Committee on the Elimination of Racial Discrimination

85th session

11–29 August 2014

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined eighteenth to twenty-first periodic reports of Peru (CERD/C/PER/18-21)

Note by the Country Rapporteur

At its seventy-sixth session the Committee on the Elimination of Racial Discrimination decided (A/65/18, para. 85) that the Country Rapporteur would send a short list of themes to the State party concerned with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. This document contains a list of such themes. This is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

1.The legal, institutional and public policy framework for combating racial discrimination (arts. 2, 4, 6 and 7)

(a)Information on the coordination and distribution of functions among the various institutions working to combat racial discrimination, including the Office of the Deputy Minister for Intercultural Affairs in the Ministry of Culture (CERD/C/PER/18-21, para. 6), the Directorate of Afro-Peruvian Policies, the Directorate of Indigenous Policies, the Directorate for Cultural Diversity and the Elimination of Racial Discrimination and the National Anti-Discrimination Commission;

(b)The dissemination and impact of the Ministry of Culture’s “Warning against Racism” platform;

(c)Participation of the Afro-Peruvian population in the drafting and implementation of the national development plan for the Afro-Peruvian population (CERD/C/PER/18-21, para. 58);

(d)Information on the Indigenous Peoples’ Development Fund (CERD/C/PER/18-21, para. 75);

(e)Measures adopted to ensure that the free and informed prior consent of indigenous peoples is obtained (CERD/C/PER/CO/14-17, para. 14 and CERD/C/PER/18‑21, paras. 64 to 68), specifically in the cases of the Achuar, Awajun and Wampis and the indigenous peoples of the Urania District in the Province of Loreto.

2.Situation of indigenous and Afro-Peruvian peoples and communities (arts. 1 to 7)

(a)Official database on indigenous or aboriginal peoples and the criteria used to identify them (CERD/C/PER/18-21, paras. 36 to 38);

(b)Policies and programmes that specifically address the needs of Afro-Peruvians (CERD/C/PER/CO/14-17, para. 17);

(c)Measures to guarantee access to health services for indigenous peoples and Afro-Peruvians and the results of the implementation and follow-up of the 2010–2012 general plan of the National Health Strategy for Indigenous Peoples of the National Centre for Intercultural Health (CERD/C/PER/18-21, para. 178);

(d)Steps taken to combat the high illiteracy rate in indigenous and Afro-Peruvian communities (CERD/C/PER/CO/14-17, para. 18);

(e)Measures to expand the intercultural bilingual education system (CERD/C/PER/18-21, para. 188);

(f)Access to the labour market for indigenous peoples and their working conditions, particularly in Atalaya and the regions of Madre de Dios and Ucayali (A/HRC/18/30/Add.2, para. 34);

(g)Steps taken to ensure the survival of indigenous peoples living in voluntary isolation in the Kugapakori-Nahua-Nanti reserve as the Camisea gas project moves forward (A/HRC/27/52/Add.3, para. 65).

3.Situation of indigenous and Afro-Peruvian women (arts. 2 and 5)

Measures adopted to combat the double discrimination experienced by indigenous and Afro-Peruvian women and girls in such spheres as access to justice, education, health services, natural resources and community services.

4.The justice system and measures for combating racial discrimination (arts. 5 and 6)

(a)Steps taken to safeguard the right of members of the indigenous population to a fair trial, which includes the right to have access to interpreters and legal assistance;

(b)Information on bill No. 313/2011-PJ on the intercultural coordination and harmonization of the justice system;

(c)Further information on proceedings, penalties and reparations in cases of racial discrimination (CERD/C/PER/CO/14-17, para. 24; CERD/C/PER/18-21, para. 238);

(d)Information on the status of various bills concerning discrimination and racism, such as bills No. 609/2011-CR, No. 1687/2012-CR and No. 1599/2012-CR.