The ICJ submitted a written statement on impunity and transitional justice, ahead of the March 2018 session of the UN Human Rights Council.
The written statement can be downloaded in PDF format below:
In English: UN-HRC37-WrittenStatement-NepalPeruImpunity-EN
In Spanish: UN-HRC37-WrittenStatement-NepalPeruImpunity-ESP
The Peruvian authorities must revise a number of its laws and policies to better protect economic, social and cultural rights (ESCR) in the country, the ICJ says.
The call comes at the end of a one-week mission by the ICJ to gather information on and assess the impact of extractive industries on the economic, social and cultural rights of local populations, especially peasant and indigenous communities.
In particular, the ICJ is concerned at the adverse human rights impact of “Ley 30230” that aims at facilitating investment.
While investment can make an important contribution to the realization of human rights, the ICJ considers that this particular law effectively leads to a degradation of human rights by lowering social and environmental protection standards.
The ICJ does welcome the enactment of protective legislation by Peru, including that protecting and implementing the right to free, prior and informed consent of indigenous peoples or regulating the use of force by the police.
However, the ICJ notes these laws are often not effectively implemented in practice.
During the mission the ICJ verified information on the increasing number of violent conflict and social protests relating to mining projects.
“A large proportion of current social conflicts in the country is taking place in areas of extractive industrial activities. With a trend to lower the protection of economic and social rights and the environment in order to facilitate investment, there is a high risk that violent conflict will increase even more,” said Sandra Ratjen, Senior Legal Adviser for ICJ’s Programme on Economic, Social and Cultural Rights.
“There is a gap between Peru’s international law obligations to respect and protect human rights and the systematic threats to the enjoyment of rights, such as the right to water, to health or to housing, or to free and prior, informed consent that communities in mining areas are facing,” she added.
The ICJ is particularly concerned at the alleged unlawful use of lethal force to suppress demonstrations and social protests in mining areas such as in the recent case of Las Bambas.
The ICJ received information from various sources that in some instances the security forces had used such force in contravention of the principles of necessity and proportionality.
The ICJ urges the Peruvian authorities to take the following measures to strengthen the protection of Economic, Social and Cultural Rights in the country:
Additional information:
The ICJ mission included: María Clara Galvis, a Colombian lawyer specialized in international human rights law and Professor at Universidad Externado de Colombia ; Rafael Uzcátegui, a Venezuelan sociologist and Coordinator General of the Venezuelan Programme of Education and Action on Human Rights (PROVEA); Sandra Ratjen, Senior Legal Adviser for ICJ’s Programme on Economic, Social and Cultural Rights; and Olivier van Bogaert, ICJ Director of Media and Communications.
The delegation met with authorities from various Peruvian Ministries, representatives from extractive companies, cooperation agencies, human rights non governmental organizations, trade unions and community-based organizations.
In December, the ICJ will release a final report containing its findings and recommendations on the situation of economic, cultural and social rights in the context of extractive activities and the rise of social conflicts in Peru.
Contact:
Sandra Ratjen, Senior Legal Adviser for ICJ’s Programme on Economic, Social and Cultural Rights, t: +55 96 48 13 628; e: sandra.ratjen(a)icj.org
Peru-ESCR mission-News-Press release-2015-SPA (full press release in PDF, Spanish)
Photo credit: Jonas Hulsens
On 18 November, the ICJ presented and discussed, in a meeting at the European Parliament in Brussels, its two reports on special economic regimes and their impact on social rights in Peru and Morocco.
MEP Richard Howitt, Member of the Subcommittee on Human Rights at the Parliament, and ICJ Commissioner Olivier De Schutter led the discussions.
The reports highlight the impact on rights, including labour and social security, land and water rights, of special economic regimes that aim at facilitating exports and investment in areas such as agriculture and textile.
The meeting enabled discussion of the role that the EU and its member states can and should play in its general dialogue and cooperation with the two countries, particularly in regard to trade relationships and agreements and also the regulation of the EU based business enterprises benefiting from these special regimes.
The presentation of the ICJ research and reports comes at an important moment in the relationships of the EU with both Peru and Morocco.
As to the latter, the ICJ report will feed into the Human Rights dialogue between the Subcommittee on Human Rights of the European Parliament and Morocco that is taking place today in Brussels.
Reports:
Peru-Social Rights for Export Promotion-Publications-thematic report-2014-ENG (Full report in English – PDF)
Peru-Regimenes especiales exportacion-Publications-thematic report-2014-SPA (Full report in Spanish – PDF)
Morocco-Droits sociaux et regimes speciaux-Publications-thematic report-2014-FRE (Full Report in French – PDF)
Contacts:
Carlos Lopez, Senior Legal Advisor, Business and Human Rights Programme, t +41 22 979 3816, carlos.lopez(a)icj.org
Sandra Ratjen, Senior Legal Advisor, Economic, Social and cultural Rights Programme, t +41 22 979 3835, sandra.ratjen(a)icj.org
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