Progress and Persistence in Peru

I am writing this article from Peru, where I am one month into my IHRP internship with the Centro de Políticas Públicas y Derechos Humanos ‐ Perú EQUIDAD (Centre for Public Policy and Human Rights – EQUITY Peru) in Lima. I have done two other internships in Peru, in 2002 and 2005, and these experiences inform my conclusion that while Peru is developing on many fronts, significant and institutionalised problems persist.

Peru, a country with a long history of economic problems, currently has the fastest‐growing economy in Latin America. As Peru’s economy develops, the process of rebuilding and enhancing democracy continues. The truth and reconciliation process, initiated after the end of the 20‐year internal armed conflict between 1980 and 2000, has seen a series of considerable achievements, including the completion of a comprehensive inquiry into the conflict and its causes. The former President Alberto Fujimori, who imposed a dictatorship from 1992 to 2000, is in prison following conviction on charges of serious human rights violations and corruption.

The current conglomerations of power do not, however, seem stable. Although substantial progress has been made, particularly in economic terms, state institutions are still fragile and the rule of law tenuous. These weaknesses are reflected by the fact that not all Peruvians consider Fujimori to be a criminal, and he retains strong support amongst some sectors of the population. These supporters have united behind Fujimori’s daughter, Keiko, who will run in the presidential elections next year and has promised to annul her father’s convictions if elected. Further, while many political leaders often refer to the protection and promotion of human rights, respect for these rights appears patchy or dependent on political circumstances. Indeed, the current President, Alan García, is himself accused (although not formally) of massive human rights violations during his first presidency from 1985 to 1990.

One of the current projects of Perú EQUIDAD is assisting in the evaluation of Peru’s first National Human Rights Plan, and in particular, the extent to which the government has implemented the Plan. The Plan will expire this year, and the government is considering whether to extend, amend, or replace it. I am working as part of a civil society team (comprised of representatives of Perú EQUIDAD and other NGOs) to assess the government’s compliance with the Plan’s major objectives. Unfortunately, the indications so far are that the Plan has been largely irrelevant to the work of the government, even though compliance with the Plan is required by law.

I have also been researching a number of ways to recover a debt that the Peruvian state owes as a result of a judgment of the Inter‐American Court of Human Rights. In Acevedo Buendía y otros (“Cesantes y Jubilados de la Contraloría”) v. Perú, the Court held that the state’s failure to comply with judgments of its own Constitutional Court relating to its violation of certain social security rights of over 200 former government employees breached the American Convention on Human Rights. These employees were therefore entitled to various remedies including compensation. However, despite the binding nature of the Court’s judgment (as well as judgments of the Constitutional Court), the Peruvian state has yet to pay the amounts owed to the employees.

In the coming months, I expect to focus on issues relating to the rights of indigenous peoples in Peru. Indigenous communities suffer from a wide range of problems, including poverty and tensions with the government that have resulted in violence. Last year, there were significant protests in the Amazonian provinces of Bagua and Utcubamba against what some Indigenous communities saw as the government’s failure to protect their rights in their traditional territories and resources, or the active violation of those rights by the government. These sentiments culminated into an armed conflict between protestors and the national police. Approximately 33 protestors, civilians and police were killed, and 200 others were wounded. The possibility of similar conflicts arising remains, as much of Peru’s current economic growth is related to mining activities, and many current and yet to be exercised mining concessions are on or close to areas inhabited by Indigenous peoples.

Although it appears that Peru’s current economic boom indicates progress in the country’s development, the state remains fundamentally fragmented and politically and socially unequal. The country possesses great wealth, but underdeveloped institutions are unable to ensure that the wealth is effectively managed to promote more equitable distribution. Many good laws, including provisions concerning human rights, are on the books, but are not always enforced. Where interests of those in power are at stake, there is a real risk that the rights of minorities may be ignored or overridden. In this context, the work of Perú EQUIDAD, other members of civil society, and institutions of the state are important in promoting a more lawful and fair government and society