UNITED

NATIONS

CRC

Convention on the Rights of the Child

Distr.

GENERAL

CRC/C/PER/Q/3/Add.1

6 December 2005

ENGLISH

Original: SPANISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-first session

9-27 January 2006

WRITTEN REPLIES BY THE GOVERNMENT OF PERU CONCERNING THE LIST OF ISSUES (CRC/C/Q/PER/3) FORMULATED BY THE COMMITTEE ON THE RIGHTS OF THE CHILD IN CONNECTION WITH ITS CONSIDERATION

OF THE THIRD PERIODIC REPORT OF PERU (CRC/C/125/Add.6)

[Received on 2 December 2005]

GE.05-45444 (EXT)

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

REPLIES TO THE LIST OF ISSUES TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE THIRD PERIODIC REPORT OF PERU (CRC/C/125/Add.6)

Part I

A. DATA AND STATISTICS

1. Please provide disaggregated data (by gender, age, minority and indigenous groups, urban and rural areas) covering the years 2002, 2003 and 2004 on the number and proportion of children under 18 living in the State party).

TABLE 1

Peru: Estimates of the population aged under 18, by age group, sex and geographical area

Year

Total population

Proportional structure of population <18

Proportional structure of population <18

%

Male

Female

0-6

6-11

11-17

Urban Rural

Urban Rural

2002

26 748 972

10 647 718

40%

51%

49%

34%

34%

32%

66%

34%

2003

27 148 101

10 679 999

39%

51%

49%

34%

34%

32%

66%

34%

2004

27 546 574

10 705 043

39%

51%

49%

34%

34%

32%

67%

33%

2005

27 946 774

10 722 414

38%

51%

49%

34%

34%

33%

67%

33%

Source: INEI estimates.

Preparation: DINNA-MIMDES.

According to the calculations of the National Institute for Statistics and Information (INEI), in 2002 the country’s population totalled 26,748,972. The under-18 age group accounted for 40 per cent of the total population (10,647,718 persons in absolute terms), of which 51 per cent were male and 49 per cent female, with 66 per cent living in urban and 34 per cent in rural areas.

In 2003 the country’s population totalled 27,148,101. The under-18 age group accounted for 39 per cent of the total population (10,679,999 children in absolute terms), of which 51 per cent were male and 49 per cent female, with 66 per cent living in urban and 34 per cent in rural areas.

In 2004 the country’s population totalled 27,546,574. The under-18 age group accounted for 39 per cent of this population (10,722,043 persons in absolute terms), of which 51 per cent were male and 49 per cent female, with 67 per cent living in urban and 33 per cent in rural areas.

By 2005, according to INEI, the country’s total population had reached 27,546,774. The under-18 age group accounted for 38 per cent of the total population (10,722,414 persons in absolute terms), of which 51 per cent were male and 49 per cent female, with 67 per cent living in urban and 33 per cent in rural areas.

2. In the light of article 4 of the Convention, please provide additional disaggregated data for 2003-2005 on budget allocations and trends (in percentages of the national budget or GDP) regarding the implementation of the Convention, including information on allocation to local authorities, and evaluating also the priorities for budgetary expenditures given to the following:

(a) Education (different types of education, i.e. pre-primary, primary and secondary education, vocational training);

TABLE 2

Peru: Expenditure on children’s education by programme a

Millions of new 1994 soles

Programme

2000

2001

2002

2003

2004

2005 *

School buildings

31.3

32.9

47.1

37.7

43.1

39.1

Special education

28.7

29.8

33.3

34.8

45.7

35.8

Pre-primary

292.0

273.2

326.7

344.8

341.2

309.3

Primary

1 274.3

1 179.9

1 295.3

1 359.9

1 483.4

1 371.0

Secondary

912.7

950.1

1 058.6

1 136.7

1 270.0

1 267.0

Education packages

0.04

0.05

Expenditure on children’s education

2 538.9

2 465.9

2 761.0

2 913.9

3 183.3

3 022.2

Total expenditure b

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

GDP

120 881

121 104

127 086

132 119

138 474

144 705

Expenditure on children’s education as % of total

13.6

11.1

12.2

11.2

12.7

11.9

Expenditure on children’s education as % of GDP

2.1

2.0

2.2

2.2

2.3

2.1

* Budgeted amount.

a For 2004 and 2005 only the national and regional governments are taken into account.

b See annex 1 (public expenditure table).

Source: Ismael Muñoz Portugal, Infancia Deuda y Presupuesto: Gasto Público en Educación, Salud y Nutrición de Niñas, Niños y Adolescentes 2000-2005.

In the period under consideration (2000-2005) public expenditure on children’s education increased by 19 per cent as a cumulative change, whereas it fell by 12.5 per cent as a percentage of total expenditure.

Public expenditure on children’s education maintained a direct relationship to GDP growth in absolute terms in the period 2001-2004.

(b) Childcare services, including day centres;

TABLE 3

Peru: Expenditure on integrated care of infants

Millions of new soles

Programme

2003

2004

2005

PNWW

36.1

39.0

49.3

Total expenditure a

25 905.3

24 998.0

25 500.4

GDP

132 119

138 474

144 705

Expenditure on integrated care of infants as % of total

0.14

0.15

0.19

Expenditure on integrated care of infants as % of GDP

0.03

0.03

0.03

a See annex 1 (public expenditure table).

Source: MIMDES-PNWW.

The National Wawa Wasi Programme (PNWW) currently cares for 47,000 children aged under three years in the country’s 25 departments.

The cumulative investment in the period 2003-2005 was 124.4 million new soles.

The budgetary trend in the period under consideration showed a significant increase, reaching 36.5 per cent in 2003, with a consequent increase in the coverage, from 36,381 children in 2003 to an estimated 50,000 at the end of 2005.

In terms of the national budget, the PNWW represented 0.19 per cent of public spending.

GRAPH 1

Peru: Expenditure on integrated care under the PNWW

Millions of new soles

Source: PNWW.

Preparation: PNWW.

The PNWW implemented a grass-roots management strategy to promote community participation in the management of the resources transferred to the country’s poor communities for the integrated care of under-threes (food, preventive health care, educational support, and care in a safe environment).

These transfers, added to the cost of building up the capacity to manage and to control the quality of the services for children, amounted to 88.5 per cent of total budget implementation in 2005.xxx

GRAPH 2

Peru: Investment in integrated care services under the PNWW

Millions of new soles

Source: PNWW.

Preparation: PNWW.

(c) Health care (different types of health services, i.e. primary health care, vaccination programmes, adolescent health care and other health-care services for children);

TABLE 4

Peru: Expenditure on children’s health a

Millions of new 1994 soles

Heading

2000

2001

2002

2003

2004

2005*

Ministry of Health

124.3

109.0

59.0

36.7

63.9

58.3

National Health Institute

6.3

6.6

5.9

7.1

5.1

5.4

Comprehensive Health Insurance Agency

-

-

27.9

105.6

161.4

138.1

Expenditure on children’s health

130.7

115.6

92.8

149.4

230.4

201.8

Total expenditure b

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

GDP

120 881.0

121 104.0

127 086.0

132 119.0

138 474.0

144 705.3

Expenditure on children’s health as % of total

0.70

0.52

0.41

0.58

0.92

0.79

Expenditure on children’s health as % of GDP

0.11

0.11

0.10

0.11

0.16

0.14

Source: Ismael Nuñoz Portugal, op. cit., and SIAF.

* Budgeted amount.

a For 2004 and 2005 only the national and regional governments are taken into account.

b See annex 1 (public expenditure table).

Public spending on health as a proportion of total public spending was lower in 2002 than in 2000 and 2001. Since 2002 the trend has been upwards following the establishment of the Comprehensive Health Insurance Agency (SIS), which has been expanding steadily since then.

(d) Programmes and services for children with disabilities;

There are problems with the organization of the information on this topic.

(e) Support programmes for families;

TABLE 5

Peru: Estimated expenditure on family support

Millions of new 1994 soles

Heading/Activity

2000

2001

2002

2003

2004

2005 *

Allin Tayta programme a

0.28

0.41

0.19

0.24

0.17

-

Coordination of family policies

-

-

-

-

-

0.06

Transfers Programme

-

-

-

-

-

2.27

Family development unit b

14.39

15.51

14.21

14.94

14.22

12.3

Expenditure on family support

14.67

15.92

14.4

15.18

14.39

14.63

Total expenditure c

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

GDP

120 881.0

121 104.0

127 086.0

132 119.0

138 474.0

144 705.3

Expenditure on family support as% of total

0.08

0.07

0.06

0.06

0.06

0.06

Expenditure on family support as% of GDP

0.01

0.01

0.01

0.01

0.01

0.01

Source: SIAF.

* Amount disbursed as of October.

aDesigned to encourage the involvement of Andean fathers in their children’s upbringing.

bOf INABIF: This is intended to strengthen the family unit as the fundamental nucleus of society and of the integrated development of its members by means of social-training activities to promote healthy family relations and communication and democracy in the family.

cSee annex 1 (public expenditure table).

Estimated expenditure on the family is being maintained in relation to total public expenditure and GDP. In 2005 the State launched the Transfers Programme on support for the family.

(f) Support for children living below the poverty line (please also specify the criteria for “poverty” and indicate the number of children living below the poverty line);

Definition of poverty under the National Plan to Overcome Poverty

Annex 2 of Supreme Decree No. 064-2004-PCM defines poverty as “a situation in which persons have reduced possibilities in their lives to develop in keeping with their human potential and vocation and in general to develop in ways regarded as valuable by society and by individuals. In other words, poverty is a situation of restricted freedom”.

This freedom has various dimensions, including the following:

A person’s physical and mental constitution and basic training;

Access to options of consumption and personal development attained by means of income and individual and collective economic activities;

Freedom from discrimination, insecurity and injustice;

Opportunities for participation.

The Plan mentioned above also states that poverty is expressed through four basic dimensions:

Precarious family incomes below the poverty line which obstruct regular access to basic goods and services;

Poor basic living conditions exposing persons to malnutrition, disabilities and emotional insecurity which impair their self-esteem and personal development;

Reduced opportunities for appropriate development owing to gender, regional, ethnic and generational discrimination, insecurity caused by violence, etc;

Exclusion from individual and collective participation in the discussion and formulation of plans, budgets, institutional reforms, etc.

Among the many causes of poverty, the Plan considers the following to be the most immediate:

The precariousness of the State, which is unable to guarantee effectively either the quantity or the quality of basic health and education services;

The unfair relationships in the structure of the economy, both between capital and labour and in the distribution of the national income;

The poor level of productivity and competitiveness of the national economy, which is reflected in the low profitability and low economic value of owned assets;

Social and cultural discrimination.

Number of children living below the poverty line

In 2002 extremely poor people accounted for 23.9 per cent of the country’s total population. The under-18 population totalled 10,647,718, of which 32.2 per cent were living in extreme poverty and 65.5 per cent were classified as poor .

In 2003 the under-18 population totalled 10,679,999, of which 28.6 per cent were living in extreme poverty and 63.6 per cent were classified as poor, as shown in Table 6 below.

TABLE 6

Peru: Under-18 population by poverty status, 2003-2004 a

Poverty status

Percentage

Poor

63.6%

Extreme poverty

28.6%

Non-extreme poverty

35.0%

Not poor

36.4%

Source: INEI-DTDIS.

a The working period April 2003 to March 2004.

State support for children living below the poverty line

The following examples may be cited:

Integrated care for children aged six months to three years (PNWW)

In order to measure poverty levels among the target population and reaffirm the relevance of the PNWW, two methods of measuring the socio-economic status of the beneficiary families were incorporated in the monitoring and evaluation software: the socio-economic structure method, which uses basic unsatisfied needs; and the expenditure or poverty-line method. This produced an integrated method for use by the PNWW.

The poverty-line method takes account of the number of members of the household and each member’s monthly outlay on food; this is then crossed with the poverty lines used by INEI (S/.194.46 for poverty and S/.110.84 for extreme poverty, as national averages).

This method is used to classify the population into four groups: the chronic poor, consisting of persons with limited opportunities of satisfying their basic needs and with low levels of income and consumption; the recent poor, consisting of persons whose basic needs are satisfied but whose incomes or expenditure are below the poverty line; the incompetent poor, who have no income or expenditure problems but have at least one unsatisfied basic need; and, finally, socially integrated persons, who have no problems of unsatisfied basic needs or of income or expenditure.

The use of this integrated method (Kafman, 2000) produced the following analysis:

TABLE 7

Measurement of the poverty level of the population reached by the PNWW

Year

Not poor

Poor

Socially integrated

Incompetent poor

Recent poor

Chronic poor

2000

0.19%

0.77%

15.45%

83.59%

2001

0.41%

1.25%

19.61%

78.73%

2002

0.47%

1.37%

22.79%

75.37%

2003

0.41%

0.85%

20.84%

77.9%

2004

0.37%

0.67%

20.93%

78.04%

2005

0.22%

0.52%

18.36%

80.89%

Source: MIMDES-PNWW. Preparation: PNWW.

A glance at figures for the PNWW target population shows that some 99.65 per cent of the children are below the poverty line and that roughly 79 per cent of them suffer chronic poverty in their homes. These figures are based on the situation on the date of registration of the families under the PNWW; 35,629 new families joined the Programme in 2005.

Food security: National Food Aid Programme (PRONAA)

TABLE 8

Focus of PRONAA

Expenditure on under-18 beneficiaries, by poverty quintile

Year/Programme

Quintile 1

Quintile 2

Quintile 3

Quintile 4

Quintile 5

2003

School lunches

Beneficiaries

213 115

178 554

62 136

23 839

24 706

Soles (millions)

8.4

7.5

3.1

1.4

1.4

CEIS and PRONOEIS

Beneficiaries

128 773

115 933

71 699

36 344

34 149

Soles (millions)

8.0

7.9

5.0

2.7

3.0

Children’s canteens

Beneficiaries

55 207

46 171

17 384

6 583

4 705

Soles

9.2

6.8

3.3

1.2

0.8

School breakfasts

Beneficiaries

223 941

301 761

693 932

168 498

340 893

Soles

12.4

22.3

38.7

12.3

27.4

Foundation for Children

Beneficiaries

317

567

857

587

736

Soles (millions)

0.01

0.02

0.03

0.02

0.02

Homes and shelters

Beneficiaries

2 572

14 260

4 436

8 300

8 730

Soles (millions)

0.2

0.3

0.4

0.7

0.6

PACFO

Beneficiaries

78 747

162 148

58 240

1 763

23 980

Soles (millions)

8.5

15.0

6.9

0.19

1.8

PANFAR

Beneficiaries

16 901

20 534

8 513

3 041

970

Soles (millions)

2.8

3.4

1.4

0.5

0.2

PROMARN

Beneficiaries

70

341

457

260

515

Soles

0.003

0.02

0.04

0.02

0.03

PER-4808 project

Beneficiaries

112 914

76 687

8 720

-

3 835

Soles

8.8

4.6

0.8

-

0.4

2004

School lunches

Beneficiaries

200 149

181 739

60 925

25 308

20 699

Soles

10.8

9.7

3.2

1.4

1.2

CEIS and PRONOEIS

Beneficiaries

137 059

122 377

71 658

28 147

29 536

Soles

9.6

8.7

5.1

2.1

2.1

Children’s canteens

Beneficiaries

63 906

43 624

19 686

5 457

3 989

Soles

10.9

7.6

3.4

0.9

0.7

Foundation for Children

Beneficiaries

261

470

808

629

597

Soles

0.005

0.01

0.02

0.02

0.01

School breakfasts

Beneficiaries

782 374

456 915

354 131

203 333

88 992

Soles

55.0

40.2

33.2

20.8

7.1

Homes and shelters

Beneficiaries

809

2 602

2 143

4 027

5 488

Soles

0.07

0.3

0.3

0.5

0.7

PACFO

Beneficiaries

190 846

94 300

20 593

1 777

8 836

Soles

39.6

17.2

4.1

0.3

1.7

PANFAR

Beneficiaries

28 929

31 971

12 099

2 982

1 275

Soles

4.6

5.2

2.0

0.5

0.2

PROMARN

Beneficiaries

70

220

600

1 100

1 007

Soles

0.009

0.009

0.04

0.1

0.04

PER-4808 project

Beneficiaries

166 755

29 065

6 285

-

3 688

Soles

9.0

1.5

0.4

-

0.2

2005

School lunches

Beneficiaries

200 149

181 739

60 925

25 308

20 699

Soles

12.6

11.3

3.8

1.5

1.3

CEIS and PRONOEIS

Beneficiaries

159 138

125 059

73 371

28 167

30 556

Soles

14.6

11.4

6.8

2.5

2.8

Children’s canteens

Beneficiaries

62 081

43 423

19 021

5 454

3 944

Soles

11.7

8.1

3.6

1.0

0.8

Foundation for Children

Beneficiaries

261

573

881

514

536

Soles

0.01

0.02

0.03

0.02

0.02

School breakfasts

Beneficiaries

773 692

476 912

359 655

199 336

87 313

Soles

57.8

38.3

35.8

22.5

8.0

Homes and shelters

Beneficiaries

445

981

1 531

2 906

4 512

Soles

0.06

0.13

0.22

0.4

0.6

PACFO

Beneficiaries

183 216

88 583

18 508

1 713

7 725

Soles

42.7

20.7

4.4

0.4

1.8

PANFAR

Beneficiaries

18 564

20 578

7 488

1 834

682

Soles

5.2

5.9

2.1

0.5

0.2

PROMARN

Beneficiaries

70

170

220

1 060

732

Soles

0.009

0.02

0.03

0.14

0.09

Source: MIMDES-PRONAA-SCA-SIOP.

