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Peru

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.

Civil Judicial Procedures and Remedies

Citizens may seek civil remedies for human rights violations, but court cases often take years to resolve. Press reports, NGOs, and other sources alleged that persons outside the judiciary frequently corrupted or influenced judges.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press.

The March-June COVID-19 quarantine regulations included journalists and reporters as one of the essential services allowed to transit for work. The National Association of Reporters (ANP) expressed concern for the precarious work conditions for reporters, which included reporting without adequate protective equipment from areas with a high prevalence of COVID-19. The ANP reported 82 reporters died due to COVID-19 between March and August, 35 of whom contracted the disease while reporting from the field.

Violence and Harassment: The Institute of Press and Society (IPYS) and the ANP issued 21 alerts for violence against and harassment of reporters, including threats from local government representatives and a leader of illegal coca growers. IPYS and the ANP reported journalist Daysi Lizeth Mina Huaman went missing on January 26, the day of congressional elections. Mina Huaman was last seen in Santa Rosa, Ayacucho, in the VRAEM region, which had a strong drug-trafficking presence, where she went to vote and conduct interviews about the elections. It was unclear whether her disappearance was related to her work as a journalist.

IPYS denounced PNP aggression towards journalists who covered local protests in July, as well as injuries suffered by three journalists beaten by police during the November protests. It also denounced recurring death threats and online harassment of journalists by anonymous assailants and alleged business and political representatives.

Censorship or Content Restrictions: There were no reports of official censorship. NGOs reported that some media, most notably in locations with a strong presence of illicit activities, practiced self-censorship due to fear of reprisal by local authorities with links to those activities. During the November protests, police detained a man and a woman working at a Lima print shop for producing protest materials. The woman alleged she was sexually assaulted during detention.

Nongovernmental Impact: NGO representatives reported that local figures linked to a wide array of political and economic interests threatened press freedom by intimidating local journalists who reported on those activities. This was particularly acute in areas with a strong presence of illegal activities.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. Due to movement restrictions and prohibitions on large gatherings under the COVID-19 national state of emergency, academic and cultural events were held virtually or cancelled. These prohibitions did not affect the content of the events.

e. Status and Treatment of Internally Displaced Persons

The Ministry of Women and Vulnerable Populations’ National Registry for Displaced Persons recognized 59,846 displaced persons in the country, most of whom were victims of the 1980-2000 internal conflict. The registration and accreditation of displaced persons provided for their protection, care, and humanitarian assistance during displacement, return, or resettlement. According to the government’s Reparations Council, some internally displaced persons who were victims of the 1980-2000 internal conflict experienced difficulties registering for reparations due to a lack of proper identity documents.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

More than one million foreign-born persons, including immigrants, refugees, and asylum seekers, lived in the country as of August. Venezuelans were the largest nationality, numbering more than one million. Of the Venezuelans, 58 percent were women. The government granted 486,000 temporary residence permits (PTPs) in 2017 and 2018 to Venezuelans, after which it discontinued the program. PTP holders may legally reside and work in the country before their PTP expires while they transition to another, regular migratory status. These other statuses include a “special migratory resident status” designed for PTP holders who can certify economic activity and no criminal record. This status adjustment results in a foreign resident status and an identification equivalent in most ways to a Peruvian citizen’s national identification. As of September an estimated 200,000 Venezuelans held regular foreign resident identification. Although the last valid PTPs were set to expire during the year, the government extended the validity of all identification documents to December 31, 2020, due to the COVID-19 pandemic.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for protecting refugees. The government cooperated with UNHCR and recognized the Peruvian Catholic Migration Commission as the official provider of technical assistance to refugees. The commission also advised persons who sought asylum based on a fear of persecution. The government protected refugees on a renewable, year-to-year basis in accordance with commission recommendations.

Durable Solutions: The government does not have a formalized integration program for refugees, but it received persons recognized as refugees by other nations, granted refugee status to persons who applied from within Peru, and provided some administrative support toward their integration. UNHCR provided these refugees with humanitarian and emergency aid, legal assistance, documentation, and, in exceptional cases, voluntary return, and family reunification.

