Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in 2018 following the resignation of then president Pedro Pablo Kuczynski, under whom Vizcarra was vice president, on corruption allegations. Kuczynski had won the 2016 national elections in a vote widely considered free and fair. Using a provision of the constitution, President Vizcarra dissolved Congress in September 2019 and called for new legislative elections. Free and fair legislative elections took place on January 26 to complete the 2016-21 legislative term, as mandated by the constitution. On November 9, Congress impeached President Vizcarra for alleged corruption, under the “permanent moral incapacity” clause of the constitution. President of Congress Manuel Merino assumed the presidency on November 10 due to the lack of vice presidents but resigned on November 15 following a week of widespread protests. Congress then elected Francisco Sagasti as its new president on November 16, and he consequently became president of the republic.
The Peruvian National Police, who report to the Ministry of Interior, maintain internal security. The armed forces, reporting to the Ministry of Defense, are responsible for external security but also have some domestic security responsibilities in exceptional circumstances, such as the COVID-19 national state of emergency declared in March, and in designated emergency areas. Civilian authorities maintained effective control over the security forces. Members of the security forces were accused of committing abuses during protests this year, particularly during November 10-15 protests following the impeachment of former president Vizcarra.
Significant human rights issues included: arbitrary detentions (including of minors); serious government corruption at all levels, including in the judiciary; and sex and labor trafficking.
The government took steps to investigate and in some cases prosecute or otherwise punish public officials accused of abuses, including high-level officials. Nonetheless, corruption and perception of impunity remained prevalent and were a major concern in public opinion. President Sagasti publicly committed to support the investigation and prosecution of those responsible for abuses during the November 10-15 protests. The Public Ministry, which is the autonomous public prosecutor’s office, and the Inter-American Commission on Human Rights are also assessing the events of November 10-15.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, but there were widespread reports the police employed them, particularly against protesters during then president Merino’s November 10-15 presidency. National and international organizations, members of Congress, the press, and citizens alleged that these acts included: injury of more than 200 persons, including three journalists; the mistreatment of detainees, including degrading and sexually abusive practices; and the deployment of covert police agents who used violence against peaceful demonstrators. In December an Inter-American Commission on Human Rights (IACHR) mission to the country expressed concern regarding widespread reports of disproportionate violence and intimidating tactics by police against protesters, journalists, ombudsman staffers, and volunteer health workers.
Local and international nongovernmental organizations (NGOs) and the Office of the Ombudsman reported that police used cruel and degrading treatment and stated the government did not effectively prevent these abuses or punish those who committed them. According to NGO representatives, many victims did not file formal complaints about their alleged abusers, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation.
Impunity was a significant problem in the security forces. Following the November protests, the Sagasti government committed the government to launch internal investigations and to support the Public Ministry to investigate and sanction those responsible for police abuses during the protests. As of December the cases were under investigation. The Sagasti administration’s first attempts at police reform shortly after the protests faced strong political resistance in Congress and within the police force itself.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their national and local government in free and fair periodic elections held by secret ballot and based on universal, compulsory, and equal suffrage.
Elections and Political Participation
Recent Elections: Elections were held in April 2016 for Congress and president. Domestic and international observers declared the elections to be fair and transparent, despite controversy over the exclusion of two presidential candidates for administrative violations of election-related laws. Pedro Pablo Kuczynski won and assumed the presidency in July 2016, with Martin Vizcarra as first vice president. President Kuczynski resigned in March 2018, a few days before his impeachment hearing on corruption allegations. Pursuant to the constitution, in March 2018 First Vice President Vizcarra assumed the presidency following Kuczynski’s resignation. Congress voted to remove Vizcarra under the “permanent moral incapacity” clause of the constitution, and President of Congress Manuel Merino assumed the interim presidency on November 10. Merino resigned on November 15 following widespread protests and the deaths of two protesters. Congress appointed Francisco Sagasti as its president on November 16, and per the constitution’s order of succession, Sagasti then assumed the presidency of the country.