Brief description of the programmes

Children’s Food Programme

(a) Children’s canteens programme. Designed to make a contribution to the improvement of the nutrition of the population of school age, primarily in areas of extreme poverty with high rates of child malnutrition, and thus to enhance their learning capacity and school attendance;

(b) Food and Nutrition Programme for High-Risk Families (PANFAR). Designed to improve the nutrition of children aged under 36 months and their mothers identified in families living in the country’s areas of extreme poverty who are at risk of chronic malnutrition;

(c) Programme of Food Supplements for Higher-Risk Groups (PACFO). Designed to prevent malnutrition and avoid irreversible damage to the physical growth and mental development of children between the ages of 6 and 36 months living in the poorest departments.

School Meals Programme

(a) School breakfasts project. Designed to make a contribution to the improvement of the nutrition of the population of school age, primarily in extremely poor areas with high rates of child malnutrition, and thus to enhance their learning capacity and school attendance;

(b) School lunches project. Designed to supplement schoolchildren’s diet, primarily in extremely poor areas with high rates of child malnutrition, with a view to enhancing their learning capacity and school attendance;

(c) CEIS and PRONOEIS Programme. Designed to improve nutrition and prevent growth deficits among children living in extremely poor districts throughout the country;

(d) Food aid project for pre-school and primary children in rural areas (PER-4804). Designed to improve the nutrition of pre-school and primary children, mainly in extremely poor areas with high rates of malnutrition, and thus to enhance their learning capacity and school attendance.

Risk groups

(e) Foundation for Children. Designed to furnish supplementary food support to cover the daily food intake of abandoned children;

(f) Homes and shelters. Designed to furnish food support for children housed in homes and shelters and charitable institutions;

Other programmes

(g) Food and nutrition programme for abandoned children and children at nutritional risk (PROMARN). Designed to improve the lunch-time diet of children in the 6-14 age group who are working as well as attending school and have been abandoned and are exposed to risks to their morals and health.

Basic infrastructure to improve children’s quality of life

The Ministry for Women and Social Development (MIMDES), acting through the Cooperation Fund for Social Development (FONCODES), allocates resources for investments in basic social infrastructure designed to improve the quality of life of children living in rural areas in districts classified as “poor” in terms of the relative standard of living found there.

The children benefit directly from the construction, repair and renovation of classrooms and health posts and from the provision of basic equipment for these facilities. They also benefit directly and indirectly (as members of the larger community) from the construction of basic sanitation works (drinking-water and drainage systems, artesian wells, sewerage systems and latrines) and from the building of roads infrastructure (local roads and bridges for pedestrians and vehicles), as well as from electrification works.

Between 2003 and 2005 FONCODES investments for the benefit of children amounted to $183 million, and the annual total has been rising in step with the increase in the social investment budget. A total of $82 million was programmed for investment in 2005.

TABLE 9

Peru: FONCODES: investments for the benefit of children, 2003-2005

Year

Investment (millions)

No. of projects

New soles

$US

%GDP

2003

93.94

27.00

0.04%

833

2004

265.08

77.74

0.11%

2 653

2005 *

271.15

82.17

0.11%

1 878 **

* 2005 budget for the “Improving your life” programme.

** Number of projects implemented up to 10 November, totalling 198,544,899 soles.

Like any other social investment fund, FONCODES has the strength of allocating resources to the rural areas with the biggest deficits, where the incomes differential is smaller but where the lack of access to basic services is more acute. Over recent years the “Improving your life” programme has helped an annual average of 1.6 million persons, 50 per cent of them children; the Fund reaches 100 per cent of children in almost all the poor rural districts.

TABLE 10

FONCODES: Number of beneficiaries of the “Improving your life” programme, 2003-2005

Year

Number of beneficiaries

Focus (c)/(b)

Total

Children

Poor *

a)

b)

c)

2003

840 756

420 378

413 560

98%

2004

2 237 304

1 118 652

1 118 277

100%

2005 **

1 661 835

894 442

894 442

100%

*Children living in poor rural districts.

**Effective number of beneficiaries up to 10 November 2005, for an investment of 198,544,899 soles.

The implementation of the social projects and programmes is estimated to have benefited 894,442 children in rural areas up to November 2005, with funding provided for 1,878 projects throughout the country in a total amount of 198,544,899 new soles.

(g) The protection of children who are in need of alternative care, including the support of care institutions;

TABLE 11

Peru: INABIF expenditure on protection of children in vulnerable situations

Millions of new 1994 soles

Heading/activity

2000

2001

2002

2003

2004

2005 *

Care of abandoned children

16.92

19.6

19.06

18.6

19.7

16.52

Care of children at risk

14.08

15.02

13.84

14.6

13.7

11.94

Care of street children

3.42

2.68

1.57

1.5

1.3

0.83

Expenditure on care of children in vulnerable situations

34.4

37.3

34.5

34.7

34.7

29.3

Total expenditure a

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

GDP

120 881.0

121 104.0

127 086.0

132 119.0

138 474.0

144 705.3

Expenditure on protection of children in vulnerable situations as% of total

0.18

0.17

0.15

0.13

0.14

0.11

Expenditure on protection of children in vulnerable situations as% of GDP

0.03

0.03

0.03

0.03

0.03

0.02

Source: SIAF.

*Amount disbursed up to October.

aSee annex 1 (public expenditure table).

The period 2002-2004 saw a slight increase in GDP terms in spending on the protection of children, but there was a decline in 2005; however, the 2005 figure may be different by the close of the period.

(h)Programmes and activities for the prevention of and protection from child abuse, child sexual exploitation and child labour;

Sexual exploitation

In 2004 MIMDES allocated approximately $9,600 of public funds to the prevention of child abuse and strengthening of inter-institutional networks; the 2005 figure was $11,900.

During 2004 the Ministry of Foreign Trade and Tourism (MINCETUR), the Association of Managers of Tourism Enterprises of Peru (AFEET Peru) and the International Labour Organization (ILO) executed a programme on the prevention of child sex tourism in an amount of $5,000, which included the production of promotional and informational materials on the subject and training measures for providers of tourism services in Iquitos, Lima and Cusco.

In 2005 MINCETUR, with assistance from the Lombardy region of Italy, executed the project “Prevention of the commercial sexual exploitation of children in connection with tourism in the Cusco, Loreto and La Libertad regions”, in an amount of approximately $150,000.

The budgetary trend over the next three years is estimated on the basis of the MIMDES programme to combat the commercial sexual exploitation of children and deal with the issues of prevention, care, punishment, and rehabilitation, to be carried out in 10 regions of the country, which was approved by the Kingdom of Belgium in 2005 with a funding line of $2.85 million.

The project “Weaving networks against the exploitation of children”, under implementation by ILO from October 2004 to December 2007, has the general aim of helping to prevent and eliminate domestic child labour and the commercial sexual exploitation of children. The project’s main components are concerned with awareness-raising, production of information, institution-building, legal reforms, and direct action to prevent abuse and rescue victims from exploitation. The locations for direct intervention are the cities of Iquitos, Arequipa, Cusco and Lima, and some $600,000 will be spent on the project over the period.

Child labour

Estimates of public spending in the area of child labour in Peru are impeded by problems with the organization of the information on public and private funding.

There are various bodies working in this area, including ILO, the Ministry of Labour, and MIMDES (through INABIF).

Maltreatment and sexual abuse of children

Since 2002 MIMDES has been carrying out in the Ayacucho region an integrated programme to combat domestic and sexual violence, in an amount of 2,232,915 euros.

In 2005 MIMDES allocated some $22,259 of public funds to the prevention of the maltreatment of children and strengthening of inter-institutional networks.

Estimates of public spending on the prevention of the maltreatment of children are impeded by problems with the organization of the information on public and private funding.

Peru has various institutions which address in their work the maltreatment and sexual abuse of children: MIMDES (through the women’s emergency centres); the children’s ombudsman services in all their forms; the prosecution service; the Ministry of Health (using the units for maltreated children (MAMIs); and the Ministry of the Interior (through the Family Division of the National Police).

(i) Juvenile justice;

Peru has special family courts for dealing with this matter throughout the country.

Estimates of public spending on juvenile justice are impeded by problems with the organization of the information on public funding. The 28 Higher Courts of Justice are grouped under a single activity heading in the national budget. Depending on its size, every judicial district may have five types of higher courts and five types of specialized courts and magistrates courts (the specialized courts and magistrates courts include the family courts). Furthermore, family cases (including juvenile cases) are also heard by mixed courts and magistrates courts (mainly questions of maintenance). The activities of the National Plan of Action for Children and Adolescents (PNAI), the monitoring and reporting of statistics, and arrangements with the media do not entail expenditure from the budget of the Judiciary. Changes to the courts system do not depend on the Higher Courts of Justice but on the Executive Council and in particular on the approval of the budget by the Ministry of the Economy and Finance.

(j) Juvenile crime prevention, recovery and reintegration;

TABLE 12

Peru: Expenditure on juveniles in conflict with the law: juvenile centres/observation and diagnosis centres

Millions of new 1994 soles

Heading/ activity 2000

2000

2001

2002

2003

2004

2005 *

Protection and integration

14.45

12.59

10.57

11.05

12.48

16.09

Expenditure on juveniles in conflict with the law

14.45

12.59

10.57

11.05

12.48

16.09

Total expenditure a

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

GDP

120 881.0

121 104.0

127 086.0

132 119.0

138 474.0

144 705.3

Expenditure on juveniles in conflict with the law as % of total

0.07

0.06

0.05

0.04

0.05

0.06

Expenditure on juveniles in conflict with the law as % of GDP

0.02

0.01

0.01

0.01

0.01

0.01

Source: SIAF.

*Budgeted amount.

aSee annex 1 (public expenditure table).

Expenditure on juveniles in conflict with the law includes the improvement of the system of juvenile criminal justice, the treatment and rehabilitation of adolescents interned in the nine juvenile centres of the closed system and in the single centre of the open system, ad hoc re-education programmes, schools in the juvenile centres, and prevention work in coordination with other institutions.

Spending on juveniles in conflict with the criminal law tended to decrease in 2000-2003 as a proportion of total spending, but recovered in 2004-2005; the 2005 figure may be different by the end of the year.

(k) Programmes and services, e.g. in the field of health care and education, earmarked for indigenous children;

There are problems with the organization of the information.

(l) Other social services;

Apart from the expenditure described above, no other expenditure on social services has been identified.

Please also indicate the estimated expenses of the private sector, in particular for health and education.

There are problems with the organization of the budgetary information on the private sector’s spending on health and education.

3. With reference to children deprived of a family environment and separated from their parents, please provide disaggregated data (by gender, age, minority and indigenous groups, urban and rural areas) for the last three years on the number of children:

(a) Separated from their parents;

As Peru’s Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, MIMDES reports that in 2005 it dealt with 12 cases of the abduction of a child by one of the parents.

MIMDES reports through the National Family Welfare Institute (INABIF) that in the years 2003, 2004 and 2005 the total number of children housed in INABIF establishments was 2,336, 2,507 and 2,408 respectively, but not all of them were lacking a father and mother. Of the total under-18 population housed during those years the 13-17 age group was the largest (48%), followed by the 6-12 age group (39.3%).

TABLE 13

Peru: Children housed in INABIF homes, shelters and villages

Year

Total

Sex

AGE GROUPS

Infants

Pre-school

School

Adolescents

Adults

(0-11 months)

1-5 years)

(6-12 years)

(13-17 years)

(18+)

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

2003

2 510

1 301

1 209

49

230

924

1 133

185

2004

2 686

1 370

1 316

15

19

145

121

651

357

487

712

72

107

2005

2 565

1 257

1 308

29

18

146

136

570

347

451

711

61

96

Source: INABIF-MIMDES programme.

(b) Placed in institutions;

TABLE 14

Peru: Under-18 population housed, according to the MIMDES Central Register of Institutions

Year

No. of private institutions providing shelter

No. of under-18s receiving shelter

Males

Females

2003

73

1 352

584

768

2004

48

785

362

423

2005

33

628

374

254

Source: MIMDES Central Register of Institutions.

In the years 2003, 2004 and 2005 there were respectively 73, 48 and 33 institutions providing shelter services for children.

These institutions had 1,352 children in their care in 2003, 785 in 2004, and 628 in 2005. It must be pointed out that the numbers of children housed in private institutions are not based on periodic or regular reports but rather on initial data compiled from registrations and re-registrations in the record book referred to in article 29 (e) of the Children’s and Adolescents’ Code.

(c) Placed with foster families;

TABLE 15

Peru: Children placed with foster families on the instructions of children’s ombudsmen

Year

Cases of placement

Total cases dealt with by ombudsmen

Total cases/placement ratio

2002

499

63 467

0.8%

2003

503

69 990

0.7%

2004

761

80 594

0.9%

Source: DINNA-MIMDES http://www.mimdes,gob.pe/dinna/dna/estadisticas.htm.

The MIMDES survey of samples of children’s ombudsmen indicates that, of all the cases dealt with by ombudsmen, 0.8 per cent were cases of foster placement in 2002, 0.7 per cent in 2003, and 0.9 per cent in 2004.

(d) Adopted domestically or through intercountry adoptions;

TABLE 16

Peru: Numbers of children adopted, by age group, sex and types of couple

Year

Total adoptions

Sex

Age group

Adopted by foreign couples

Adopted by Peruvian couples

Boys

Girls

0 ‑6

6 ‑12

12 ‑18

2002

194

n.a

n.a

n.a

n.a

n.a

102

92

2003

179

87

92

150

23

6

88

91

2004

187

90

97

156

25

6

95

92

Source: report on the annual progress made under the PNAI in 2002, 2003 and 2004.

n.a. = not available.

In the period 2002-2004, 560 children were adopted; 55 per cent of them were aged under six years.

Of the total number of children adopted in 2004, 7.5 per cent had some kind of disability.

The ratio of Peruvian to foreign couples adopting children in the period 2002-2004 was 49:51. In October 2003 MIMDES initiated its “Guardian angels” campaign to encourage the adoption of children aged over five years, adolescents and sibling groups suffering problems of health or disability housed in shelters and guardianship centres. Adoptions under the “Guardian angels” campaign are processed by MIMDES with maximum priority, and within a period of not more than two months - following psycho-social and legal evaluation - they are proposed to the National Adoptions Council in order to provide the children with a family.

4. Please specify the number of children with disabilities, disaggregated by sex and age, covering the years 2002, 2003 and 2004:

(a) Living with their families;

No studies or research have been conducted on this point.

(b) In institutions;

According to INABIF:

TABLE 17

Peru: Children aged under 18 living in comprehensive protection centres

Year

Total population with disabilities

Total <18 population with disabilities living in comprehensive protection centres

0 ‑5

6 ‑13

13 ‑17

Males

Females

2003

n.a.

n.a.

n.a.

n.a.

n.a.

n.a.

2004

422

21

174

162

204

153

2005

395

19

152

155

189

137

Source: MIMDES − INABIF.

n.a.: non available.

In 2004 and 2005 the number of disabled children aged under 18 living in INABIF comprehensive protection centres was 357 and 326 respectively, representing 85 and 83 per cent of the total disabled population.

According to the Register of Disabled Persons of the National Council for the Integration of Disabled Persons (CONADIS), the situation is as shown in Table 18 below.

TABLE 18

Peru: children <18 with disabilities registered with CONADIS

Year

Disabled children <18 entered in the Register

Males

Females

2002

195

656

2003

309

875

2004

850

1 701

2005

1 273

2 011

Source: MIMDES-CONADIS (Register of Disabled Persons).