Temporary Protection: As of September the government provided temporary protection to more than 500,000 individuals since 2017 while they awaited a decision on their refugee status. Nearly all of them were Venezuelan. The government provided these individuals with temporary residence permits and authorization to work while they waited for a more permanent legal status, such as approval of their asylum application or change to foreign resident migratory status. Following the COVID-19 national state of emergency, the government extended until December 31 the validity of asylum-seeker identification documents set to expire during the year.

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 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. Penalties are a minimum of 14 years and a maximum of life in prison. Enforcement was inadequate.

The law defines femicide as the crime of killing of a woman or girl based on expectations, assumptions, or factors distinctive to her gender. The minimum sentence for femicide is 20 years, and 30 years when the crime includes aggravating circumstances (e.g., crimes against minor, elderly, or pregnant victims). Enforcement of the law was slow, and prosecution of cases was often ineffective.

The law prohibits domestic violence; penalties range from one month to six years in prison. The law authorizes judges and prosecutors to prevent a convicted spouse or parent from returning to the family home. The law also authorizes the victim’s relatives and unrelated persons living in the home to file complaints of domestic violence. The law requires a police investigation of domestic violence to take place within five days of a complaint and obliges authorities to extend protection to female victims of domestic violence. Enforcement of the law was lax.

Violence against women and girls, and sexual, physical, and psychological abuse were serious, underreported national problems. A government health survey from 2019 released in June stated 57 percent of women ages 15 to 49 had suffered physical, psychological, or sexual violence in the previous 12 months. COVID-19 quarantine laws posed increased challenges, since a substantial proportion of violence against women took place in the home. Between March and July, the Ministry of Women and Vulnerable Populations reported more than 36,000 cases of violence against women, including 36 femicides, 32 attempted femicides, and 800 cases of sexual abuse. As of August more than 1,200 women and girls were reported as “missing” during the COVID-19 quarantine, placing them at high risk of human trafficking or other forms of violence and exploitation.

The Ministry of Women operated service centers for victims of domestic violence and sexual abuse and their accompanying children. These centers provided short-term shelter as well as legal, psychological, and social services. NGO representatives expressed concerns about the quality and quantity of the program’s services, particularly in rural areas. The ministry operated a toll-free hotline and implemented projects to sensitize government employees and the citizenry to domestic violence. The Public Ministry operated emergency spaces that women and children could use for short-term accommodation, and the government made efforts to expand temporary shelters, but NGO representatives and members of Congress stated there were not enough.

The Ministry of Women’s mobile emergency teams, composed of social workers and mental health professionals, aided women in highly vulnerable situations during the strict quarantine period from March 16 to May 31. The ministry reported attending to victims of rape (more than half of whom were minors) in that period, while acknowledging a shortage of rape kits. During the first week of quarantine in March alone, the ministry received 2,436 complaints through its hotline, responded to one femicide, and coordinated with police to intervene in 207 conflicts.

Sexual Harassment: Sexual harassment was a serious problem. The law defines sexual harassment as comments, touching, or actions of a sexual nature that are unsolicited and unwanted by victim. Sexual harassment is a crime with a penalty of up to eight years in prison. Sexual harassment in the workplace is also a labor rights violation subject to administrative penalties. Government enforcement of the law was minimal.

In February courts confirmed the 2019 sentence of a man for sexual harassment and imposed a sentence of four years and eight months in prison. This was the first ever conviction for sexual harassment of an adult victim.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to have the information and means to do so, free from discrimination, coercion, or violence. The law prohibits abortion, except to save the life of or prevent serious illness to the mother.

