Informe DDHH - Examen Periódico Universal ONU, mayo 2008

8/9/2019 Informe DDHH - Examen Peridico Universal ONU, mayo 2008

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REPORT OF HUMAN RIGHTS IN PERU

UNIVERSAL PERIODIC REVIEW

Human Rights Council United Nations

Geneva, May 2008

National Coordinator for Human Rights from Peru is an institution working over20 years in the country and which groups 66 organizations at national level. Thisreport is a contribution to the Universal Periodic Review of the Human RightsCouncil, main mechanism in the reform process of the United Nations andspecially, the consolidation of the universal system of protection of human rights.This way, and ad portas from the first UPR period where Peru will present areport on human rights, we wish to send some impressions from the civil societywe have regarding the issue and noting some characteristics of the socio politicalsituation our country is going through.

Therefore, Peruvian civil society has special concerns regarding some view pointsof the issue which must be looked upon by the esteemed members of theexamination team as well as by the international community represented by thedistinguished Human rights Council and the members of the General Assembly.

We suggest some key questions that will urge the Peruvian State to strengthentheir strategies regarding integral human rights protection:

1. What redistributive public policy proposals is the Peruvian Stateimplementing to struggle against poverty and rural extreme poverty thataffects 9 million persons in a country which counts with 8% of annualeconomic growth?

2. Given the serious and massive human rights and humanitarian rightsviolations occurred during the internal armed conflict; how is the Stateconfronting the struggle against impunity, the access to justice andreparation to the victims, and what institutional reforms have beenimplemented to avoid the events of prior decades being repeated?

3. How is the relevance of fundamental freedoms and especially of human

rights defenders, being guaranteed? What measures and sanctions havebeen presented regarding the hostility actions they have suffered?


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4. How to impel certain measures to adapt the national institutionalityaccording to the international standards assumed by the Peruvian State inthe ratification of treaties regarding human rights- like the adaptation of the Rome Statute, the Mechanism for Torture Prevention, etc.?

5. Is there any progress in searching for equal opportunities between menand women, and with special attention to cases of gender violence andsexual violence? Which are the inclusion and protection measures forrights of vulnerable collectives of discrimination like the indigenouspeoples, afro descendents, handicapped persons, LGTB collectives?

1. Concerns regarding fundamental freedoms

The working conditions for civil society in general and particularly human rightsorganizations, have been spoiled confronting a progressive increase of hostilities,

campaigns, threats and even intervention with little or null investigation will andprotection on behalf of the competent authorities. On the other hand, thepressure from the local communication media is more and more frequent,specially, those that disseminate critic messages towards the government. 1 Thereare also serious access problems to the right to justice, caused not only by the

judicial systems inefficiency by but high levels of corruption.

There have been in total 53 cases of harassment and slander against defenderagents, specially, against those working on issues related to present cases beforethe court for human rights violations, in the research of torture cases producedafter the period of political violence and, above all, with social conflict situationsderived mainly from extractive activities (mining, wood, oil) and theirenvironmental impact. This years particularity is that there have been new flanksfor attacks starting with the extradition and judicial process against formerPresident Alberto Fujimori and that not only includes threats but also an attackto the memorial Ojo que Llora (Eye that cries), in homage to all the victims of the political violence, which was partially destroyed in September 2007 withoutcarrying out any kind of investigation.

At the same time, there has been a media campaign against NGOs from the pressthat carried out jobs in favor of the corruption network of the regime of formerPresident Fujimori and his advisor, Vladimiro Montesinos (Expreso and La Razonnewspapers). To this campaign some political spokespersons from the currentgovernment have summed, Vice-president Admiral Luis Giampetri, somecongressmen involved in human rights investigations and congressmen fromFujimoris political party. Regarding the case of the organizations related to thedefense of the environment the situation was much more critical, they have had

1In April 2007, the Transportation and Communication Ministry ordered the closure of three radio and three

television stations that disseminated the death of Marvin Gonzales by the police, during a regional strikeagainst the government. In September the Orion Station was closed, in Pisco-Ica, for transmitting

information related to discontent of the population affected by the earthquake. In all these cases, determinedformal matters where used as an excuse to shut them down. However, many enterprises continue workingwithout any objection in spite of committing much more serious infractions.

