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Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Pedro Castillo assumed the presidency in July, succeeding President Francisco Sagasti, after winning the June 6 presidential runoff, in elections that observers characterized as free and fair. Legislative elections took place concurrently to elect the 130-member, single-chamber parliament.

The Peruvian National Police report to the Ministry of Interior and maintain internal security. The Peruvian Armed Forces, reporting to the Ministry of Defense, are responsible for external security in addition to some domestic security responsibilities in designated emergency areas and in exceptional circumstances. Civilian authorities maintained effective control over security forces. There were credible reports that members of security forces committed some abuses.

Significant human rights issues included credible reports of serious government corruption at all levels, including in the judiciary; lack of investigation of and accountability for gender-based violence; and sex and labor trafficking.

The government took steps to investigate and, in some cases, prosecute or otherwise punish public officials accused of abuses and corruption, including high-level officials. Nonetheless, corruption and a perception of impunity remained prevalent and were major public concerns.

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

In contrast with 2020, there were no reports that the government or its agents committed arbitrary or unlawful killings.

On May 23, between three and five unidentified individuals shot and killed 16 persons, including two minors, in the town of San Miguel del Ene, in the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM). The Joint Command of the Armed Forces attributed the killings to the self-named Militarized Communist Party of Peru, led by remnants of the Shining Path domestic terrorist group, which was active in the VRAEM and heavily engaged in drug-trafficking activities. Press reported surviving witnesses’ testimonies that cast doubt on that official account, noting that the appearance, modus operandi, and retreat direction of the shooters did not match the usual behavior of the Militarized Communist Party of Peru. The incident, which took place two weeks before the June 6 second round of presidential elections, was under investigation by the Public Ministry as of November.

As of November the Public Ministry was investigating the killings allegedly committed by security forces of Inti Sotelo and Brian Pintado in November 2020, during protests following the congressional impeachment of former president Vizcarra. The Public Ministry was also investigating the December 2020 death of demonstrator Jorge Munoz, allegedly killed by members of the Peruvian National Police (PNP) during an agricultural workers’ strike in Chao, La Libertad.

The prosecution continued of former midlevel PNP officer Raul Prado Ravines, accused of leading an extrajudicial killing squad from 2012 to 2015. The case involved the alleged killing of more than 27 criminal suspects during at least nine separate police operations to cover up police corruption and to generate awards and promotions. As of October there were 14 police officers in preventive detention, eight in prison and six under house arrest, awaiting trial for their alleged roles in the operations. In September 2020 a judge issued a pretrial detention order against Prado Ravines, but as of November his location was unknown.

Human rights and environmental activists expressed concern for their own safety while working in areas with drug trafficking or widespread natural resource extraction, such as illegal logging and mining. Activists accused actors engaging in these activities and local authorities of harassing them, especially in areas where officials faced corruption charges and suspicion of criminal links. As of October at least four environmental rights defenders in the Peruvian Amazon, mostly indigenous leaders, had been killed defending their land. In February criminals who were reportedly engaged in drug trafficking and illegal logging allegedly killed two indigenous Kakataibo environmental activists, Herasmo Garcia and Yenes Rios, in Puerto Nuevo, Ucayali. In March suspected land traffickers killed indigenous Ashaninka leader and environmental activist Estela Casanto in Shankivironi, Junin. In July unidentified individuals shot and killed indigenous leader Mario Lopez in Puerto Bermudez, Pasco. Nongovernmental organizations (NGOs), fellow activists, the United Nations, and various government actors expressed concern for the increase in killings of environmental activists (four environmental activists were killed during the year and five in 2020, compared with one in 2019). Activists claimed the slow, ineffective justice process supported continued impunity.

b. Disappearance

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 reports that government officials employed them. Local and international NGOs 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 against their alleged abusers, and those who did so purportedly had difficulty obtaining judicial redress and adequate compensation.

Prosecutors continued investigations of widespread allegations that police committed abuses against protesters during the five-day presidency of Manuel Merino in November 2020. In October the attorney general requested Congress to allow a criminal accusation against Merino, his prime minister Antero Florez Araoz, and his minister of interior Gaston Rodriguez as responsible for the abuses, including two confirmed killings. On November 12, Congresswoman Susel Paredes filed a request for Congress to discuss allowing the criminal accusation against Merino, Florez, and Rodriguez.

Impunity remained a significant problem in the security forces. The lack of sanctions regarding the November 2020 alleged abuses by security forces heightened public concern regarding accountability. There is an autonomous legal system that governs the conduct of active-duty PNP and military personnel. Prosecuting high-level officials, including ministers of interior and ministers of defense, requires a formal request from prosecutors to Congress to lift officials’ immunity and congressional approval to proceed.

