Committee on Economic, Social and Cultural Rights
Seventy-seventh session
Summary record of the 6th meeting*
Held at the Palais Wilson, Geneva, on Wednesday, 12 February 2025, at 3 p.m.
Chair:Ms. Crăciunean-Tatu
Contents
Consideration of reports (continued)
Reports submitted by States parties under articles 16 and 17 of the Covenant (continued)
Fifth periodic report of Peru
The meeting was called to order at 3.05 p.m.
Consideration of reports (continued)
(a)Reports submitted by States parties under articles 16 and 17 of the Covenant (continued)
Fifth periodic report of Peru (E/C.12/PER/5; E/C.12/PER/Q/5; E/C.12/PER/RQ/5)
At the invitation of the Chair, the delegation of Peru joined the meeting.
A representative of Peru, introducing his country’s fifth periodic report (E/C.12/PER/5), said that the coronavirus disease (COVID-19) pandemic had posed significant challenges to the protection of economic, social and cultural rights. To mitigate the effects of those challenges, Peru had delivered more than 41 million doses of COVID-19 vaccines, implemented a strategy to provide education materials online and via television and radio and disbursed subsidies to households living in poverty or extreme poverty.
More than 99 per cent of the population had health insurance coverage. Pursuant to Act. No. 32154, non-resident foreign nationals with a diagnosis of HIV or tuberculosis could enrol in the Comprehensive Health Insurance System. Following the adoption of the National Policy for Development and Social Inclusion, the Pension 65 Programme extended support to more than 830,000 older persons living in extreme poverty. The Social Development Cooperation Fund had financed development projects in 573 settlements, and the National Direct Assistance Programme for the Very Poor (JUNTOS) delivered financial incentives to more than 812,000 households.
Under the “Platforms for Action for Social Inclusion” Programme, more than 1.5 million persons living in poverty in rural locations had received services in areas including healthcare, education, access to justice and financial inclusion. Since 2019, aircraft and boats belonging to the armed forces had been used to deliver mobile services to more than 235,000 persons in 235 isolated communities.
In 2023, an intersectoral protocol had been adopted to combat forced labour using a comprehensive, victim-centred approach, and a national multisectoral policy on preventing and eradicating child labour was now being drafted.
In 2024, the Ministry of Health had organized training workshops on the prevention of gender-based violence for more than 155,000 health professionals and provided anaemia prevention care to more than 94,000 pregnant women and more than 500,000 children under the age of 12 months.
A bilingual intercultural education policy was being drafted with the aim of closing education gaps for all age groups, including the youngest students. To tackle the school dropout rate, bicycles were made available to students in rural areas with high poverty levels, and a river transport service was in operation in the Amazon regions.
The Ministry of Housing, Construction and Sanitation had launched two projects to improve access to drinking water and sewerage services for more than 83,000 persons in Lima and Callao.
In 2024, more than 160 environmental management initiatives had been approved in connection with investments amounting to more than US$ 14 million in mining, transport, electricity, agriculture and other projects. There were plans to launch a consultation process for a national policy on Indigenous Peoples, and the “Peru without Racism” strategy had recently been adopted.
The Government was committed to building a fairer and more inclusive society. To that end, the National Multisectoral Policy on Human Rights to 2040 set out shared responsibilities in the promotion and protection of human rights. The authorities would continue to work towards eradicating inequality and discrimination and ensuring the full exercise of economic, social and cultural rights for everyone.
Mr. Windfuhr (Country Rapporteur) said that he wished to know how often the Covenant was referred to in court rulings, what training judges and law enforcement officials received on the Covenant and how the rights enshrined in the Covenant influenced policy‑making in areas such as spatial planning and land registration. He would like to receive details of the mandate of the National Human Rights Council with regard to Covenant rights, as well as of the Council’s budget. The delegation might explain how the ruling handed down by the Constitutional Court on 23 February 2023, which had reportedly granted Congress the power to reduce the parliamentary majority required to elect the Ombudsman, was aligned with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).