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telephone bugging and have been followed by non identified actors, but notinvestigated, besides false accusations which seek to discredit their work andharm their personal honor.

From strong social protests by mid 2007 2 Congress granted faculties to theExecutive to enact legal norms to stabilize the situation. Among these norms,there are some that cause great concern from human rights and fundamentalfreedoms view point because they criminalize in many cases socialdemonstrations and restrict people from participating in them. 3 Also, the writingof the extortion crime according to the Legislative Decree 982 implies totaldenaturalization, so its inclusive to a public action that pretends to denunciate aviolation to human rights or protest against the damage of the environmentwould be considered extortion. The new exemplification of the extortion crimepenalizes and disposes the in-habilitation of public servants just for participatingin strikes. This article would be penalizing the right of freedom of expression and

to participate in public matters that any citizen has and indirectly presents thestrike as a criminal action. Under the argument of citizenship security, seriousrestrictions to the right of free movement: it is increasingly difficult to obtainguarantees for public demonstrations, like the restriction of these to many zonesin the city. Also, in the past two years, there have been 14 deaths of citizens dueto the action of the order forces, with only one case under criminal investigation.

During 2007, the government pretended to control the Peruvian InternationalCooperation Agency (APCI) 4 all the beneficiary organizations of internationaltechnical cooperation. Also, the modification of the norm pointed out thatdriving resources of international technical cooperation for activities that affectpublic order or damage public or private property" 5 will allow APCI, besides of applying a monetary sanction, suspension and, even, cancellation of theregistration of the organizations in the register. Fortunately, this law waspronounced unconstitutional by the Constitutional tribunal, which pointed outthat the faculties attributed to APCI attempted directly on the fundamental rightof free association and the right to have a private life regarding legal persons.

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Published in July 22th, 2007.3 For example, the modification of Article 200 of the Criminal Code establishes the possibility of sanctioning public servants with decision power who hold trustworthy or directive posts who participatein strikes or protests. Likewise included under the extortion crime (...) by violence or threat, take over of premises, obstacle communication roads or impedes free transit of citizenship or disrupts the normalfunctioning of public services or the execution of works legally authorized, with object of obtaining fromauthorities any benefit or illegal economic advantage of any kind () Additionally modifying Article 20of the Criminal Code indicating that the police agents or the military who cause injuries or deaths () inthe fulfillment of their duty and in use of their arms in a regulated manner () are exempt of criminalresponsibilities. These measures have contained the protest temporally but combined with a weak functioning or absence of institutional channels for demands of citizens towards the State, aconfrontational environment has been fostered and with very little space for dialogue.4 Created by Law 27692 the 12 of April 2002 and modified for the Apci law, law number 28925

published in December 8th 2006.5 Created by law 27692 in April 12th 2002 and modified for the so called Apci law, law No. 28925published in December 8th 2006.

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On the other hand, limitations for access to justice persist. One of the mostimportant problems for human rights processes is the absence of a stateprotection system for witnesses, offended and defenders, including those whoreceived precautionary measure on behalf of the Inter American Commission.However, and thanks to the enactment of the Supreme Decree 061-2006-PCM 6 the state will cover legal defense expenses of members of the armed forcesaccused of human rights violations, a paradox if we compare it with the absenceof court appointed lawyers for serious human rights violations.

Also, access to justice of women victims of family and gender violence is verylimited given the indifference of the juridical operators in the subject but theabsence of a regulation frame for a proper protection (very little precautionarymeasures are granted 7 , the administration and judicial process still demands thevictims to face their attackers, soft sanctions are applied which are notdissuasive, etc.). This without counting with the precarious institutionality that

ends in the lack of a public system of shelters for emergency cases of gender anddomestic violence. This situation is worse in the case of indigenous women.