Prison and Detention Center Conditions

Prison conditions were generally harsh due to overcrowding, improper sanitation, inadequate nutrition, poor health care, and corruption among guards, who allegedly smuggled weapons and drugs into the prisons.

Physical Conditions: As of May the National Penitentiary Institute (INPE) reported the prison system held 86,812 prisoners in 69 facilities designed for a total of 40,137 prisoners. Of inmates, 36 percent were in pretrial detention. The population at the largest prison in the country, the Lurigancho penitentiary, was 3.7 times its prescribed capacity.

Assaults on inmates by prison guards and fellow inmates occurred. Many inmates had only intermittent access to potable water. Bathing facilities were often inadequate, kitchen facilities were unhygienic, and prisoners often slept in hallways and common areas due to a lack of cell space.

Prisoners with money, influence, or other resources had access to privileges including cell phones, illegal drugs, and better meals prepared outside the prison. In June leaked audio recordings revealed that inmate Vladimiro Montesinos, an advisor to former president Alberto Fujimori serving a sentence for human right abuses and corruption, engaged in political activities during the 2021 presidential campaign by telephone from inside a high-security prison run by the navy. In August the government transferred Montesinos to another high-security prison.

Most prisons provided limited access to medical care, which resulted in delayed diagnoses of illnesses. The COVID-19 pandemic aggravated this situation. Visitation restrictions due to COVID-19 further limited inmate access to resources, since visits by relatives were previously a frequent source of food, medicine, and clothing. Inmates complained of having to pay for medical care. A study by researchers from Pedro Ruiz Gallo University found tuberculosis, HIV, and AIDS remained at levels high enough to constitute a potential threat to the broader public health. The Ombudsman’s Office continued to report insufficient accessibility and inadequate facilities for prisoners with disabilities. Prisoners with mental disabilities usually lacked access to adequate psychological care.

Administration: Independent and government authorities investigated credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring visits by independent human rights and international humanitarian law observers. COVID-19 distancing restrictions halted unannounced visits to inmates by International Committee of the Red Cross officials and representatives of the Ombudsman’s Office, but the government coordinated with and received written feedback from them. The Ministry of Women and Vulnerable Populations and UNICEF monitored and advised on policies for juvenile detention centers.

Section 2. Respect for Civil Liberties

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not always implement the law effectively. 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. 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 who paid bribes. The COVID-19 pandemic and the urgent public procurement of medical supplies exacerbated the incidence of corruption.

There was evidence of widespread corruption in the judicial system. Prosecutors continued an investigation launched following 2018 media reports of a judicial scandal involving allegations of influence peddling and graft by judges at multiple levels. Corruption was frequent at all levels of the PNP. Observers said the 2019 creation of the National Justice Commission, an independent body in charge of hiring and disciplining prosecutors and judges, was a step toward increased transparency and accountability. The commission had removed more than 100 officials for corruption as of September, including judges and prosecutors.

Section 6. Discrimination and Societal Abuses

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, skin color, sex, religion, political opinion, national origin, citizenship, social origin, disability, age, language, or social status. Nonetheless, NGOs working on labor and discrimination issues reported employment discrimination on race, skin color, national origin, social origin, disability, language, and social status continued. The law does not specifically identify discrimination based on sexual orientation, gender identity, HIV-positive status, or other communicable diseases. Discrimination based on sexual orientation and gender identity occurred. The law establishes the following employment quotas for persons with disabilities: 3 percent for private businesses with more than 50 employees and 5 percent for public-sector organizations. The law prohibits discrimination against domestic workers and prohibits any requirement by employers for their domestic workers to wear uniforms in public places. The National Council for the Integration of Persons with Disabilities oversees compliance with employment quotas for persons with disabilities. Compliance with quotas varied.

The government did not effectively enforce the law on discrimination. Penalties were not commensurate with laws related to civil rights, such as election interference. NGO representatives and labor rights advocates noted discrimination cases often went unreported.

The most recent Ombudsman’s Office report, issued in 2017, found that 28 percent of working-age women were not performing paid labor, instead performing unpaid domestic work such as childcare, compared with 10 percent of working-age men. The COVID-19 pandemic aggravated the gap, with a study by the Peruvian Economy Institute showing that women’s paid employment, which fell by 17 percent compared with a 10 percent drop for men’s paid employment during the first months of the COVID-19 pandemic in 2020, had as of July recovered only by 37 percent, compared with a 100 percent recovery of men’s paid employment.

e. Acceptable Conditions of Work

Wage and Hour Laws: 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 2020 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, and elevates the minimum age to perform domestic service jobs to 18.

Noncompliance with the law is punishable by fines. 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.

Occupational Safety and Health: 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.

Informal Sector: 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. Workers in the informal economy were at increased risk of exploitation in sex or labor trafficking.

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