The country held free and fair legislative elections on January 26, following President Vizcarra’s constitutional dissolution of Congress in September 2019. Political opponents of Vizcarra presented a challenge in the Constitutional Tribunal to the dissolution. In January the Constitutional Tribunal ruled the president’s dissolution of Congress was constitutional, but it recommended amendment of the relevant articles of the constitution for clarity.
Political Parties and Political Participation: By law groups that advocate the violent overthrow of the government and adhere to ideologies intrinsically incompatible with democracy cannot register as political parties. In September the government enacted a constitutional amendment that prohibits individuals with a criminal record from running for public office.
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. In June Congress approved a law requiring gender parity in political parties’ lists of congressional candidates, in party lists to elect regional assemblies, in party tickets to elect regional governors and vice governors, and in party tickets to elect the president and vice presidents. This law raises a previous quota of 30 percent for each gender in congressional lists to 50 percent. Of the 130 members of Congress, 33 were women in the 2020-21 term, compared with 36 during the dissolved 2016-19 term, and 28 in the 2011-16 term. The advent of Sagasti’s government brought more women leaders to the fore. As of December the judiciary and the Ministry of Defense were led by women for the first time. Women also served as prime minister, attorney general, head of the Constitutional Court, and interim president of Congress.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of corruption by government officials during the year. Citizens continued to view corruption as a pervasive problem in all branches of national, regional, and local governments.
Corruption: Several high-profile political figures remained under investigation for corruption, particularly in relation to the well publicized Odebrecht corruption scandal.
Authorities transferred two-time presidential runner-up Keiko Fujimori from preventive detention to house arrest in May during the COVID-19 pandemic, while they continued investigating her for obstruction of justice and money laundering of campaign donations.
There were widespread allegations of corruption in public procurement and in public-private partnerships. Large transportation and energy infrastructure contracts frequently generated high-ranking political interference and corruption, including by former presidents and regional governors. Companies also reported midlevel government officials skewed tender specifications to favor bidders that paid bribes.
There was evidence of widespread corruption in the judicial system. Prosecutors continued an investigation launched following 2018 media reports on a judicial scandal involving allegations of influence peddling and graft by judges at all levels. Corruption was frequent at all levels of the PNP.
Financial Disclosure: Elected public officials and high-level appointed officials must submit personal financial information to the Office of the Comptroller General prior to taking office and periodically thereafter. The comptroller monitors and verifies disclosures, but the law was not strongly enforced. Administrative punishments for noncompliance may include suspension between 30 days and one year, a ban on signing government contracts, and a ban on holding government office. The comptroller makes disclosures available to the public.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.
Government Human Rights Bodies: The Ministry of Justice and Human Rights, and in particular the Vice-Ministry of Human Rights and Access to Justice, oversaw human rights issues at the national level. The Ministry of Interior and the Ministry of Women and Vulnerable Populations also had significant human rights roles. These government bodies were generally considered effective.
The independent Office of the Ombudsman operated without government or party interference. NGOs, civil society organizations, and the public considered it effective.
Congressional committees overseeing human rights included Justice and Human Rights; Women and the Family; Labor and Social Security; Andean, Amazonian, Afro-Peruvian Peoples, and Environment and Ecology; Health and Population; and Social Inclusion and Persons with Disabilities.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Discrimination, harassment, and abuse of transgender women and girls, including by police and other authorities, was a problem. During the COVID-19 national state of emergency, there was evidence of mistreatment of transgender citizens by police, particularly during a two-week period in which an emergency decree mandated that men and women were only allowed on the streets on alternate days. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons were particularly vulnerable to human trafficking and largely lacked access to comprehensive protective services.
The constitution prohibits discrimination, and individuals can file legal claims of discrimination based on sexual orientation or gender identity. Few national laws mention sexual orientation and gender identity as explicit categories for protection from discrimination, which left room for interpretations that overlook rights for LGBTI persons. Some regions and municipalities, including Piura, La Libertad, Loreto, and San Martin, have regulations that explicitly prohibit discrimination against LGBTI persons and provide administrative relief but not criminal sanctions.