Regarding the right to an identity, we find administrative obstacles whichdemand correction and vigilance of instances in charge of the civilian register of persons generating millions of undocumented Peruvians. Specially, birth anddeath certificates which however are guaranteed by law to be free of charge butthe regulations inside the interior local governments, in charge of them, are notrespected. CEDAW Committee also points out that this problem, especiallyaffecting indigenous women from rural and Amazon zones.

Another reason of great concern is the increase of the torture rates in thedetention centers and in the armed forces. The Committee against Torturerecommended in their review of the country report 2006 that the Peruvian Stateshould implement a National Register on Torture and Other InhumanTreatments, measure that has not been taken and that urges the State to fulfillwith the established in the Facultative Protocol of the Convention againstTorture and establish a National Prevention Mechanism. 8 In this sense, we arevery concerned about the extreme vulnerability of the penitentiary system whenis comes to protect the fundamental rights of the inmates like life, integrity,security, etc. A tragic example is the re opening by the end of 2007 of thePenitentiary Challapalca which has a Special Closed Regime located over 4,600m.a.s.l., and reaches minus 25 C and which was closed down due to arecommendation given by the peoples Ombudsman, because its location goes

6 Published in September 22nd 2006 in the Official newspaper El Peruano.7

Only two of the 227 victims cases analyzed of infringements against persons for family violence, someprotection measures were granted; in spite that 68.7% requires immediate protection due to the possibility of being assaulted again. Report from the Peoples Ombudsman.8 The term for its implementation expired on October 14 th, 2007. It is important to point out that thismechanism fulfills with all the standards of autonomy and legitimacy included in the protocol. The National

Coordinator of Human Rights is developing a campaign to appoint the Peoples Ombudsman for thatpurpose. For the time being, the only register regarding this issue is in charge of the Peoples Ombudsman,of cases reported in their instances.

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against fundamental rights such as life, personal integrity, health and theprinciples of re socialization.

Also mention that the mental health law is pending approval to assure the rightto count with mental health attention under the principles of universality,

accessibility, availability and service quality in the public health policies; both atindividual and community level. This is especially important for a country whichhas passed a period of armed violence but which also faces challenges of pendinginclusion of persons with disabilities like the attention of high risk population dueto their poverty conditions disasters, discrimination and other forms of violence.

Finally mention the repeated violation of the rights of the Lesbian, Gay, Trans-sexual, transvestite and trans gender and bisexual persons LGTB collective,discrimination of victims in many spheres. Like for example, access to healthprograms and sexual health, in educational centers; being also vulnerable to

physical and psychological violence in citizenship security policies. The plan forequal opportunities (between men and women) do not have any specialmeasure respecting discrimination due to sexual orientation (lesbians) for womenand neither do any educational programs to create awareness regarding thisissue.

2. Concerns related to the ongoing of economic, social, cultural andenvironmental rights; and social exclusion.

Seven years have passed since the fall of president Fujimoris dictatorial regime,today in legal procedure for serious violations to human tights, and at the end of an armed conflict that devastated the country during two decades, Peru showsbefore the international community signs of economic stability with asustainable growth of the GNP, fiscal discipline, growing integration in theinternational market, etc. and several commercial agreements in course.

An instrument that should serve to measure policies regarding human rights and,particularly, Economic, Cultural and Social rights was the National Human RightsPlan (NHRP). 9 This document obliged the State to carry out positive actionsregarding different human fundamental rights and was elaborated from 18 macro

regional consultations and 10 regional consultations which involved almost athousand social leaders and all the Executives instances (Ministries andDecentralized Public Organizations), like congressmen/women and the PeoplesOmbudsman. However, until now the current government has not given it a duetreatment, pointing out that it is not legitimate for not going through politicalaccords, denying all the process developed. This norm even when in manycases actions have taken place has not been considered as a guideline regardinghuman rights issues, as it was intended to be. So the Peruvian State shouldimplement the National Plan for Human Rights and widen it until fulfilling theRegional Human Rights Plans.

9DS. 017-2005 JUS Creates the National Human Rights Plan and was promulgated in December 10th,

2005.

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Also comment that the country is facing several problems related to the struggleagainst poverty, a situation that makes vulnerable economic, social and culturalrights of great part of the people, 10 concentrated in rural zones and Andean andAmazon zones, like post conflict zones.