The number of disabled children identified by means of the CONADIS Register in 2002, 2003, 2004 and 2005 was 851, 1,184, 2,551 and 3,284 respectively.

Table 18 shows that there are more girls aged under 18 with disabilities than boys.

According to the Judiciary, to date there have been no disabled juvenile offenders in the juvenile centres under its administration.

(c) Attending regular schools;

There are problems with the organization of the information.

(d) Attending special schools;

There are problems with the organization of the information.

(e) Not attending any school;

There are problems with the organization of the information.

5. Please provide information on the number of children abducted from or to Peru and the number of children disappeared and found in Peru.

TABLE 19

Peru: Children presumed to be victims of abduction or trafficking in persons

Year

Abductions

Trafficking in persons (minors)

2005 *

7

7

Source: MININTER-PNP (Abductions Division).

* To November.

As of November 2005 the Abductions Division of the National Police of Peru (PNP) reported that it had identified seven presumed abductions and seven cases of trafficking in persons aged under 18.

TABLE 20

Peru: Children victims of abduction and temporary abduction, by age group and sex

Year

Total victims

Victims under 18

Total

0 ‑5

6 ‑11

12 ‑17

Males

Females

2001

53

3

0

3

0

1

2

2002

63

9

1

3

5

4

5

2003

48

8

4

1

3

4

4

2004

26

3

1

1

1

1

2

Source: MININTER −PNP −DIRINCRI.

In all, 190 persons were abducted in the period 2001-2004: 12 per cent of them were aged under 18; girls aged under 18 were in the majority (57%) and the most seriously affected age group was 12-17 (39%).

TABLE 21

Peru: Disappeared children, by year and age group

Year

Total reports

Under-18s reported

Reports received

Cases resolved

Total

%

0 ‑5

6 ‑11

12 ‑17

Total

%

0 ‑5

6 ‑11

12 ‑17

2002

430

88

20.5

2

10

76

32

7.4

1

5

26

2003

1 920

584

30.4

18

73

489

420

21.9

12

50

355

2004

1 510

556

36.8

16

71

469

330

21.9

6

29

295

2005

1 105

523

47.3

14

69

440

246

22.26

6

30

210

Source: Foundation for Disappeared Peruvians - Register of Information on Disappeared Persons; official records of the PNP Division for the Investigation of Disappearances.

In the period 2002-2005, 4,965 persons were reported to have disappeared; 35.3 per cent of the reports received concerned children aged under 18. It should be pointed out that 58.8 per cent of the reported cases were resolved.

In this same period the 12-17 age group had the largest number of disappearances (84%).

6. With reference to child abuse, please provide disaggregated data (by age, gender, minority and indigenous groups and types of violations reported) covering the years 2002, 2003 and 2004 on the:

(a) Number of reported cases of child abuse;

TABLE 22

Peru: Reports of child abuse received by family procurators, by year

Year

Number of reports

Total

Source

PNP

Interested parties

Others

2002

1 797

1 010

551

236

2003

2 030

955

844

231

2004

1 560

629

586

346

Source: SIE-SATIF.

Preparation: Attorney-General’s Office (Planning, Rationalization and Statistics Unit).

In the period 2002-2004 the Attorney-General’s Office received 5,387 reports of child abuse: 48 per cent from the National Police (PNP), 37 per cent from interested parties, and 15 per cent from other sources.

(b) Number and percentage of reports that have resulted in either a court decision or other types of follow-up;

No statistics are currently available. This variable has been included in the Judiciary’s Operational Institutional Plan for 2005, the results of which will be obtained from the 28 judicial districts at the end of the year.

(c) Number and proportion of child victims that have received counselling and assistance in recovery;

c)  1. In women’s emergency centres (CEM) throughout the country:

TABLE 23

Peru: Numbers and percentages of children treated in women’s emergency centres, by year

Year

Cases handled by CEMs

Children treated

Children treated as% of total

0 ‑5

6 ‑11

12 ‑17

Total

Males

Females

2002

29 759

748

1 581

2 295

4 624

1 521

3 103

15.5%

2003

28 053

844

1 655

2 594

5 093

1 596

3 497

18.2%

2004

30 280

816

1 995

2 916

5 727

1 701

4 026

18.9%

2005 *

15 079

386

998

1 529

2 913

836

2 077

19.3%

Source: MIMDES - CEM registers of cases.

*To June.

One hundred per cent of the persons taken in by the CEMs received counselling and assistance with recovery.

In the period 2002-2005 one in five of the cases handled by the CEMs concerned a child aged under 18.

Between January 2002 and June 2005 the National Programme to Combat Domestic and Sexual Violence (PNCVFS) received through the CEMs 18,357 cases of children under 18 affected by domestic or sexual violence, an average of 18 per cent of the population treated in the CEMs.

It should be stressed that this proportion has been increasing in both absolute and percentage terms as a result of the awareness-raising campaigns, which encourage people to report child abuse and maltreatment.

Half of the under-18s treated in the CEMs are adolescents. The 12-17 age group accounts for 51 per cent of the victims aged under 18 who attended a CEM in the period 2002-2005. The 6-11 age group accounted for 34 per cent, and under-fives for 15 per cent. It is important to point out that most of these cases were reported by a family member or other relative.

TABLE 24

Peru: Number of children treated in CEMs, by type of violence and year

Year

Physical and mental violence

Sexual violence

Total

Boys

Girls

0 ‑5

6 ‑11

12 ‑17

Total

Boys

Girls

0 ‑5

6 ‑11

12 ‑17

2002

3 479

2 115

1 364

651

1 255

1 573

1 023

117

906

74

288

661

2003 *

3 033

1 800

1 233

599

1 067

1 367

1 212

115

1 097

113

311

788

2004

3 932

2 426

1 506

661

1 487

1 784

1 795

195

1 600

155

508

1 132

2005 **

1 899

1 157

742

312

688

899

998

93

905

74

306

618

Source: MIMDES – CEM registers of cases.

* Information to October 2003.

** Information to June 2005.

Between 2002 and June 2005 care was provided for over 12,000 children who had suffered maltreatment, beatings, insults, verbal abuse or threats, principally at the hands of their parents or another family member having care of or authority over a child aged under 18. One in three of the victims was an adolescent girl.

In the same period the CEMs handled over 5,000 cases of children victims of some type of sexual abuse or violence (include children aged under five). Six in 10 members of this group were adolescent girls.

c)  2. From children’s ombudsmen:

The children’s ombudsmen intervene in cases of child abuse understood as acts of commission or omission, deliberate or otherwise, which impair a child’s physical, mental or social development, within or outside the family environment, and inflict suffering on a person aged under 18; Table 25 shows the principal types of violence against children.

TABLE 25

Cases handled by children’s ombudsmen in 2002-2004, by type of offence

Type of offence

Number of cases handled

2002

2003

2004

Non-payment of maintenance

26 266

24 218

25 556

Visiting arrangements

4 716

4 467

5 093

Occupancy of housing

4 350

3 967

4 594

Voluntary acknowledgement of filiation

4 647

4 987

4 288

Domestic violence and physical or mental abuse

11 752

9 069

3 841

Late registration of birth

5 722

3 189

2 488

Abandonment of the home

-

-

1 475

Late school enrolment

4 352

3 057

1 320

Foster placement

761

503

499

Injuries

866

475

467

Child abuse at school

1 315

975

431

Rape

602

395

361

Child abuse outside the home and school

1 842

1 148

319

Alleged rape

602

196

234

Exposure to situations of risk

654

350

220

Indecent acts

485

249

191

Total

68 932

57 245

51 377

Source: MIMDES-DINNA.

Non-payment of maintenance was the largest category offence (38%) in 2002, 2003 and 2004. Two in five of the cases notified to the ombudsmen were concerned with maintenance.

On average, 164 cases involving offences against children were handled every day in the period 2002-2004.

7. Please provide disaggregated data (including by gender, age, minority and indigenous groups, urban and rural areas) covering the years 2002, 2003 and 2004 on:

(a) The enrolment and completion rates in percentages of the relevant group in pre-primary schools, in primary schools and in secondary schools and in vocational training;

TABLE 26

Peru: Rate of total coverage by type of school, sex, area of residence, and poverty level

Category

1985

1994

1998

2003

Children in the 3-5 age group (pre-primary)

Total

26.6

57.4

50.0

62.1

Girls

25.9

57.2

50.2

61.6

Boys

27.3

57.6

49.8

62.7

Urban

36.0

59.5

54.8

71.4

Rural

16.1

55.0

45.2

50.1

Not poor

35.4

68.7

58.7

75.9

Poor

23.4

55.3

47.9

64.0

Extremely poor

12.5

45.6

37.8

43.5

Children in the 6-11 age group (primary)

Total

81.4

94.7

94.9

96.1

Girls

79.9

94.9

94.1

95.9

Boys

82.8

94.6

95.6

96.4

Urban

90.1

96.3

95.9

98.3

Rural

69.8

92.5

94.0

93.3

Not poor

87.1

96.2

96.8

98.6

Poor

82.1

96.5

95.5

96.6

Extremely poor

67.5

90.5

91.3

92.7

Children in the 12-16 age group (secondary)

Total

80.8

89.5

85.2

85.8

Girls

76.5

87.3

83.9

83.9

Boys

84.9

91.7

86.6

87.7

Urban

90.5

94.1

91.2

91.5

Rural

66.5

81.4

78.3

77.0

Not poor

87.0

91.2

85.3

91.8

Poor

81.4

91.2

88.7

86.8

Extremely poor

65.1

83.3

80.0

75.5

Note: Ages as of 30 June. For 1985 and 1998 the ages are ages at the date of the survey.

Source: INEI National Survey of Living Standards, 1985, and National Household Survey IV, 1998 and 2003.

Cuanto Institute’s national survey of living standards, 1994.

Preparation: Ministry of Education (education statistics unit).

In 2003, there was an increase in the rate of coverage in the three age groups in comparison with 1998, the largest being in the 3-5 group.

In 2003, the gap between rural and urban areas was wider in the 3-5 group, while by sex the widest gap was in the 12-16 group.

In 2003, 62 per cent of children aged 3-5, 96 per cent aged 6-11, and 86 per cent aged 12-16 were enrolled in the basic education system. In comparison with 1985 these figures show a large increase in the school enrolment of children in the 3-5 and 6-11 age groups.

The virtually universal enrolment in the 6-11 age group is achieved without any distinctions based on gender, area of residence, or level of poverty. In contrast, the coverage in the 3-5 and 12-16 groups is much smaller in rural areas and in poor households. Thus, the children excluded from the education system are the ones living in the more sparsely populated areas and suffering greater economic disadvantage.

Additional information on enrolment for 2002-2004 supplied by the education statistics unit of the Ministry of Education is given in Table 27 below.

TABLE 27

Peru: Total enrolment in the education system, by level, modality and form of provision of the service

Year

Enrolment

Pre-primary

Primary

Secondary

Non-university higher

Vocational

2002

1 110 962

4 220 072

2 302 099

380 984

267 598

2003

1 095 665

4 187 229

2 346 472

389 223

252 113

2004

1 138 137

4 119 597

2 382 167

390 734

272 737

Source: Ministry of Education - 1993 census of schools, and basic statistics 1998-2004.

Preparation: Ministry of Education (education statistics unit).

(b) Rates of literacy under 18 years old;

There are problems with the organization of the information.

(c) Rate of children completing primary and secondary school;

TABLE 28

Peru: Primary completion rate, by sex, area of residence, and poverty level

Category

1985

1994

1998

2003

Children in the 11-13 age group

Total

53.9

56.4

55.9

72.5

Girls

51.8

54.3

56.1

73.2

Boys

55.8

58.3

55.7

71.9

Urban

71.3

74.7

69.0

82.8

Rural

28.7

30.0

42.0

58.5

Not poor

63.0

66.0

69.3

86.6

Poor

58.2

61.0

53.6

73.1

Extremely poor

27.5

28.8

34.9

53.7

Children in the 14-16 age group

Total

64.5

80.1

85.6

91.2

Girls

64.3

77.2

86.3

90.3

Boys

64.7

83.1

84.8

92.0

Urban

83.7

89.6

92.3

95.8

Rural

31.5

60.9

73.4

82.8

Not poor

73.6

88.3

91.9

96.1

Poor

67.2

80.8

86.9

92.9

Extremely poor

35.6

59.8

62.9

78.4

Source: INEI National Survey of Living Standards, 1985 and 1994.

In 2003 there was an increase in the primary completion rate in both age groups in comparison with 1998, the largest increase being in the 11-13 group.

The completion rate was higher in urban than in rural areas.

The girls’ completion rate was higher in the 11-13 group but lower in the 14-16 group.

TABLE 29

Peru: Secondary completion rate, by sex, area of residence, and poverty level

Category

1985

1994

1998

2003

Persons in the 16-18 age group

Total

33.3

34.9

38.1

51.3

Females

32.8

34.4

38.6

52.0

Males

33.7

35.3

37.7

50.6

Urban

45.8

48.0

49.5

64.2

Rural

8.4

8.8

21.3

24.3

Not poor

41.8

43.8

50.0

68.0

Poor

29.5

30.9

30.0

45.0

Extremely poor

11.5

12.1

12.5

17.4

Persons in the 19-21 age group

Total

51.7

64.0

61.0

66.7

Females

49.8

60.7

61.2

67.2

Males

53.6

67.3

60.9

66.1

Urban

67.4

77.1

73.2

79.1

Rural

12.8

33.9

29.4

36.9

Not poor

60.3

74.6

75.6

80.9

Poor

49.8

60.7

42.5

57.9

Extremely poor

20.3

33.6

18.9

27.8

Source: INEI National Survey Living Standards, 1994.

Preparation: Ministry of Education (education statistics unit).

In 2003 there was an increase in the secondary completion rate in both age groups in comparison with 1998, the largest being in the 16-18 group.

The secondary completion rate was higher in urban than in rural areas.

The female completion rate was high in both age groups.

(d) Number and percentage of dropouts and repetitions;

TABLE 30

Peru: Dropout rate, by grade and sex

Category

1994

1998

2003

Primary education

Total

4.8

4.1

3.9

1st grade

8.6

6.4

5.0

2nd grade

2.3

3.0

3.5

3rd grade

3.3

3.1

3.2

4th grade

3.8

3.2

3.4

5th grade

4.9

4.2

4.2

6th grade

4.3

4.8

4.2

Females

4.4

4.3

4.1

Males

5.1

3.9

3.6

Secondary education

Total

7.8

7.4

6.8

1st grade

11.1

9.0

7.7

2nd grade

6.0

6.6

5.9

3rd grade

6.7

7.0

6.0

4th grade

5.7

5.0

5.2

5th grade

8.6

9.5

9.6

Females

8.5

6.7

6.5

Males

7.1

8.1

7.1

Source: Ministry of Education - Census of Schools, 1993, 1998 and 2002.

Preparation: Ministry of Education (education statistics unit).

For the purpose of this report the Ministry supplied the above table showing the dropout rates for 1994, 1998 and 2003. It can be seen from the information provided that between 1998 and 2003 the overall dropout rate tended to decline in primary and secondary education.

However, the rate in the second, third and fourth grades of primary increased slightly between 1998 and 2003, while it remained stable in the fifth grade of primary over that period. Between those same two years the rate increased in the fourth and fifth grades of secondary.

The girls’ dropout rate in primary remained virtually unchanged, but the boys’ rate fell sharply. The situation was reversed in secondary education: the boys’ rate remained unchanged and the girls’ fell sharply from the 1994 level.

(e) Teacher per child ratio;

TABLE 31

Peru: Teachers per 100 pupils, by level throughout the education system

2002

2003

2004

Pre-primary

Teachers

41 525

43 459

46 279

Enrolment

1 110 962

1 095 665

1 138 137

Teachers per 100 pupils

4

4

4

Primary

Teachers

179 933

183 291

185 829

Enrolment

4 220 072

4 187 229

4 119 597

Teachers per 100 pupils

4

4

5

Secondary

Teachers

150 419

156 242

160 836

Enrolment

2 302 099

2 346 472

2 382 167

Teachers per 100 pupils

7

7

7

Total

Teachers

371 877

382 992

392 944

Enrolment

7 633 133

7 629 366

7 639 901

Teachers per 100 pupils

5

5

5

Source: Ministry of Education - Census of Schools, 1993; basic statistics, 1998-2004 (education statistics unit). Data taken from the website www.minedu.gob.pe.

Preparation: MIMDES.

It can be seen that in the period under consideration there was an average of five teachers for every 100 pupils enrolled in the whole education system. The ratio was higher in secondary education.

