Core document forming part of the reports of States parties

Peru *

[8 July 2010]

Contents

Paragraphs Page

I.Introduction1–43

II.General information about the reporting State5–363

A.Demographic, economic, social and cultural characteristics5–113

B.Constitutional, political and legal structure12–3619

III.General framework for the protection and promotion of human rights37–7225

A.Acceptance of international human rights norms37–4125

B.Legal framework for the protection of human rights at the national level42–5729

C.Framework within which human rights are promoted at the national level58–6530

D.Reporting process at the national level66–7231

I.Introduction

1.Much of this report is based on the “Plan Peru 2021 – Strategic Plan for National Development”, which was submitted this year by the National Centre for Strategic Planning (CEPLAN) and is now under review by various sectors of the civil service and civil society.

2.The Plan Peru 2021 uses criteria grounded in the Universal Declaration of Human Rights, the concept of development as freedom, and the policies embodied in the National Agreement. It will be important to reach a consensus within Peru on this vital and unprecedented planning tool. All democratic systems must be supported by strong institutions that prevent violations of human rights, while also promoting and strengthening those rights.

3.As a practical example, since 2007 the Government has used a results-based budgeting approach to the creation of strategic programmes, with a view to prioritizing support for the basic needs of the population. This means improving the quality of spending, reforming administrative structures, accelerating technological improvements, depoliticizing the administrative arena, and decentralizing political power and areas of competency, among other affirmative actions. Above and beyond any positive results that may be achieved, the great national challenge is to instil an understanding of human rights and to achieve unconditional respect for those rights.

4.Such respect will advance the concept of human development embraced by the United Nations – an all-encompassing concept that is synonymous with political freedom, civil rights, economic and social opportunities, protection for individuals and transparency in governance. This is the idea expressed in the Plan Peru 2021.

II.General information about the reporting State

A.Demographic, economic, social and cultural characteristics

5.Judging by changes in its primary macroeconomic indicators, Peru is enjoying a period of economic stability, which allows for the expansion of public policies aimed at improving the quality of life for vulnerable groups, including that of persons with disabilities.

6.This new situation has led to further administrative reforms, with efforts focused on improving services offered to citizens. Mandatory national policies have been established for Government bodies, pursuant to the Supreme Decree adopted in 2007 by the President of the Council of Ministers. That same year saw the implementation of the results-based budgeting approach, whose purpose is to prioritize the Millennium Development Goals, and to improve the quality of public spending.

7.The framework for the implementation of social policy has shifted from an assistance-based approach to one that emphasizes the development of human capital, giving priority to funding sustainable projects that involve the participation of a certain portion of the civil society – essential for fostering the practice of citizen monitoring, which facilitates transparency and access to public information and reduces corruption in the public sector. The international community and the Government of Peru, attaching great importance to this issue, believe that the fight against corruption directly depends on the ethical standards of public servants and the existence of a climate of legal stability that encourages private and foreign investment – which in turn has a vital impact on national employment rates.

8.Mention should also be made of the political stability now being enjoyed in Peru, a consequence of the people’s free exercise of their political will, by means of general elections held every five years, and regional and municipal elections that help to consolidate the decentralization process, which has in fact led to the transfer of responsibilities, capabilities and budgets in recent years.

1.Demographic indicators

9.See the figures below.

Population size and rate of recorded and projected growth in Peru

(In thousands of inhabitants)

Year	1940	1961	1972	1981	1993	2007	2011	2021	2050
Population	7 023	10 217	13 953	17 760	23 073	28 482	29 798	33 149	40 111

Period	1940– 1961	1961 – 1972	1972 – 1981	1981– 1993	1993 – 2007	2007 – 2011	2011 – 2021	2021 – 2050
Growth rate per period	1.80 %	2.87 %	2.72 %	2.20 %	1.52 %	1.14 %	1.07 %	0.66 % 2050: 0 .33 %

Structure of the population in Peru in July 1950 and July 2005

Age groupsAge groups

Dependency ratio in Peru: by age, 1950–2050, and by department, 2007

Ratio population of working age/dependant population

Population by geographical region in Peru

Geographical Region	Population	Distribution (%)
North ern	7 057 807	25.7
South ern	4 446 651	16.2
Centr al	4 047 364	14.8
East ern	2 538 247	9.3
Metropolitan Lima	8 482 619	30.9
Lima P rovince	839 469	3.1
Total	27 412 157	100

Major demographic indicators in Peru as of 2007

( A s a percentage)

Key v ariables	Values	Lima and Callao	Geographical regions	National t otal
Maximum	Minimum	North ern	Central	South ern	East ern
Population growth rates 1993 – 2007	3.5	0.4	2.1	1.3	1.4	1.3	2.1	1.6
Population growth rates 1981 – 1993	6.1	-0.2	2.7	2.2	1.3	2.1	4.4	2.2
Population density (inhabitants per sq. km)	5 966	1.3	Lima : 242.7 Callao : 5 966.0	50.4	21.2	16.6	6.3	22.0

Demographic situation in Peru and the world

V ariables	Peru	Latin America	Developing countries	OECD*	Worldwide total
Life expectancy at birth ( in years) 2005	70.7	72.8	66.1	78.3	68.1
Literacy rate ( % of persons over age 15) 1995 – 2005	87.9	90.3	76.7		78.6
Population growth rate 1975 – 2005 (%)	2	1.8	1.9	0.8	1.6
Population growth rate 2005 – 2015 (%)	1.2	1.2	1.3	0.5	1.1
Population under age 15 in 2005 (%)	31.8	29.8	30.9	19.4	28.3
Population under age 15 in 2015 (%)	27.4	26.3	28	17.8	26
Population over age 65 in 2005 (%)	5.6	6.3	5.5	13.8	7.3
Population over age 65 in 2015 (%)	6.7	7.7	6.4	16.1	8.3
Fertility rate 1970 – 1975 (children born per woman)	6	5	5.4	2.6	4.5
Fertility rate 2000 – 2005 (children born per woman)	2.7	2.5	2.9	1.7	2.6
Population with improved sanitation in 2004 (%)	63	77	49	96	59
Population using an improved water source in 2004 (%)	83	91	79	99	83
Undernourished persons 2002 – 2004 (%)	12	10	17		17
Urban population in 2005 (%)	72.6	77.3	42.7	75.6	48.6
Urban population in 2015 (%)	74.9	80.6	47.9	78.2	52.8

* Organization for Economic Co operation and Development (OECD).