The Committee was concerned about the Government’s practice of repeatedly declaring states of emergency, including in response to social protests, as well as about alleged human rights violations committed in connection with the reportedly violent suppression of some such protests. The delegation might comment on what was being done to prevent the use of violence against protestors and to ensure that people did not refrain from becoming politically active or participating in protests for fear of violence. He wondered if there were any plans to discontinue the practice of designating protestors as terrorists. He would welcome an explanation of the motivation behind the new legislation on the finances of civil society organizations.
He wished to receive information on the number of attacks and reprisals, including instances of extortion and obstruction of access to public services, committed by private actors and members of the judiciary against human rights defenders working in the area of Covenant rights. He would appreciate an update on the steps that were being taken to improve the situation and on the progress that had been made in setting up prosecutors’ offices for human rights and interculturality.
He was interested to know when the State party intended to ratify the Optional Protocol to the Covenant and whether it had any plans to revisit the decision not to ratify the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (the Escazú Agreement).
He would welcome clarification of how the database of Indigenous Peoples affected, in practice, Indigenous persons’ enjoyment of their rights, including pursuant to the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), especially for those not registered as Indigenous. He would be interested to hear about free, prior and informed consent processes in the context of specific programmes and policy developments.
The delegation might comment on which business sectors in the State party gave rise to the highest risk of human rights violations and on how the authorities monitored social conflicts and environmental and human rights impacts in the extractive industries and agriculture. He would be grateful for details of any plans for the continued implementation of policies favouring small-scale farmers and Indigenous Peoples, as well as for an assessment of the potential impact of Act No. 31973, which weakened business regulations and facilitated the reclassification of land for agro-industrial use, on land conflicts and access to productive resources for vulnerable groups, especially on Indigenous lands.
He wished to receive information on the progress that had been made in reducing per capita greenhouse gas emissions and in achieving the targets that had been set for further reductions, in line with the Paris Agreement, particularly in the light of the 38 new licences that had been granted for oil and gas exploration, including 4 in protected natural areas. He would welcome an update on the pace of deforestation in the Amazon regions and on efforts to curb the environmental impacts of illegal or informal mining activities, as well as on the implementation of the National Climate Change Adaptation Plan. The delegation might respond to concerns that a number of legislative decrees adopted during the previous decade to boost investment had weakened environmental regulation and oversight.
He would like to learn about any plans to counteract the high level of income inequality and to increase available resources through the tax system with the aim of reducing inequality, as well as about how the Government intended to address disparities in the local, regional and national budgets allocated to public services and social programmes. He would welcome an account of the State party’s efforts to combat corruption, including in connection with the Qali Warma National School Nutrition Programme, and to protect whistle-blowers.
He was curious to know whether the Government planned to update the national action plans that had expired in 2021, in particular the National Plan against Gender-based Violence, and whether it intended to introduce concrete policies to monitor and sanction discriminatory practices by State and non-State actors.
The meeting was suspended at 3.40 p.m. and resumed at 4 p.m.
A representative of Peru said that his delegation categorically rejected any suggestion that Peru was not a democratic State governed by the rule of law and any claims that widespread human rights violations were committed against persons engaged in the exercise of their right to freedom of speech.
In September 2024, the Inter-American Commission on Human Rights had published the second edition of its Compendium of Progress and Measures of Compliance with Recommendations and Other Decisions, in which it set out, inter alia, its assessment of the ongoing follow-up action Peru was taking in respect of the Commission’s recommendations.
In December 2022, an intersectoral commission had been set up to oversee the assistance measures for persons who had been seriously injured and the relatives of those killed in the social protests. For example, over 7 million soles in special economic support had been disbursed to some 110 relatives and to the 155 seriously injured persons; both groups were also guaranteed healthcare through the Comprehensive Health Insurance System. In addition, in 2023, the Public Prosecution Service had assembled a special team of prosecutors to handle the victims’ cases from an interdisciplinary and human rights-based perspective. That same year, the National Police had adopted a directive on the appropriate use of lethal and non-lethal weapons in maintaining and re-establishing public order and had created a department for human rights. Given all those measures, he rejected the suggestion that the State fostered intimidation against politically active individuals.
The Ombudsman was still elected by a two-thirds majority of Congress; political representativeness was therefore ensured. The Constitution provided for the rights and freedoms recognized therein to be interpreted in keeping with the Universal Declaration of Human Rights and international treaties to which Peru was a party. In other words, the judiciary was enjoined to apply international instruments.