The law does not provide transgender persons the right to update their national identity documents to reflect their gender identity. Transgender persons, therefore, often did not have valid national identification cards. This limited their access to government services. In August courts ordered the National Identity and Civil Status Registry to allow citizens to change their gender, name, and picture to reflect their current identity. As of November the case was under appeal by the government.
Government officials, NGO representatives, journalists, and civil-society leaders reported official and societal discrimination against LGBTI persons in employment, housing, education, law enforcement, and health care based on sexual orientation and gender identity. NGO representatives reported that law enforcement authorities repeatedly failed to protect, and on occasion violated, the rights of LGBTI citizens.
HIV and AIDS Social Stigma
Persons with HIV and AIDS faced discrimination and harassment, including societal discrimination, with respect to employment, housing, and social inclusion. The Ministry of Health implemented policies to combat discrimination based on HIV and AIDS status. HIV and AIDS affected transgender women and girls disproportionately, and many transgender women could not obtain health care because they lacked national identification cards reflecting their gender and appearance.
Other Societal Violence or Discrimination
In June the Ombudsman’s Office reported 140 active social conflicts and 50 latent ones. Social conflicts around extractive industries and socioenvironmental issues were 67 percent of the total number of social conflicts. Half of all social conflicts related to mining. As of August, 119 conflicts escalated to violence, resulting in a total of six deaths. In August media denounced physical abuses by police against citizens protesting mining operations in Espinar, Cusco. As of August the case remained under investigation.
Section 7. Worker Rights
e. Acceptable Conditions of Work
The law provides for a national minimum wage, which was above the official estimate for the poverty income level. The government did not effectively enforce wage laws, and penalties were not commensurate with those for similar crimes, such as fraud.
The law provides for a 48-hour workweek and one day of rest for workers in the formal sector. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 30 calendar days of paid annual vacation. In September, Congress approved legislation that aligns the labor rights of domestic workers with the rights of regular, formal-sector workers. The new law replaces previous laws that granted diminished rights to domestic workers, such as less vacation time and smaller yearly bonuses. The new law elevates the minimum age to perform domestic service jobs to 18.
Noncompliance with labor law is punishable by fines. Penalties were not commensurate with those for similar crimes, such as fraud. According to a labor NGO and labor experts, many fines went uncollected, in part because the government lacked an efficient tracking system and at times lacked political will. Labor inspectors have the authority to make unannounced inspections and initiate sanctions.
The law has fines and criminal sanctions for occupational safety and health (OSH) violations. The government did not effectively enforce OSH laws, and penalties for these violations were not commensurate with penalties for analogous crimes such as negligence. The number of labor inspectors was not sufficient to enforce compliance. Criminal penalties are limited to cases where employers deliberately violated OSH laws, and where labor authorities had previously and repeatedly notified employers who subsequently did not adopt corrective measures. The law requires workers to prove an employer’s culpability before they can obtain compensation for work-related injuries.
In January a tanker truck transporting liquefied petroleum gas exploded in Lima, killing two and injuring dozens. Observers said the event was caused by a lack of enforcement of security and safety standards. In late June another explosion took place in an industrial complex in Arequipa where inspectors were testing a boiler, resulting in three dead workers and two injured.
During the COVID-19 pandemic, many retail workers expressed concerns regarding inadequate health and safety protections, saying employers gave them only one mask per week. More than 20 workers alleged they were unjustly dismissed after asking for better protection against COVID-19.
Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, approximately 70 percent of the total labor force, received less than the minimum wage. Most informal workers were self-employed. Nearly 90 percent of Venezuelan migrant workers were in the informal sector, most of them in suboptimal conditions and earning less than the minimum wage due to their lack of proper documentation and inability to validate their academic credentials.