Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes a communication from the General Confederation of Workers of Peru (CGTP) concerning Peru’s compliance with the Convention, enclosing the Alternative Report of 2008 on the application of the Convention in Peru received on 5 August 2008 and sent to the Government on 1 September 2008. This report was drawn up with the participation of the Inter-ethnic Association for the Development of the Peruvian Rainforest (AIDESEP), the Peasant Farmers’ Confederation of Peru (CCP), the National Agrarian Confederation (CNA), the National Coordinating Committee for Communities affected by Mining (CONACAMI), the Regional Association of the Indigenous Peoples of the Central Rainforest (ARPI), the Ucayali AIDESEP Regional Organization (ORAU) and non-governmental organizations belonging to the Indigenous Peoples Working Group of the National Coordinating Committee on Human Rights. In its observation of 2007, the Committee also noted another communication from the CGTP which was sent to the Government. The Committee notes that the Government did not send any comments with regard to these communications.

Article 31 of the Convention. Peoples with whom no contact has been established. The Committee notes that, according to the communication from the CGTP, the Government has adopted a policy and attitude which disregards or ridicules the nature, rights and claims of indigenous peoples tending to mislead and misinform public opinion. The communication refers to various quotations from the President of Peru, referring in particular to a statement he is alleged to have made according to which “against the oil industry, they have created the figure of the “unconnected” forest native, i.e. unknown but presumed to exist ...”. The communication indicates that it is not the indigenous organizations which have created this figure belonging to the Amazonian population: the Peruvian State itself has recognized them and has undertaken to defend their rights in various legal provisions, which are quoted in the communication. The Committee expresses its concern at statements which could give rise to prejudice or misconceptions with regard to indigenous peoples, and reminds the Government that Article 31 of the Convention states that “Educational measures shall be taken among all sections of the national community ..., with the object of eliminating prejudices that they may harbour in respect of these peoples. To this end, efforts shall be made to ensure that history textbooks and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of these peoples.” The Committee requests the Government to apply fully this provision and to provide information on the measures taken in this regard.

Part VIII of the report form. The Committee notes the CGTP’s statement that the Alternative Report was drawn up with the participation of the abovementioned indigenous organizations, culminating in three meetings in Lima on 30 June, 21 July and 4 August 2008, that a proposal to participate was sent to the Ministry of Labour on 19 May 2008 and it was invited to meetings in July and August 2008 but did not attend. The Government states that it had planned to hold a workshop in the third week of August 2008 to present the draft report with the participation of all the most representative indigenous organizations and with technical and financial support from the ILO, but this was unable to take place because of events that were beyond its control. The Government wishes to emphasize that those events were protests and demonstrations held in the Amazon region in relation to rulings on land ownership. In addition, the National Institute of Andean, Amazonian and Afro-Peruvian Peoples (INDEPA) was transferred to another ministry. Noting that the organizations’ view of the application of the Convention diverges completely from the Government’s view, the Committee considers that it would be highly desirable for the Government to consult the principal indigenous organizations in good time for the purposes of preparing its next report, and requests the Government to provide information in this regard.