risk in Peru, despite the fact that they are doing the work of the State by monitoring and reporting cases of crimes, such as illegal logging, forced labour and illegal mining.

Furthermore, the intersectoral mechanism for the protection of human rights defenders has only built expectations. However, plainly its progress has been more towards negotiations and coordination among institutions to deal with urgent cases. It is not clear what strategies are being developed to address the fundamental issues that threaten environmental defenders and their land. The mechanism only deals with some urgent situations but does not resolve the structural issues that pose a constant threat to the persons in question. We could say the same about the regional working groups and protocols. It would appear that the Government intends to leave the defenders defenceless. Nor is the effectiveness of the mechanisms ensured through adequate budgets and prompt action.

In short, with regard to the protection of indigenous rights defenders, measures have only been taken to warn and raise awareness of the situation when there is already an impact, but there is no prevention or punishment.

Such a context creates an environment conducive to crimes, such as the murder of the indigenous leader Santiago Contoricón, in April 2023, after reporting illegal activities in the Asháninca territory, Satipo province. There was also the murder of the indigenous leader Quinto Inuma Alvarado, of the Santa Rosillo de Yanayacu indigenous community, an environmental defender who protested against illegal logging.

Do we have to wait ten years for those responsible to be punished? This shows that the Government is disregarding protection of the integrity of indigenous peoples and their leaders. Let us not forget the families of the bereaved, who are left totally defenceless, without money or social protection, threatened, unable to work or, their children, go to school. What has the State done for them during these ten years?

It is therefore vital to strengthen protection mechanisms, as well as to have political will to allocate budgets for persons who file complaints and their entourage, and resources for their survival, which must be sustainable and compatible with the people’s intercultural context.

With regard to the observations on the human rights situation in the light of the protests in Peru, and as highlighted by the United Nations High Commissioner for Human Rights, between December 2022 and September 2023, there were 49 extrajudicial executions that included persons from indigenous communities. Stigmatizing discourse and racist harassment were widespread against protesters belonging to indigenous communities. Those directly responsible remain unpunished and investigations are being deliberately drawn out in a tacit agreement among the illegitimate State authorities, against a backdrop of political, social and economic instability, and corruption.

Regarding the right to consultation, the Government has not aligned its internal legislation in keeping with its international commitments. It has not envisaged the implementation of the right to consultation with indigenous peoples, in conformity with the Convention, considering the process merely a mechanism for partial reporting.

Currently, in our country, the consultation process has still not been understood as a transparent dialogue between the Government and the indigenous peoples. While there is an entity tasked with implementing the consultation process in the mining sector, this process starts after the environmental certification has been issued and stops before authorization is granted to the mining concession. Therefore, consultation with indigenous peoples is not guaranteed during the environmental impact assessment stage, dismissing the fact that, in accordance with the Convention, Governments must ensure that wherever possible studies are conducted in cooperation with the peoples concerned.

The Committee should note that the Government is bound to guarantee free, prior and informed consultation, as set forth in the United Nations Declaration on the Rights of Indigenous Peoples.

Peru is a multicultural country and the existence of diverse cultures in our country should be valued.

Lastly, we hope that the Government, now that it has been elected as a regular member of the Governing Body, will set a date for the direct contacts mission for Convention No. 87, show willing to comply with the conclusions of this Committee, and agree on the visit of a new mission.

Employer member, Peru – Thank you for allowing us to set out the position of the employers of Peru, represented by the National Confederation of Private Enterprise Institutions (CONFIEP), concerning the application of the Convention in our country.

As representatives of the employers of Peru, we reject and deplore all acts of violence and we regret that this has been a recurrent situation against indigenous leaders over recent years. We also regret that the justice system does not act promptly in relation to these crimes, which generates a situation of impunity and leaves indigenous leaders and their families in constant danger. This situation clearly runs counter to one of the objectives of the Convention, which is to ensure that indigenous peoples enjoy the same rights and opportunities granted by the national legislation to all citizens.

While we welcome the fact that almost half a decade after the actual events, sentences were handed down against those guilty of the murder of four indigenous leaders of the Alto Tamaya-Saweto community, as recently reported by the Government, we regret the information provided by the workers’ representative that to date no one has been imprisoned for these deplorable acts.

We are also aware that the criminal organizations of illegal mining and logging continue to threaten and cause harm to indigenous peoples and their leaders, as CONFIEP has shown in other discussions of the case.

As reported by the worker spokesperson of my country, on 19 April 2024, Mr Victorino Dariquebe, the park ranger for the Amarakaeri community reserve, belonging to the Harakbut indigenous community, was murdered. Investigations suggest that informal miner workers are responsible for his death. The Wampís indigenous community had been alerting the Government to the invasion of its territory by illegal miners. In April this year, Wampís leaders visited Lima to call on the central governmental authorities to address the situation.

In Peru, illegal logging and mining are linked to other crimes, such as drug trafficking, forced labour, child labour, smuggling of persons, hired killers, extortion, murder, land theft and tax evasion. They also damage the environment by severely impacting forests and exacerbating climate change: between 2011 and 2022, these activities caused the deforestation of 2.6 million hectares of forest in our country.

Illegal mining has become the primary criminal economy in our country, equivalent to 2.5 per cent of our gross domestic product. We therefore urge the Government to adopt effective policies to combat organized crime, which affects the population throughout the country, particularly the most vulnerable, such as the indigenous populations. These policies must be adopted by involving all the stakeholders concerned, including workers and employers.

