Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations sent by the National Confederation of Private Business’ Institutions (CONFIEP), received on 29 August 2024. It also notes the observations of the International Organisation of Employers (IOE), received on 31 August 2024, indicating that it is hoped that progress will be made in the application of the Convention in line with the conclusions of the Committee on the Application of Standards (CAS) and in close consultation with the most representative employers’ organization of Peru. The Committee also notes the joint observations sent by the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT-Perú) and the Autonomous Workers’ Confederation of Peru (CATP) – which include information provided by the National Organization of Indigenous Women of the Peruvian Andes and Amazon Region – received on 31 August 2024; the additional observations sent by the CATP, received on 1 September 2024; and the observations of the International Trade Union Confederation (ITUC), received on 17 September 2024.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee) in June 2024 on the application of the Convention, and also the conclusions adopted in this regard.

Article 3 of the Convention. Human rights and fundamental rights. 1. Judicial proceedings with respect to the murders of indigenous leaders in Alto Tamaya–Saweto. With regard to the murders of four indigenous leaders of the Asháninka indigenous community in Alto Tamaya-Saweto (department of Ucayali) which occurred in September 2014, the Committee notes that the Conference Committee asked the Government to ensure that the perpetrators and instigators of the murders are prosecuted and punished as a matter of utmost urgency. The Conference Committee also asked the Government to take all necessary measures without delay to protect the lives, physical safety and psychological well-being of the members of the families of the murdered indigenous leaders.

The Committee notes the Government’s indication in its report that on 11 April 2024 the Collegiate Criminal Court within the High Court of Ucayali sentenced four individuals accused of the murders of the four indigenous leaders to 28 years and 3 months’ imprisonment. However, the Government indicates that the accused appealed against this ruling, and at present the court judgment on the appeal is pending.

In this regard, the Committee notes the CATP’s indication in its observations that one of the accused has still not been convicted and that the individuals convicted in the ruling of April 2024 are still at liberty. The CATP also indicates that only one of the widows and one of the orphaned children of the murdered leaders have received financial assistance from the Government. The ITUC points out that the threats against the families of the murder victims have not stopped and that the chief spokesperson for the families was the victim of reprisals in Pucallpa.

The Committee also notes the Government’s adoption of the “Saweto Action Plan” in June 2024. The main objective of the Plan is to address the social issues related to the basic needs of the inhabitants of the native community of Saweto on the basis of better coordination between the various levels of Government. The actions set out in the Plan include: (i) ensuring a police presence to create a climate of security in the community; (ii) providing ongoing legal aid for the members of the murder victims’ families for the duration of the appeal court proceedings; (iii) facilitating the provision of financial assistance for the orphaned children of the murdered rights defenders; (iv) establishing ongoing channels of communication between the “Intersectoral mechanism for the protection of human rights defenders” and the indigenous community of Saweto with regard to reporting situations of risk; and (v) improving the infrastructure of the community and its education system. The Committee observes that the CATP, CGTP and CUT-Perú all indicate that the Saweto Action Plan lacks inter-institutional coordination and does not set goals with objective and measurable outcomes.

While noting the Government’s efforts to tackle the situation of insecurity and poverty of the members of the families of the murdered indigenous leaders of Saweto, the Committee once again deeply deplores that the suspected perpetrators of the murders are still at liberty, ten years after the murders were committed, despite having been convicted by the court of first instance, and that the threats against the families are continuing.

The Committee underlines the fact that justice delayed amounts to justice denied and that this creates a climate of impunity which affects the full exercise of the rights of indigenous peoples. The Committee therefore strongly urges the Government to intensify its efforts to ensure that all the perpetrators of the murders of the four leaders of the Alto Tamaya-Saweto community in 2014 are finally convicted under a definitive ruling and are punished. The Committee also requests the Government to take steps without delay to protect the physical safety and psychological well-being of the members of the victims’ families who are receiving threats. The Committee also trusts that the necessary steps will be taken to ensure the implementation of the actions set out in the Saweto Action Plan and requests the Government to provide information on the results achieved.

2. Protection of indigenous human rights defenders. The Committee notes that the Conference Committee asked the Government to take effective measures without delay to prevent violence against indigenous rights defenders, and to provide information on investigations into the complaints concerning illegal logging in the department of Ucayali.