Public servicesCoverage of drinking water and sewerage in Peru, 2003–2007

Service	2003	2004	2005	2006	2007
Drinking water
Total	68.6	68.0	67.2	68.6	68.6
Urban	84.7	85.1	85.6	86.3	86.8
Rural	38.7	36.3	33.0	35.7	34.6
Sewerage
Total	49.4	50.9	51.3	52.2	53.3
Urban	73.5	75.4	75.6	77.2	77.8
Rural	4.7	5.5	6	5.8	7.7

Electricity coverage in selected countries, 2005

Coverage of telecommunications services

( A s percentage s )

Telecommunications coverage indicators in Peru

Indicators	1999	2000	2001	2002	2003	2004	2005	2006	2007	2008
Landline teledensity (per 100 inhabitants)	6.3	6.2	6.0	6.2	6.8	7.4	8.1	8.5	9.3	10.3
Percentage of households w ith landline telephone service									27.7 %
Public phone teledensity (per 1,000 inhabitants)	2.5	3.2	3.6	4.1	4.7	5.1	5.3	5.6	5.9	7.0
Mobile phone teledensity (per 100 inhabitants)	4.1	5.1	6.8	8.6	10.7	14.7	20.5	31.9	55.6	74.9
Percentage of household s with mobile telephone service									42.9 %
Cable TV subscribers ( in thousands)	327	349	352	359	434	511	583	631	769	n/a
Percentage of h ouseholds with cable TV									15.5 %
Int ernet subscribers ( in thousands)	121	135	157	385	556	673	833	934	733	n/a

Housing deficit in Peru by department, 2005

Department	Deficit
Quantitative	Qualitative	Total	Percentage
Amazonas	1 495	26 218	27 713	1.84
Á ncash	13 926	41 123	55 049	3.66
Apurímac	604	30 473	31 077	2.07
Arequipa	11 728	53 787	65 515	4.36
Ayacucho	1 930	49 428	51 358	3.42
Cajamarca	3 352	101 618	104 970	6.98
Callao	11 787	16 419	28 206	1.88
Cusco	2 909	80 921	83 830	5.58
Huancavelica	1 060	34 173	35 233	2.34
Huánuco	3 321	65 417	68 738	4.57
Ica	8 395	21 612	30 007	2.00
Junín	6 024	57 177	63 201	4.20
La Libertad	12 383	59 144	71 527	4.76
Lambayeque	11 031	42 680	53 711	3.57
Lima	124 803	198 067	322 870	21.48
Loreto	6 328	64 781	71 109	4.73
Madre de Dios	313	7 109	7 422	0.49
Moquegua	2 932	8 822	11 754	0.78
Pasco	1 115	20 538	21 653	1.44
Piura	16 186	91 166	107 352	7.14
Puno	3 790	7 5 337	79 127	5.26
San Martín	6 471	46 771	53 242	3.54
Tacna	5 405	10 221	15 626	1.04
Tumbes	1 466	8 171	9 637	0.64
Ucayali	2 173	31 148	33 321	2.22
Total	260 927	1 242 321	1 503 248	100.00

Housing deficit in Peru by area, 2005

Area	Units	Percentage
Urban	897 635	59.7
Rural	605 613	40.3
Total	1 503 248	100.0

2.Social, economic and cultural indicators

10.The internationally recognized indicator of the quality of life is the United Nations human development index, which assesses life expectancy at birth, school enrolment, literacy, and income per capita. According to this indicator, which ranges from zero to one, with one as the best rating, in 2007 the human development index for Peru was 0.806, ranking the country in 78th place among 182 countries. The table below shows that, vis-à-vis other South American countries, Peru ranks below Chile, Argentina, Mexico, Brazil and Colombia, and above Paraguay, the Plurinational State of Bolivia and several Central American countries.

Human Development Index 1975–2007

ChileArgentinaMexicoBrazilColombiaPeruEcuadorParaguayEl SalvadorHondurasBoliviaGuatemalaNicaragua0.0000.1000.2000.3000.4000.5000.6000.7000.8000.900

Poverty in Peru, 1997–2008

Extreme poverty %Poverty %Percentage

Income inequality in Peru, 2004–2008

(Gini coefficient)

Geographical areas	2004	2005	2006	2007	2008
Total	0.492	0.508	0.499	0.507	0.479
Urban	0.448	0.473	0.454	0.455	0.431
Rural	0.404	0.410	0.411	0.432	0.425
Zones
Metropolitan Lima	0.442	0.497	0.460	0.452	0.426
Other urban	0.423	0.428	0.421	0.439	0.419
Rural	0.404	0.410	0.411	0.432	0.425
Regions
Urban coastal	0.405	0.396	0.393	0.422	0.384
Rural coastal	0.395	0.357	0.370	0.388	0.376
Urban mountain ous	0.444	0.465	0.444	0.452	0.458
Rural mountain ous	0.394	0.416	0.401	0.421	0.415
Urban forest	0.401	0.414	0.428	0.447	0.425
Rural forest	0.365	0.365	0.400	0.423	0.418
Metropolitan Lima	0.442	0.497	0.460	0.452	0.426

Infant mortality in Peru

(Per 1,000 live births)

Infant mortality rate (under 1 year of age). Probability of death from birth to age 1, expressed per 1,000 live births

Ratio of maternal mortality in Peru

(Per 100,000 births)

