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:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were widespread allegations that Peruvian National Police (PNP) members committed arbitrary or unlawful killings during demonstrations following the impeachment of former president Vizcarra. Confirmed victims during the November 14 protest were Inti Sotelo and Brian Pintado. As of December the Public Ministry was investigating the two deaths.
In February courts confirmed a 2019 order for 36 months of pretrial detention for former PNP commander Raul Prado Ravines, accused of leading a killing squad. The case involved the alleged killing of more than 27 criminal suspects during at least nine separate police operations from 2012 to 2015 to cover up police corruption and to generate awards and promotions. For their roles in the operations, 14 police officers were in preventive detention (eight in prison and six under house arrest) awaiting trial. As of September Prado Ravines’s location was unknown.
The Shining Path domestic terrorist group conducted five separate terrorist attacks against military patrols that killed five security force members and two civilians and wounded 12 soldiers in the Valley of the Apurimac, Mantaro, and Ene Rivers (VRAEM).
Human rights and environmental activists expressed concern for their own safety while working in areas with widespread natural resource extraction, which often included illegal logging and mining. Activists alleged local authorities and other actors engaging in these activities harassed the activists, especially in areas where officials faced corruption charges and suspicion of criminal links. In April criminals who illegally sell land they do not own, often in nature reserves or indigenous areas, allegedly killed an indigenous environmental activist in Puerto Inca, Huanuco. In September an environmental activist was killed in the Madre de Dios region, where illegal mining is prevalent. Activists claimed the slow, ineffective process for punishing harassers effectively supported impunity.
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.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Following the November 9 protests and change in government, citizens, domestic and international organizations, and members of Congress expressed concern that police did not follow lawful arrest and detention procedures during widespread political protests. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones and during the national state of emergency for COVID-19.
Section 6. Discrimination, Societal Abuses, and 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.
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.