Another issue to be concerned about for the National Coordinator of HumanRights is the vulnerable situation the indigenous peoples are regarding theprotection of their territories. Many bills in Congress pretend to ease dissolutionof peasant and native communities. These regulations would have as end topromote mining and oil companies to acquire those territories. Until now,mining and oil concessions are granted over vast extensions of territories withoutconsulting the indigenous peoples who live in those territories. Thediscrimination towards the members of indigenous peoples is appreciated in theirprecarious living conditions and the reluctance of the authorities to invest in

health, education, food or assure a worthy employment. Over five millionindigenous peoples are totally excluded from the health services. The educationthey receive is extremely deficient and there is not even any measure adopted toassure transportation for the children to the classrooms, which do not haveheating even in the coldest zones of the country. This same discrimination isnoticed regarding the indigenous peoples demands about environmentalproblems which are not taken seriously. Most people killed or hurt by the policein these last seven years have been indigenous people who protested forenvironmental damages or the absence of state policies.

Regarding the health field, we are concerned about the gap of conditionsbetween services acceded by rural and urban citizens, the gap is almost 50% inthe enjoyment of these basic rights like having drinking water (92% against 41%in rural population) or electricity (96% against only 36% in rural zones).Likewise, the child malnutrition level in rural areas is 45%. The magnitude of thispicture shows the increase of the gap of alarming social exclusion in a countrywhich has an annual growth rate of 8%, one of the highest in the Latin Americanregion.

About the right to education, if the registration coverage, access and schoolingare increasing, there are still multiple gaps for children to have a properschooling according to their age, which affects the poorest directly. Only 63% of the children are located under the lowest percentile of poverty get to finishelementary school. Also, regarding school achievement, only 73% of childrenbetween 11 and 13 years of age finish elementary school (according toparameters of school grade in Peru, this age should be 11 years) 11. The scarcepresence of Bilingual Intercultural Educational programs in zones with a marked

10According to the Report of the National Survey of Homes of the National Institute of Statistics and

Informatics of 2006, 69.3% of rural citizens are in poverty situation and 37.1% in extreme poverty situation.The total diminishing of poverty in the rural sector in the period 2005-2006 was only 0.5%, while the

diminishing of extreme poverty only 0.8%. Source: Technical Report ENAHO 2006. National StatisticsInstitute11

Figures from the Education Ministry web page.

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presence of indigenous and native population, is very serious, increasingdesertion level and of very low school performance. Also, mention that withinthe process of educational reform, a permanent process in the past years, verylittle progress has been made regarding an increase in the education quality, mostof the efforts are centered in the teachers evaluations matter that generatesstrong conflicts with the teachers syndicate but does not tackle otherstructural aspects like the low budget for the salaries (an average of 200 Eurosper month) and the lack of incentives for their professional performance.

Additionally, if we face a progressive reduction of the countrys unemployment,the average is currently 8%, the truth is that the vulnerable conditions aregreater that the Latin American region average, being 55% of the employment inthe informal sector (facing 48% of Latin American average 12). Even in sectorswhich are supposed to be formal, like in agro exportation there are systematicsituations of abuse: women who work in this sector are demanded 12 hour

working days, with no payment for extra hours, without counting how long ittakes them to reach the plantations. These workers do not have bonuses,holidays or compensation for time served, due to the Law 27360 whichapproves the Norm for the Promotion of the Agrarian Sector, prorogated byLaw 28810 until year 2021.

Another particular concern is the situation of child labor in zones of artisanmining and drugs trafficking, zones with minimal presence of the state and whereminors are used as captive work force, vulnerable to child trafficking and sexualexploitation. The estimation is that there are over 33 thousand people only inthe Amazon zone.

Finally point out that, in spite of receiving the visit of Special Rapporteur for theRight to Proper Housing from the United Nations, Miloon Kothari, in February2004, Peru still does not comply with international standards regarding thesubject of the right to proper housing, there is no specific public policy andlegislation on the matter is inexistent.