The ratio may have been slightly distorted by the possible inclusion of children enrolled in education services for adults.

8. Please provided disaggregated statistical data (including by gender, age, minority and indigenous groups, urban and rural areas) on child mortality resulting from chronic malnutrition, early pregnancy, sexually transmitted infections (STIs), mental health problems (e.g. suicides rates, eating disorders, depression), drug use, alcohol and tobacco abuse covering the years 2002, 2003 and 2004. Please also provide numbers of health professionals working in the health-care services for children.

There are problems with the organization of the data on this point. However, the Ministry of Health reports the flowing information:

(a) Child mortality

TABLE 32

Peru: Child mortality per 1,000 live births

Year

Perinatal

Infant

<5 years

1995‑2000

23

60

2000

33.6

Source: Ministry of Health.

.

Chronic malnutrition is associated with the following factors:

Poverty . Thirty-five per cent of children aged under five years living in extremely poor households suffer from chronic malnutrition, as against the 13 per cent from non-poor homes who suffer malnutrition.

As Table 33 shows, child malnutrition declined in 2000 in the fourth and fifth quintiles (those with greater purchasing power). However, in the first, second and third quintiles the mortality rate among under-fives increased.

TABLE 33

Peru: Shifts in the under-five mortality rate, by level of purchasing power

Year

Bottom quintile

2nd quintile

3rd quintile

4th quintile

Top quintile

Under-five mortality rate per 1.000 live births

1996

89.9

66.9

43.4

39.2

32.2

2000

93.0

76.0

44.0

35.0

18.0

Source: ENDES.

Mother’s education level . Fifty per cent of children with malnutrition are born to mothers without any education. The findings of the National Demographic and Family Health Survey (ENDES) are reflected in Table 34 below.

TABLE 34

Peru: Education levels of women of childbearing age

Year

No education

Primary

Secondary

Higher

1996

6%

29%

42%

22%

2000

5%

29%

45%

22%

2004

4%

23%

43%

29%

Source: ENDES.

Mother’s age at birth of first child. Thirteen per cent of women aged between 15 and 19 are already mothers or are pregnant for the first time. The malnutrition is accompanied by problems of overweight and obesity, at rates of 35 and nine per cent respectively.

(b) Early pregnancy

According to ENDES 2000, in Peru:

10.7 per cent of all adolescent girls were already mothers;

2.3 per cent of adolescent girls were pregnant for the first time;

60 per cent of adolescent pregnancies were unwanted.

According to ENDES 2004, in Peru:

The adolescent pregnancy rate has been declining: according to ENDES 2000, 13 per cent of all adolescent girls (10 to 19 years) were already mothers, while ENDES 2004 indicates a slight decline in this rate, to 12.7 per cent. There was a large drop in the Sierra region, from 16 per cent in 2000 to 11 per cent in 2004: the proportional increase in pregnancies occurred in Metropolitan Lima, the rest of the coastal region and the forest region.

Pregnancy and economic problems are the two commonest causes of school dropouts among adolescent girls.

TABLE 35

Peru: Adolescent pregnancies

Year

% adolescents mothers

Coverage of the service

2000

10.7

18.6

2001

n.a.

16.8

2002

n.a.

19.3

2003

n.a.

18.5

2004

12.7

n.a.

Source: Ministry of Health.

Pregnancy services and monitoring of pregnant adolescents reduce the risk of death.

TABLE 36

Peru: Pregnant adolescents receiving health services, whole country

Year

No. of adolescents receiving services

2000

143 429

2001

135 155

2002

147 200

2003

140 473

Source: www.manuela.org.pe; Health Ministry reports.

TABLE 37

Peru: Adolescent deliveries in health service institutions, whole country

Year

No. of deliveries in institutions

2000

43,231

2001

49,604

2002

53,865

2003

60,253

Source: Ministry of Health.

A total of 140,000 adolescent deliveries were attended by the health services in 2003, representing 18.5 per cent of the national total. It must be pointed out that, as Table 37 shows, the number of births in institutions increased by 10.6 per cent between 2002 and 2003; this has been a factor in the decline in the risk of maternal mortality during adolescent pregnancy.

TABLE 38

Maternal deaths among adolescents, 1999-2005

Age

Haemorrhage

Infection

Toxaemia

Abortion delivery

Obstructed

Others

Total

Adolescent maternal deaths

10‑14

6

1

2

1

0

2

12

15‑19

105

45

52

24

5

42

273

Total adolescents

111

46

54

25

5

44

285

% by cause

38.9

16.1

18.9

8.8

1.8

15.4

100.0

Maternal deaths at all ages

Total

1 013

219

369

148

35

260

2 044

% by cause

49.6

10.7

18.1

7.2

1.7

12.7

100.0

Source: Ministry of Health.

It can be seen that during this period haemorrhage was the chief cause of adolescent maternal deaths and that the 15-19 age group was the most seriously affected.

(c) Mental health

1. Suicide/depression

The fact is that up-to-date and sufficiently relevant national data are not available.

For 2002 there is a study on Metropolitan Lima in which one of the most important conclusions states: “The indicators of adolescent suicide in the reference period are higher than the adult indicators and show a clear upward trend. One in every seven adolescents has presented a suicide wish in the past year, indicating problems with parents as the reason”. The commonest suicide indicators identified by the study are suicidal thoughts entertained by adolescents and an actual suicide attempt. Table 39 below illustrates this conclusion.

With regard to the information on 2004: “... where 2004 is concerned, up to October 22 girls and 19 boys - a total of 41 adolescents - committed suicide in Peru, most of them in Lima. ... Case monitoring and the first local statistics indicate a serious public-health problem about which specialists and institutions have already sounded the alarm. Up till now more girls than boys have killed themselves: this points to the need for a more detailed review of the past assumption that more males than females actually commit suicide”.

Lima has three specialized mental health facilities: the Honorio Delgado - Hideyo Noguchi Institute, the Victor Larco Herrera Hospital and the Hermilio Valdizán Hospital.

TABLE 39

Peru: Indicators of adolescent suicide in Lima and Callao, 2002

Suicide indicators: incidence of consideration of suicide or suicidal conduct or thoughts

Percentages

Total

29.1%

12-14 years

25.7%

15-17 years

32.7%

Monthly incidence of contemplation of suicide or suicidal conduct or thoughts

Total

6.8%

12-14 years

6.9%

15-17 years

6.8%

Annual incidence of contemplation of suicide or suicidal conduct or thoughts

Total

15.3%

12-14 years

12.2%

15-17 years

18.6%

Incidence of suicidal conduct

Total

3.6%

12-14 years

2.6%

15-17 years

4.7%

Monthly incidence of suicidal conduct

Total

0.4%

12-14 years

0.5%

15-17 years

0.4%

Annual incidence of suicidal conduct

Total

2.4%

12-14 years

1.6%

15-17 years

3.2%

Incidence of suicidal potential

Total

1.0%

12-14 years

0.9%

15-17 years

1.1%

Source: Annales de Salud Mental, Vol. XVIII, 2002, Nos. 1 and 2.

2. Anxiety disorders

Some 68,987 persons were treated for some kind of anxiety disorder; the age distribution was as follows: 25-44 years – 43 per cent; 45-59 years – 18 per cent; 10-19 years – 13 per cent; 60-99 years – 12 per cent; 20-24 years – 11 per cent; and children aged 1 to 9 – three per cent. Anxiety disorders are commoner in females than in males, in a ratio of 2:1, but males are more likely to turn to the medical services for treatment.

TABLE 40

Treated cases of anxiety disorder, by age group

Age group

Percentage

1-9 years

3%

10-19 years

13%

20-24 years

11%

25-44 years

43%

45-59 years

18%

60-99 years

12%

Source: Ministry of Heath.

3. Drug use

According to a national survey of drug prevention and use (DEVIDA, 2002), 94 per cent of the population have used alcohol at some time or other and 68 per cent tobacco. Alcohol dependency tends to be concentrated in the 17-19 (11%) and 20-30 (14.5%) age groups.

Tobacco dependency is most commonly found in the 17-19 (4.3%) and 20-30 (6.8%) age groups.

The use of illegal drugs is concentrated in the 17-19 adolescent age group, 5.3 per cent of whose members have used marihuana in the past year, 3.6 per cent chloral hydrate, and 2.3 per cent basic cocaine paste.

Males aged between 17 and 30 are most likely to be dependent on marihuana, and males aged between 17 and 19 on chloral hydrate.

It is an established fact that 50 per cent of smokers may die from a cardiovascular, neurological or carcinogenic disorder.

Alcoholism is a disease in which heredity is a strong factor: children of alcoholic parents tend to be three to four times more likely than the general population to become alcoholics.

(d) Sexually transmitted infections (STIs)

TABLE 41

Peru: STIs among under-18s

Year

No. of cases of congenital syphilis among babies born in an institution

2004

517

Source: Ministry of Health.

9. Please provide disaggregated statistical data (including by gender, age groups, minority and indigenous groups, urban and rural areas) on children infected or affected by HIV/AIDS.

(a) Infected children

TABLE 42

Peru: Distribution by age and sex of cases of HIV-infected children, 1983 to April 2005 

Age group

Male

Female

Total

0-4 years

162

126

288

5-9 years

30

32

62

10-14 years

21

25

46

15-19 years

297

128

425

Total

510

311

821

Source: Ministry of Health, PNAI progress reports, 2005.

In the period under consideration cases of HIV/AIDS-infected children totalled 821: 62 per cent were males, and 15-19 was the most vulnerable age group.

According to estimates of the Health Ministry’s General Office of Epidemiology (OGE), in 2002 Peru had 1,500 HIV/AIDS-infected children. In 2004, 584 children were reported to be living with HIV and 230 at the AIDS stage.

According to studies, as of 18 July 2005 the country had 181 HIV/AIDS-infected children receiving highly active antiretroviral treatment.

According to the OGE, there are 401 HIV-infected children in the 0-14 age group.

Vertical transmission: every year in Peru 450 babies are born potentially infected with HIV because their mothers are carriers of the virus which causes AIDS, and it is estimated that 75 per cent of the cases of transmission from mother to child occur in Lima. Every year Peru has an average of 1,400 pregnant women diagnosed as carriers of HIV/AIDS.

(b) Affected children

It is further estimated that Peru has some 17,000 children orphaned by AIDS.

10. Please provide appropriate disaggregated data (including by gender, age groups, minority and indigenous groups, urban and rural areas, and type of crime) covering the years 2002, 2003 and 2004, in particular on the number of:

(a) Persons below 18 who have allegedly committed a crime, reported to the police;

TABLE 43

Peru: Reports of violations of the criminal law received by family procurators’ offices, by year

Year

Number of reports

Total

Source

PNP

Interested parties

Others

2002

6 590

5 554

568

468

2003

12 121

7 161

371

4 589

2004

11 098

6 372

530

4 196

Source: SIE-SIATF.

Preparation: Attorney-General’s Office (Planning, Rationalization and Statistics Unit).

In 2004 the number of reports declined from the 2003 level (8.4%).

Most of the reports reaching the family procurators’ offices come from the National Police (PNP).

In 2004 the number of reports originating in other bodies increased significantly, by 897 per cent over the 2002 figure.

(b) Persons below 18 who have been sentenced and type of punishment or sanctions related to offences, including length of deprivation of liberty;

TABLE 44

Peru: Total number of adolescents in juvenile centres, by juridical status (closed and open systems)

Year

Convicted

Awaiting trial

Total

2002

1 722

2 039

3 761

2003

2 896

635

3 591

2004

2 955

554

3 509

Source: Juvenile Centres Unit of the Judiciary.

There are some problems with the breakdown of the information on the types of sanction imposed on convicted juveniles. According to the Judiciary, the figures are given as monthly averages for each year. It is not possible to separate them from total convictions since that total includes all the centres of the closed system and is calculated on the basis of entry and release from the centres and cannot be related to the monthly averages.

TABLE 45

Types of sanction imposed on convicted juveniles in SOA-Rímac

Type of sanction

2002 Monthly average

2003 Monthly average

2004 Monthly average

Warning

8

22

21

Community service

59

97

85

Restricted liberty

158

112

155

Supervised liberty

19

19

30

Others

24

10

8

Internment

0

0

0

Total convicted juveniles in SOA-Rimac

267

260

299

Source: Juvenile Centres Unit of the Judiciary.

The information set out in Table 45 refers solely to the Adolescents Guidance Service (SOA), for it has the only centre operating exclusively under the open system and applying the socio-educational measures required by that system. The sanction of internment refers only to the centres in the closed system.

TABLE 46

Peru: Juveniles interned* in juvenile centres, by duration of the measure imposed

Duration

2002

2003

2004

Monthly average

Monthly average

Monthly average

1‑30 days

0

0

4

1‑6 months

91

123

138

7‑12 months

194

213

250

13‑18 months

76

81

108

19‑24 months

102

97

111

25‑30 months

41

48

29

31‑36 months

90

91

86

37‑42 months

5

3

1

43‑48 months

12

4

3

5 years

8

4

1

6 years

3

7

5

Awaiting trial

580

475

424

Total

1 202

1 146

1 160

Source: Juvenile Centres Unit of the Judiciary.

* Includes all juveniles interned in the nine juvenile centres of the closed system and attendingSOA-Rímac in Lima (open system).

(c) Persons below 18 who have been tried as adults;

The State Party has a special jurisdiction for juveniles in conflict with the law. Fundamentally, this jurisdiction applies the Children’s and Adolescents’ Code, which also envisages the use of other means of justice as alternatives to deprivation of liberty.

However, there are some persons aged over 18 kept in juvenile centres in accordance with the terms of the sentence handed down by the court.

(d) Detention facilities for juvenile delinquents and their capacity;

TABLE 47

Peru: Installed capacity of juvenile centres

Juvenile centre

Installed capacity (IC)

Current population* (CP)

Ratio (IC)/(CP)

Lima

250

397

1.6

SOA Rímac

200

0

0.0

Santa Margarita

35

44

1.3

Alfonso Ugarte – Arequipa

80

98

1.2

José Quiñónez Gonzáles – Chiclayo

70

73

1.0

Marcavalle − Cuzco

50

95

1.9

El Tambo – Huancayo

60

47

0.8

Miguel Grau – Piura

40

55

1.4

Pucallpa – Ucayali

50

55

1.1

Trujillo – La Libertad

50

56

1.1

Total

835

920

1.1

Source: Juvenile Centres Unit of the Judiciary.

* Open system.

According to the Judiciary, capacity is expressed as number of beds in the closed system.

(e) Persons below 18 detained in these facilities and minors detained in adult facilities;

TABLE 48

Peru: Total juveniles in juvenile centres, by sex (closed and open systems)

Year

Males

Females

Total

2002

3 487

274

3 761

2003

3 377

154

3 531

2004

3 341

180

3 521

Source: Juvenile Centres Unit of the Judiciary.

As the State party has specialized juvenile centres, juveniles in conflict with the law are not detained in adult centres.

(f) Persons below 18 kept in pretrail detention and the average length of their detention;

TABLE 49

Peru: Juveniles detained * in juvenile centres, by duration of measure imposed

Duration

2002

2003

2004

Monthly average

Monthly average

Monthly average

1‑30 days

0

0

4

1‑6 months

91

123

138

7‑12 months

194

213

250

13‑18 months

76

81

108

19‑24 months

102

97

111

25‑30 months

41

48

29

31‑36 months

90

91

86

37‑42 months

5

3

1

43‑48 months

12

4

3

5 years

8

4

1

6 years

3

7

5

Awaiting trial

580

475

424

Total

1 202

1 146

1 160

Source: Juvenile Centres Unit of the Judiciary.

* Total juveniles detained in the nine juvenile centres of the closed system or attending SOA-Rímaccentre in Lima (open system).

(g) Reported cases of abuse and ill-treatment of children during their arrest and detention;

According a report of the National Ombudsman, in the past two years there have been only two cases of alleged ill-treatment of minors during their arrest and detention; the persons responsible were reported to the Attorney-General’s Office.

(h) With regard to persons below 18 in the juvenile justice system, the number of them who obtained social education measures and the type of these measures;

TABLE 50

Measures of social education applied to juvenile offenders (monthly averages)

Closed and open systems

Type of measure

2002

2003

2004

Supervised liberty*

158

22

21

Supervised liberty*

59

97

85

Restricted liberty*

19

112

155

Semi-release*

8

19

30

Internment**

936

885

861

* Open system: one centre of the Adolescents Guidance Service (SOA).

** Closed system: nine juvenile centres.

Source: Juvenile Centres Unit of the Judiciary,

Description of measures of social education measures which may be imposed by court order

Supervised liberty. An educational measure for juveniles ordered by the judicial authorities for a maximum duration of eight months. A tutor is assigned to provide guidance, supervision and encouragement both to the juvenile offender and to his or her family under the open system.