The employers and workers of our country have been proactive. For seven months, trade unions and employers’ organizations, including CONFIEP, have been working together, seeking to reduce people’s insecurity. Last month, we presented the Government with various proposals drafted by consensus to address such insecurity, which generates losses to the country estimated at 3.09 per cent of our gross domestic product.

To conclude on this point regarding compliance with Article 3 of the Convention, we recall that the application of the Convention must be guaranteed in a context of social dialogue and understanding, free from violence and intimidation.

Furthermore, in accordance with Articles 6, 7 and 15 of the Convention, the consultation process must be implemented effectively and in good faith, so that it does not become a hidden veto on private investment, which is the only mechanism for generating decent work. In Peru, the private sector generates 80 per cent of investment and 71 per cent of formal employment.

The current system must be improved. We must overcome the difficulties in applying the Convention, to allow for the creation of direct and indirect jobs, with the subsequent well-being and progress for the poorest areas, including indigenous territories. To this end, the following points need to be addressed:

First, there must not be bureaucratic delays to the process of identification of indigenous peoples.

Second, the time frames for implementing prior consultation processes must be defined, as they are excessive. On the one hand, there are no timelines for the assessment stage, which involves the identification of peoples and impact assessment concerning collective rights, which means that the evaluation of many projects takes months or even years. At the implementation stage, a time frame of 120 calendar days has been established. However, in practice, this time frame is not upheld, and this stage can last for various months or even years. For example, the case of the Antapaccay-Coroccohuayco project has lasted more than three years and the Tajo Chalcobamba project has lasted two years.

Third, consultation should not be confused with a prior approval procedure. The absence of an agreement does not mean that the consultation process has not been carried out under the terms set out in the Convention.

Another issue to resolve is the lack of clarity on situations where indigenous peoples do not participate in the consultation process. The exhaustion of efforts made by the Government in this regard should be specified, as well as the mechanisms that guarantee the application of the Convention in good faith, as established in the text itself.

Last but not least, the Government must close socio-economic gaps as a matter of priority, as they contribute to distorting the objective of consultation. Owing to the many needs of the indigenous peoples, consultation processes are mistakenly used to present social demands that should be dealt with by the Government. This situation is all the more serious in the country’s current context, in which 29 per cent of the population is in a situation of poverty.

We reiterate the willingness of the employers of Peru to work in a tripartite manner to resolve the obstacles to the full application of the Convention, which will ensure the legal certainty required to develop investment for the creation of jobs that meet the standards of decent work. We also reiterate the request of the region’s employers for an expert on the Convention to provide appropriate technical assistance and support.

Government member, Mexico, speaking on behalf of the group of Latin American and Caribbean Countries (GRULAC) – I am speaking on behalf of the majority of GRULAC Member countries in the light of the information provided by the Government relating to the recommendations of the Committee of Experts on the application of the Convention. GRULAC notes the Government’s efforts to give visibility to and protect its indigenous peoples and tribes – a vulnerable population with particular importance to our region. We welcome the measures adopted by the Government to prevent, investigate and punish acts of violence against indigenous rights defenders, as well as efforts to promote and protect indigenous people’s human rights, particularly those faced with illicit activities, such as mining and illegal logging. We note the measures taken by the Government to include indigenous peoples in assessments of mining exploitation projects, to increase the direct participation of these communities.

In light of what we have heard, we invite the Government to continue implementing and carrying out specific actions for the ongoing application of the binding principles and regulations provided for in the Convention, for which we encourage the Office to provide the relevant technical assistance.

Worker member, Spain – I am speaking on behalf of the General Union of Workers (UGT) and Trade Union Confederation of Workers’ Commissions (CCOO). The report of the Committee of Experts reveals an overall lack of compliance with the Convention by the Government, referring to, for example, murders of indigenous leaders, impunity, threats to victims’ families, arbitrary repression during protests, lack of consultation and dissemination of stigmatizing discourse. It is clear that we are faced with an extremely serious situation, affecting a particularly vulnerable population. The Committee of Experts itself recalls in its report that “a climate of violence and impunity constitutes a serious obstacle to the exercise of the rights of indigenous peoples established in the Convention”.

If we look at the specific cases presented by the workers, such as the Saweto case, we see that behind the violations of the communities’ rights, which include murders and impunity, lie social and economic stakes related to the activities of illegal economies, such as illegal logging and forced labour.

Illegal logging in Peru is a business that generates huge amounts of money for the criminal groups involved, accounting for almost 40 per cent of all timber produced in the country. The report of the Committee of Experts takes account of the information provided by the Autonomous Workers’ Confederation of Peru (CATP) that the main motivation for the Saweto crime was the reporting of illicit activities subjecting indigenous people to forced labour. This is another key issue in the case: the failure of the Government to control illegal logging activities gives way to the forced labour of indigenous people who, given their precarious living conditions and lack of resources, are captured by criminal groups, who engage them informally, violating all labour regulations.

In addition, indigenous workers are obliged to accept foodstuffs from the criminal groups, generating debt bondage which condemns these workers to an endless relation of submission.

This mechanism, which is undoubtedly a situation of forced labour, is known as the habilitación system and is a clear violation of Article 20 of the Convention, which prescribes that the Government shall guarantee that workers belonging to indigenous peoples “are not subjected to coercive recruitment systems, including bonded labour and other forms of debt servitude”.