3. Concerns related with democratic institutionality and the full effect of thestate of law.

Corruption continues to be an extended phenomenon over which severaldenunciations have been made, but they have not received proper attentionfrom the authorities until the recent creation of the new bureaucratic entity, stilltrying to define its functions and until today lacks of resources to act. 13 Likewise, and according to their international commitments, the adaptation of the criminal legislation to the Rome Statute is pending, where the incorporationof crimes against humanity and the amplification of the concept of sexualviolation are highlighted, this last one of major importance for the protection of

12 OIT estimations based on information of National Survey of Homes. Data has urban coverage.13 Although in 2007 the National Anti Corruption Office was created, this basically acts at executive level.

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womens human rights. There is a bill which seeks the implementation but,unfortunately, is still to be approved by Congress. We consider this situation of extreme importance for a country which has lived an internal armed conflict andwhich faces justice and reparation measures for crimes against humanity.

Another issue of special concern is the military jurisdiction speaking of justiceadministration, its design does not guarantee the figure of a competent,independent and impartial judge (Law 29182) when active officials are allowedto fulfill the work of judges or prosecutors in the military or the police 14. Thissituation repeats itself with the appointment of military judges on behalf of theExecutive Power. The same way, the Legislative Power in Peru has nearlyreached four years failing to fulfill the sentences from the Constitutional Tribunalwhich since August 2004, order to adjust the organic law and the military-policecriminal code both according to international standards and to the PeruvianConstitution, but Congress has ignored this judicial mandate. On the contrary, in

three subsequent opportunities, they have outwitted the essence of theConstitutional Tribunals rulings, adopting two laws that do not pay attention tothe Constitutional Tribunals indications (Laws No. 28665 and Law No. 29182)and prorogating indefinitely a legislation which had been declaredunconstitutional (Law No. 28934).

Likewise, at the beginning of the transition period by the end of the year 2000,one of the main challenges was to create a model for the democratic direction of the armed forces, by which the political authority is who defines, directs andsupervises the defense policies management and at the same time accountable tothe citizenship. A first great objective of the re structuring process of the DefenseMinistry, is the publishing of the new law of the Defense Ministry Law 29075,which establishes the juridical nature, function and responsibilities and basicorganic structure of the Defense Ministry, published in August 1 st, 2007.However, still pending is the creation of the institutional design of nationaldefense which will contribute to strengthen democracy, so everything calleddefense, and everything depending on staff and military organizations, will beattribution, responsibility and competence of the Defense Ministry.

14 So, article 9 of the norm states that The Supreme Tribunal of Military Police is formed by ten (10)Supreme Members, from the Juridical Military Police Corps, with military or police degree of GeneralOfficer, Admiral or the equivalent, currently active [our underlining]. In the case of the vocals and

judges of lower instances, the norm repeats this condition of officers currently active in articles 15 and 19.In the case of military and police prosecutors it is established in article 22. So, the law approved in itsarticle 10 establishes that: The Members from the Supreme Tribunal of Military Police are appointed bythe President, proposed by the court [our underlining]. In the case of the supreme prosecutors, the lawestablishes the same modality for selection in its article 23. For judges and prosecutors from lowerinstances, articles 13.2 and 23 state they will be appointed by the Supreme tribunal and the SupremeAttorney military and from the police respectively; namely, by the military. Regarding this, article 154 of the Peruvian Constitution establishes that the appointment of all judges and attorneys in the country-excepting exceptions foreseen in the Constitution- is exclusive authority of the National Council of

magistrates, an autonomous constitutional body which does not form part of the Executive Power.

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Another urgent issue, especially in a country with a high rate of conflicts, is theconstitutional regulation of the juridical figure of the states of emergency forwhich certain guarantees and fundamental freedoms can be suspended to favorinternal security. In this sense, the Constitutional Tribunal declared, in thesentence of file 017-2003-AI/TC of March 16 th 2004, the unconstitutionality of several articles of law 24150 modified by legislative decree 749, which is referredto emergency zones, the Armed Forces can not assume the responsibilities andattributions of the political authorities and points out the characteristics of theoffense when performing their functions (Delito de Funcion). However, thePeruvian State promulgated in May 2004, the law 28222 15, which establishesthree supposed intervention scenarios of the Armed forces in the internal orderwithout the need to declare the state of emergency 16, opening the possibility of counting with a concealed state of emergency, because it allows the ArmedForces to operate in control operations of the internal order, with out the decreeof a corresponding state of emergency by the Executive.