The Ministry of Justice and Human Rights had set up a mechanism for the protection of human rights defenders that, where necessary, included 24-hour protection. When the mechanism was triggered, the Ministry coordinated with other relevant entities, such as the National Police, the Ministry for Women and Vulnerable Groups and the Public Prosecution Service. Furthermore, a digital platform had been created in December 2024 to enable human rights defenders to report situations of risk, and regional offices of the mechanism had been established in eight regions to facilitate action and coordination among the national and regional governments and civil society organizations.
Internal discussions were under way regarding the relevance and feasibility of ratifying the Escazú Agreement.
Work had begun on a progress report on the activities carried out under the National Action Plan on Business and Human Rights 2021–2025. They included three editions of the business and human rights course for public officials, the adoption of a training plan for trade unions on responsible business practices, with a focus on women, and the publication of a booklet on due diligence measures in the area of collective labour rights, developed with support from ILO. In addition, a guide on due diligence with a focus on the LGBTIQ+ community was in the final phase before publication.
Many measures had been taken to reduce poverty, including: the establishment of an agency responsible for creating a register of households for the purpose of streamlining the design and implementation of social policies and rationalizing government spending; the development of a multidimensional poverty index to complement income-based indicators; the adoption of a legal framework to adapt social protection services for emergency situations, taking into account age, gender, disability and cultural origin, among other characteristics, and thus boost the population’s resilience; the improvement of social governance through intersectoral and intergovernmental coordination overseen by the National Development and Social Inclusion System; the reactivation of the Intergovernmental Commission for Development to strengthen the work of various local and regional entities; and the adoption of a multisectoral strategy to reduce poverty in urban areas by improving access to services.
In addition, a resolution had been adopted in 2021 defining priority groups and areas targeted by the JUNTOS Programme which, through a new scheme, now also provided differentiated transfers in the areas of early childhood, education and home care. The Qali Warma National School Nutrition Programme was being redesigned under the new name Wasi Mikuna, with the involvement of various sectors and a focus on users.
The National Anti-Discrimination Committee held monthly sessions with the sectors concerned to discuss cases of discrimination that had been brought to its attention. It raised awareness of the rights of lesbian, gay, bisexual, transgender and intersex persons to eliminate stigma, stereotypes and discrimination, to promote their right to express their sexual orientation and gender identity, and to contribute to the comprehensive implementation of advisory opinion No. OC-24/17 of the Inter-American Court of Human Rights on gender identity, and equality and non-discrimination of same-sex couples. To that end, it had prepared thematic reports on, inter alia, the registration and recognition of children born abroad to two mothers, the legal process for sex and name changes by transgender persons, and non-discriminatory access to sanitary facilities at Jorge Chávez International Airport. Furthermore, it had developed a digital platform for reporting cases of discrimination, including on grounds of sexual orientation and gender identity, which facilitated their referral to the competent authority and timely assistance for the persons concerned.
The Directorate for Cultural Diversity and Elimination of Racial Discrimination of the Ministry of Culture was responsible for formulating, implementing and monitoring programmes with a view to fostering interculturality. To that end, it had begun to report on acts of ethnic or racial discrimination brought to its attention by the public and had set up a racism alert system, including a helpline, email and instant chat, with the aim of providing counselling to victims. Under the “Peru without Racism” strategy, some 154,000 people had taken part in information sessions, more than 1,330 members of the National Police had received training in the handling of instances of ethnic and racial discrimination and a review of good intercultural practices in public administration had been conducted.
The Chair said that it would be helpful to also hear about the results of the measures the State party had taken to implement economic, social and cultural rights, as well as about any challenges in that domain.
Mr. Windfuhr said that he would welcome additional information on the situation of defenders of economic, social and cultural rights in the State party, any cases of threats against defenders, including by private actors such as illegal miners, and the manner in which such cases were handled. He would also welcome further details about plans to increase the redistributive effect of tax revenue, about measures to promote business and human rights, especially in more risky sectors such as the extractive and agricultural industries, and about plans to enact a general anti-discrimination law.