Restricted liberty. An educational measure for juveniles imposed by the judicial authorities for a maximum duration of 12 months. Under this measure the juvenile must attend the Adolescents Guidance Service (SOA) every day, and the family or responsible adult once a week, and take part in its guidance and education activities.

Semi-release. This regime is imposed on a juvenile who has completed two thirds of a social-education measure of internment, on condition that he or she attends school or work and exhibits significant educational progress in the closed system. The SOA undertakes to supervise the juveniles’ activities, providing guidance and reinforcing achievements.

Community service. An educational measure under which the juvenile undertakes to perform certain tasks suited to his or her aptitudes, without prejudice to health or normal attendance at school or work, for a maximum duration of six months; during this time the juvenile is supervised and his or her involvement in the family and in social, work and educational activities is reinforced.

Internment. This is the social-education measure of last resort which the judicial authorities may order under the Children’s and Adolescents’ Code. It is imposed on juveniles with severe behavioural problems who are unsuited for day-attendance measures and who need to be interned so that they may receive suitable multidisciplinary support designed to change their undesirable conduct, together with permanent psycho-social guidance and counselling provided under the System for Re-integration of Juvenile Offenders (SRAI).

The Judiciary operates the SRAI for the purposes of the application of these measures of social education. The SRAI offers a set of programmes available in both closed (internment) and open systems. These programmes are described in Table 51 below.

TABLE 51

Peru: Re-education and rehabilitation programmes for juvenile offenders

Programme

Total 2002

Total 2003

Total 2004

Average

%

Average

%

Average

%

Closed system

936

77.8

886

77.3

861

74.2

Welcome Programme

99

8.2

111

9.7

91

7.8

Programme I

316

26.3

284

24.8

306

26.4

Programme II

427

35.5

360

31.4

342

29.5

Programme III

71

5.9

101

8.8

96

8.3

Intensive programme

23

1.9

28

2.4

25

2.2

PMM. (Programa Madre Maria)

0

0.0

2

0.2

1

0.1

Open system Soa Rímac

267

22.2

260

22.7

299

25.8

Programme IV

0

0.0

0

0.0

0

0.0

Programme V

267

22.2

260

22.7

299

25.8

Total

1 202

100.0

1 146

100.0

1 160

100.0

Note: the open system includes only the SOA-Rímac centre in the Department of Lima owing to the difficulty of collecting data on the provincial SOA centres.

1. In the closed system

Welcome Programme (reception and induction). This programme makes the first approach to the juveniles and prepares them to accept the process of change; the main aim is to instil the juveniles with a feeling of safety and confidence in the system.

Programme I (acceptance and persuasion). Juveniles entering a juvenile centre begin their social rehabilitation in this programme. The fundamental aim is for the social tutor to establish a natural relationship with the juvenile by encouraging affective contact, trust and mutual respect as the facilitator of the rethinking process. The overall objective is to foster in the juveniles an awareness of their error and a desire to change.

Programme II (personal training). Once the goals of Programme I have been attained, the juveniles are introduced to an educational process which includes the acquisition, internalization and development of the values inherent in personal development, change of attitude towards authority, family and society, acquisition of suitable habits of behaviour, and development of personal potential by means of a set of intervention techniques. At this stage the juveniles are acquiring a greater sense of responsibility through their active participation in their own education. The overall objective is to develop in the juveniles positive attitudes and values based on a culture of peace and friendship.

Programme III (work training). Once the juveniles have made significant progress in their education they move on to this programme which, unlike the first two programmes, is semi-open. The juveniles undertake technical/vocational training without neglecting their personal training and development. The overall objective is to create conditions in which the juveniles can learn to be responsible and useful people with a commitment to themselves and to their families and communities and capable of formulating a viable life project.

Intensive programme. This programme provides measures in closed mode to help juveniles with severe and resistant behavioural problems to accept proposals for change based on education. The overall objective is to provide specialized and individualized measures designed to foster in the juveniles a sense of their need to change.

2. In the open system

The Adolescents Guidance Service (SOA). This open programme is intended for juveniles of both sexes subject to measures of social education at liberty or under the semi-release regime. The work is of a preventive and promotional nature and includes a series of coordinated activities of personal and vocational training for the juveniles and guidance for their families in the School for Parents, as well as involving the community actively in this process.

The SOA has four modes of intervention:

(a) Supervised liberty;

(b) Restricted liberty;

(c) Semi-release;

(d) Community service.

The overall objective is to provide specialized and individualized measures to ensure effective social reintegration.

11. With reference to special protection measures, please provide statistical data (including by gender, age, minority and indigenous groups, urban and rural areas) covering the years 2002, 2003 and 2004 on:

(a) The number of children involved in sexual exploitation, including prostitution, pornography and trafficking; the number of them who received recovery and/or reintegration support; and how many of the perpetrators were prosecuted;

Peru does not have a core line study on children involved in commercial sexual exploitation and trafficking. Investigations carried out by non-governmental organizations (NGOs) and cooperation bodies 23 have helped to illuminate and describe the problem but they do not furnish figures for the whole country. The project on combating the commercial sexual exploitation of children to be implemented by MIMDES in 2006 envisages the conduct of a core line study of the problem for use in the formulation of a national plan containing components of prevention, care of victims, and punishment of perpetrators. These components have in fact been included in the plan.

(b) The numbers of unaccompanied minors and asylum-seeking and refugee children, as well as the number of children awaiting expulsion;

The following information from the Ministry of Foreign Affairs became available on 30 November:

TABLE 52

Peru: Number of persons under 18 seeking asylum and recognized as refugees

Category

Age group 0 ‑17 years

Seeking asylum

69

Recognized as refugees by the State

137

Source: Ministry of Foreign Affairs.

Child refugees and asylum-seekers are given preferential treatment in terms of assistance and protection, especially when they are unaccompanied.

Chapter 1, article 2, of the Refugees Act (No. 27891) accords to unaccompanied minors refugee status and the legal protection and benefits deriving from such status.

There were no cases of expulsion of minors during the reporting period.

(c) The number of children involved in labour who are under 16, indicating the type of work;

The latest piece of statistical research on child labour in Peru (“Overview of child labour”) dates back to 2001. No similar studies have been conducted since then. The national population census carried out in 2005 will provide information for the whole country on the situation with regard to child labour.

It is estimated that Peru has about two million child workers, 25 per cent of them aged under 12.

According to the findings of the 2001 National Household Survey, the early entry of children in the 6-17 age group into the labour market is less common in urban areas, at a level of 14.2 per cent, which means 633,160 children in absolute terms. These are children working in the street in commerce and services.

(d) The number of street children and the type of assistance given to them;

The State party does not have reliable statistics on the number of street children.

MIMDES has provided services for this group of children, as described below, under the street teachers component of the INABIF National Integrated Family Welfare Programme.

TABLE 53

Peru: Children aged under 18 receiving services in the street under the INABIF Street Teachers Programme

Year

Child workers

Street children

Coordinated measures

July 2003

6 965

337

649

July 2004

5 990

258

334

December 2004

4 206

183

382

Source: MIMDES-INABIF, monthly reports of street teachers.

Design and preparation: INABIF Information Systems Unit.

The purpose of the INABIF Street Teachers Programme (PEC) is to make available to institutions and to society at large an intervention methodology and approach when implementing the measures for child workers exposed to severe risk and for street children and their families which seek to develop their capacities through education and training.

The PEC target population consists of children aged six to 18 who use the street as their main space for social interaction (children working in the street and children living in the street).

Table 53 above shows that the number of child workers and street children served by the Programme declined between July 2003 and July 2004.

B. GENERAL MEASURES OF APPLICATION

1. Activities related to the recommendations made by the Committee in connection with the second periodic report of Peru (CRC/C/15/Add.120 dated 22 February 2000)

[15] (a) Budgetary restrictions limiting a full implementation of social programmes for children, including the National Plan of Action for Children.

There is no doubt that it is of vital importance for the attainment of the specific targets of the National Plan of Action for Children and Adolescents 2002-2010 (PNAI) to allocate financial resources to the State sectors having a direct commitment to human and social development. The attainment of the PNAI targets in areas such as health, education, food security, etc., is impossible unless the State provides the necessary means of achieving the desired ends. It is clear that these resources will not only help to generate public assistance policies but will also make a contribution to capacity-building under an approach which regards human development as a strategy for combating poverty by augmenting the social capital represented largely by the nation’s children.

Article 3 of Act No. 28487, which formally established the PNAI, provides that the 2006 national budget shall include a structure in the classifier of public expenditure on children consistent with the structure under every other heading, fundamentally in order to facilitate estimates of such expenditure. To date, the Ministries of the Interior, Education, Labour, Justice and Health, the Judiciary, the Attorney-General’s Office and INEI have presented proposed expenditure classifiers; such proposals are also being considered by the Ministry of the Economy and Finance.

According to information received, both the 2006 Budget Act and the Fiscal Balance Act include legal formulas drafted in the light of the commitments to children agreed at the National Accord forum. Priority is to be given to the following budget lines:

Services for pregnant women

Health services for under-fives

Treatment of acute diarrhoeal illnesses and severe respiratory infections

Neonatal services for infants under 29 days

Support for classroom teachers

Teacher training

Maintenance of defective school infrastructure

Monitoring and quality control of water for human consumption

These proposed measures of protection add further detail to the proposals made to the Comprehensive Health Insurance Agency (SIS), the anti-poverty campaign, etc.

The resources intended for these activities have been ring-fenced in order to prevent their diversion to other activities or resource cut-backs if the 2006 financing targets are not met.

Also included in the proposals is a provision that at least 30 per cent of any new resources which become available should be directed to these activities on a priority basis until the deficits in the services are made good.

The activities planned for children under the PNAI will be subject to a single classification code in order to facilitate monitoring and the allocation and disbursement of resources.

[16] (b) Marginalization of children belonging to indigenous populations.

MIMDES has a Qatari Wawa Programme to promote the integrated development of children in the 0-6 age group of the Andean communities in Ayacucho and Huancavelica. It is hoped that this programme will reach 1,540 children in this age group and 263 families.

The Qatari Wawa Programme works to improve the patterns of interaction between adults and children on the basis of a better understanding of these young children’s needs and opinions and by encouraging their participation and sense of citizenship. It promotes positive upbringing practices, it provides training for parents, siblings and other members of the community involved in the care and education of children, and it contributes to the establishment of decentralized arrangements combining the discussion and the implementation of public policies for early childhood in harmony with the cross-cultural environment in which rural Andean children and their families live.

The National Wawa Wasi Programme (PNWW) provides integrated services for young children and seeks to meet the need for day care for under-fours, in particular those at risk and living in poverty or extreme poverty. Fourteen per cent of its national coverage 24 consists of children from indigenous groups and groups of African descent.

The National Food Aid Programme (PRONAA) operates in the rural and Andean areas of the country with its various programmes aimed at improving child nutrition, especially among the under-fives.

The Ministry of Health is implementing its National Health Strategy for the Indigenous Peoples. Furthermore, through the Comprehensive Health Insurance Agency (SIS) it is helping children of Andean and indigenous communities in Abancay, Andahuaylas, Ayacucho, Bagua, Cuzco, Huancavelica and Puno.

The Ministry of Education, in coordination with indigenous organizations and other institutions representing civil society, designs and introduces models of bilingual cross-cultural education tailored to the country’s various socio-linguistic and cultural situations. The bilingual cross-cultural approach to education is accepted by Peru’s indigenous and non-indigenous populations.

The State has formulated a National Compensation Plan which includes activities connected with the health of the people affected by the political violence, many of whom belong to indigenous communities. This Plan is intended to offer training to health personnel on the effects and harmful impact of the political violence on individuals, families and communities, to instruct them in the management of grass-roots intervention strategies, and to lobby for priority attention to be given to mental health in schools and communities. The Plan is introducing protocols, guides and modules to enhance the work of health personnel, promoting a model of community intervention to facilitate the recovery and rebuilding of the networks of communal support by forming community mutual assistance groups and carrying out preventive and promotional measures aimed at the various stages of life, arranging for clinical interventions with the direct participation of mobile teams of psychiatry and psychology professionals from hospitals and other institutions specializing in mental health throughout the country, and facilitating access to health services by bringing children, adults and old people affected by the political violence into the purview of the Comprehensive Health Insurance Agency.

These priority policies for the health regions affected by the political violence are supported by the regional governments in terms of activities and a commitment to work together for the benefit of human rights, by the universities by including the subject of mental health in the curricula of faculties of human and social sciences, and by the municipalities by introducing public policies to provide comprehensive protection of the health of the people affected by violence.

In the implementation of the National Compensation Plan the Health Ministry has the technical and financial support of the Japan International Cooperation Agency (JICA) and of the European Commission under the Food Security Support Programme (PASA).

[19] (c) Registration of births

c)  1. Activities of the State

Public policies

The PNAI 2002-2010: approved by Supreme Decree No. 003-2002-PROMUDEH dated 7 June 2002; it covers outcome No. 2 (on the right to a name and an identity for all children).

The National Equal Opportunities Plan 2000-2005: approved by Supreme Decree No. 001-2000-PROMUDEH dated 1 February 2000; it is designed to promote and guarantee equality of treatment and opportunities for women and encourage their full participation in the country’s political, social and economic life; an essential requirement for such participation is possession of a birth certificate, without which an identity document cannot be obtained.

The Political, Social and Economic Commitment for the Short Term, adopted as part of the National Accord, and the Road Map 2004-2006, adopted under the commitment “to make recognition of the human rights of children effective”. There is a proposal for free and compulsory registration of births in order to ensure the registration of all children in Peru.

The National Plan for the Restitution of Identity 2005-2009: approved by Administrative Resolution No. 772-2005-JEF/RENIEC dated 11 July 2005. This public policy of the State posits as its general objective No. 1 the documentation of the undocumented members of the country’s population, with priority given to persons living in situations of poverty or vulnerability. It further provides as strategic objective No. 1.2 the simplification of the administrative procedures for issuance of birth certificates and national identity documents.

c)  2. Measures carried out by the State

The following measures have been carried out under the public policies mentioned above:

National Register of Identity and Civil Status (RENIEC)

This measure regards children as a priority group for inclusion in the civic life and the culture conferred by an identity. Campaigns were carried out in 2004 25 to promote the processing and issuance of the national identity document (DNI), free of charge, to poor or abandoned children and to the indigenous population and people living in poverty in rural areas and Amazonia. That period saw a significant increase over 2002 and 2003 in the number of children in possession of an identity document, a shown in Table 54 below.

TABLE 54

Peru: National identity documents issued to under-18s

Year

Under-18s with DNI

% Variation

2002  26

3 116

2003

13 180

323.0

2004

196 031

1 387.3

Source: www.reniec.gob.pe.

Ministry of Heath

The Ministry of Heath introduced the free issuance of birth certificates to increase the registration coverage of new-born babies. (A sample birth certificate has been submitted on a slide.)

Institutionalization of this issue in the MIMDES sector

Approval of Ministerial Resolution No. 181-2005-MIMDES, which designates April “The month of the right to a name and an identity”.

Ministerial Resolution No. 181-2005-MIMDES provides that:

(a) It is mandatory for all MIMDES agencies and national programmes to incorporate in their intervention strategies measures to provide training and guidance in and protection of the right to a name and an identity for women and children, especially those living in situations of risk or extreme poverty;

(b) From the 2006 administrative year all the sector’s agencies and programmes must incorporate in their institutional operating plans actions or measures to contribute to the promotion and collection of information on the right to a name and an identity for the benefit of the women and children in their locality or region;

(c) A “Guide to exercise of the right to a name and an identity” has been produced for omdudsmen and other personnel working in the MIMDES field. This guide has been ratified by the members of the Inter-Institutional Panel on the Children’s Ombudsman Service;

(d) A component on the right to a name and an identity, especially for children, has been incorporated in the recently launched Transfers Programme.

Regional governments

The establishment of 30 multi-sectoral crusade missions consisting of representatives of regional and local governments, public institutions, ombudsmen, the Coordination Panel, and grass-roots social organizations.

Local governments

Signature of 336 deeds of commitment with representatives of local governments, which have agreed to join in the organization, implementation and evaluation of the National Crusade for the Right to Name and an Identity (“My Name”) in their respective jurisdictions.