This situation gets more serious when there is norm, law 29166, Law thatestablishes rules for using force on behalf of the staff of armed forces in nationalterritory, which tries to establish by law resolutions the regulation of the use of armed forces in internal order scenarios, it sets out all actions carried out bymilitary personnel when exercising their functions which can be supposed as anoffense committed when performing their functions, are jurisdiction of themilitary police grounds. This situation attempts against national and international

jurisprudence due that you can not suppose the commission of offensescommitted when performing their functions, these must be determined by theconcurrence of material criteria and defined objectives.

4. Concerns linked to the process of transitional justice of post internal armedconflict (recommendations made by the Final Report of the Truth andReconciliation Commission).

In the front of democratic institutionality, Peru faces a halt in the follow-up of the recommendations of the Truth and Reconciliation Report, especiallyregarding the process of opening proceeding for victims of the internal armedconflict, like the process itself of the states democratic reform. This way, forexample, in 2001 the Inter American Court of Human Rights declared theAmnesty Laws 25479 and 25492 invalid, and we only achieved firm sentences intwo cases of human rights violations. The first called Delta del Pichanki, wherepeasants involved in political violence and two policemen where sentenced. Andthe Chuschi case, for death and disappearance of 4 peasants in the Chuschi,Ayacucho in 1991. For this crime a Major of the Peruvian Army Colins Collanteswas sentenced to 16 years of imprisonment and the Sub Officer of the NationalPolice Jaurez Aspiro to six years of imprisonment; these resolutions whereconfirmed by the Supreme Court. There are four other sentences in first instancefor different violations to human rights and a firm sentence for the leadership of

15 Law 28222 modifies law 25410.16 Law 28222 Law modifies law 25410. Art. 1. May 17th 2004.

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the armed group Sendero Luminoso, sentencing the head of this subversivegroup for life. Progress regarding this matter would be different is there werentany clear position on behalf of the state sectors, of concealing the intellectualand material authors of diverse crimes. Pointing out briefly that in the Peruvian

judicial system, we find permanent obstacles and with interference of otherpowers, mainly from the Defense sector where there is no collaboration for theproceedings 17 but have even protected many of their members throughunconstitutional laws. This reached its peak, when in October 2006 theExecutive approved a norm so the State pays legal defense to any member of theArmed Forces or the National Police, accused of a human rights violation; whilethousands of victims due to poverty, geographic exclusion, social and culturalmargination (managing another language which is not Spanish) cannot accede tolegal defense and have their right to justice and even their physical integritydamaged 18.

Almost half the cases (26 proceedings) delivered to the Public Ministry on behalf of the Truth and Reconciliation Commission are still under preliminaryinvestigation in spite that over three years have passed since their initiation. 19 Regarding the reparation to victims the process of accreditation to make a

Victims Register, this has already began in charge of the Reparation Council.However, also has started, on behalf of politicians belonging to the governmentlike of Fujimoris followers, a discrediting campaign which intends, according toexplicit declarations, to question the management of their president like thehalting of the work under the argument that they are repairing terrorists. Inthis sense, political support from the government is urgent to strengthen andprotect it from these actions. In this sense, its urgent to assure continuity andinstitutionality for the Reparation Council, guarantying their annual budget likethe collaboration of all the sectors involved. It is especially necessary that thedefense sector sends information concerning the victims of the order forces toinclude them in the Victims Register.