Malaria incidence rate in Peru

1998	247 229	996.9
1999	201 273	797.7
2000	57 264	223.1
2001	86 400	331.2
2002	85 788	320.9
2003	79 530	295.1
2004	81 844	297.1
2005	87 805	314.2
2006	60 884	214.4
2007	50 958	184.7

Tuberculosis (TB) morbidity in Peru

Year	Morbidity	All forms of TB	Pulmonary TB KB+
1990	198.6	183.3	116.1
1991	202.3	192.0	109.2
1992	256.1	243.2	148.7
1993	248.6	233.5	161.1
1994	227.9	215.7	150.5
1995	208.8	196.7	139.4
1996	198.1	161.5	111.9
1997	193.1	158.3	112.8
1998	186.4	156.6	111.7
1999	165.4	141.4	97.1
2000	155.6	133.6	88.0
2001	146.7	126.8	83.1
2002	140.3	121.2	77.4
2003	122.6	106.7	68.4
2004	119.2	103.1	63.7
2005	112.1	94.9	58.8
2006	104.5	88.8	54.2

Population with calorie deficits in Peru

(Percentage of total population)

Prevalence of chronic malnutrition in Peru

(Percentage of children under age 5)

60.0UrbanNational00.010.020.030.040.050.0Rural

Completion rate for primary and secondary education in Peru

(Percentages by age group)

	Completion rate for primary education	Completion rate for secondary education
	12 to 14 years	15 to 19 years	17 to 19 years	20 to 24 years
Category	2003	2007	2003	2007	2003	2007	2003	2007
Peru	72.5	77.6	91.8	93.9	51.3	60.3	65.7	71.0
Sex
Female	73.2	78.4	90.4	92.7	52.0	61.5	65.0	69.8
Male	71.8	76.8	93.2	95.1	50.6	59.0	66.4	72.2
Area and sex
Urban	82.8	86.2	96.3	96.7	64.2	72.0	78.4	81.3
Female	83.0	86.8	96.3	96.1	66.9	74.4	78.7	81.2
Male	82.6	85.6	96.3	97.4	61.7	69.6	78.0	81.4
Rural	58.5	65.7	83.2	88.6	24.3	36.0	34.9	45.5
Female	59.3	67.1	78.0	86.1	19.6	33.0	29.5	39.0
Male	57.8	64.3	87.6	90.9	28.4	38.8	40.1	51.3
Poverty level
Not poor	86.5	88.0	96.5	96.9	68.0	72.0	80.6	82.3
Poor	73.1	72.9	93.1	91.9	45.0	46.2	55.8	54.2
Extremely poor	53.7	55.9	78.5	82.9	17.4	21.7	26.6	27.4

Educational coverage for the indigenous population in Peru

(Percentages by age group)

	3 to 5 years	6 to 11 years	12 to 16 years
Category	1993	2006	1993	2006	1993	2006
Peru	34.8	42.8	79.8	94.8	74.2	86.6
Indigenous langu age
Quechua	33.4	45.6	79.1	95.8	73.4	87.4
Aymara	46.9	40.8	89.1	97.4	82.0	91.1
Ash á nin k a	-	28.4	-	88.7	-	66.8
Aguaruna	-	28.5	-	86.6	-	80.4
Shipibo-Conibo	-	58.2	-	93.0	-	85.3
Other	32.3	24.0	73.0	83.9	68.2	75.9
Sex
Female	34.4	43.4	34.4	94.6	34.4	84.2
Male	35.1	42.1	35.1	95.0	35.1	89.1

Illiteracy rate in Peru

Year	2002	2003	2004	2005	2006	2007
Illiteracy rate (persons over age 15)	11.9	12.0	11.9	11.7	11.1	10.5
Urban	5.9	5.5	5.8	5.9	5.7	5.1
Rural	25.0	26.4	25.1	24.2	22.9	22.0

Education, science and technology

Indicator	Argentina	Brazil	Chile	Colombia	Mexico	Peru	Spain	United States of America
Competitiveness ranking
Higher education and training	55	58	45	71	74	81	33	7
Technological preparedness	68	46	42	66	71	77	29	13
Innovation	86	43	49	63	78	109	40	1
Gross enrolment in higher education	67 %	30 %	52 %	32 %	27 %	35 %	69 %	82 %
Public spending on education as a percentage of gross domestic product ( GDP )	4.5 %	5.1 %	3.4 %	4.9 %	5.5 %	2.5 %	4.3 %	5.7 %
GDP devoted to research and development	0.49 %	0.82 %	0.67 %	0.17 %	0.5 %	0.15 %	1.21 %	2.7 %
Number of researchers per million inhabitants	692.9	401.7	440	81.3	230	220	2 002	4 605
Number of top 100 universities according to 2009 Academic Ranking of World Universities	None	None	None	None	None	None	None	55
Number of top 500 universities according to the 2009 Academic Ranking of World Universities	1	6	2	None	1	None	11	152
Number of institutions with research excellence	12	27	11	5	14	1	137	433

Distribution of public spending by sector in Peru, 1997–2007

(Allocations by percentage)

Sectors	Average 1997 – 2000	2001	2002	2003	2004	2005	2006	2007
I. Economic Growth	10.5	8.5	7.5	7.0	7.6	7.6	8.0	9.2
Energy and mineral resources	0.9	0.7	0.4	0.6	0.8	1.3	0.9	1.2
Industry, trade and services	0.4	0.3	0.3	0.3	0.6	0.6	0.6	0.6
Fishing	0.3	0.3	0.3	0.2	0.2	0.2	0.2	0.3
Agriculture	3.7	3.4	3.0	2.2	2.1	1.8	2.5	2.7
Transport	5.0	3.6	3.4	3.6	3.6	3.4	3.5	4.2
Communications	0.2	0.1	0.1	0.2	0.3	0.2	0.3	0.2
II. Social spending	44.5	47.8	51.2	51.5	48.9	50.0	48.0	50.5
Education and culture	15.2	15.6	17.0	15.9	17.2	17.2	16.8	18.1
Health and sanitation	8.1	8.7	9.1	7.9	8.7	8.6	9.1	9.3
Social assistance and social security	20.7	23.1	24.4	26.8	22.0	23.2	21.3	21.9
Employment	0.1	0.1	0.4	0.7	0.6	0.6	0.5	0.5
Housing and human development	0.4	0.3	0.3	0.3	0.4	0.4	0.4	0.7
III. Public order and national security	15.5	13.9	12.7	11.6	11.0	11.4	11.4	11.1
Defence and national security	15.5	13.9	12.7	11.6	11.0	11.4	11.4	11.1
IV. Administration	29.5	29.7	28.6	29.9	32.4	31.0	32.6	29.2
Legislative	0.6	0.7	0.7	0.6	0.5	0.5	0.5	0.5
Justice	2.0	2.2	2.2	2.2	2.4	2.5	2.7	2.7
Administration and planning	25.9	25.8	24.6	26.0	28.7	27.1	28.6	25.1
Foreign affairs	1.0	1.2	1.0	1.0	1.0	0.9	0.9	0.9
Total spending	100.0	100.0	100.0	100.0	100.0	100.0	100.0	100.0

