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Violations of the rights of indigenous peoples in Peru

The Working Group on Indigenous Peoples of the National Human Rights Coordinator (GTPICNDDHH) publishes the report Universal Periodic Review (UPR) 2017 entitled “Violations of the rights of indigenous peoples in Peru”, presented to the United Nations.

To prepare the report, the institutions that are part of the GTPICNDDHH, generated technical analyses based on normative identification, and also collected information from the indigenous organizations that they accompany at the national level.

The publication was prepared with the assistance of the European Union, OXFAM, Ford Foundation and the Flemish Coalition for North-South Cooperation 11.11.11.

The content of this publication is the sole responsibility of the Working Group on Indigenous Peoples of the National Human Rights Coordinating Committee and can in no way be taken to reflect the views of the European Union, OXFAM, the Ford Foundation and the Flemish Coalition for North-South Cooperation 11.11.11.

The introduction to the report is reproduced below.

In the last four years, Peru has entered into an apparent process favourable to the protection of the rights of indigenous peoples. After the tragic events in Bagua in 2009, the Law on Prior Consultation, Law No. 29785, was enacted in 2011 and its regulations were issued the following year. However, which was a positive starting point, it has not brought about significant progress.

The energy matrix and the income generation model are dependent on the development of extractive activities, such as mining and hydrocarbons. This has meant, in the last four years, the deployment of a set of policies that seek to address the fall in prices of the raw materials that these activities extract and export. Thus, a set of measures known as “economic reactivation” have been having a direct impact on the rights of indigenous peoples on a different scale.

Perhaps the central one is the effect on their territories, superimposing projects on them without consultation, with limited mechanisms for participation and generating very serious social and environmental impacts. The policies promoted by the State in recent years seek to make extractive and infrastructure projects viable, reducing standards and capacities for environmental oversight.

In this scenario, the Universal Periodic Review (UPR) is presented as an opportunity to generate advocacy and propose changes to improve the management of human rights and indigenous peoples in Peru. The UPR is a mechanism of the United Nations Human Rights Council to submit its member countries to a review of their compliance with human rights and, on that basis, to generate recommendations for the improvement, respect and full application of those rights.

This mechanism is strengthened by its participatory nature, incorporating information generated by indigenous organizations, institutions and civil society in general. In this regard, we present this report as a contribution to the UPR, and to the human rights agenda in the country, with emphasis on the situation faced by indigenous peoples.

This report is a product of the work we carry out as the Working Group on Indigenous Peoples of the National Human Rights Coordinator of Peru – WG PPII and has been sent to the Office of the United Nations High Commissioner for Human Rights for inclusion in the UPR 2017.

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