In the case of the collective reparation to communities affected in charge of theMulti Sectorial High Level Commission, we find difficulties to implement a

17For example see the Human Rights Watch Report La Segunda Oportunidad de Alan Garcia: La Justicia

en los Casos de Abusos de los Derechos Humanos en Per, July 2006 where it is conformed that thearmed forces has systematically denied to deliver relevant information to civilian investigators. Specially,due to the decision of approving the ruling of the Defence Commission before a full session of thelegislative power, where it is reaffirmed in the axes declared illegal by the Constitutional tribunal in thesentence 023-2003, published in October 2004. This sentence points out that military judges cannot beofficials in activity, that their appointment cannot be made by the Executive Power, that the Public ministryis autonomous and so there cannot be a Military Public Ministry and finally that the military in retirementsituation cannot be judged by military tribunals due to their incorporation to civilian life.18

In Peru there is not any specific legislation for the protection of witnesses-victims in the case of humanrights, this situation worsens the cases against crimes against human rights and crimes against humanity dueto the internal armed conflict.19

Informe Defensorial N 128, Peoples Onbudsman in Peru. August 2007, pages 109 e.a. The

Ombudsman highlights that The Inter American Human Rights Court has pointed out the slow pace atwhich fiscal investigations make progress and these can imply violation to judicial guarantees and the rightto judicial protection

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reparation protocol that can distinguish the execution of these from other publicpolicies of the right to development.

This way, it is very worrying that the criteria to establish zones for reparation donot fit with the zones managed by the Reparation Council (in charge of theelaboration of the Community Register, book II of the Victim Register).Regarding individual reparation, victims have only gained admittance to theIntegral health Insurance, social program for people in poverty and extremepoverty, which covers basic aspects of physical health. However, its necessary towiden the field of attention to mental health, at community and individual level,very urgent in cases of torture survivors who require complex treatments whenthere are physical sequels.

As it is known, the Truth and Reconciliation Commission (TRC) proved theexistence of 2,200 burial sites and noted 2,444 more burial sites which they

couldnt verify. Due to the work of human rights organizations the registeredand verified burial sites reach currently 4,014, meaning, nearly double of whatwas thought in the beginning. However, five years later after delivering the TRCFinal Report very few processes of anthropologic-forensic investigations havebeen carried out and there are many problems between the Public Ministry / Legal Medicine Institute and the civil society organizations involved in thesubject. Especially the lack of coordination to develop these investigations; lackof information for the relatives of the victims and the NGOs that sponsor them;problems with the recognition of the full participation of independent forensicteams as experts in these processes.

Likewise, unfortunately the subject of institutional reforms, very important fornot repeating the period of violence, have had such little progress in the reformof the armed and police forces, the judicial system, the educational system andthe presence of state services for the zones affected by violence.

5. Concerns for the situation of womens rights.

Since 2007, Peru counts with an important instrument to reduce the gapbetween men and women, called law of equal opportunities 20 whichrecognizes, on the one hand, the idea l equity needed between genders and onthe other, promotes measures for equal opportunities with respect to the pluricultural, multi lingual and multi ethnical reality. As part of the follow-upmechanisms an annual rendering of accounts before Congress on behalf of theMinistry Council action which has not taken place.

On the other hand, the Committee for Elimination of Discrimination against Women of the Convention about the elimination of all forms of discrimination

20 Published March 16th 2007 in the oficial newspaper El Peruano.

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(CEDAW), in its 37 th period of sessions in 2007 21 made some observations to thePeruvian State still pending to be fulfilled. The committee pointed out that thelack of reliable statistic data broken down by sex, rural and urban zones andethnic origin in the report, makes it difficult to accurately evaluate the womensreal situation in all the ambits treated by the Convention and of the possiblepersistence of direct or indirect forms of discrimination. Likewise, theCommittee still observes with concern some of the criminal figures notcategorized as a crime in the criminal code, like incestuous abuse, and also pointout the insufficient protection regarding health and reproductive rights of women, in particular, the high rate of adolescent pregnancies. Regarding this, it isstill pending, on behalf of the education sector, to approve the guidelines for anIntegral Sexual Education, the approval of the key guidelines both of accessinginformation and the struggle against existing gender stereotypes arediscriminatory against women with that directed to fight violence againstwomen.

Finally mention the need to implement prevention measure for maternalmortality, which rate is 186 of one hundred thousand births is directly related toabortion conditions and the scarce medical attention of the pregnancy and thepost delivery in the countrys far away zones.