The civil society organization PromSex reported that women in rural areas, especially Quechua-speaking women, were mistrustful of health-care providers, who sometimes imposed fines on indigenous women who gave birth at home. Health-care providers reportedly threatened to withhold birth certificates. Indigenous women and those living in rural areas experienced “verbal aggressions, mistreatment, the imposition of institutionalized and horizontal childbirth, and ignorance of their language and customs,” when seeking reproductive health services. Other factors, such as lack of sexual education, location of health centers, religious and social reasons, and economic hardships also contributed to the mistrust of the state health-care system.

Early motherhood continued to be a risk to adolescent health. According to the 2019 Demographic and Family Health Survey of the National Institute for Statistics and Informatics, 12.6 percent of female adolescents ages 15-19 had been pregnant at least once, and of those 9.3 percent were already mothers while 3.3 percent were pregnant for the first time. The World Health Organization (WHO) 2019 Trends in Maternal Mortality Study reported 92 percent of births were attended by skilled health personnel. According to the WHO, between 2010-2019, 66 percent of women of reproductive age had their need for family planning satisfied by modern methods.

Provincial prosecutorial offices are required by law to incorporate victims of sexual violence into the national Victims and Witness Assistance Program, or to request the required protection measures from the court; however, one NGO reported 15 percent of criminal prosecutors did not make these requests. The Ministry of Women and Vulnerable Populations coordinated provision of shelters for female victims of sexual assault, sexual violence, and human trafficking, and offered free legal, psychological, and social services and assistance; however, NGOs reported shelters were often not equipped to provide specialized psychological services. There were 446 Emergency Centers for Women in the country.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for equality between men and women. It prohibits gender-based discrimination between partners regarding marriage, divorce, pregnancy, pay, and property rights. The government did not enforce the law effectively.

Arbitrary dismissal of pregnant women and workplace discrimination against women were common. The law stipulates that women should receive equal pay for equal work, but women often were paid less than men.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, defined as individuals with a physical, sensory, or mental impairment that limits one or more major life activities. The law establishes infractions and punishments for noncompliance. It provides for the protection, care, rehabilitation, security, and social inclusion of persons with disabilities, and mandates that public spaces and government internet sites to be accessible to them. It requires the inclusion of sign language or subtitles in all educational and cultural programs on public television and in media available in public libraries. The government generally did not effectively enforce the law.

The law requires companies to have job selection processes that give persons with disabilities the opportunity to apply for jobs on equal terms with persons without disabilities. The law also requires employers to provide employees up to 56 hours of leave per year to accompany their relatives with disabilities to medical appointments.

The government failed to enforce laws protecting the rights of persons with mental disabilities. NGO representatives and government officials reported an insufficient number of medical personnel providing services in psychiatric institutions.

Persons with disabilities faced immense challenges due to inaccessible infrastructure, minimal access to education, insufficient employment opportunities, and discrimination, according to government and civil society leaders. The Ombudsman’s Office reported approximately 87 percent of children with disabilities did not attend school and 76 percent of persons with disabilities did not work. One government survey reported that 70 percent of employers stated they would not hire a person with a disability.

Indigenous People

Indigenous persons remained politically, economically, and socially disadvantaged. They faced threats from land grabbers, narcotics traffickers, illegal miners, illegal loggers, and extractive industries that operated near or within indigenous land holdings, often in the Amazon. Indigenous persons were particularly at risk for both sex and labor trafficking. Many indigenous persons who lived in rural communities had limited access to justice, protection, or abuse prevention activities. Indigenous leaders expressed concerns that the national and regional governments did not adequately protect indigenous peoples and their property interests. In April an indigenous Kakataibo leader was killed in Puerto Inca, Huanuco, allegedly by criminals illegally selling land. In August, three indigenous Kukama citizens died after a clash with police while protesting oil extraction operations in Bretana, Loreto.

While the constitution recognizes that indigenous peoples have the right to own land communally, indigenous groups often lacked legal title to demarcate the boundaries of their land. Amazonian indigenous peoples continued to accuse the national government of delaying the issuance of land titles. By law indigenous communities retain the right of unassignability, which should prevent the title to indigenous lands from being reassigned to a nonindigenous person. Some indigenous community members, however, sold land to outsiders without the majority consent of their community.