Mr. Fiorio Vaesken (Country Task Force) said that he was interested to know whether the State party had its own national mechanism for follow-up to treaty body recommendations in addition to the Recommendations Monitoring System (SIMORE), what interministerial body was responsible for monitoring implementation of those recommendations, how civil society was involved in the process and what specific contribution it had made. He was also interested in hearing about the legal and administrative framework for realizing the right of Indigenous Peoples to free, prior and informed consent.
Mr. Hennebel (Country Task Force) said that he wished to learn more about the measures the State party was taking to address environmental destruction, including mass deforestation and mercury contamination, and any consequent human rights violations stemming from the expansion of illegal gold mining in Madre de Dios and the growing cross‑border trafficking of mercury and explosives in the Amazon regions. The delegation was invited to describe the measures the Government was taking to ensure that recent legal amendments regarding, for instance, the statute of limitations for criminal offences, the definition of organized crime and the notion of effective collaboration in securing convictions in corruption cases did not result in impunity for persons engaged in illegal mining. How did the Government intend to ensure the effective and long-term formalization of the mining sector?
Ms. Rossi said that she would be curious to find out about any efforts to monitor the implementation of the National Multisectoral Policy on Disability for Development to 2030. It would also be helpful to know whether it was true that the amount that local and regional governments were required to spend under Act No. 32139 on programmes for persons with disabilities had been considerably reduced under the Public Sector Budget Act for the fiscal year 2025 and that a bill had been submitted by the Ministry of Culture to revoke the recognition granted to Peruvian Sign Language under Act No. 29535. She would appreciate further information on the State party’s follow-up to the recommendations regarding the rights of LGBTIQ+ persons that were set out in the thematic reports mentioned by the delegation. She would like to know whether LGBTIQ+ persons were express rights holders under the National Multisectoral Policy on Human Rights; if not, why not; and what had prevented Congress from adopting several bills that had been submitted to it concerning the recognition of various gender identities and marriage equality. It would be helpful for the delegation to comment on reports that the Ministry for Women and Vulnerable Groups would be merged with another ministry and on the status of the bills on a national care policy that had reportedly been submitted to Congress.
A representative of Peru said that Act No. 27270, the anti-discrimination law, had introduced criminal and administrative penalties for acts of discrimination. The aim of the public policy measures previously mentioned by the delegation, including those related to social programmes and the multidimensional poverty index, was to promote inclusion and the redistribution of wealth. Under Supreme Decree No. 010-2020-JUS, the Ministry of Justice and Human Rights acted as the coordinating body for follow-up to recommendations from the inter-American and universal human rights systems. A digital platform had recently been launched to allow for interoperability with international human rights protection systems and real-time information-sharing, to ensure coordination among State agencies in responding to requests for information and to further the national strategy for the implementation and monitoring of human rights recommendations.
The right to prior consultation was provided for by law, and the Constitutional Court had recently confirmed that the remedy of amparo could be used to enforce that right. Claims that a law violated a person’s rights, the Constitution or a human rights treaty could be brought before the country’s ordinary courts, which were empowered not to apply laws that they deemed to be unconstitutional or in violation of a human rights treaty, or before the Constitutional Court.
Assessment reports for 2021, 2022 and 2023 on the National Multisectoral Policy on Disability for Development to 2030 were available, including in accessible formats, through the National Disability Observatory, which had an online presence on the website of the National Council for the Integration of Persons with Disabilities.
The Government had publicly acknowledged the need to merge certain ministries to achieve greater efficiency but had not identified specific ministries. The protection of women and vulnerable groups would, however, remain a central role of the Government.
Ms. Lemus de Vásquez (Country Task Force) said that she wished to know whether the State party had taken any steps to update and replaced the now expired Third National Plan to Combat Forced Labour 2019–2022 or to strengthen the National Commission against Forced Labour.
It would be helpful for the delegation to respond to reports that quotas to promote the employment of persons with disabilities were not enforced, that a high percentage of persons with disabilities worked in the informal sector and that persons with disabilities received lower wages than persons without disabilities. Information on training to increase the employability of persons with disabilities and to promote the use of reasonable accommodation and the creation of accessible work environments would also be appreciated.