21 Carried out between january 15th to February 2nd 2007.

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RECOMMENDATIONS TO THE PERUVIAN STATE

UNIVERSAL PERIODIC REVIEW

National Coordinator for Human Rights, after presenting the report about thehuman rights situation in Peru, urges the Peruvian State to pay especial attentionto the following recommendations:

1. Assure the full validity of public freedoms, pillars of democratic exerciseand citizenship participation and of political dissidence. In this sense, werecommend:

a. Assure protection for human rights defenders (in cases investigatingtelephone bugging, threats to their lives and physical integrity, etc)and implement a national system for witness, aggreived personsand defenders protection for cases regarding serious violations of human rights. In 2007 alone 53 threat, hostility and intimidationcases were registered, to members from the defense of humanrights institutions as well as environmentalists, witnesses, offendedpersons, experts and justice operators.

b. The derogation of the legislative decrees 982, 983, 988 and 989(criminalization of social protests).

c. The implementation of the National Prevention Mechanism againsttorture, autonomous and independent according to the establishedin the Facultative Protocol of the Convention against Torture andother Cruel or Inhuman or Degrading Treatment or Punishment.

d. A reform for the penitentiary system which will assure a minimumof integrity, security and mental health of inmates; like the definiteclosing of penitentiaries in extreme territories, which affect inmateshealth as well as the guardians, like Penitentiary Challapalca(4,600 meters above sea level).

e. Assure full validity of the non discrimination principle, specially,when fighting against racism in public institutions, when treatingpersons belonging to the LGTB collective and equal opportunitiesbetween men and women.

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2. The design and application of economic and public policy re-distributionmeasures reached to struggle against poverty and extreme poverty, especially, inthe rural sector. Specifically:

a. The implementation of the national Plan for Human Rights, atnational and regional level

b. The application of previous, free and informed consultations forindigenous and peasant population regarding mining, oil and forestprojects.

c. The amplification of the water network, sanitation and electricity;struggle against child malnutrition in rural zones.

3. Regarding democratic institutionality, we recommend:a. The urgent derogation of law 29182 (military justice law) which

violates all the constitutional principles framed by the countrys

Constitution.b. The regulation of the genocide crimes, crimes against humanity andagainst the humanitarian international law in the national criminalcode according to the Rome Statute of the International CriminalCourt and other international instruments for human rights andhumanitarian international law.

c. The subordination of the Armed Forces to the Defense Ministry,civilian and democratic control instance in the state of law.

d. The regulation of the juridical figure of the states of emergency andmodification of law 29166 which presumes as an offensecommitted while performing functions (and so belonging to themilitary jurisdiction), of any military personnel action, including theuse of fire arms, regarding internal security.

4. Regarding the measures before the serious violations against human rightsand international humanitarian law in the 20 years of armed conflict, weurge to:

a. To speed the human rights violations cases presented, in particular,those delivered by the Truth and Reconciliation Commission to thePublic Ministry for their presentation (almost half of them, fiveyears later, are in preliminary investigation).

b. To count with the total disposition of the Defense Ministryregarding the elaboration of the Victims Register (transfer of preexisting registers of victims from the order forces) like the pass tothe civilian area of cases of human rights violations.

c. To impulse the process of Reparation, with the fulfillment onbehalf of the Executive with the Integral Plan for Reparations, likethe collective reparation in zones mostly affected by violence,following the guidelines of the organizations in charge of the

Victims Register (Reparation Council) like the implementation of

the individual reparation programs.

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d. To execute the National Plan for Forensic Anthropology toinvestigate approximately 4 thousand clandestine burial sites.

5. Assure the full validity of sexual and reproductive rights for men andwomen, with non discrimination, we especially recommend:

a. The approval of the guidelines for integral sexual education in theeducation sector to fight against the gender stereotypes and accessto scientific information with human values.

b. The struggle against all forms of violence against women, whichimplies to count with a program to assist, shelter and protectwomen, (follow-up of restraint orders) for cases where they aremore vulnerable.

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Documents

Informe DDHH - Examen Periódico Universal ONU, mayo 2008