It is notable that this situation has been reported not only by workers’ organizations but, as already mentioned and as in the report of the Committee of Experts, also by CONFIEP, which reported an increase in illegal and informal activities, such as logging and mining, in indigenous peoples’ territories in the country.

In its report, the Committee of Experts notes with regret that the Government has not provided the information requested on the investigations into illegal logging and the cases of forced labour linked to the habilitación system.

I will conclude by saying that, for this case, the Committee of Experts must firmly demand the implementation by the Government of urgent measures to prevent activities of an illegal economy that undermine rights, including those contained in the Convention and others intended to strengthen mechanisms to protect indigenous peoples’ rights defenders who report these crimes.

Government member, United Kingdom of Great Britain and Northern Ireland – The United Kingdom closely monitors the situation of human rights and environmental defenders, including those of indigenous peoples in Peru and welcomes the opportunity to discuss these issues in this forum. The United Kingdom considers indigenous peoples and local communities to be fundamental actors, particularly in respect of the protection and sustainable use of the environment.

The United Kingdom welcomes efforts by the Government to advance the protection of the rights of these groups. The United Kingdom notes that after ten years, the Saweto case has made significant progress, and will hopefully conclude with justice served for the families of four indigenous environmental defenders killed by illegal loggers in 2014.

We also note the commitment by the Peruvian authorities to investigate the murders of indigenous leaders and environmental defenders, including Santiago Contoricón and Quinto Inuma Alvarado, and we hope that justice is served. The United Kingdom calls on the Government to intensify its efforts to guarantee the protection of indigenous peoples, meet its own commitments to uphold their fundamental and collective rights, and uphold its obligations regarding the Convention.

We encourage the Government to protect indigenous peoples’ right to prior consultation and access to culturally sensitive public services. We also call on the Government to take action to tackle the illegal activities, such as illegal mining and logging, that threaten these groups and their territories.

We ask the Government to take swift action to demonstrate that anyone responsible for infringing the rights of indigenous peoples or violating their territories will be held accountable and brought to justice.

The United Kingdom has previously stated the need for impartial investigations into allegations of abuses and disproportionate action by the police and armed forces, including alleged action targeting indigenous groups, during the 2022–23 nationwide protests in Peru. The United Kingdom encourages the Government to ensure progress to advance these investigations and bring perpetrators to justice.

In conclusion, the United Kingdom welcomes the Government‘s continued efforts to implement the recommendations of this report and meet its commitments to the groups highlighted, and sincerely hopes that it takes expeditious action to be in full compliance with the Convention.

Employer member, Chile – We express our deep regret for the loss of lives of indigenous leaders and the delays in the Peruvian justice system in dealing with these cases, punishing those responsible and providing adequate reparation and protection to the victims and their families. It is also worrying that indigenous peoples and their leaders continue to be exposed to this type of violence.

As already mentioned, this situation of insecurity is linked to the development of activities of the illegal economy, particularly illegal logging and mining. We draw attention to the fact that one way to combat these activities is to create an enabling environment for the development of formal projects that provide communities with licit development alternatives, offering jobs that meet decent work standards and remove persons, including those belonging to indigenous peoples, from informal and precarious work with little or no security for their health and lives.

With respect to the consultation process, it has been mentioned that one of the problems facing Peru is the difficulty in clearly identifying those who should be consulted. In this respect, in 2023, the Committee of Experts stated that the Government had not provided any information on progress regarding processes for the identification, demarcation and titling of the lands traditionally occupied by the peoples covered by the Convention.

We note the information provided by the Government on the creation of the Multisectoral Committee to implement the agreements reached during the consultation processes and the assistance provided by the Ministry of Culture in these processes. These technical assistance activities are, however, insufficient. Measures must focus on guaranteeing the titling of the lands of the 1,700 communities for whom this is pending, so that the legitimate parties for the consultation process can be clearly identified.

Worker member, Honduras – We must firmly denounce, regret and condemn the Government for the violations against protesters and the impunity concerning a high number of murders of indigenous leaders. These have not stopped despite the efforts made by human rights organizations and repeated calls from the Office to the Government.

The report of the Committee of Experts once again focuses on the case of the murders of four leaders of the Ashaninka community in Alto Tamaya, in Ucayali, which seems to be taking on a nightmarish scale since it began in 2014 following reports of illegal logging in the region. Not only have the criminal proceedings for the accused been slow, but delays have also been caused because of the decision to quash the ruling of a high court ordering that the legal investigation be resumed based on alleged flaws in the proceedings. We are not against the safeguards that all accused persons must enjoy but in this case such protractedness has resulted in a situation of real impunity relating to the violent murders of persons who were merely defending the rights of their communities peacefully.

The data provided to the Committee of Experts by the trade union organizations reveal irregularities in the prosecution services themselves, which is a concerning and negative sign of the functioning of the judiciary in the country. As the administration of justice is one of the essential functions of the State, the impunity enjoyed by those who committed the murders makes it clear that there are three extremely serious problems. First, the violation of basic human rights, such as safety, physical integrity and life itself. Second, the impact on the rights of indigenous peoples, as recognized by the Convention. Third, the regular reporting of serious failures of the State, which does not manage to fulfil even its essential duties, such as doing justice properly and in good time.