She would like to find out what steps the State party was taking to help workers in the informal sector transition to the formal one, how it protected the economic and social rights of workers in non-standard forms of employment and whether the State party planned to repeal the provisions of the Income Tax Act that made non-domiciled foreign citizens subject to a 30 per cent tax during their first 183 days in Peru and thereby created a disincentive for them to work in the formal sector. She wondered whether the State party would consider amending Decree No. 22342 to restrict the currently unlimited number of times that a temporary contract could be renewed; on what economic and social criteria the amount of the minimum living wage was based; and what mechanisms were in place for the review and adjustment of that wage.
She would appreciate information on any measures to increase oversight of working conditions, particularly in rural areas and the informal sector, step up the identification and prevention of hazardous work and make educational and employment opportunities available to adolescents so that they would not have to accept hazardous work. She would also like to know what steps the State party was taking to promote the work of trade unions, inform workers of their trade union rights and protect workers against anti-union discrimination and reprisals. She wondered whether the State party planned to remove the restrictions on the right to strike in non-essential sectors and how it ensured an effective response by the National Labour Inspection Authority if the right to strike was infringed.
Lastly, she wished to know what steps the State party was taking to ensure the availability of social protection services in times of emergency, whether it had implemented the 2022 proposal by ILO for a comprehensive unemployment protection scheme in Peru and whether it had considered establishing a fund financed by employer, worker and State contributions to protect workers in the event of unemployment.
A representative of Peru said that the Ministry for Women and Vulnerable Groups continued to implement its project “Communities of Care: promoting equality and shared responsibility”, and its efforts to create a professional, accredited category of caregivers had prompted the Ministry of Education to roll out three programmes of study leading to qualifications as a specialist in, for example, the care of children or older persons or as a specialist’s aide. A train-the-trainers programme for caregivers working with older persons was being developed with support from the Inter-American Development Bank. The Ministry for Women and Vulnerable Groups had, together with the National Institute of Statistics and Information Management, developed a national time-use survey to learn how much time women and men spent on various activities, including unpaid domestic work, and had, in July 2024, created a working group for intersectoral coordination in matters related to the care of children, older persons and persons with disabilities.
The Ministry of Labour and Employment Promotion provided services for persons with disabilities through its Capacíta-T (Get Trained) platform and a national employment programme that sought to increase the employability of persons aged 15 years and older, particularly young persons living in poverty or extreme poverty or experiencing socio-labour vulnerability, through training and skill certification. The Ministry also provided services to persons with disabilities through job centres, and it made standard labour certificates – electronic documents that contained the information needed to streamline the hiring process for adults – available free of charge. The Ministry’s “Llamkasun Peru” temporary employment programme for unemployed or underemployed adults who were living in poverty or extreme poverty or facing financial hardship was also open to persons with disabilities and women who had been victims of violence.
Through its “Include Me, I’m Capable” initiative, the National Council for the Integration of Persons with Disabilities promoted employment and entrepreneurship opportunities for persons with disabilities in the public and private sectors by providing technical assistance and co-hosting job fairs with municipal and regional governments. In 2024, the Council had posted over 750 private sector job announcements and over 700 public sector ones on its website and had held 44 fairs for aspiring entrepreneurs, drawing 395 attendees, including 274 women.
The Alcides Salomón Zorilla Technical-Productive Education Centre provided educational services to persons with physical, visual, hearing, mental and intellectual disabilities and their families through various continuing education courses and programmes of study. In 2024, 53 continuing education courses had been held, with 1,038 participants, and 189 students had taken part in 7 programmes of study, with 62 of them graduating with a qualification as a specialist’s aide. In addition, 198 persons with disabilities had participated in 13 workshops held in Lima and Callao under a community-focused initiative of the Technical-Productive Education Centres.
The National Council for Persons with Disabilities provided training for public- and private-sector employees in order to raise awareness of disability, with an emphasis on the proper treatment and the labour rights of persons with disabilities. The Council also worked with the human resources departments of public institutions and private companies to build their capacity to meet the employment quota for persons with disabilities, focusing on processes of recruitment, evaluation, selection, training, job analysis and reasonable accommodation. In 2024, several activities had been carried out with a view to the labour inclusion of persons with disabilities. For example, 254 civil servants had received training to improve processes and procedures related to accessibility and reasonable accommodation. Another 488 civil servants from various institutions had participated in training workshops on the proper treatment and the rights of persons with disabilities, and over 1,700 private‑sector employees had attended a seminar, organized by the National Council for Persons with Disabilities and the National Labour Inspection Authority, on promoting inclusive workplaces and labour services for persons with disabilities.