Civil society

Training workshops have been held for a total of 169 staff members of MIMDES and of the offices of children’s ombudsmen. These staff members have also participated in various events organized by other institutions (International Plan, Private University of San Martín de Porres, Round Table against Poverty of the eastern cone, and the Santa Rosa canteen run by the Public Charity Organization of Lima) in order to address the topic of the right to a name and an identity and offer information about the National Crusade.

c)  3. Legislative initiatives

The MIMDES-RENIEC Technical Committee. RENIEC has put forward three legislative proposals and has already received an official favourable opinion in respect of:

Amendment of article 29 of the Civil Code to the effect that, if the father is acknowledged, in any form whatsoever, during the pregnancy or shortly after delivery, the person registering the birth is entitled to indicate the child’s surnames;

Amendment of the RENIEC Act and Regulations in order to extend from three to 30 days the stipulated time limit for the registration of babies with health institutions having a registration office. These legislative proposals will be transmitted to the Office of the President of the Council of Ministers (PCM) through MIMDES;

As a result of the work done in conjunction with the Alliance for Civil Law, which is made up of various public and private institutions, there is a proposal for amendment of the Civil Code, approved by the MIMDES sector, to the effect that children born out of wedlock may be registered in the name of the alleged father when he is absent, without this signifying official filiation. The Alliance has also conducted two consultation exercises, which supported the proposal;

Through the Alliance and with financial support from OXFAM Great Britain, lobbying activities have been carried out to secure approval of this legislative proposal;

Issuance of 174 municipal ordinances on the free registration of births and issuance of the first birth certificate and on exemption from any other payments which may be required for personal documentation.

TABLE 55

Peru: Results of the “My Name” crusade

Year

Area of intervention

Deeds of commitment signed

Municipal ordinances

Registration/ birth certificates

Provinces

Districts

2005*

28

82

84

56

6 100

* To October.

Source: MIMDES-DINNA.

[20] (d) Respect for the views of the child

The Health Ministry officially approved the Health Policies for Children on 14 February 2005. The fourth policy addresses the empowerment of children and their participation in the various activities proposed. A lobbying effort is being made to secure their involvement in the process of participatory local budgeting which is being tested in some regions of the country.

The programme on families and healthy housing promotes the development of disciplinary/upbringing models with the active participation of parents.

Education institutions have school education councils consisting of the head teacher and representatives of teachers, parents and students for the purpose of formulating the annual plan of activities to be included in the curriculum and carried out by the management.

The MIMDES Family Support Unit has been carrying out a campaign to encourage dialogue in the family which refers specifically to the need to listen to the views of the children.

[22] (e) Physical and sexual abuse of children within and outside the family.

Public policies

Article 4 of the Constitution of Peru provides that the State and the community shall furnish special protection for abandoned children and adolescents.

According to article 248 of the Children’s and Adolescents’ Code, the special courts shall declare a child or adolescent to be abandoned when he or she is subjected to maltreatment by persons having an obligation to protect them or when such persons allow others to inflict maltreatment.

The PNAI 2002-2010, approved by Supreme Decree No. 003-2002-PROMUDEH and invested with the status of legislative act by Act No. 28487, calls in outcome No. 22 for the reduction of maltreatment and elimination of sexual abuse of children and adolescents.

The National Accord of 2002 refers in its Sixteenth State Policy to “the strengthening of the family and the protection and advancement of children and young people”.

The National Government

Maltreatment and sexual abuse of children

MIMDES provides services for children nation-wide through its women’s emergency centres.

Under the National Programme to Combat Domestic and Sexual Violence (PNCVFS) a plan to prevent domestic and sexual violence against children has been carried out in three provinces in the Department of Puno, focusing on commitment and awareness-raising in relation to the problem of domestic violence.

Support was provided for the formation of the National Network against Child Abuse established under Ministerial Resolution No. 647-2005-MIMDES dated 22 September 2005. This network is headed by MIMDES and is comprised of public and private institutions; its purpose is to address in a coordinated manner the problem of child abuse and one of its most extreme forms - sexual abuse - by proposing policies and standards and designing concerted measures to help to prevent the problem, deal with it and eradicate it, all from the standpoint of the rights of the child and within the framework of the PNAI 2002-2010.

By Ministerial Resolution No. 0074-2005-ED the Ministry of Education created the Committee on Reports and Complaints (CADER), which reports to the Ministry itself and to the Regional Education Department of Metropolitan Lima.

Maltreated children units (MAMIs) have been established in hospitals to provide comprehensive care for victims of child abuse; some 10,000 cases were handled in the past three years.

Healthy child-raising practices

The Qatari Wawa (“Wake up, children!”) project has been financed by the Bernard van Leer Foundation of The Hague, Netherlands, with MIMDES as counterpart. It is implemented by the Department for Children and Adolescents. The PNAI provides its general framework, thus preventing it from appearing to be an initiative lying outside the general trend of social policy. It implements measures to meet the needs of the population identified in the course of the Allin Tayta programme. The project covers 24 widely scattered communities in the Ayacucho and Huancavelica regions. The activities are designed to promote the participation of children in the 0-6 age group, and importance is attached to the necessity to address the problems of children and early childhood from the perspective not only of satisfying basic needs (nutrition, education, health) but also of reinforcing other inputs such as emotional support which are key factors in the early stages of child development. In the light of this premise the project focuses its activities on early childhood, from birth to age three, and promotes positive child-raising practices for children in the 3-6 age group.

The INABIF National Integrated Family Welfare Programme directs and implements prevention measures and measures for the protection, care and support of the population at risk, as well as initiatives to improve family welfare.

Commercial sexual exploitation

Act No. 28251 of 7 June 2004 amended several articles of the Criminal Code relating to sexual violence against children, including both sexual abuse and the commercial exploitation of children. Attention is drawn here to the incorporation in the Code of the concepts of exploiter and user or client and of sentences of between four and six years’ deprivation of liberty.

As the lead agency of the national system for the integrated care of children, MIMDES laid down the policies and procedures for intervention in places where the commercial sexual exploitation of children takes place (Ministerial Resolution No. 624-2005-MIMDES), and local authorities have enacted local rules on the use of the Internet, etc.

Workshops have been held in conjunction with ILO under the title “Open your eyes: the commercial sexual exploitation of children”.

The MIMDES Department for Children and Adolescents (DINNA), in conjunction with the Italian non-governmental organization CESVI and the AHORA! network, put out a radio spot on the commercial sexual exploitation of children in order to publicize the content of Act No. 28251.

In conjunction with the Department for Tourism DINNA distributed the text of Act No. 28251 to tourists in the information pack provided on their entry into Peru, with a view to discouraging sex tourism.

A working party was established on the formulation and endorsement of criteria and procedures for intervention in places where the commercial sexual exploitation of children occurs; it draws its membership from representatives of the Ministry of the Interior, the Judiciary, the Attorney-General’s Office, the Ministry of Health, the Ministry of Justice, the Department for Tourism, the AHORA! network, the FRESIA network, etc.; its aim is to produce guidelines to facilitate the detection and punishment of persons involved in sexual exploitation (procurers, pimps, clients, etc.) and the proper care of children who fall victim to such exploitation.

DINNA coordinates the national network to combat the commercial sexual exploitation of children (AHORA! network), which is made up of national and international NGOs, international cooperation agencies, United Nations bodies, the coordination units of other social networks, and other State agencies. The network has formulated a strategic plan for implementation by 2008, which is designed to eradicate this scourge.

In mid-2003 DINNA began to coordinate work with the ECPAT international organization in conjunction with a number of NGOs with a view to producing a study to facilitate a clearer national diagnosis of this problem, which in turn would facilitate the formulation of the national plan to combat the commercial sexual exploitation of children.

Under the National Programme to Combat Domestic and Sexual Violence (PNCVFS) MIMDES is carrying out prevention and other measures to deal with this problem, including campaigns in areas where it is prevalent carried out under the auspices of the women’s emergency centres (CEMs), and will shortly be giving it specific attention through a free telephone helpline.

DINNA will also formulate a comprehensive programme for the prevention of sexual exploitation of children and care of the victims.

The ILO International Programme on the Elimination of Child Labour (IPEC) is preparing in conjunction with the Ministry of Labour, MIMDES and other public and private institutions a social project to address the commercial sexual exploitation of children.

Local governments

There are currently 160 children’s ombudsmen in provincial municipalities and 515 in district municipalities. (Source: register of the DINNA Ombudsmen unit.)

Legislative rules and initiatives

The National Programme to Combat Domestic and Sexual Violence, established by Supreme Decree No. 008-2001-PROMUDEH

TUO Regulations of the Domestic Violence (Protection) Act, approved by Supreme Decree No. 002-98-JUS

Regulations of the Act establishing temporary shelters for child victims of rape, approved by Supreme Decree No. 003-2003-MIMDES

National Family Support Plan, approved by Supreme Decree No. 005-2004-MIMDES of 15 September 2004

Regulations of the Act establishing extraordinary administrative measures applicable to teaching or administrative personnel involved in acts violating sexual integrity, approved by Supreme Decree No. 005-2003-ED of 14 February 2005

Rules and procedures on the prevention of domestic violence and child abuse and care of the victims, approved by Ministerial Resolution No. 455-2001-SA-DM

Directive on grass-roots participation in publicizing and securing observance of the rights of the child, approved by Ministerial Resolution No. 141-2000-PROMUDEH

Directive issued under the protocol on care of child victims of sexual violence, approved by Resolution No. 1267 of the Attorney-General’s Office

Committee on Reports and Complaints (CADER) of the Ministry of Education, established by Ministerial Resolution No. 0074-2005-ED

Regulations of the Act establishing temporary shelters for victims of domestic violence, approved by Supreme Decree No. 007-2005-MIMDES of 10 April 2005

Formal establishment of the National Network to Combat Child Abuse by Ministerial Resolution No. 647-2005-MIMDES of 29 September 2005

[23] (f) The situation of children with disabilities

Public policies

In the context of outcome No. 4 of the PNAI (on special needs of identified, treated and rehabilitated children) RENIEC approved 27 the provision of free DNI processing for persons with disabilities and introduced a travel policy, in coordination with the municipal offices for the disabled, special education schools and civil society, to make it easier for persons with disabilities to acquire their documents, including home visits to persons whose disability prevents them from attending a registry office.

The decade 2003-2012 was declared the Decade of Inclusive Education, 28 and the Ministry of Education acquired the obligation to present on the National Day for Persons with Disabilities (16 October) a report to the country on activities and achievements in the area of disability.

Where mental disability is concerned, an effort has been made to develop a programme of “community-based rehabilitation” designed to expand the activities using simple and proven scientific methods and community resources.

Measures have been introduced to provide alternatives to internment: there are in fact no measures involving the internment of persons with disabilities, including those suffering from mental disorders; the specialist hospitals do not use hospitalization but seek to secure social integration with the support of the family.

Strategies of the Peruvian State: campaigns to enhance public awareness

In 2004 the Special Commission on the Study of Disability and the Programme to Combat Poverty in the Marginal Urban Areas of Metropolitan Lima (PROPOLI), established under an agreement between the European Union and the Peruvian Government, implemented in 10 districts of Lima an awareness-raising campaign entitled “Disability is not incapacity: let’s get rid of our prejudices”; it was aimed at the printed media and society at large and stressed the importance of abandoning prejudices and discriminatory attitudes towards disabled persons. 29

The campaign also sought to inform people about the functions of the municipal offices for the care of persons with disability under the Persons with Disability (General) Act (No. 27050) and the Municipalities (Organic) Act (No. 27972). Three thousand posters were put up in public places, 150,000 leaflets were distributed, and radio and television spots were broadcast.

The Peruvian Airports and Commercial Aviation Corporation produced a handbook to facilitate airport access for all persons with a sensory, physical or mental disability.

In the districts of Comas, Ventanilla, Ate and San Juan de Lurigancho MIMDES lobbied PROPOLI for the approval of municipal ordinances on the integration of persons with disabilities and on support for children’s right to a name and an identity. In addition, under an agreement with the National Institute for Statistics and Information (INEI) it has been conducting a census in the 10 districts of Lima to establish a register and description of the vulnerable population in order to provide detailed and up-to-date information on the number of persons in this population group and on their social and personal characteristics.

Five “integration parks” were created in the districts of Villa El Salvador, Lurín, Comas, Ventanilla and San Juan de Lurigancho: they are specially designed and built to facilitate use by persons with disabilities and to integrate them with the rest of the community. Five “Europa” integrated parks will be created in the districts of San Juan de Miraflores, Villa María del Triunfo, Pachacamac, Puente Piedra and Ate.

Legislative measures

Declaration of the year 2000 as the Year of the Rights of Persons with Disabilities i

Adoption of the Act on the elimination from State health and food programmes of discrimination against persons with disabilities by reason of their mental and/or physical problem ii

Adoption of the Act on the promotion of Internet access for persons with disabilities and adaptation of public Internet booths iii

[24] (g) Persistence of regional disparities in access to health care and high rates of malnutrition of children;

Public policies

The PNAI 2002-2010: strategic objective No. 1 (on ensuring a healthy start in life for children aged 0 to 5 years; and outcome No.1 (on development of conditions for healthy and safe maternity and birth).

Progress made by the State in providing access to health services

In the period of almost four years since its creation the Comprehensive Health Insurance Agency (SIS) has so far succeeded in affiliating 9,993,345 persons from poor and extremely poor households living mostly in the country’s rural and marginal urban areas (81.6% of the total membership), of whom 3,094,726 are beneficiaries in the 0-4 age group and 6,141,316 in the 5-17 age group.

Out of the total SIS membership, 84.4 per cent belong to the first three income quintiles, and 97 per cent of the 57.5 million benefits to members were provided in Health Ministry posts, centres and local hospitals.

With regard to antenatal and childbirth services provided by health professionals by area of residence and level of education, 71 per cent of births were attended. The lowest rates of coverage are found among women with no education, women with the largest numbers of children, and women living in rural areas. The proportion of births attended by health professionals in Metropolitan Lima (97%) contrasts with the low level of 51 per cent found in both mountain and forest regions. (Source: ongoing ENDES 2004, preliminary report.)

According to the SIS membership database, the childbirth coverage has increased considerably in the past two years, in rural areas from 24 per cent in 2000 to 44 per cent in 2004. Furthermore, 76.5 per cent of pregnant women affiliated to SIS attend health establishments for pregnancy checks and care.

Progress by the State in reducing the rates of child malnutrition

The infant mortality rate per 1,000 live births among children aged under five years has fallen in the past four years by one third of its 2000 level. (Source: ongoing ENDES 2004.)

[25] (h) Limited access to education for children belonging to indigenous groups);

Public policies

The PNAI 2002-2010: strategic objective No. 2 (on providing quality basic education for all children aged 6 to 11 years); and outcome No. 8 (on quality cross-cultural basic education for all children)

The National Plan to Combat Poverty 2004-2006, approved by Supreme Decree No. 064-2004-PCM

Action taken by the State

Creation in the Ministry of Education of the National Office for Bilingual Cross-Cultural Education by Supreme Decree No. 018-2001-ED

Formation of the Multi-Sectoral Committee to Promote the Education of Rural Children by Supreme Decree No. 001-2003-ED

Progress by the State 30

National languages bill drafted in consultation with organizations representing the country’s languages and cultures and submitted to the Commission on the Amazonian Region and Indigenous and Afro-Peruvian Affairs of the Congress of the Republic

Inclusion of bilingual cross-cultural education in the draft reform of the Constitution

Formulation of the policy on the treatment of languages and appropriate socio-linguistic curriculum content

Policies and the annual operating plan 2003 of the Department of Bilingual Cross-Cultural Education agreed with the National Advisory Council on Bilingual Cross-Cultural Education, whose membership includes representatives of indigenous languages and cultures

Formation of a group of bilingual teachers to produce basic linguistic materials (recordings, text processing, text analysis)

Establishment of an information technology and communications unit in the organisational structure of the National Office for Bilingual Cross-Cultural Education (DINEBI)

Establishment of a group of official translators in the Ministry of Education

Production of an automated Quechua-Spanish translation system and two Quechua proofreading systems

Production of educational materials and electronic support facilities in indigenous languages

Related social projects

Creation of conditions for cross-cultural mediation (Catholic University of Temuco, Chile)

Hispano-American Linguistic Atlas project

Bilingual Cross-Cultural Classroom project ( La Serpiente de Agua )

Andean Bilingual Cross-Cultural Classroom project (Quechua/Aymara)

National legislation relating to this topic directly or transversally

Rules of Procedure of the Multi-Sectoral Committee to Promote the Education of Rural Children, approved by Ministerial Resolution. No. 061-2003-ED

Regulations on the management of the education system, approved by Supreme Decree No. 009-2003-ED

Regulations on regular basic education, approved by Supreme Decree No. 013-2004-ED (arts. 27, 36 and 37)

Regulations on alternative basic education, approved by Supreme Decree No. 015-2004-ED (arts. 33 and 47)

Regulations on special basic education, approved by Supreme Decree No. 002-2005-ED

Regulations on community education, approved by Supreme Decree No. 013-2005-ED dated 22 and 25 June 2005

National Guidelines and Rules on the management of institutions of basic education and technical education for production (2005), approved by Ministerial Resolution No. 0048-2005-ED

Specific policy outline of education policy, April 2004 to December 2006, approved by Supreme Decree No. 006-2004-ED dated 15 April 2004

Regulations on community education, approved by Supreme Decree No. 013-2005-ED dated 22 and 25 June 2005

Guidelines on the receipt, distribution and use of educational materials for bilingual cross-cultural education, approved by Directive No. 003-2004-MED/VMGP/DINEBI

Directive No. 011-2004-VMGP-ED on promotion of prompt school enrolment

Directive on implementation of the Health Promotion Programme in education institutions in 2005, approved by Ministerial Resolution No. 217-2005-MINSA dated 24 March 2005

[26] (i) Economic exploitation of children;

The Peruvian State is a signatory of ILO Conventions 138 and 182 and has raised the minimum legal age for admission to employment to 14 years. MIMDES established the list of dangerous work, which will be approved in the summer of 2006. The National Plan on the Prevention and Elimination of Child Labour and the National Plan to Combat Forced Labour have been approved. The relationship between the State and ILO/IPEC has been reinforced in the various areas where activities are coordinated with the public sectors, such as the National Steering Committee on the Prevention and Elimination of Child Labour. This Committee has made proposals for the general adaptation of Peruvian legislation to the two ILO Conventions, and a corresponding bill is before the Congress of the Republic.