International comparison of GDP per capita in Latin America from 1980 to 2008

(In current United States dollars)

Average annual inflation and devaluation in Peru

(As percentages)

Year	Inflation	Devaluation
1990	7 481.7	4 545.0
1991	409.5	278.8
1992	73.5	60.8
1993	48.6	59.1
1994	23.7	10.4
1995	11.1	2.7
1996	11.5	8.8
1997	8.5	8.5
1998	7.3	10.0
1999	3.5	15.5
2000	3.8	3.1
2001	2.0	0.5
2002	0.2	0.3
2003	2.3	-1.1
2004	3.7	-1.9
2005	1.6	-3.4
2006	2.0	-0.7
2007	1.8	-4.5
2008	5.8	-6.5

Breakdown of the economically active population (EAP) and GDP by industry in Peru

(As percentages)

	1981	1993	2007
GDP by industry	EAP	GDP	EAP	GDP	EAP	GDP
Agriculture and fishing	36.4	6.5	27.5	8.5	22.6	9.3
Mining, oil and gas	1.8	5.6	1.0	4.4	1.3	6.5
Manufacturing	10.5	15.8	10.8	16.1	8.9	17.3
Electricity and water	0.3	2.0	0.3	1.9	0.2	2.3
Construction	3.7	4.1	3.5	4.0	5.3	6.2
Trade	12.0	15.0	17.7	14.5	17.8	16.2
Services	35.3	51.0	39.2	50.6	44.0	42.4
Total	100.0	100.0	100.0	100.0	100.0	100.0

Breakdown of EAP by work category in Peru

	1981	1993	2007
Work category	Persons	%	Persons	%	Persons	%
Market sector	2 252 759	43.4	3 304 966	46.5	5 108 133	48.2
Owner	53 678	1.0	168 198	2.4	207 837	2.0
Worker	1 142 229	22.0	1 401 649	19.7	1 865 245	17.6
Employee	1 056 852	20.4	1 735 119	24.4	3 035 051	28.7
Non-market sector	2 936 901	56.6	3 804 561	53.5	5 479 312	51.8
Self-employed	2 115 887	40.8	2 362 856	33.2	4 022 837	38.0
Unpaid family worker	261 676	5.0	656 354	9.2	672 071	6.3
Domestic worker	170 432	3.3	238 412	3.4	314 008	3.0
Looking for work, not specified	388 906	7.5	546 939	7.7	470 396	4.4
Total EAP	5 189 660	100.0	7 109 527	100.0	10 587 445	100.0
EAP as % of total population	29.2	31.4	38.6

Employment levels in Peru, 1998 and 2008

Suitable employmentUnemploymentUnderemploymentSuitable employmentUnemploymentUnderemployment

GDP growth in Peru and projected growth for 2009–2012

(Percentage by year)

11.With regard to the public debt, see the table below (billions of dollars).

Year	External public debt	Domestic public debt
2005	22 279	7 688
2006	21 972	8 518
2007	20 081	11 789
2008	19 237	11 411

B.Constitutional, political and legal structure

12.The political and legal structure of Peru is grounded in the Constitution adopted in 1993 by the Democratic Constituent Congress. It provides that the Republic of Peru is a democratic, social, independent and sovereign nation; and that its Government is unitary, representative, decentralized, and organized according to the principle of the separation of powers.

13.Article 1 of the Constitution provides that the defence of the individual and respect for his or her dignity are the supreme purpose of society and the State.

14.The primordial duties of the State are the defence of national sovereignty, the achievement of full respect for human rights, the protection of persons from threats to their security, and the promotion of general well-being on the basis of justice and the comprehensive and balanced development of the Nation.

15.It is also the duty of the State to establish and implement border policy and to promote Latin American integration, as well as development and cohesion in border areas, in accordance with foreign policy.

16.The Constitution provides the following with regard to the structure of the State.

1.Legislative branch

17.The legislative branch consists of a single chamber comprising 120 members of Congress, who are elected for a period of five years under an electoral process carried out in accordance with the law. Members of Congress represent the Nation and are not subject to a binding mandate or to a question procedure. Any member of Congress may request reports that he or she deems necessary from the Ministers of State, the National Electoral Board, the Comptroller-General, the Central Reserve Bank, the Superintendent of Banking and Insurance, as well as from local governments and institutions as specified by law.

18.The powers of Congress are the following:

To enact laws and legislative decrees, and to interpret, amend or repeal existing ones

To ensure respect for the Constitution and the laws, and to take appropriate measures to ensure that offenders are held accountable

To approve treaties, in conformity with the Constitution

To approve the budget and the General Accounts

To authorize loans, in accordance with the Constitution

To grant amnesty

To approve territorial demarcation as proposed by the executive branch

To give consent to the entry of foreign troops into the territory of the Republic, provided that it has no impact whatever on national sovereignty

To authorize the President to leave the country

To carry out other responsibilities provided in the Constitution and those incumbent on the legislature

2.Executive branch

19.As the Head of State, the President personifies the nation, and is elected by direct suffrage to a five-year term; there is no provision for immediate re-election. When at least one constitutional term has elapsed, a former President may stand for election again, subject to the same conditions.