Impunity is such in this case that the accused harassed and threatened the victims’ families when they were still free. But, while the events and proceedings described here are tragic, they are not the only issues. Similar violence has continued, as illustrated by the recent murders of the indigenous leaders, Santiago Contoricón, in April 2023, after he reported illegal activities in the Ashaninka province of Satipo, and of comrade Quinto Inuma Alvarado in November 2023 in Santa Rocío de Yanayacu, in the region of San Martín. In addition, there have been displacements and subsequent uprooting to protect the safety of leaders and activists of other communities.

Lastly, it is equally serious that during the popular protests held in December 2022 and September 2023, an excessive use of police force was unleashed against indigenous persons in regions outside of the capital.

Employer member, Mexico – Let us not forget that the guarantors of free, informed, prior and culturally appropriate consultation are the States; and that all consultations must be carried out in “good faith” – a fundamental principle to ensure that consultation is not simply a formality, as demonstrated at the 1988 International Labour Conference. This Committee has also underscored that “an authentic dialogue must be based on respect of the rights and integrity of indigenous peoples”.

The Committee of Experts has highlighted that consultation processes help to build trust between the Government and indigenous peoples. We should recall, therefore, that consultation must provide these peoples with a real opportunity to express their views in the decision-making processes that affect them. It is therefore fundamental that the Government ensures that indigenous peoples have all the relevant information, that it is fully understandable to them, and that sufficient time is granted so that they can organize their own decision-making processes and participate effectively in the adoption of decisions.

According to the information provided by employers to the Committee of Experts, there is no clarity regarding the way in which the indigenous peoples to be consulted are identified or regarding the way in which the impact is determined; nor is there any clear framework on how to proceed when indigenous peoples refuse to participate in consultations, which generates great uncertainty in two ways: on the one hand, full access to the right to consultation is not guaranteed and, on the other, it creates a climate of legal uncertainty around employers’ projects.

Furthermore, some authorities make the mistake of requesting that administrative processes that are not likely to directly affect the communities be the subject of prior consultation, which is outside the provisions of Article 15 of the Convention, since this Article stipulates that, for extractive activities, consultation applies to administrative processes authorizing the start of the exploration and exploitation of resources, but consultation is not required for environmental certification.

Worker member, Norway – The trade unions in the Nordic countries express our deep concern about the grave human rights abuses of indigenous peoples in Peru. Peru has 55 different indigenous groups within its borders. This places special responsibility on the Government to apply and safeguard the provisions of the Convention for the benefit and protection of its indigenous population.

Indigenous communities in the Peruvian Amazon are subjected to discrimination, violence, threats and forced labour related to illegal economic activities, most notoriously logging, mining and coca cultivation. All this is illustrated by the emblematic legal case on the brutal murders of four Asháninka leaders from Alto Tamaya-Saweto in 2014. Although the crime was ten years ago, and the perpetrators were convicted in 2023, their final detention is still awaiting approval by a higher court. We call for definitive justice. The victims’ families and their community deserve protection. The perpetrators must be immediately detained.

Sadly, land and human rights defenders are under assault in Peru. From 2012 to 2022, 54 rights defenders were killed. Over half of the deceased are indigenous. Even though Peru has established a registry and an intersectoral mechanism for the protection of human rights defenders, these measures are, unfortunately, under-utilized since indigenous leaders are still being killed.

The Government promotes the reactivation of its economy. However, it is unacceptable that economic actors operating in indigenous lands avoid acquiring free, prior and informed consent, and opt instead for harassment and violence. By permitting impunity of such acts, the Government tacitly allows these practices against indigenous people who are merely defending their basic rights.

Finally, without recognition of basic land tenure rights of indigenous peoples, illegal actors are more easily able to enter and take control of these territories. Formalization of the 1,700 outstanding native and campesino community claims in Peru will help further strengthen indigenous peoples’ rights and improve protection against illegal actors.

We call on the Government to ensure indigenous peoples’ rights, improve their protection and establish their territories to confront the direct violence against them and to end impunity of the perpetrators.

Employer member, Guatemala – We align ourselves with what was said by our spokesperson and, as employers, we express our condemnation of all acts of violence or threats. We also express concern for the unjustified delays of the courts to punish those responsible for this type of crime, and to provide adequate reparation and protection mechanisms for victims and their families.

Additionally, it is worth noting that, while there is no requirement in the Convention for a national regulation on prior consultation, the Government opted for a domestic standard that in general terms adequately regulates consultation. However, in practice, this regulation is never used when resolving key issues, such as the proper identification of the populations subject to consultation, and situations in which the population refuses to participate in the consultation processes, thus moving away from the principle of good faith enshrined in the Convention. It is essential to resolve these shortcomings. To this end, two aspects need to be taken into consideration from the 2011 general observation of the Committee of Experts on this Convention, in which the Committee stated that:

• (i) “such consultations do not imply a right to veto, nor is the result of such consultations necessarily the reaching of agreement or consent” and
• (ii) “the obligation to guarantee adequate consultations lies clearly and explicitly with governments, and not with individuals or private enterprises”.

It is important to consider how the complications of the consultation processes stall formal projects that generate jobs that meet decent work standards. This in turn fosters the emergence and development of illegal activities, such as illegal logging and mining, which seriously affect the well-being and security of indigenous peoples, the environment and society in general.

We call on the Government to urgently attend to the problems mentioned, in consultation with the most representative social partners.

Worker member, Costa Rica – A fundamental component of the Convention is the right to be consulted by governments on aspects concerning the interests of these communities relating to projects to be carried out.