In this regard, the Committee notes that the Government provides information on multiple in situ procedures carried out by the prosecution service in various departments of the country to gather evidence with respect to the allegations of violence and intimidation against members of indigenous communities. In the context of these procedures, in 2024 the prosecution service visited, among others, the Tres Islas, Masenawa, Palma Real and “23 de septiembre” native communities of the Asháninka indigenous people in the department of Madre de Dios to investigate cases of threats and attempted murder targeting indigenous leaders in the face of illegal mining and the illicit cultivation of coca leaves. Moreover, the police conducted preventive operations to address threats against indigenous leaders belonging to native communities in the central rainforest region. The Committee also notes the Government’s indication that between 2023 and the first four months of 2024 more than 1,200 operations were conducted against illegal mining. As a result, 1,336 mining camps and six processing plants were destroyed. In this connection, a working group was set up comprising 15 state institutions for the purpose of updating the national strategy to prohibit illegal mining.

The Government also states that a project has been established to reinforce the intersectoral mechanism for the protection of human rights defenders. The goal of the project is to: (i) improve the effective protection of human rights defenders; (ii) reinforce prevention and protection, through an early warning information system and analysis of risk situations; (iii) institutionalize regional committees of the intersectoral mechanism; and (iv) boost the handling of prevention and protection cases by incorporating a gender dimension. Capacity-building for indigenous organizations is also planned to enable them to manage, prevent or reduce the negative impact of the risks that they are facing directly. The Committee also notes that, with regard to the murder of the indigenous leader Quinto Inuma Alvarado, the judiciary ordered pretrial custody for four of the murder suspects, including one suspected instigator.

Furthermore, the Committee notes the information provided by the ITUC relating to the murder in Peruvian Amazon region in April 2024 of the park ranger Victorio Dariquebe, a member of the Harakbut people, who reportedly received threats because of his actions in defence of his community from mafias associated with illegal logging. At the time of the murder, his son was pursued, beaten and tortured by the assailants. The Government indicates that, in response to this murder, the National Police of Peru established six mixed temporary bases with 50 officers and police bases with 60 officers in the Madre de Dios region. The Committee notes that the CGTP, CUT-Perú and CATP, in their joint observations, report the murder in 2024 of the Kakataibo indigenous leader Mariano Isacama, who reportedly took part in the defence of the territories of his community against the illegal exploitation of natural resources.

The CATP also indicates that the protocol on prosecution action to prevent and investigate crimes against human rights defenders is non-functional because of a lack of resources, that it does not have the necessary lines of action for the implementation of protection measures based on coordination among the component entities, and that it does not provide for measures to care for the dependants of threatened rights defenders.

The Committee recognizes the efforts made by the Government to increase the presence of the prosecution service in indigenous communities in departments in the centre of the country and the Amazon region, and to strengthen measures for the protection of indigenous defenders who confront illicit activities such as illegal logging and illegal mining. However, the Committee notes with deep concern the persistence of the climate of violence, including murders of indigenous defenders and threats against them and their family members for confronting these illicit activities on their lands. The Committee considers that as long as the illegal exploitation of natural resources within their territories continues, the indigenous peoples and their defenders will remain in constant danger of suffering serious acts of violence and intimidation, which in some cases culminate in murder. The Committee strongly urges the Government to continue strengthening the institutions responsible for combating this phenomenon. The Committee also strongly urges the Government to continue taking all the urgent measures that are necessary to protect the physical safety and psychological well-being of indigenous rights defenders who confront illicit activities and also of their families, including through the intersectoral mechanism for the protection of human rights defenders. In this regard, the Committee requests the Government to provide information on progress made regarding the institutionalization of regional committees for the protection of human rights defenders belonging to indigenous communities, coordination of the different entities involved in the mechanism, reinforcement of early warning systems, and capacity-building for indigenous organizations to enable them to manage, prevent or reduce the impact of the risks that they face because of reporting illegal activities. The Committee also requests the Government to provide information on the resources made available for conducting investigations into the recent murders of indigenous defenders that occurred in 2024 and for prosecuting the perpetrators.

Articles 6 and 15(2). Consultations in the mining sector. The Committee notes that the Conference Committee, in its conclusions, asked the Government to take the necessary steps to identify and address difficulties in the implementation of procedures for the consultation of indigenous peoples, including in relation to the mining sector. In this regard, the Committee notes the Government’s indication that the standing multisectoral committee on implementation of the right to prior consultation (a forum comprising 26 representatives of the State, from the national, local and regional levels, plus seven indigenous organizations) is devising an instrument for evaluating the quality of consultation agreements.