20.The President is sworn in and takes office before Congress on 28 July of the year in which the election is held. His duties are as follows:

To comply with and ensure compliance with the Constitution, as well as with treaties, laws and other legal provisions.

To represent the State, within the Republic and elsewhere.

To guide overall governmental policy.

To protect the public order and national security of the Republic.

To convoke elections for the presidency of the Republic, and for members of Congress, mayors, city councillors and other officers, as stipulated by law.

To convene extraordinary sessions of Congress, signing the relevant decree.

To address Congress at any time, and by mandate, both in person and in writing, at the start of its first ordinary session of the year. Annual addresses consist of a detailed report on the state of the Republic and on any improvements and reforms that the President deems necessary and appropriate for consideration by Congress. Except for the opening speech, presidential addresses are subject to approval by the Council of Ministers.

To establish regulations on laws without disregarding or misrepresenting them, and, in consideration of those constraints, issue decrees and decisions.

To comply with and ensure compliance with the sentences and decisions of the courts.

To comply with and ensure compliance with the decisions of the National Electoral Board.

To guide foreign policy and international relations, and conclude and ratify treaties.

To appoint ambassadors and ministers plenipotentiary, subject to approval by the Council of Ministers, and with the responsibility of reporting to Congress.

To receive foreign diplomats and authorize consuls to perform their duties.

To serve as chief of the national defence system, and organize, arrange and direct the deployment of the Armed Forces and the National Police.

To adopt necessary measures for the defence of the Republic, its territorial integrity, and the sovereignty of the State.

To declare war and sign peace treaties, subject to authorization by Congress.

To manage public finances.

To negotiate loans.

To order extraordinary measures on economic and financial matters by means of emergency decrees having force of law, when so required by the national interest, with the responsibility of reporting to Congress, which may amend or repeal the aforementioned emergency decrees.

To regulate tariffs.

To grant pardons and commute sentences, and to exercise the right of pardon on behalf of the accused in cases where the investigation stage has taken twice as long as the time allotted and the extension.

To confer awards on behalf of the Nation, with the consent of the Council of Ministers.

To authorize Peruvians to serve in a foreign army.

To exercise any other functions of governance and administration that the Constitution and laws assign to him.

21.The direction and administration of public services is entrusted to the Council of Ministers, which carries out the following duties:

Approving draft legislation that the President submits to Congress

Approving legislative decrees and emergency decrees handed down by the President, as well as draft legislation, decrees and decisions provided for under the law

Deliberating on matters of public interest

Any others assigned to it by the Constitution and the law

3.Judicial branch

22.The authority to administer justice arises from the people and is carried out by the judiciary through the various levels of courts in accordance with the Constitution and the laws.

23.In any proceedings where a constitutional provision and a law are incompatible, judges give precedence to the Constitution. They likewise give precedence to the law over any lesser regulation. Therefore, the Constitution is the supreme law of the Nation.

24.The principles and rights of the judiciary include the following:

Unity and exclusivity of the courts.

There are no independent courts, nor may any be established, with the exception of the military and arbitration courts.

No judicial proceedings are conducted by assignment or delegation.

Independence in the administration of justice. No authority may arrogate to itself cases pending before a court, or interfere in the exercise of its functions. Nor may judgments with the force of res judicata fail to be enforced, or proceedings under way terminated, or court decisions altered, or the enforcement of decisions postponed. These provisions do not affect the right of pardon nor the authority of Congress to conduct an investigation, which should not, however, interfere with court proceedings or have any effect whatsoever on the decisions of the court.

Observance of the guarantees of due process and judicial protection.

No one may be removed from the jurisdiction of the court assigned to him or her by law, or subject to proceedings different from the pre-established ones, nor tried by special or ad hoc courts, whatever their designation.

Proceedings must be open to the public, unless otherwise stipulated in the law.

Judicial proceedings regarding the accountability of public officials, regarding offences committed by members of the press, and offences related to fundamental rights guaranteed by the Constitution are always public.

Judicial decisions must be substantiated in writing under all circumstances, with the exception of simple procedural decisions, expressly stating the applicable law and the facts on which the decisions are based.

The right to appeal.

Compensation, in the form determined by law, for miscarriages of justice in criminal trials and for arbitrary detention, without prejudice to any criminal liability that may apply.

The principle that justice must be served despite the existence of lacunae or defects in the law. In such a case, the general principles of law and customary law apply.

The principle of inapplicability by analogy, in criminal law and in provisions restricting rights.

The principle that no one shall be punished without a trial.

The application of the less severe law in the event of doubt or conflict between criminal laws.

The principle that no person may be convicted in absentia.

The principle that no trials that have resulted in an enforceable decision may be reopened. Amnesty, pardon, the dismissal of proceedings and lapsed statutes of limitation have the force of res judicata.

The principle that no person may be deprived of the right to a defence at any stage of the proceedings. All persons must be informed, immediately and in writing, of the grounds or reasons for their arrest. They have the right to communicate personally with a defence lawyer of their choosing and to receive counsel as soon as they are summoned or detained by any authority.

The principle that all persons must be informed, immediately and in writing, of the grounds or reasons for their arrest.

The principle that the administration of justice shall be free and that legal counsel shall be free for persons with insufficient resources; and for all persons, under the circumstances set out in the law.

Participation by the public in the appointment and removal of judges, in accordance with the law.

The obligation of the executive branch to participate in proceedings when so requested.

The principle that no person may carry out a judicial function who has not been appointed as prescribed by the Constitution or in a law. The courts must not allow such a person to serve.

The principle that every person has the right to analyse and criticize judicial decisions and sentences, within the limitations set by law.

The right of detainees and convicted prisoners to occupy decent premises.

The principle that the purpose of the prison system is the re-education, rehabilitation and reintegration of the convicted person into society.