The purpose of consultation, under Article 7 of the Convention, is to carry out studies, in cooperation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on these peoples of development activities planned by the government. Further, under Article 15, governments are obliged to establish or maintain procedures through which they shall consult the peoples concerned, with a view to with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands.

In the case of Peru, the comments of the Committee of Experts reveal that consultation with indigenous peoples was not guaranteed during the environmental impact assessment stage on measures which may affect them directly, and thus the Committee of Experts reminds the Government of its obligation to fully comply with Article 7 of the Convention.

In essence, the Committee requests the Government to take measures to identify and address the difficulties that continue to arise in the implementation of consultation processes in the mining sector.

We wish to add that it is not a matter of simply complying with the Convention by fulfilling an obligation to consult the peoples concerned, because consultation has two fundamental roles: on the one hand, its purpose is to protect an interest which may affect them directly, for example, a mining or other exploration and exploitation project; and, on the other, consultation also has the purpose of giving effect to the right to recognition of peoples as historical and unique subjects from a historical, social, spiritual and cultural perspective.

This dual role of consultation is essential in order to comply fully with the Convention. The Government must meet this obligation so that recognition and participation are not reduced to mere progress on paper.

Employer member, Honduras – At the outset, as employer members, I wish to express our rejection of all types of violence against indigenous peoples specifically and any other population group in Peru.

This case should make us think carefully about the effective application of the Convention, as its implementation has been made difficult in various countries, especially in the Latin American region. Today we are hearing the case of Peru, where acts of violence against indigenous leaders have been reported, which is condemnable in every sense. But this just shows the absence of the Government, which allows illegal activity in many sectors, including illegal mining, which operates under conditions of unfair competition. But, what is most serious, is that it endangers the integrity and lives of many people in Peru.

An important issue to highlight in the case of Peru is that there is a consultation mechanism in place, which has served as a reference for many countries. We must recognize, however, that these consultation mechanisms present many challenges. The main challenge is the intervention of other parties which have been presenting new concepts of consultation, very different from the concept of prior consultation established by the Convention. This is an emerging problem in Peru because the indigenous populations are unaware of the consultation processes, thus generating a kind of veto not envisaged in the text of the Convention. Given this reality, the Office must pay greater attention to this important Convention.

I note that on several occasions, the Office has been asked to give more attention to the Convention, particularly in countries in the Latin American region. This region must have experts to assist certain States that have ratified the Convention in establishing effective consultation mechanisms with a tripartite approach, to prevent incompliance with the Convention, and ensure monitoring and enforcement of a Convention of such importance that guarantees the right to prior consultation and other fundamental rights of indigenous peoples.

Lastly, we wish to reiterate support for the employers working in a tripartite manner to ensure implementation of the Convention.

Worker member, Canada – The Committee calls on the Government to identify and address the issues concerning the implementation of consultation processes in the mining sector. More than 70 Canadian mining firms are active in Peru, together they command nearly US$10 billion in assets equivalent to 4.5 per cent of Peru’s gross domestic product in 2021. Canada, home to 75 per cent of global mining companies promotes the industry and hails Peru as a strategic mining partner.

While the Government advances a pro-mining agenda, Canada maintains that both countries stand to benefit from expanded extractive activities. But the spoils from Peru’s mining friendly policies are not shared evenly: as is often the case the majority of the population is subordinated to the interests and profits of a transnational mining elite.

Indigenous partners of Canadian non-governmental organizations indicate that the industry is trying to mine wherever and however, as fast as possible with the limited participation of the people affected. For example, the southern Peruvian province of Puno, near the border with Bolivia is home to many mining operations, some in the exploration stage and others that have already begun production. During the nationwide protests in early 2023, Puno was the site of severe police repression as indigenous and campesino communities rallied to demand reforms to address the toxic environmental liabilities left behind by existing projects, and to respect their right to consent to future projects through community driven, transparent and fair processes.

Communities and local organizations have condemned the lack of transparency around forthcoming projects, and the lack of regulatory frameworks to properly manage the mines and potential risks to public health and the environment. Prioritizing the profits of transnational companies and speeding up major extractive projects runs counter to the real needs of the population who have identified food, water and the climate crisis as fundamental concerns that must be addressed, and who have said that there is not a single mention of these issues in the plans put forward by the national and regional governments.

Former United Nations Secretary-General Ban Ki moon proclaimed that there can be no development for indigenous peoples without their free, prior and informed consent and without them being involved in every step. This underscores the call from Canadian trade unions and civil society actors for a robust mandatory human rights due diligence legislation which ensures Canadian companies take the steps in their overseas operations to prevent serious negative impacts to the environment, human rights and the long-term health of communities, including the requirement to respect community members’ right of participation and consultation as called for in the Convention.

Worker member, Chile – As a trade union leader and member of the Mapuche people, I regret the situation of our indigenous brothers and sisters of Peru, who denounce crimes such as illegal logging, illegal mining and forced labour, which endanger their lives and those of their families. The State does not provide them with adequate, efficient, sustainable, preventive and immediate protection mechanisms with sufficient resources or a genuine political will to provide comprehensive assistance to the Peruvian people to comply with the provisions of Article 4.1 of the Convention.