In 2024, the Ministry of Labour and Employment Promotion had carried out various dissemination and training activities for the migrant population with a view to promoting integration in the formal labour market. Over 1,200 people had received training on their labour rights, and various informative materials had been published on social media. The Migrant Guidance Service had provided training on the rights of migrant workers for officials from all 25 regions in order to improve the assistance offered by regional governments.
Regulations on collective bargaining and minimum conditions of work in the framework of Act No. 31110 on the Labour System in the Agriculture Sector had been adopted. The Ministry of Labour and Employment Promotion had introduced guidance and advisory services on the exercise of the right to freedom of association and collective bargaining in the agriculture sector. In 2023, over 50 civil servants from various regional governments had received training on freedom of association, with special emphasis on the agriculture sector. According to data from the Ministry of Labour and Employment Promotion, formal employment in the agriculture sector was strongly seasonal in nature, with the highest levels of employment occurring between August and January. Since the adoption of Act No. 31110, registered employment in the agricultural sector had risen from 386,000 persons during the period August 2018–January 2019 to 473,000 persons during the period August 2022–January 2023, and the number of agricultural workers belonging to trade unions had risen from 3,211 in 2020 to 4,583 in October 2024. In recent years, the Ministry had organized more than 210 technical assistance meetings for regional governments on the management of labour conflicts in the agriculture sector. Since 2021, the State had increased its involvement in the peaceful settlement of labour disputes in the sector, notably by mediating in dialogue between trade unions and employers. Between January 2021 and December 2024, 16 trade unions had been established in agriculture and related sectors. New unions were being formed at a faster rate since the entry into force of Act No. 31110 in 2020. The overall rate of union membership in Peru stood at 9.2 per cent, with 547,000 unionized workers, 215,000 of whom belonged to private-sector trade unions.
The Government was currently formulating a multisectoral national plan for the prevention and eradication of forced labour. Peru had recently implemented its Third National Plan to Combat Forced Labour 2019–2022 and had made good progress in all strategic areas of the Plan, despite the COVID-19 pandemic. The Public Prosecution Service had incorporated some of the measures set out in the Plan into its activities and had adopted a protocol for the prevention and investigation of forced labour and the punishment of perpetrators. The Government had declared 1 February as Day against Forced Labour. A survey on the prevalence of forced labour had been conducted in one region with the cooperation of the National Institute of Statistics and Informatics and ILO. The Government worked with the regional authorities to ensure that local plans to combat forced labour included activities aligned with the Third National Plan, and it conducted awareness-raising on the problem of forced labour through various mechanisms. The Intersectoral Protocol against Forced Labour had been updated. A pilot project on the labour market reintegration of victims of forced labour and trafficking in persons had been approved. The evaluation of the Third National Plan was being finalized with technical assistance from ILO.
Ms. Lemus de Vásquez said that she would like to know how many persons with disabilities had benefited from employment promotion programmes and how many had actually found work. She particularly wished to know what penalties had been imposed on companies that had failed to comply with the employment quota and how the State party dealt with wage discrimination against persons with disabilities. She would appreciate a response to the question on whether the State party intended to amend its tax laws in order to encourage foreign nationals to enter the formal labour market.
She would be glad to receive – as the Committee had requested in the list of issues (E/C.12/PER/Q/5) – statistical data, disaggregated by age group, disability, sex, region, national origin, employment status and socioeconomic status, on social protection coverage in the State party. Recalling that 70 per cent of the Peruvian labour force worked in the informal economy and did not make regular pension contributions, she asked whether the Government planned to carry out a root-and-branch reform of the pension system in accordance with the principles of sustainability and equity; what incentives were in place to encourage self-employed workers to join the pension system; and what efforts were being made to expand non-contributory pension schemes to guarantee a minimum income for all older persons.