25.The election and appointment of judges and prosecutors is the responsibility of the National Council of the Judiciary, except in cases where they are elected by popular vote.

26.Another important judicial authority is the Public Prosecution Service (Ministerio Público), an autonomous body headed by the Prosecutor-General of the Nation (Fiscal de la Nación). Its functions include representing society in judicial proceedings and ensuring the independence of the courts and the proper administration of justice.

27.Another crucial autonomous institution, which defends the constitutional rights of individuals and the community, and monitors the fulfilment of obligations by the Government and the provision of public services to citizens, is the Ombudsman’s Office, the head of which is elected and removed by a two-thirds majority vote of Congress. The Ombudsman enjoys the same immunity and privileges as do members of Congress.

4.The electoral system

28.The electoral system is made up of the National Electoral Board, the National Electoral Procedures Office and the National Identity and Civil Status Registry. These bodies are autonomous, and work in coordination with each other, in accordance with their various responsibilities.

29.The National Electoral Board is responsible for ensuring the lawfulness of ballots and electoral procedures, referendums and other popular votes [and establishing the electoral rolls]; maintaining and keeping the register of political organizations; monitoring compliance with the rules governing political organizations [and other regulations related to electoral matters]; [administering justice in electoral matters]; [and declaring the results of elections].

30.The National Electoral Procedures Office is responsible for organizing all procedures related to elections, referendums and other means of popular consultation, and delivering the registers and other material necessary for holding elections and announcing their results.

31.The National Identity and Civil Status Registry is responsible for registering births, marriages, divorces, deaths, and other events that alter an individual’s civil status. It issues the corresponding certificates and prepares and updates the electoral roll. It provides the National Electoral Board and the National Electoral Procedures Office with the information necessary to carry out their duties. It maintains the registry of citizens and issues identity documents.

32.The Constitution also establishes that decentralization is a continuing Government policy, whose aim is the comprehensive development of the country. Accordingly, it defines operations of regional and local governments, which enjoy political, economic and administrative autonomy.

33.Finally, the Constitution stipulates that the Constitutional Court is the body that verifies constitutionality. It has the following powers: to hear, in sole instance, applications for constitutional review; to hear, as a court of last resort, orders refusing petitions of habeas corpus, amparo, habeas data or mandamus; and to hear disputes over jurisdiction or over powers assigned by the Constitution, in accordance with the law.

34.Constitutional guarantees and the procedure for amending the Constitution are also provided. There are six guarantees: the writ of habeas corpus, the writ of amparo, the writ of habeas data, the writ of unconstitutionality, the writ of popular action and the writ of mandamus.

35.With regard to fostering conditions for the creation and functioning of non-governmental organizations (NGOs), legal status can be obtained by applying to the registry office, which will request documentation to substantiate the establishment of a board of directors and the designation of a legal representative, and to define their purposes and aims.

36.Duly registered organizations may then undertake commitments in accordance with their founding statute, which also calls for technical and financial cooperation with international organizations. Their status must also be legally accredited by the Peruvian Agency for International Cooperation (APCI), a public institution that uses a decentralized approach toward guiding and coordinating supply and demand of non-reimbursable international cooperation at various levels of government and civil society, and providing quality services based on the principles of efficiency and transparency, thus contributing to national efforts to achieve sustainable development in the country.

III.General framework for the protection and promotion of human rights

A.Acceptance of international human rights norms

37.The Constitution stipulates that treaties concluded by the State that are currently in force are part of the domestic law. Treaties must be approved by Congress prior to their ratification by the President in the event that they address the following issues: human rights; the sovereignty, authority, or integrity of the State; national defence, and the financial commitments of the Government.

38.Congressional approval is also required for treaties that introduce, amend or abolish taxes, that call for the amendment or abrogation of a law, and that cannot come into force without the enactment of legislative measures.

39.The President may conclude or ratify, without prior approval from Congress, any treaties on topics not covered by the forgoing article. In all cases, the President must keep Congress informed.

40.In cases where a treaty may have an effect on constitutional provisions, it must be approved in accordance with the procedure for constitutional reform prior to its ratification by the President.

41.The authority to denounce treaties is vested in the President, who is obliged to report to Congress. Treaties subject to congressional approval, may not be denounced without such approval.

Status of international treaties

International human rights treaties and protocols	Status of ratification	Acceptance of amendments	Acceptance of optional procedures	Reservations entered	Derogations, restriction s or limitation s
International Covenant on Economic, Social and Cultural Rights	Deposited on 28 April 1978	-	-	No	No
International Covenant on Civil and Political Rights	Deposited on 28 April 1978	-	-	No	No
International Convention on the Elimination of All Forms of Racial Discrimination	Deposited on 29 September 1971	-	-	No	No
Convention on the Elimination of All Forms of Discrimination against Women	Deposited on 20 August 1982	-	-	No	No
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment	Deposited on 7 July 1988	-	-	No	No
Convention on the Rights of the Child	Deposited on 4 September 1990	-	-	No	No
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families	Deposited on 14 September 2005	-	-	No	No
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict	Deposited on 8 May 2002	-	-	No	No
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography	Deposited on 8 May 2002	-	-	No	No
Optional Protocol to the International Covenant on Civil and Political Rights	Deposited on 3 October 1980	-	-	No	No
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty	Not a party	-	-
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women	Deposited on 9 April 2001	-	-	No	No

Other United Nations human rights and related treaties	Status of ratification
Convention on the Prevention and Punishment of the Crime of Genocide	Deposited on 24 February 1960
Slavery Convention of 1926, amended in 1955	Not a party
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others	Not a party
Convention relating to the Status of Refugees and Protocol relating to the Status of Refugees	Deposited on 21 December 1964
Convention relating to the Status of Stateless Persons	Not a party
Convention on the Reduction of Statelessness	Not a party
Rome Statute of the International Criminal Court	Deposited on 10 November 2001
United Nations Convention against Transnational Organized Crime of 2000, Protocol against the Smuggling of Migrants by Land, Sea And Air, and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime	Deposited on 24 February 2002