We are talking about specific cases and people with names: the case of Edwin Chota and three indigenous leaders from Saweto who were murdered for reporting illegal logging; the case of Quinto Inuma, an indigenous leader from the San Martín region, also murdered for reporting illegal logging, despite the establishment of a protection mechanism; the case of Augostina Mayán, leader of the Awajún people of El Cenepa in Amazonas, who was displaced following death threats for reporting illegal mining, for whom a protection mechanism was also established but without the assistance of the State; the case of Zebelio Kayap, leader of the Huampami community of El Cenepa in Amazonas, for whom there is protection but who has also been abandoned without state assistance; the case of Georgina Rivera Paz, an Awajún leader from the Nazareth community, in Chiriraco, Amazonas, who received death threats for denouncing drug trafficking and violations of children’s rights, for whom protection was requested and who does not have state assistance; the case of Isaías Mayán, indigenous leader of the Canga community in El Cenepa, Amazonas, who does not have protection although it was requested in 2021; and the case of Julián Gonza and Batman Chujandam, indigenous leaders of the Anak Kurutuyacu community who were displaced following death threats for reporting illegal logging, and for whom a protection mechanism is in place but without state assistance.

As we can see, the early warning protection mechanisms and human rights defenders protection mechanisms for these indigenous leaders who report crimes are not effective and this inaction by the Government generates and exposes them to risks to their lives. The Government learns of these events and does not provide an immediate and targeted response, in violation of Article 4 of the Convention. The Committee must therefore demand immediate action to regulate adequate protection mechanisms with budgets, taking account of the intercultural context of the first peoples.

Worker member, Mexico – I am speaking on behalf of the National Workers’ Union of Mexico. This case must be examined closely owing to the seriousness and complexity of the human rights violations against the indigenous populations of Peru. I refer in particular to two allegations in the report, which I wish to highlight in this intervention.

In Peru, the human right to expeditious, prompt, complete and impartial judicial process continues to be flagrantly violated and the situation has not changed in ten years. In the report, the Committee of Experts deeply regrets the brutal massacre of four indigenous leaders in Alto Tamaya-Saweto in 2014, which was not only an attack on human life, but a direct affront to the fundamental rights and dignity of our indigenous brothers and sisters.

These leaders were killed for defending their lands and communities from a system that reduces people to mere commodities. In the region, the habilitación system has become a perverse cycle of modern slavery, where indigenous persons are held captive and forced to work under inhumane conditions. They are forced to provide timber to the group, accumulating endless debt in exchange for foodstuffs, thus perpetuating a system of exploitation and misery.

We firmly condemn this climate of violence that has crept into indigenous Peruvian communities, against those who defend their rights. The disproportionate use of public powers to repress indigenous persons who are only seeking justice and respect of their human rights is inadmissible. These acts of violence, along with racist discourse and hate speech inciting further violence, are totally unacceptable and must end immediately.

It is imperative that this Committee urges the Government to take robust and urgent measures to protect indigenous rights defenders in the Amazon region; to implement effective policies to ensure security and justice for indigenous communities; and to bring judicial processes that guarantee truth, justice and reparation for victims.

Justice cannot be a privilege for a few. It must be a real and accessible right for all. This Committee must not cease its work until justice is done for the murders in Alto Tamaya-Saweto and until our indigenous sisters and brothers can live free from violence and exploitation.

Chairperson – I can see no more requests for the floor, so I have the honour to invite the Government representative, to make his concluding remarks.

Government representative – Many thanks to all the delegates who have participated in recognizing our efforts, and especially to the delegates who have been more critical, because this allows us to provide clarification with regard to certain events which are taking place in my country. When I listened, I felt that I did not recognize the country being described. In truth it is a slightly complicated country where, first of all, some people have more or less said that we show a degree of tolerance towards illegal mining and logging and similar activities.

So I will start with this, by indicating what we are doing in our vigorous efforts to combat illegal mining and logging. In Peru we have declared war on these crimes. In 2023, we carried out 979 operations against illegal mining, environmental pollution and offences against fauna, flora and hydrological resources.

So far in 2024, we have carried out 1,219 operational interventions. To all the delegates who have spoken out, we would like to present the results. We have arrested 1,151 individuals involved in illegal mining and crimes against the environment. We have dismantled four criminal gangs. A total of 622 vehicles for use in illegal mining and crimes against the environment have been seized. A total of 19 boats have been placed under a ban, 19 firearms have been recovered, as well as money, and 37 million board feet of timber have been recovered.

In addition, 1,479 rafts and 3,522 engines intended for illegal mining have been seized, 38 banned mine galleries have been destroyed, 1,250 mining camps have been entered, 180,430 litres of fuel have been seized, 19 chemical products and 89 items of heavy machinery have been banned, and 312 items of heavy machinery have been seized.

I think it is good to report on all of this. Furthermore, in 2023 and 2024, six supreme decrees were issued, declaring a state of emergency in the Tambopata, Inambari, Las Piedras and Laberinto districts of Tambopato province in the Madre de Dios region, with the aim of continuing police operations to combat and neutralize illegal logging and mining and related crimes.

With this information we wish to place explicitly on record that Peru is tackling illegal mining and logging in a head-on confrontation.