The national government retains subsurface mineral rights for land nationwide. This led to disputes between local indigenous communities, the national government, regional governments, and various extractive industry interests. The law requires the government to consult with indigenous communities on proposed extractive projects or on changes to current extractive projects. The law also requires the government to produce a detailed implementation plan to facilitate government and private-sector compliance; implementation of this law was somewhat effective.

The law requires the Ministry of Culture to establish a database of indigenous communities entitled to consultation. As of August the ministry recognized 55 indigenous peoples as entitled to “prior consultation” and confirmed the existence of another 14 indigenous peoples in voluntary isolation, with very limited or no contact with the rest of the country. From 2014 to 2019, the government initiated 24 prior consultations with various indigenous communities, which generated 487 agreements. Of those 24 prior consultations, 10 had concluded and 14 continued.

NGOs, legal experts, and the Ombudsman’s Office expressed concern that indigenous communities did not have sufficient training to engage fairly in consultations with the government and extractive industries.

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

a. Freedom of Association and the Right to Collective Bargaining

With certain limitations, labor laws and regulations provide for freedom of association, the right to strike, and collective bargaining. The law prohibits intimidation by employers and other forms of antiunion discrimination. It requires reinstatement or compensation of workers fired for union activity. The law allows workers to form unions without seeking prior authorization. By law at least 20 workers must be affiliated to form an enterprise-level union and 50 workers must be affiliated to form a sector-wide union or federation. Some labor activists viewed this requirement as prohibitively high, particularly for small and medium-sized businesses, which represented 96.5 percent of all businesses.

Long-term employment under short-term contract schemes was widespread, including in the public sector. The use of unlimited consecutive short-term contracts made the exercise of freedom of association and collective bargaining difficult.

Private-sector labor law sets out nine categories of short-term employment contracts that companies may use. The law sets time limits on contracts in each category and has a five-year overall limit on the consecutive use of short-term contracts. A sector-specific law covering parts of the textile and apparel sectors exempts employers from this five-year limit and allows employers to hire workers indefinitely on short-term contracts. The law provides for hiring, compensation, and paid-leave benefits for agricultural workers until 2031, including consecutive short-term contracts.

In August a leader of a street-cleaning union denounced physical aggression by unidentified persons who threatened her, allegedly due to her public demands for better labor conditions. As of August the case remained under investigation.

The law allows unions to declare a strike in accordance with their governing documents, with prior notice of five days for the private sector, 10 days for the public sector, and 15 days for emergency services. Essential services must also receive the approval of the Ministry of Labor to strike and provide a sufficient number of workers during a strike to maintain operations. Neither private-sector nor public-sector institutions may legally dismiss workers who strike.

The government did not effectively enforce the law on freedom of association, collective bargaining, or other labor laws. Penalties were not commensurate with penalties for other laws involving denials of civil rights, such as discrimination.

Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations and, according to labor experts and union representatives, were rarely enforced. Workers faced prolonged judicial processes and lack of enforcement following dismissals for trade union activity.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always enforce it effectively. The law prescribes penalties of eight to 15 years’ imprisonment for labor trafficking and six to 12 years’ imprisonment for a separate crime of forced labor. Penalties were not commensurate with penalties for analogous crimes, such as kidnapping. Forced labor crimes continued to occur in domestic service, agriculture, forestry, mining and related services, factories, counterfeit operations, brick making, and organized street begging. Illegal logging, which had a devastating impact on the landscape and the environment, affected many indigenous communities who found themselves trapped in forced labor. The narcoterrorist organization Shining Path used force and coercion to recruit children to serve as combatants or guards. Shining Path also used force and coercion to subject children and adults to forced labor in agriculture, cultivating or transporting illicit narcotics, and domestic servitude, as well as to carry out terrorist activities.

Officials from the National Labor Inspectorate participated in joint operations with police that led to the identification of victims of forced labor. The government also continued to implement the National Plan of Action against Trafficking in Persons 2017-21.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

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.

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