Mr. Hennebel said that he would be grateful if the delegation could respond to his questions on illegal mining and related aspects such as deforestation, mercury smuggling and contamination, and laws that allegedly favoured the impunity of actors involved in illegal mining. He would like to know what measures the Government had taken to protect legal mine workers from violence, in the light of reports that they had been targeted by criminal groups with links to illegal mining. It would be useful to learn about the State oversight of gold refineries and whether they traced the origin of the gold they received. He wondered how the State coordinated with civil society organizations and communities in order to effectively prevent and combat illegal mining and repair environmental damage.
Mr. Windfuhr said that, as most of the workforce did not contribute to a pension scheme, he, too, would be interested to know what the Government was doing to expand social security coverage. He would be interested to know how the labour inspection system worked in remote and rural areas and whether the State was able to inspect working conditions and respond to industrial accidents at illegal mines.
Mr. Hennebel said that he would like to know what action had been taken to ensure effective protection and access to justice for women victims of violence. In particular, he wished to know what had been the impact of the Act on the Prevention, Punishment and Eradication of Violence against Women and Family Members; how the State party assessed the performance of the specialized justice system for the protection of victims of violence against women and family members; and what improvements were envisaged. He wondered why femicides and domestic violence persisted, despite various legislative amendments and the adoption of the Inter-Institutional Protocol on Action against Femicide, Attempted Femicide and High-Risk Partner Violence, and whether the State party intended to take additional measures to combat femicide and gender-based violence. What steps were being taken to ensure the effective functioning and adequate funding of protection services for domestic violence victims?
Furthermore, he would like to know how the State party enforced the law prohibiting child marriage. It would be useful to know whether the Government planned to adopt a clear procedural framework for the annulment of marriages contracted prior to the entry into force of said law, and what strategies had been put in place to eradicate early unions and to change social and gender norms that legitimized them. He would also appreciate detailed information on actions taken by the Government to address child labour, especially in the mining sector.
The Committee would be interested to know what steps had been taken by the State party to give effect to the judgment of the Inter-American Court of Human Rights in the case Inhabitants of La Oroya v. Peru , including any measures of redress provided to the inhabitants of La Oroya for the health and environmental harms suffered as a result of industrial pollution.
The Committee would also like to know what steps had been taken to uphold the moratorium on evictions during the COVID-19 pandemic and what penalties had been imposed for non-compliance. It would be useful to know whether the State party intended to strengthen protections against eviction in the context of adaptation to climate change and the development of megaprojects. The delegation might also describe the Government’s plans to reduce the housing deficit in the light of wide social disparities in access to housing.
Furthermore, he would be interested to know what progress had been made to improve access to drinking water and sanitation, including in remote and rural areas, and to reduce the impact of extractive activities on water sources. He wondered what mechanisms were in place to ensure the equitable distribution of water resources and to follow up on the recommendations of the Special Rapporteur on the human rights to safe drinking water and sanitation, who had expressed concern that 31 per cent of the population were exposed to toxic substances in the water they received.
The Committee would be interested to learn about the results of programmes to combat hunger and malnutrition. It would like to know how the State party ensured that Indigenous and rural communities had equitable access to food and food distribution programmes. Information on measures to address the problem of child anaemia, particularly among Indigenous communities, would be welcome.
Regarding the right to health, he wished to know what steps the State party had taken to ensure universal access to healthcare, strengthen the national health system and increase the availability of health infrastructure and medical personnel, especially in the Amazon regions. Information on measures to ensure the equitable distribution of medicines and overcome the shortage of pharmaceutical products might also be provided. It would be interesting to know what progress had been made in implementing the Mental Health Act and what measures had been taken to promote access to mental health services, to treat mental illness and to prevent suicide. What strategies had been put in place to prevent outbreaks of diseases such as dengue and measles and to improve immunization coverage among children? How was the State party dealing with an increase in HIV infections, especially in Indigenous communities?
Furthermore, he wished to know how the State party ensured equitable access to contraceptives and to sexual and reproductive health services, particularly among rural women and adolescents; how it ensured the effective application of the technical guidance on therapeutic abortion; and how it tackled obstetric violence. He wondered what measures had been taken to prevent early and forced pregnancy and to provide psychological and social support for girls who had such pregnancies. He wished to know what had been done to ensure that women and girls had access to abortion services without hindrance, including in cases where continuing the pregnancy would endanger their lives, where the fetus was not viable, and in cases of rape or incest.
The meeting rose at 6 p.m.