MIMDES introduced through PROPOLI a policy for working with children in 10 districts of Lima in 2005. Some 600 childs workers attended workshops to improve their study skills and enhance their self-esteem under the Programme on the Integrated Development of Child Workers. The social and economic integration of vulnerable children was improved in the 10 districts in which PROPOLI operates.

Through its Department for the Protection of Child Workers the Ministry of Labour and Job Creation (MINTRA) has continued to provide registration, authorization and supervisory services in respect of workplaces where children are employed, protecting them against economic exploitation and the performance of work which is dangerous or harmful to their health or their physical, mental, spiritual, moral or social development.

[28] (j) Administration of juvenile justice, including the poor conditions in detention centres;

The year 2004 saw the creation of 10 family courts, boosting their total number from 76 to 86, with one higher court in the judicial district of Lima, as shown in Table 56 below.

TABLE 56

Courts of justice

Type

2002

2003

2004

Higher family courts

1

1

1

Family courts

76

76

86

Mixed courts

228

232

249

Magistrates courts

373

374

419

Source: the Judiciary.

It must be pointed out that all these types of court hear family cases, including cases of juveniles who have broken the criminal law. From 2005 the magistrates courts have exclusive jurisdiction in the first instance to hear cases involving maintenance.

With regard to the poor conditions in juvenile detention centres, while it true that the centres are subject to budgetary constraints, both physical and operational improvements have nevertheless been achieved by proper management of the centres between 2003 and the present in the following respects.

(a) Infrastructure. Measures have been carried out in the 10 juvenile detention centres involving construction, remodelling, extension and overall maintenance of the existing infrastructure; this has facilitated optimal application of the social and educational measures of the social reintegration system, such as:

Replacement and comprehensive redesign of the electrical system in the Alfonso Ugarte juvenile diagnosis and rehabilitation centre (CJDR) in Arequipa

Approval of the expert technical report under the integrated study “Extension and improvement of the service-delivery capacity of the El Tambo-Huancayo CJDR”

Demolition of the water tank put out of use by structural collapse in the Lima CJDR

Completion of the construction of the perimeter fence around the land adjacent to the Santa Margarita CJDR

Completion of the work of replacement and comprehensive redesign of the water and drainage systems in the Santa Margarita CJDR

Comprehensive remodelling of the kitchen in the centre of the Adolescents Guidance Service (SOA)

Construction of an administrative unit in the Trujillo CJDR

Visual inspection of the Lima CJDR for comprehensive assessment of the existing infrastructure

Completion of the work on the perimeter fence adjoining the property owned by INABIF in the José Quiñones Gonzáles CJDR

It should be pointed out that even under the austerity measures ordered by the Judiciary general maintenance work has been performed in each of the 10 juvenile centres.

(b) Improvement of the operation of the system for the social reintegration of juvenile offenders, for which the following measures were carried out:

Personnel training designed to improve strategy implementation, and socio-educational training for juveniles.

Drafting and updating of instruments regulating the management of the social reintegration system in the juvenile centres:

Revision of agreements with various NGOs and Education Management Units (UGEs)

Support for institutions in the public and/or private sectors to facilitate the socio-educational work of the social reintegration system (physical and mental health, leisure activities, etc.)

Access to the Comprehensive Health Insurance Agency (SIS) for juveniles in the country’s nine juvenile centres

Expansion of the socio-educational measures (open system) of the juvenile centres in the provinces

Monitoring of juveniles transferred to day-attendance or released

Participation of interned juveniles in conferences on the rights of the child

Opening of a computer workshop for juveniles under the Adolescents Guidance Service (SOA)

On the question of ensuring that deprivation of liberty is used only as the last resort:

As a result of the training of magistrates and other judicial personnel, greater emphasis is given to the use of alternatives to deprivation of liberty; this shift is illustrated by the fact that a larger proportion of cases receive attention in the open system than in the closed system.

2. Please indicate whether the Convention on the Rights of the Child has been invoked directly in domestic courts and, if so, please provide examples of such cases.

The Convention on the Rights of the Child is invoked in the national judicial system: judges are required to take a human rights approach in their judicial decisions; article 55 of the 1993 Constitution states: “The treaties concluded by the State which are in force shall form part of national law”; in addition, judges are empowered to exercise the broad control provided for in article 138, paragraph 2, of the 1993 Constitution, which states: “In any proceedings, if a constitutional rule is incompatible with a legal rule, judges shall give preference to the constitutional rule (...)”.

3. Please provide additional information on measures taken to improve the system for collection of disaggregated data on children under 18 in all areas under the Convention.

On the question of the measures taken to improve the system for collection of disaggregated data on children attention may be drawn to the publication “ Estado de Niñez en el País ” (Situation of children in the country) produced by UNICEF and the National Institute for Statistics and Information (INEI), which collaborated on the collection and analysis of information from several sources with a view drafting a single paper on the situation of children in Peru.

4. Please further elaborate on how the Convention’s implementation is coordinated across the action of different relevant ministries, including the State and local levels. If this coordination is the responsibility of the Department for Children and Adolescents within MIMDES (Ministry for Women and Social Development), please provide the Committee with information on the mandate, powers and budget for this coordination activity.

National level

The Multi-Sectoral Committee established to implement the measures set out in the PNAI 2002-2010

The State adopted the PNAI 2002-2010, which is based on the Convention on the Rights of the Child.

In addition, by Supreme Decree No. 014-2002-MIMDES it created the Multi-Sectoral Committee responsible for implementing the measures set out in the PNAI and for monitoring and evaluating their implementation in order to secure the effective attainment of the Plan’s objectives, outcomes and targets within the indicated time limits.

The Committee is chaired by the Deputy Minister for Women of MIMDES, which provides the technical secretariat; the other members are a representative of the Office of the President of the Council of Ministers, a Deputy Minister from the Ministry of the Interior, a representative of the Teaching Division of the Ministry of Education, the Deputy Minister for Employment of the Ministry of Labour, the Deputy Minister for Justice, the Deputy Minister for Health, the Deputy Minister for Housing of the Ministry of the Economy and Finance, the President of the Supreme Court or his representative, the Attorney-General of the Nation, and the head of INEI.

The Committee has the following functions:

To coordinate the implementation of the measures contained in the PNAI 2002-2010

To monitor and evaluate the implementation of the PNAI 2002-2010

To review the PNAI 2002-2010 and prepare a proposal for bringing it into line with the State policies set out in the National Accord

To produce an annual progress report on the PNAI 2002-2010 addressing the regional, sectoral and national levels; this report is to be included in the annual presentation made by the President of the Council of Ministers to the Congress of the Republic under Act No. 22766

The National Network to Combat Child Abuse

The National Network to Combat Child Abuse was formally established by Ministerial Resolution No.  647-2005-MIMDES. The Network is headed by a representative of MIMDES and is made up of representatives of the Ministries of Health, Education and the Interior, the Judiciary, the Attorney-General’s Office, and INEI, as well as representatives of institutions of civil society and international cooperation agencies.

The purpose of this Network is to address the problem of child abuse in a coordinated manner, treating sexual abuse as one of its most extreme forms, to propose policies and rules, and to formulate concerted measures to help to prevent child abuse, deal with it and eradicate it, all from the standpoint of children’s rights.

The National Network to Combat the Commercial Sexual Exploitation of Children (AHORA!)

MIMDES is responsible for running the AHORA! network, which is made up of representatives of the Ministries of Health, Education, the Interior, and Foreign Trade and Tourism, the Judiciary, and the Attorney-General’s Office, as well as representatives of institutions of civil society and international organizations working on this problem.

Its aims are to:

Increase awareness of the problem of the commercial exploitation of children and enhance its status among the public at large

Place the problem on the public agenda and the agenda of civil society

Promote the participation of the various public and private institutions in the construction and introduction of models of intervention to tackle the problem

The Standing Multi-Sectoral Working Group against Trafficking in Persons

This Working Group was established by Supreme Decree No. 002-2003-IN. Its secretariat is provided by the Ministry of the Interior and it is made up of representatives of the Judiciary, the Ministries of Education, Foreign Affairs, Health, Women and Social Development, Labour and Job Creation, and Justice; representatives of civil society and international bodies also participate.

The National Steering Committee on the Prevention and Elimination of Child Labour

This Committee, which is responsible for the multi-sectoral coordination of public institutions and non-profit private institutions, has been working intensively on the prevention and elimination of child labour and its worst forms; it was created by Supreme Resolution No. 018-2003-TR with the acronym CPETI.

Local level

As part of the decentralization process under way since 2003 the design and implementation of regional public policies for children have been promoted on the basis of a viable representative and concerted proposal for the coordination of the efforts of the institutions of the State and civil society working locally on matters affecting children with the participation of the children themselves, with an eye to their subsequent involvement in the drafting of their own participatory budgets.

To date, regional action plans for children have been introduced in Cajamarca, Moquegua, Cusco and Puno; the provinces of Trujillo and Ica have their local plans, and such plans are close to completion in the provinces of Ucayali, Tacna, Apurimac, Lambayeque, and Madre de Dios.

5. Please inform the Committee of any progress achieved through the National Plan against Poverty 2004-2006.

Following the economic adjustments of the 1990s a start is now being made on programmes to alleviate poverty, in the belief that this problem will be a short-term one. Most of the programmes consist of welfare measures.

However, time taught that this was not the most appropriate approach. Accordingly, early in 2001 the State called upon all its citizens to agree on major national objectives and on the embodiment of these State policies in a National Accord. One fundamental element of this Accord was the decision to produce a National Plan to Overcome Poverty, marking a shift from a welfare approach to a capacity-building approach. Efforts are also being made to involve organized society in this strategy by establishing a national system of round tables for the fight against poverty.

This was the context in which the National Plan was drawn up; it is not yet possible to make an accurate evaluation of the progress achieved under the Plan during the period which it covers.

However, on the question of the State’s fight to overcome poverty attention is drawn to some information which can give an approximate idea of the present situation:

(a) In recent years (2001-2004) poverty and extreme poverty have declined in both urban and rural areas. Overall poverty has fallen by 2.8 per cent - urban by 6.9 and rural by 4.6 per cent; for extreme poverty those figures are 4.9, 5.2 and 9.5 per cent respectively. This decline in poverty, chiefly in rural areas, does not correlate to the levels of economic growth in the same period but rather to processes of economic initiative not captured by the growth variable;

(b) Nevertheless, the rate of chronic child malnutrition remains high. According to the National Demographic and Family Health Survey (ENDES 2000) and the nutrition monitoring system (MONIN, 2002 and 2004), the rate of chronic malnutrition among under-fives is between 25 and 26 per cent, much higher than the Latin American average, and it is increasing in rural areas. Given the effects of malnutrition on its victims, this problem is today becoming one of the chief priorities of social policy;

(c) Expenditure on the education of children increased in 2000-2005 as a cumulative variation, but as a proportion of total spending it fell by 12.5 per cent. It is thus necessary to augment expenditure on children, and to this end efficiency savings are being achieved in the management of social policies so that more resources can be allocated to such expenditure and the financial scale of the policies can be increased, on the basis of coordination of the benefits of economic growth and social development;

(d) MIMDES resources, or more specifically the investment budget of PRONAA, were augmented from 271.13 million new soles in 2001 to 359.8 million in 2004, a cumulative increase of 32.7 per cent representing a cumulative investment of 1,130.45 million new soles in 2001-2004. In the interior the investment in nutritional programmes serving children aged under three years rose from 134.36 million new soles in 2001 to 267.9 million in 2004, a cumulative increase of roughly 100 per cent. Investment in nutritional programmes increased as a proportion of PRONAA expenditure from 49.5 per cent in 2001 to 74.4 per cent in 2004. The nutritional programmes are currently being revised, as part of the strengthening of the sector’s social policies, in an effort to deliver a greater impact on the reduction of chronic child malnutrition.

6. Please update the Committee on the progress of the “Huscarán” and “Rural Education and Magisterial Development” programmes in the field of education as well as of the different programmes in the field of health within the National Food Aid Programme (PRONAA).

TABLE 57

Peru: Status of the National Food Aid Programme (new soles)

PACFO

PANFAR

Total

2003

Beneficiaries

298 253

33 070

331 323

Food rations

42 033 639

5 315 429

47 349 068

TM

5 616.35

3 777.06

9 393

Investment

35 083 567

9 395 341

44 478 908

2004

Beneficiaries

316 352

77 256

393 608

Food rations

67 458 102

7 845 010

75 303 112

TM

8 705.29

4 968.20

13 673

Investment

63 005 199

12 653 217

75 658 416

2005

Beneficiaries

313 199

73 719

386 918

Food rations

112 751 640

8 846 280

121 597 920

TM

10 147.65

5 962.40

16 110

Investment

72 414 729

14 044 222

86 458 951

Source: MIMDES-PRONAA.

Note: in 2002 the PACFO and PANFAR programmes were run by the health sector.

In 2003 PRONAA reached 331,323 under-sixes through these two programmes, supplying 47,349,068 food rations and spending 44,478,908 new soles.

In 2004 PRONAA reached 393,608 under-sixes through these two programmes, supplying 75,303,112 food rations and spending 75,658, 416 new soles.

In 2005 PRONAA reached 386,918 under-sixes through these two programmes, supplying 121,597,920 food rations and spending 86,458,951 new soles.

TABLE 58

Peru: Status of the Huscarán programme

Item

Total

No. of schools involved (served by the programme) (1)

3 000

No. of schools partially served (2)

2 735

No. of schools fully served (3)

1 379

Total investment (soles)

135 305 000

No. of beneficiaries

2 527 045

No. of teachers trained

45 864

Source: Ministry of Education (Huscarán programme).

7. Please provide updated information on the dissemination of the Convention and the State party report and on efforts made to provide training, awareness of the Convention and of human rights in general, to children, parents, teachers, social workers and other professionals working with and for children in all parts of the State party.

The Ministry of Education introduced in the basic design of the curriculum for primary and secondary education (Ministerial Resolution No. 0019-2004-ED) an obligation to inform students about and train them in the exercise of their rights; to this end the Universal Declaration of Human Rights was incorporated in the curriculum (Ministerial Decree No. 009-2004-ED).

Peru’s school curriculum has incorporated at the pre-primary, primary and secondary levels information about and training in the rights of the child as one of the curriculum objectives.

The third periodic report of Peru to the Committee on the Rights of the Child is available to the public on the MIMDES website: www.mimdes.gob.pe .

The numbers of persons nation-wide who have been trained to work as children’s ombudsmen are shown in Table 59 below.

TABLE 59

Peru: Trained personnel of children’s ombudsmen’s offices, by year

Year

Personnel

Year

Personnel

1998

1 021

2003

434

1999

1 820

2004

411

2000

353

2005

1 103 *

2001

580

Total

6 335

2002

613

* Preliminary figure.

Source: MIMDES, Department for Children and Adolescents (Ombudsmen’s Division), as at 15 November 2005.