I have also listened closely to the claims that my country is promoting some kind of impunity in relation to the Saweto case, basically because the proceedings have taken time. This is a complex case in which the Government, through the Attorney General’s Office and the Public Prosecutor’s Office, which constitute the public prosecution service in my country, has had to take bold steps through strategies based on circumstantial evidence because in my country, as in many countries of the region and worldwide, there is a separation of functions and powers. It is not the Government which secures convictions but the judiciary, which has autonomy under the terms of the National Constitution. In the Peruvian system, prosecution of crimes is the responsibility of the public prosecution service, and proceedings are arduous because there is no direct evidence and it is difficult for both lawyers and prosecutors to prove the crimes.

Fortunately, both the Attorney General’s Office and the Public Prosecutor’s Office, through complex evidence-gathering activity involving indirect or circumstantial evidence, have managed to authoritatively establish responsibility on the part of the perpetrators of the aggravated homicide, and for this the latter have incurred the drastic penalty of 28 years’ imprisonment.

So it is an established fact that enormous efforts have been made to secure this conviction. I am sure that everyone here realizes how difficult it is for our systems to prove crimes of this kind. However, in Peru we have managed to do so, and it is a precedent for my country and for the region, as well as being a precedent for all ILO Member States.

We have also heard comments on new cases, and there has been mention of the case of Quinto Inuma Alvarado. We are bound to point out that in this case the Government has also reacted immediately. Guarantees have been given to protect the life, physical safety and mental well-being of the relatives of the leaders. Psychological support has also been given to the relatives, and they have also received financial assistance.

In the case of Santiago Contoricón Antúnez, the Government is in charge of protecting the relatives, and it has also granted an orphan’s scholarship for his daughter, Yesenia Contoricón. Personal guarantees have also been given to the relatives and they have also been incorporated into the Juntos programme, which provides financial assistance for persons in situations of vulnerability.

Mr Chair, Ladies and Gentlemen, these are concrete actions.

Reference has also been made to prior consultations. I appreciate and am grateful for the fact that virtually a majority have recognized that in Peru prior consultation is institutionalized.

In Peru, indigenous and native peoples’ right to prior consultation was incorporated into the Peruvian legal system with the entry into force of the Convention, which, in my country, in accordance with article 55 of the National Constitution, has constitutional rank, in other words, the highest legal status. In addition, our system also adopted the Prior Consultation Act, for which implementing regulations were adopted by Supreme Decree No. 01-2012.

The Government has also been promoting dialogue mechanisms provided for in the Prior Consultation Act and 141 technical assistance actions have been implemented for 865 officials. What is happening in my country no doubt happens in any country: at times legislation is adopted but officials have to be put in place. This is what we have done, at the national, regional and local government levels, so that they can be fully involved in implementation.

Moreover, training has been given to 1,524 indigenous persons with the participation of five ministries. This is a multi-sectoral action involving three public agencies and four regional governments.

In addition, a capacity-building programme has been carried out for 931 public officials, 1,118 indigenous inhabitants and another 1,057 persons.

Moreover, 11 training courses have been held for 3,890 persons on the right to prior consultation and the consultation process.

We think that there may still be gaps to be filled. We think that there is still much more to do. In fact we will be grateful to receive technical assistance from the ILO so that we can learn other good practices. We will also be pleased to look at the good practices of the delegates who have made statements today so that we can also implement these practices in my country.

I have also noted from some Employers, regarding prior consultation, that this has often ended up being an obstacle to investment. They maintain, and in Peru they always maintain, that the best way to combat poverty and extreme poverty, which sometimes also occurs in native communities, is through investment so that there is access to education and food, and in this way it will be possible to emerge from the state of poverty or extreme poverty.

These are subjects which we also have to look at in my country, and certainly in all countries of the region.

With regard to the titling of lands traditionally occupied by indigenous peoples, there has not been a great deal of comment. However, we would like to point out that, in full application of Act No. 29785, there are 55 indigenous and native peoples who have a traditional presence, spread across 9,211 localities (5,135 campesino (peasant farming) communities, 2,303 native communities and 1,708 communities in the process of being identified. Of this number, 4,327 (49 per cent) are georeferenced, 7,455 (81 per cent) are recognized and 5,825 (63 per cent) have received titling. This covers a total of 2,880,552 persons, which is a significant proportion of the population.

In this context, the Government, through the Ministry of Culture, has provided support to guarantee collective rights to land and territory to 49 native and campesino communities belonging to various departments, as follows: 22 in San Martín, 9 in Ayacucho, 5 in Huánuco, 3 in Ucayali, 4 in Loreto, 3 in Pasco, 1 in Amazonas, 1 in Madre de Dios and 1 in Cusco.

In my country there is probably still much to be done and there are still significant gaps to bridge, but what is beyond doubt is that in this Government we are making an enormous effort to close these gaps. Of course we will best achieve this with support from the ILO, which will certainly provide us with the best practices of the countries in the region or other parts of the world and we will be very grateful to receive this.

Employer members – The Employer members would like to thank the various speakers who have taken the floor and in particular the Government for its statements and the information it has provided.

In our final remarks, we would like to underline the importance of the Convention as an instrument for promoting social dialogue, good governance and the necessary institutionality for fostering confidence, peace, and agreements with the indigenous peoples.

We would also like to clarify that, in accordance with Article 13 of the Convention, with respect to mining and quarrying, prior consultation applies to the administrative acts that authorize the start of exploration or exploitation of natural resources. Hence environmental certification or other administrative, additional or preparatory measures do not need to be the subject of consultation.

We take note of all the initiatives presented by the Government and the progress made during the last two years. However, in order to make progress on the application of the Convention, we think that greater efforts are needed at national level.