As regards the implementation of consultation processes in the mining sector and the identification of subjects requiring consultation, the Government indicates that the Ministry of Energy and Mining has a multidisciplinary team for identifying indigenous peoples who may be affected and hence should be consulted. This identification process entails the holding of interviews, setting up of focal groups, visits to the community and a bibliographic review. With the information compiled, an initial report is drawn up on the presence of indigenous or native peoples, setting out the four identification criteria: historical continuity; territorial links; distinctive institutions; and self-identification. If there are indigenous peoples in the geographical area covered by the administrative measures who self-identify, an impact assessment is carried out. The Government also indicates that up to June 2024 a total of 90 prior consultation processes had been carried out for projects relating to infrastructure, electricity generation, protected natural areas, mining, oil and gas extraction, and cultural heritage.

CONFIEP indicates in its observations that although the Government has methodological guides for identifying subjects requiring consultation, there is less clarity about the process for identifying the impact on collective rights. CONFIEP also observes that within the team responsible for devising instruments to measure compliance with agreements, the Ministry of Energy and Mining is not considered, despite being the entity which conducts the most consultation processes. The CGTP, CUT-Perú and CATP, for their part, maintain that in order to improve the consultation process there is a need to address aspects such as good faith, limitations on representativeness, quality of information, accessibility, transparency and cultural adaptation.

The Committee encourages the Government to continue taking the necessary steps to make further improvements to the functioning of prior consultation processes, in coordination with all the government entities involved, and in particular with regard to quality of information, impact assessment methods, and adaptation of consultation mechanisms to the cultural reality of indigenous communities. The Committee also requests the Government to continue providing information on any evaluation made of the current consultation process, including in the context of the standing multisectoral committee on implementation of the right to prior consultation.

Article 14. Lands. With regard to measures for the identification, demarcation and titling of the lands occupied by the peoples covered by the Convention, the Committee notes the Government’s indication that, within the standing multisectoral committee responsible for proposing, following up and monitoring the implementation of strategic measures and actions for the comprehensive development of indigenous and native peoples, work is being done on a proposal for regulations to establish an administrative procedure to facilitate the demarcation of territory. The Government also indicates that the Directorate-General for the Regularization of Agricultural Property and Rural Land Registration has a budget allocation for updating the registration service of 251 native communities in the departments of Junín, Cusco, Huánuco, Pasco, Madre de Dios and Ucayali. According to the statistical information up to May 2023 provided by the Government, out of 2,297 recognized native communities, 692 are still waiting to receive titles for their ancestral lands.

The Committee also notes that the CGTP, CUT-Perú and CATP refer in their observations to the adoption in January 2024 of the Act amending the Forest and Wildlife Act (No. 29763) and adopting supplementary provisions aimed at promoting forest zoning. The above-mentioned trade unions claim that the new Act establishes amendments which promote deforestation on indigenous peoples’ traditional lands by eliminating the prior assessment procedure for the authorization of timber extraction. In this regard, the Committee observes that although the second supplementary provision of the above-mentioned Act provides that licences will not be granted for forest and wildlife exploitation activities in areas where the recognition, titling or extension of campesino (peasant farming) and native communities is under way, or in areas where the recognition of peoples in voluntary isolation is under way, this exception does not appear to be applicable to peoples whose land ownership has not yet been identified or is not the subject of a recognition or titling process.

The Committee trusts that the measures taken by the Government will serve to guarantee the protection of the lands traditionally occupied by the peoples covered by the Convention, and requests the Government to continue providing detailed information on progress achieved on the demarcation and titling processes. The Committee also requests the Government to provide clarification regarding the implications of the Act amending the Forest and Wildlife Act (No. 29763), adopted in 2024, for indigenous peoples and communities who live in areas containing forests and whose lands have not yet been identified or recognized.

Article 20(3)(c). Protection against all forms of bonded labour and debt bondage. The Committee notes that the Conference Committee asked the Government to provide information on the progress of investigations into the complaints concerning illegal logging and cases of forced labour linked to the habilitación system in the department of Ucayali. The Committee is examining the information provided by the Government on this matter in the context of its comments on the application of the Forced Labour Convention, 1930 (No. 29).

The Committee is raising other matters in a request addressed directly to the Government.