8. Please indicate the role of non-governmental organizations in the implementation of the Convention as well as in the process of preparation of the State party report, if any.

The function of non-governmental organizations working on children’s issues is to ensure the full exercise of children’s rights and contribute to their general welfare within the framework of the Convention on the Rights of the Child.

In this connection, on 12 May 2005 the National Action Group for the Rights of the Child organized a Children’s Forum to examine the progress made in the application of the Convention, to produce an analysis of the situation of children in Peru, and to identify regional and local proposals and recommendations to make a contribution to the drafting of the third periodic report to the Committee on the Rights of the Child.

9. Please indicate the issues affecting children that the State party considers to be priorities requiring the most urgent attention with regard to the implementation of the Convention.

The right to a name

Children’s upbringing and early development

Maltreatment and sexual abuse of children

Commercial sexual exploitation of children

The worst forms of child labour

All these priorities are acknowledged in the policies of the State, as well as in the National Accord, the PNAI and the National Plan to Overcome Poverty.

PART II

Please provide the Committee with copies of the text of the Convention on the Rights of the Child in all official languages of the State party as well as in other languages or dialects, when available. If possible, please submit these texts in electronic form.

Not available.

PART III

Updating of the report

1. New bills or legislation promulgated in relation to the implementation of the Convention.

(a) Public policies

Act No. 28487 was published on 11 April 2005; it invests the PNAI 2002-2010 with the status of legislative act; the PNAI itself was drafted on the basis of the Convention. This development offers an important opportunity to provide new horizons for the attainment of the targets set in the Plan, especially as article 3 states that the national budget must include under each head an activity numerator within the functional programme classifier relating to the PNAI.

The President of the Council of Ministers was placed under an obligation to report to the Congress of the Republic on the progress made in the implementation of the PNAI; and 25 March was designated the “Day of Children yet to be Born”. iv

A Multi-Sectoral Committee was established v to take responsibility for the implementation of the PNAI, which was invested with the status of legislative act; vi it is consequently mandatory for the public and private sectors to implement the Plan. The Ministry of the Interior vii and the Attorney-General’s Office viii have implemented sectoral plans.

The National Plan on Equality of Opportunities between Men and Women 2000-2005 was enacted, ix as was the National Plan of Action for Equality of Opportunities between Women and Men 2006-2010. x

The education policy for human rights was set out in a national plan xi on the mandatory dissemination and teaching of the Constitution, human rights and international humanitarian law in the education systems, both civil and military.

The Family (Consolidation) Act xii and the National Plan on Support for the Family 2004-2011 xiii were adopted. Their implementation was entrusted to a multi-sectoral committee. xiv

The protection of pregnant women performing work posing a risk to their health and/or the normal development of the embryo and foetus was established as a State policy, xv and the National Guide to the Comprehensive Care of Sexual and Reproductive Health xvi and the Technical Rules on Family Planning xvii were formally adopted.

(b) Legislative progress in the protection of the rights of the child

b) 1. The right to a name

Regulations were introduced on extra-matrimonial judicial filiation. xviii Regulations on the children’s national identity document were introduced under the auspices of the National Register of Identity and Civil Status (RENIEC), xix and campaigns were carried out to publicize the free processing and issuance of the national identity document for poor or abandoned children, xx indigenous children, and children living in Amazonia and other rural areas. xxi A national plan for the restitution of identity entitled “Documentation of undocumented persons” was formally adopted, xxii and the standard pelmatoscopy form for the registration of children in the Single Register of Identity was approved. xxiii The Office of the National Ombudsman issued a report entitled “Exercise of the rights of children born out of wedlock to an identity and to equal treatment in the registration of births”. xxiv MIMDES issued rules on the “registration of the births of unnamed children using the protection services provided by INABIF” xxv and designated April as “National Month of the Right to a Name and an Identity”. xxvi

b) 2. Food rights

The procedural rules on food aid were simplified. xxvii

(b) 3. Rights to breastfeeding and food supplements

The Regulations on Children’s Diet xxviii and the Technical Rules on Maternal Nutrition xxix and on Child Nutrition xxx were issued. Instructions were issued for the fortification of flour with micro-nutrients, xxxi the Regulations on Children’s Diet xxxii were approved, and the use of potassium bromide in the production of bread and other food products for human consumption was prohibited. xxxiii

(b) 4. Right to protection in the event of disability

The year 2003 was declared “Year of the Rights of Persons with Disabilities”, xxxiv the Act prohibiting discrimination against persons with disabilities by reason of their mental and/or physical deficiencies in the health and food programmes of the State was adopted, xxxv as was the Act facilitating Internet access for persons with disabilities and the adaptation of public Internet booths. xxxvi

(b) 5. Right to health (STI/HIV)

The Comprehensive Health Insurance Agency (SIS) was created under the auspices of the Ministry of Health, xxxvii with priority assigned to benefits payable under the mother and child components, xxxviii grass-roots and Wawa Wasi organizations, xxxix and children aged 0-4 years and 5-17 years. xl The Technical Rules on “Integrated health services for excluded persons and persons living in remote areas” were approved. xli The Healthy Municipalities and Communities Programme xlii was approved, and the programme on treatment of common childhood diseases was officially introduced as an intervention strategy under the Integrated Health Services policy. xliii Some sets of technical rules on the cultural adaptation of childbirth services and on specialized care for adolescents, such as the ones on vertical delivery xliv and on integrated health services, were approved. xlv Exemption from general taxes and tariffs on medicines for the treatment of HIV/AIDS was approved, xlvi the health sector issued technical rules on the prevention of the vertical transmission (mother to child) of HIV, xlvii and the education sector issued a directive on the provision of information on STIs and HIV/AIDS for adolescents in schools. xlviii

(b) 6. Right to education and cross-cultural education

Several State policies were introduced under the General Education Act; xlix the rules on promotion of the education of rural girls l and its Multi-Sectoral Committee were approved, li and the Bilingual Cross-Cultural Education Act was adopted. lii The Act eastablishing the National Institute for the Development of Andean, Amazonian and Afro-Peruvian Peoples was also adopted. liii

(b) 7. The worst forms of child labour

The National Plan on the Prevention and Elimination of Child Labour was approved. liv The Children’s and Adolescents’ Code was amended to bring the minimum age for admission to employment into line with ILO Convention No. 138. The National Steering Committee on the Prevention and Elimination of Child Labour was established, lv and the National Plan on the Prevention and Elimination of Child Labour in Peru was approved. lvi

(b) 8. Juveniles in conflict with the law

Regulations were introduced on the conduct of socio-educational activities in juvenile detention centres. lvii

(b) 9. Rights to participation

The National Council on Youth was created. lviii The education sector issued a Directive on encouragement of the participation of adolescents and promotion of democratic values, lix and rules were introduced on the preferential treatment to be given to pregnant women, children and the elderly in public places. lx

(b) 10. Children victims of political violence or sexual exploitation

The Framework State Programme on comprehensive compensation for persons and areas affected by the internal armed conflict was adopted. lxi The Criminal Code was amended with regard to offences against sexual integrity, violation of sexual integrity, procuring, trafficking in children, sex tourism, and acts of public indecency, lxii restrictions were placed on children’s access to pornographic websites , lxiii policies and procedures for intervention in places of commercial sexual exploitation of children were approved, lxiv temporary shelters for children victims of rape were created, lxv and the National Network Against Child Abuse was established. lxvi As the lead agency of the national system for the integrated care of children and adolescents, MIMDES issued guidelines on intervention in cases of sexual exploitation; national and local rules on use of the Internet were approved, lxvii the networking strategy was reinforced, lxviii efforts were made to increase the reporting of cases, and social workers and personnel of the judicial system received training.

(b) 11. Children deprived of a family environment and placed institutions; adoption

MIMDES was invested with powers to conduct research on guardianship and tutorship arrangements, lxix the Act granting work permits in connection with adoption was approved, lxx as were the Regulations on the Administrative Procedure for the Adoption of Children. lxxi The Act regulating the placement of children in houses or villages for children and juveniles lxxii and the Regulations on the registration and supervision of institutions providing shelter for children lxxiii were adopted.

(b) 12. Trafficking in children and abduction of children

Peru acceded to the Inter-American Convention on International Traffic in Minors lxxiv and the Inter-American Convention on the International Return of Children lxxv and created the Standing Multi-Sectoral Working Group on Trafficking in Persons. lxxvi In addition, the National Register of Information on Disappeared Persons was created, lxxvii and special courts were designated to hear cases under the Hague Convention on the Civil Aspects of International Child Abduction. lxxviii

(b) 13. Environmental rights

The National Plan on social participation and multi-sectoral commitment to strengthen management of the environment was adopted with a view to reducing morbidity and mortality connected with pollution by lead and other heavy metals. lxxix

2. New institutions

Inter-Ministerial Committee on Social Affairs

This Committee is comprised of Ministers of State and it is responsible for the coordination, formulation, monitoring and evaluation of social policies and their implementation.

National Council on Youth

This Council provides a space for encounters between young members of civil society and the Government in connection with the design of youth policies. Its purpose is to promote and coordinate State policies for the integrated development of young people.

Family and Community Department

MIMDES created the Family and Community Department and the Department for Support and Consolidation of the Family to contribute to the implementation of the National Plan for Support of the Family.

3. Newly implemented policies

(a) Policies to overcome poverty

The Government’s social policies were drawn up in the context of the Millennium Development Goals and the National Accord, taking a cross-cutting approach to human rights and social inclusion. To achieve this end it has public policy instruments such as the National Plan to Overcome Poverty 2004-2006, the National Food Security Strategy, the National Social Development Strategy, the National Plan on Competitiveness, and the Comprehensive Compensation Programme.

(b) Public funds allocated to children

The identification of public funds allocated to children was established as a State policy. To this end the PNAI 2002-2010 was invested with the status of legislative act, and a public expenditure classifier was introduced for the sectors represented on the Multi-Sectoral Committee on the PNAI.

(c) Policy on decentralization and strengthening of the lead roles of regional and local governments

The National Decentralization Plan 2004-2006 was approved, lxxx together with a strategy for national development coordinated with the regional and local objectives. The lead role of the regional and local governments in the national system for the integrated care of children was strengthened by a policy of providing technical assistance with the design and implementation of regional and local plans on measures for children, properly coordinated with civil society. An effort is thus being made to enhance national, regional and local well-being and establish an upward trend in the contribution of the regions to the national GDP. A start has been made on the decentralization of State programmes to the regional and local governments, including the National Food Aid Programme.

4. Newly implemented programmes and projects and their scope

The struggle against the sexual exploitation of children

Financial assistance was secured from the Kingdom of Belgium in the amount of 2.5 million euros for the prevention of the sexual exploitation of children and for the care and rehabilitation of its victims in the country’s 10 regions for a period of four years.

Qatari Wawa (Forward, children!)

This project is a continuation of the Allin Tayta (Good Daddy) project (2000-2004) and the Qusisqa Wawa (Happy Childhood) project (1988-2000). It promotes the integrated development of under-sixes living in Andean communities in Ayacucho and Huancavelica by building up the capacities that will enable them to participate more fully and gain access to and exercise of their rights. It involves all the members of the nuclear family (parents, children, siblings) as well as community leaders.

Comprehensive programme to combat domestic and sexual violence in Ayacucho

This programme strengthens Peru’s capacity to prevent and reduce the incidence of domestic violence and provide treatment for the victims. It establishes local systems for the prevention of domestic and sexual violence against women and children in a region which suffered from the political violence. The project’s budget amounts to 2,232,915 euros over a period of four years.

Transfer programme

This money-transfer programme pays a cash subsidy to the country’s poorest families as an incentive for them to fulfil their undertakings to participate in a number of programmes in the fields of health, nutrition, education and development of a sense of citizenship, within a context of restoration of fundamental rights. This programme seeks to build up human capital by interrupting the inter-generational transmission of poverty, encouraging families to use the services, and narrowing the incomes gap, especially with regard to income for spending on food. It is currently running in Ayacucho, Huanuco, Huancavelica and Apurimac; the transfers amount to approximately $US 30 per family.

Acronyms

CEISPre-school education centres

CEMWomen’s emergency centre

CJDRJuvenile Diagnosis and Rehabilitation Centre

CONADISNational Council for the Integration of Disabled Persons

CPETISteering Committee on the Prevention and Elimination of Child Labour

DEVIDANational Commission for Development and Life without Drugs

DINNADepartment for Children and Adolescents

DNAChildren’s Ombudsman

DNINational Identity Document

DINEBINational Office for Bilingual Cross-Cultural Education

ECPATEnd Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes

ENDESNational Demographic and Family Health Survey

FONCODESCooperation Fund for Social Development

INEINational Institute for Statistics and Information

INABIFNational Family Welfare Institute

IPECInternational Programme on the Elimination of Child Labour

MAMIUnit for maltreated children

MIMDESMinistry for Women and Social Development

MINCETURMinistry for Foreign Trade and Tourism

MINEDUMinistry of Education

MININTERMinistry of the Interior

MINSAMinistry of Health

MINTRAMinistry of Labour and Job Creation

PACFOProgramme of Food Supplements for Higher-Risk groups

PROMARNFood and Nutrition Programme for abandoned children and children at nutritional risk

PANFARFood and Nutrition Programme for high-risk families

PCMOffice of the President of the Council of Ministers

PECStreet teachers Programme

PER-4804Food aid project for pre-school and primary children in rural areas

PNAINational Plan of Action for Children and Adolescents

PNPNational Police of Peru

PROMUDEHMinistry for the Advancement of Women and Human Development

PRONAANational Food Aid Programme

PRONOEISProgramme of Non-School Initial Education

PROPOLIProgramme to Combat Poverty in Urban Areas

PNCVFSNational Programme to Combat Domestic and Sexual Violence

PNWWNational Wawa Wasi Programme

RENIECNational Register of Identity and Civil Status

SCAFood monitoring system

SIEArmy intelligence service

SIAFIntegrated Financial Administration System

SIOPIntegrated operational system

SISComprehensive Health Insurance Agency

SOA-RímacAdolescents Guidance Service

UGEEducation Management Unit

Annex 1  31

Public expenditure by function a

(Millions of new 1994 soles)

Function

2000

2001

2002

2003

2004

2005 *

Administration and planning - Management of foreign and domestic debt

4 522.9

4 372.2

4 605.9

5 837.4

5 754.2

7 078.2

Welfare and social security - Unemployment and retirement insurance

3 245.2

4 099.1

4 710.2

4 604.5

4 905.4

4 894.1

Education and culture

3 492.6

3 469.3

3 830.0

4 110.8

4 428.8

4 261.4

National defence and security

58.7

3 082.0

2 867.8

2 991.8

2 848.5

2 870.5

Health and sanitation

1 723.4

1 925.7

2 042.9

2 036.6

2 231.3

2 104.5

Administration and planning – Remainder

1 508.7

1 365.9

954.5

915.0

1 035.1

805.2

Transport

901.6

805.4

771.6

922.5

938.3

752.8

Welfare and social security - Remainder

1 045.7

1 037.1

802.6

2 353.8

763.6

656.2

Justice

458.1

482.5

508.2

582.4

619.7

601.0

Agriculture

817.7

747.2

664.7

558.6

538.4

481.3

Foreign affairs

244.1

235.1

224.3

251.5

219.6

219.4

Energy and mineral resources

173.3

164.4

91.0

162.3

155.8

171.9

Labour

30.1

23.4

99.5

168.8

160.9

136.9

Legislature

160.8

156.3

165.9

160.1

132.6

129.6

Housing and urban development

96.4

76.8

70.8

70.7

71.7

123.0

Industry, commerce and services

81.1

68.3

64.6

72.9

99.6

97.7

Communications

42.6

29.0

23.5

44.9

38.0

59.3

Fisheries

65.6

74.3

65.3

60.6

56.7

57.4

Total expenditure

18 668.5

22 214.1

22 563.0

25 905.3

24 998.0

25 500.4

% expenditure on education and culture

18.7

15.6

17.0

15.9

17.7

16.7

% expenditure on health and sanitation

9.2

8.7

9.1

7.9

8.9

8.3

% expenditure on welfare and social security – Remainder

5.6

4.7

3.6

9.1

3.1

2.6

% expenditure under the three heads

27.9

24.3

26.0

23.7

26.6

25.0

Source: SIAF.

*Budgeted amount.

aFor 2004 and 2005 only national and regional governments are taken into account.

Sources:

Central Reserve Bank of Peru: www.bcrp.gob.pe.

Ministry of the Economy and Finance: www.mef.gob.pe.

Integrated Financial Information System (SIAF) for the public sector:http://transparencia-economica.mef.gob.pe.

Endnotes