International Labour Organization c onventions	Status of ratification
Weekly Rest (Industry) Convention, 1921 (No. 14)	Deposited on 10 October 1945
Forced Labour Convention, 1930 (No. 29)	Deposited on 1 February 1960
Labour Inspection Convention, 1947 (No. 81)	Deposited on 1 February 1960
Migration for Employment Recommendation, 1949 (No. 86)	Deposited on 2 March 1960
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)	Deposited on 2 March 1960
Migration for Employment Convention, 1949 (No. 97)	Submitted to Congress in memorandum No. 3-0-A/6 on 9 July 1959
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)	Deposited on 13 March 1964
Equal Remuneration Convention, 1951 (No. 100)	Deposited on 1 February 1960
Social Security (Minimum Standards) Convention, 1952 (No. 102)	Deposited on 23 August 1961
Abolition of Forced Labour Convention, 1957 (No. 105)	Deposited on 3 December 1960
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)	-
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)	Deposited on 10 August 1970
Equality of Treatment (Social Security) Convention, 1962 (No. 118)	Submitted to Congress in memorandum No. 3-0-A/7 on 17 June 1966
Employment Policy Convention, 1964 (No. 122)	Deposited on 27 July 1967
Minimum Age Convention, 1973 (No. 138)	Deposited on 13 November 2002
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)	Not a party
Workers with Family Responsibilities Convention, 1981 (No. 156)	Deposited on 13 June 1986
Indigenous and Tribal Peoples Convention, 1989 (No. 169)	Deposited on 2 February 1994
Worst Forms of Child Labour Convention, 1999 (No. 182)	Deposited on 10 January 2002
Maternity Protection Convention, 2000 (No. 183)	Submitted to Congress (Supreme Resolution No. 051-2002-RE of 9 February 2002)

United Nations Educational, Scientific and Cultural Organization (UNESCO) c onventions	Status of ratification
Convention against Discrimination in Education 1960	Deposited on 19 December 1966

Geneva Conventions and other treaties on internationa l humanitarian law	Status of ratification
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention), 1949	Deposited on 15 February 1956
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), 1949	Deposited on 15 February 1956
Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention), 1949	Deposited on 15 February 1956
Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 1949	Deposited on 15 February 1956
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 1977	Deposited on 14 July 1989
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1977	Deposited on 14 July 1989
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention), 1987	Deposited on 17 June 1998

B.Legal framework for the protection of human rights at the national level

42.Specific plans are implemented in the context of activities programming by Government agencies, with a focus on cross-cutting and the adoption of verifiable budgetary commitments. Measures include, inter alia, the Equal Opportunities Act, the Plan to Combat Violence against Women, the Action Plan for Children and Adolescents, the Plan for Older Adults, the National Family Support Plan and the Equal Opportunities Plan for Persons with Disabilities, all in force and scheduled for follow-up within a time horizon of, on average, five years; with ministries responsible for monitoring in accordance with their competencies.

43.As has been mentioned, these initiatives are supported by the Constitution and based — in accordance with the precepts of Plan Peru 2012 — on the Universal Declaration of Human Rights.

44.The progressive incorporation of human rights instruments into the national legal framework conforms to the international commitments of the Government of Peru. For example, these instruments were invoked in the adoption of the Equal Opportunities Plan for Persons with Disabilities, and constitute its legal basis, as well as in the formation of the Multisectoral Standing Committees, whose role is described in the relevant document.

45.National law has not yet been harmonized with the binding obligations to which Peru is a party, a significant goal of the Government reform process.

46.In the judicial arena, the Constitutional Court, the Public Prosecution Service, the National Council of the Judiciary and the Ombudsman’s Office are all autonomous bodies whose organizational arrangements and the appointment of whose officials require broad consensus from Parliament and the executive branch. Mention should also be made of the special committees set up to address specific topics, and which call on the participation of prominent citizens, as is the case for the Truth and Reconciliation Commission and the new commission established to guide the construction of the Place of Memory, a tribute to the victims of the political violence that occurred in Peru and a manifesto on learning lessons from experience.

47.At the administrative level, all ministries are responsible for providing timely services to citizens, each in accordance with its particular competencies.

48.Human rights instruments are invoked in the courts; the best known case – drawing worldwide attention, was the powerful argument put forward by the prosecution, supporting the conviction of former President Alberto Fujimori, to the effect that the offences attributed to him were crimes against humanity.

49.Nevertheless, the new Code of Criminal Procedure entered into force in Peru in 2009, bringing welcome changes to the justice system, such as a reduction in time frames for the resolution of cases, and the introduction of oral proceedings and public hearings to allow for greater transparency.

50.Resources available to an individual who considers that his or her rights have been violated are the offices providing free legal counselling, within the sphere of public justice (the Ombudsman’s Office and the Ministry of Women and Social Development) and services provided by NGOs, which generally work in special interest areas, providing assistance, often through alliances between the Government and civil society, in cases involving, inter alia, domestic violence, discrimination, abandonment, parental authority, pensions, displacements provoked by political violence and arbitrary dismissal.

51.The Ministry of Women and Social Development is the institution that guides public policy on gender equity and the protection and social development of vulnerable populations suffering from exclusion, guaranteeing the exercise of their rights with a view to expanding opportunities, improving the quality of life and promoting personal and social fulfilment.

52.Among the programmes administered by the Ministry are the Cooperation for Social Development Fund (FONCODES), which reported an investment of 56,353,860 nuevos soles (approximately US$ 19,499,000) for the period from July 2006 to February 2010, giving priority to investments in social infrastructure projects (49 per cent) and capacity-building projects (51 per cent); the National Wawa Wasi Programme, whose direct beneficiaries include children under age 4 who need care and protection because their parents are working or seeking work and there is no adult caretaker who can provide them with comprehensive attention.

