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Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Peru (RATIFICATION: 1994)

Other comments on C169

Observation

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Article 1 of the Convention. Peoples covered by the Convention. The Committee notes the Government’s indication that approximately 4,993 communities have been identified as being part of indigenous or native peoples on the basis of field work done by entities promoting prior consultation processes and by the Ministry of Culture, and/or on the basis of socio-demographic information managed by the Official Database of Indigenous and Native Peoples (BDPI). As for 2022, there were a total of 1,251 campesino (peasant farming) communities which did not have sufficient reliable and up-to-date information to be identified as being part of an indigenous or native people. The Government indicates that the work of the BDPI needs to be continued and priority is therefore being given to field work for the identification of indigenous peoples. In addition, the Ministry of Culture has asked the various consultation promotion entities to forward information on indigenous communities identified in these processes so that they can be incorporated in the BDPI. The Committee notes that the Directorate-General for Indigenous Peoples (DGPI) at the Ministry of Culture has been implementing an “indigenous peoples identification strategy” with the aim of gathering and analysing information on campesino communities which have not yet been able to be incorporated in the BDPI on the basis of the criteria of the Convention. The Committee requests the Government to continue to provide information on progress made on the identification and registration of indigenous peoples. The Committee also requests the Government to send up-to-date statistical information, as far as possible, on the socio-economic conditions of the aforementioned peoples.

Articles 2 and 33. Coordinated and systematic action. The Committee notes the Government’s indication that in the context of the Standing Multisectoral Committee (established in 2021) tasked with proposing, monitoring and inspecting the implementation of strategic measures and actions for the comprehensive development of indigenous and native peoples, a total of 122 strategic actions were adopted in response to the demands of indigenous organizations regarding: access to healthcare, development and the economy; access to education; rights of indigenous women; and legal certainty regarding land and territory. The Committee welcomes the fact that the DGPI, in conjunction with the indigenous peoples, is leading the preparation of the first multi-sectoral national policy for indigenous and native peoples. The Government indicates that the draft policy will be submitted in its entirety to a prior consultation process at national level with the representative indigenous organizations. A first version of the policy was presented to the indigenous organizations for consideration in 2022, and these organizations, with technical support from the DGPI, made contributions to it. The draft policy is currently being reinforced to incorporate the various demands and recommendations of the indigenous peoples. In addition, the Ministry of Culture as a lead agency on indigenous matters has reactivated the multisectoral working forum involving 16 sectors of the executive authority in order to ensure the effective implementation of the policy once it has been adopted.

The Committee encourages the Government to continue its efforts to move forward on the preparation of the national policy on indigenous and native peoples and hopes that the policy will be adopted soon. The Committee requests the Government to provide information on the manner in which the indigenous peoples will participate in the process of implementation and evaluation of the policy once it has been adopted. Lastly, the Committee requests the Government to send examples of the strategic actions adopted in the context of the Standing Multisectoral Committee tasked with proposing, monitoring and inspecting the implementation of strategic measures and actions for the comprehensive development of indigenous and native peoples.

Articles 3 and 12. Human rights. Legal proceedings. Indigenous women. The Committee notes that there is no information on this point in the Government’s report. The Committee once again requests the Government to provide information on the measures taken to ensure that indigenous women have access to information on their rights and to effective legal remedies to ensure respect for their rights, and that they can obtain compensation when their rights have been violated.

Article 15. Consultation and participation in benefits. Oil exploitation in Plot 192. The Committee notes the information sent by the Government on the holding of consultations and the conclusion of agreements with the communities relating to the exploitation of Plot 192.

Article 18. Protection of indigenous peoples in situations of isolation. The Committee duly notes that in the context of Act No. 28736 on the protection of indigenous and native peoples in situations of isolation or initial contact, the Ministry of Culture has implemented 16 monitoring and surveillance posts in strategic areas of access to reserves for indigenous peoples in situations of isolation or initial contact (PIACI) in the departments of Ucayali, Cusco, Madre de Dios and Loreto. This monitoring takes the form of patrols on rivers, on land and in the air. Plans have also been approved for the protection of reserves for the PIACI (for example, for the Yavarí Tapiche and North and South Kakataibo indigenous reserves), which are implemented by a management committee comprising local public actors, native communities and the Ministry of Culture.

Article 20(3)(c). Protection against all forms of debt bondage.As regardsthe habilitación system, the Committee refers to its observation. The Committee also notes the information provided by the Government on the National Plan to combat forced labour, information which will be examined in the context of the Forced Labour Convention, 1930 (No. 29).

Article 24. Health. The Committee notes the detailed information provided by the Government on the various measures taken to prevent COVID-19 in the indigenous communities.

Articles 26 and 27. Education. The Committee notes that, according to information from the Ministry of Education, the review of the implementation of the National Plan for Bilingual Intercultural Education noted progress on the incorporation of the intercultural education model (46.5 per cent for initial education and 50.5 per cent for primary education). Furthermore, 1,503 secondary education institutions have adopted an intercultural pedagogical proposal. The review also identified the need for decentralization in education and noted the lack of bilingual specialists. The Committee notes that the Ombuds Office, in its report of 28 September 2022 (annex to the report for the Fourth Cycle of the Universal Periodic Review) indicates that a progressive reduction in the budget for actions to reinforce bilingual intercultural education has been observed. The Committee encourages the Government to continue its efforts to promote and implement education services for indigenous peoples that address their particular needs and take account of their social, economic and cultural aspirations, and requests the Government to provide information on the measures taken for this purpose.