Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the observations from the Single Confederation of Workers of Peru (CUT) and the General Union of Wholesalers and Retailers of the Grau Tacna Commercial Centre (SIGECOMGT) dated 28 April 2011, and the observations from the General Confederation of Workers of Peru (CGTP) dated 25 July 2011. The Committee also notes the observations from the International Organisation of Employers (IOE) dated 19 October 2011. The Committee requests the Government to send its comments on these observations.

The Committee recalls that the Conference Committee, at its 2010 session, welcomed the adoption by the Congress of the Republic of the Act concerning prior consultation and expressed its confidence that the Act would be promulgated by the President in the very near future. However, the Committee noted at its last meeting that the President had not promulgated the Act and had made a series of observations on it. In this regard, the Committee notes with satisfaction the adoption by the Congress of the Republic on 23 August 2011 of the “Act regulating the right of indigenous and original peoples to prior consultation as recognized by ILO Convention No. 169”, which was promulgated by the President of the Nation on 7 September 2011. Under section 1, the new Act must be interpreted in conformity with the Convention. Noting that the aforementioned Act requires the adoption of implementing regulations within a period of 180 days, the Committee requests the Government to take the necessary steps to ensure that any regulations adopted take full account of the provisions of the Convention. The Committee requests the Government to send information on this matter and on any measures relating to implementation of the Act. Such information will be examined by the Committee at its next session together with other pending issues.