53.As of February 2010, the National Wawa Wasi Programme operates in all 24 departments, in 96 provinces (49.4 per cent) and in 271 of the 1,834 districts (14.7 per cent) in Peru.

54.There is also the National Programme to Combat Domestic and Sexual Violence (PNCVFS), which as of March 2010 provides care in 90 Women’s Emergency Centres (CEM). For the period from July 2006 to February 2010, it requested an allocation of 8,251,445 nuevos soles.

55.Another mechanism for social action is the National Food Aid Programme (PRONAA), which serves the population according to stage of life, with a focus on the protection of human capital, giving priority to children under age 3, as well as to pregnant and breast-feeding women in poverty and extreme poverty, and those at high nutritional risk.

56.There is also the National Family Welfare Institute (INABIF) which, as of December 2009, oversees 35 Centres for the Comprehensive Development of the Family, 35 homes and shelters, 43 street teachers and 101 public welfare associations and social participation boards operating throughout the country in all 24 departments, and in 101 provinces and 139 districts.

57.Peru has ratified the American Convention on Human Rights, and recognizes the competence of the Inter-American Court of Human Rights.

C.Framework within which human rights are promoted at the national level

58.Under this heading, a report is requested on progress made in creating a framework for the promotion of human rights, within which specific actions may have been carried out to establish an institutional structure that ensures funding for policies fostering full respect for and observance of human rights.

59.The real issue, however, is the economic framework within which it may be feasible to allocate budget for the promotion and public advocacy of the human rights enshrined in the Constitution and in the international treaties to which Peru is a party.

60.Not by listing measures taken will the real human rights situation in Peru be communicated, but rather by describing a development strategy that has been, since the start of the twenty-first century, the best guarantee of and argument against totalitarian governmental schemes that have historically endangered the nation itself.

61.Although these efforts may not be sufficient, they nevertheless strive to maintain economic stability and sound public finances, as a basic condition for aspiring to an inclusive society with equal opportunities, an aspiration that takes into consideration the Gini coefficients revealing an unequal distribution of income. There are nevertheless encouraging signs from the Government, which is interested in creating an adequate regulatory framework to motivate private investment and to modernize the public sector by making use of the management models highlighted in the Human Development Report 2009 of the United Nations Development Programme in Peru. The report cites the strategy employed by SERVIR, which is a public body dedicated to training administrative officers with a view to improving local and regional governance.

62.Nor is the Government neglecting its social policy, which comprises nationwide programmes and actions focusing not on social assistance, but rather on capacity-building and participatory training for citizens, including participation in an aspect of the oversight and review of public accounts. Similarly, importance has also been given to programmes using the concept of conditional transfer, like the Social Programme “Junto” (Together), which bolster and coordinate efforts by the Government to achieve the Millennium Development Goals; incidentally, Peru has attained an acceptable level of compliance according to what can be learned from the 2008 Report.

63.The impact of the current use of such methodologies as results-based budgeting cannot be overemphasized, a topic that, while seeming to be highly technical, has great significance for the protection, promotion and observance of human rights, particularly because it moves us closer towards planning based on multiannual programming, on political consensus as a system of Government, and on transparency in public accounts.

64.It is essential to focus our analysis not on positions that seem results-oriented, but rather on the affirmative action measures that are gradually laying the foundations for a modern and truly democratic State both accepting of its financial limitations but also clear about its future and objectives, which indeed match recent global trends favouring economic growth that takes into consideration human development and is committed to respect for human dignity.

65.However, the task of honing mechanisms to monitor the matters under consideration remains and will require us to begin at once to reshape the organizational structure (multisectoral, with its own regulatory framework) so as to ensure a continuous supply of information regarding the promotion of human rights on our national territory.

D.Reporting process at the national level

66.The national coordinating mechanism that prepared this report was the Multisectoral Standing Committee, established pursuant to Supreme Decree No. 080-2008-PCM, whose mandate is the adoption of measures to bring Peru into conformity with its international treaty obligations.

67.The Multisectoral Standing Committee entrusted the National Council for the Integration of Persons with Disabilities (CONADIS) with the task of preparing the two requested documents, instructing it to gather information from ministries, independent public entities, and regional and provincial governments.

68.It was determined that the reports should be reviewed and adopted during meetings of the Multisectoral Standing Committee, and the draft “initial special document” was submitted to all the representatives of ministries that participate in the Committee, and to the representatives of associations for the disabled accredited by it. The legislative branch (Congress) is also represented on the Multisectoral Standing Committee, since its Special Commission on Disability has a seat.

69.Over the course of the current year, 14 public hearings were held in various regions of the country under the auspices of UNDP Peru at which experts from the Special Commission on Disability and CONADIS provided training, on matters covered by the Convention on the Rights of Persons with Disabilities, to persons with disabilities, related associations, and regional and municipal officials. As part of the process of these decentralized training workshops, requests, contributions and suggestions were collected from participants.

70.As of 2010, CONADIS has a budgeting goal specifically related to disseminating and promoting the Convention, which includes holding workshops, conferences, seminars and interviews throughout the country: a goal strengthened by the opening of 12 new regional CONADIS offices in addition to the 11 already in operation – extending its services throughout the country, and placing priority on the building of strategic alliances with regional and local governments so as to give effective attention (in the form of budget allocations) to the matter of disabilities.

71.Outreach is also conducted through the weekly programme “Sin Barreras” (No Barriers), which is broadcast by Radio Nacional del Perú and serves to educate the public and provide guidance concerning compliance with disability-related regulations to encourage good practices for engendering a more inclusive society. This programme provides information on activities sponsored by CONADIS, interviews medical experts, leaders of relevant associations, and other persons from the public and private sectors, and answers questions phoned in from all parts of the country. A television version of the programme “Sin Barreras” will soon be aired, following the signing of an agreement between CONADIS and the Peruvian Institute of Radio and Television.

72.The official websites of the Special Congressional Commission on Disability and CONADIS provide forums and online surveys specifically designed to promote compliance with the Convention, by disseminating its provisions and encouraging the participation of civil society organizations.