Therefore, in line with the recommendations of the Committee of Experts, the Employer members wish to request the Government to:

• (1) ensure that the resources and technical capacity are provided to ensure the operation of the mechanism for the protection of indigenous leaders who are human rights defenders;
• (2) take urgent steps to prevent, investigate and punish acts of violence against the indigenous population;
• (3) on the basis that the Convention requires good faith in consultations, we ask the Government to take immediate action to ensure effective consultation processes when indigenous peoples decide not to participate; and
• (4) we reiterate a request from the employers in the region to have a specialist on the Convention and, in this regard, we urge the Government to request technical assistance from the ILO to design a road map to enable it to make progress on compliance with the Convention.

Worker members – We thank the Minister for the information he has provided. Despite this, the serious violations of the rights of indigenous peoples and the constant threats and persecution to which they are exposed in Peru are a source of grave concern. At least 33 indigenous leaders have been murdered in the last ten years.

We deplore the lack of commitment on the part of the Government to providing appropriate protection for indigenous leaders and human rights defenders, which leaves them exposed to death threats and at risk of being assaulted or murdered.

We note with satisfaction that the Employer spokesperson is equally emphatic in expressing rejection of the above.

The Government cannot carry on ignoring the situation. Robust measures must be taken immediately to stop the endemic violence against the indigenous peoples and their defenders and end the deep-rooted impunity and climate of fear.

We have heard countless data from the Government on arrests but we would also like to know how many persons have actually been convicted. Unfortunately this has not been mentioned, as far as we are aware.

We also underline the need for the Government to establish adequate procedures for consultation and participation to ensure that the rights, cultures and means of subsistence of the indigenous peoples are fully respected and safeguarded.

As the Committee of Experts has stated, a climate of violence and impunity constitutes a serious obstacle to the exercise of the rights of indigenous peoples as enshrined in the Convention.

For this reason, we urge the Government to:

• (1) protect the life, physical safety and psychological well-being of the relatives of all murdered indigenous leaders, including the relatives of the victims in Alto Tamaya-Saweto;
• (2) make available all necessary resources to ensure that all instigators and perpetrators of these murders of members of indigenous people are prosecuted and punished once and for all;
• (3) ensure that the protocol on prosecution action for the prevention and investigation of crimes against human rights defenders is provided with material, human and economic resources so that it can be applied not only in a reactive manner but also, in particular, in a preventive manner;
• (4) strengthen the mechanisms for protection of human rights defenders in terms of budget and intercultural adaptation;
• (5) carry out all necessary investigations and actions in relation to the reports of illegal logging and cases of forced labour under the habilitación system in the department of Ucayali;
• (6) guarantee the right of indigenous peoples to free and informed prior consultation;
• (7) take all necessary steps to move forward in the processes of identification, demarcation and regularization of lands traditionally occupied by the peoples covered by the Convention in the various regions of the country; and
• (8) amend the domestic legislation of Peru so that the indigenous peoples are granted ownership of their lands and not transfer of use, through the formalization programmes being implemented in the country.

Lastly, we invite the Government to accept an ILO direct contacts mission.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with deep concern the persistence of acts of violence and attempts against the life of indigenous persons when defending their rights as well as the situation of impunity that this phenomenon generates.

Taking into account the discussion, the Committee urged the Government to:

• undertake expeditious investigations into the allegations of violence and incitement to violence and ensure that the perpetrators and instigators of the murders of indigenous leaders in Alto Tamaya-Saweto are prosecuted and punished as a matter of utmost urgency;
• take all necessary measures to protect the life, physical safety and psychological well-being of the members of the families of the murdered indigenous leaders without delay;
• take, without delay, effective measures to prevent violence against indigenous persons and their defenders;
• take steps, in consultation with the most representative employers’ and workers’ organizations, to identify and address difficulties in the implementation of consultation processes with indigenous peoples, including in relation to the mining sector;
• provide information to the Committee of Experts on:
  • measures taken to identify, demarcate and regularize the lands traditionally occupied by the peoples covered by the Convention in the various regions of the country;
  • progress on the investigations into the complaints concerning illegal logging and the cases of forced labour linked to the habilitación system in the department of Ucayali;
  • the activities of the Standing Multisectoral Committee for the Application of the Right to Consultation, explaining the manner in which the aforementioned Committee follows up on agreements and takes action in cases of non-compliance with agreements concluded in the consultation processes;
  • how provision is made to secure the cooperation of the indigenous peoples in assessing the social, spiritual, cultural and environmental impact of mining exploration or exploitation projects which may affect their rights;
  • the criteria used by the Ministry of Energy and Mining to determine which indigenous peoples must be consulted with regard to a project; and
  • the measures taken to inform indigenous peoples regarding the importance of consultation and to promote their participation in these processes.

The Committee urged the Government to avail itself of ILO technical assistance with a view to implementing the above recommendations and giving full implementation to the Convention and to submit a detailed report to the Committee of Experts by 1 September 2024.

Government representative – I would like to convey the greetings of the Minister of Labour and Employment Promotion of Peru, who is unable to accompany us at this sitting because of a previous appointment. On behalf of the Government of Peru, we thank the Conference Committee for the recommendations made today and we reiterate Peru’s commitment to continue making progress in the application of the principles and provisions of the Convention. We express our willingness to draw up a work agenda with ILO technical assistance, which will certainly help us to continue with the successful application of the Convention.