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1349345* Cmw/C/Per/1 United Nations CMW/C/PER/1 International Convention on the Distr.: General 4 December 2013 Protection of the Rights of English All Migrant Workers and Original: Spanish Members of Their Families Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families Consideration of reports submitted by States parties under article 73 of the Convention Initial reports of States parties due in 2007 Peru* [14 August 2013] * The present document is being issued without formal editing. GE.13-49345 (EXT) *1349345* CMW/C/PER/1 Contents Page I Introduction................................................................................................................................... 4 II. Information of a general nature..................................................................................................... 5 A. Constitutional, legislative, judicial and administrative framework governing the implementation of the Convention, and any bilateral, regional or multilateral agreements in the field of migration made by the State party.................................................................. 5 B. Information about the nature and character of migration flows (immigration, transit and emigration)..................................................................................................................... 16 C. Present situation regarding the practical application of the Convention in the reporting State ...................................................................................................................................... 20 D. Measures taken by the State party to disseminate and promote the Convention, and cooperation with civil society on the promotion and respect of the rights concerned .......... 23 III. Information in relation to each of the articles of the Convention.................................................. 26 A. General principles................................................................................................................. 26 B. Part III of the Convention: Human rights of all migrant workers and members of their families ................................................................................................................................. 31 C. Part IV of the Convention: Other rights of migrant workers and their families who are documented or in a regular situation..................................................................................... 51 D. Part VI of the Convention: Promotion of sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families ........ 60 2 GE.13-49345 (EXT) CMW/C/PER/1 Abbreviations and acronyms CAN Andean Community of Nations CERTIJOVEN Standard labour certificate for young people aged 18–25 CTS Compensation for time worked ESSALUD Ministry of Health – Social Health Insurance IFI Intermediary Financial Institution IGV Value-added tax ILO International Labour Organization INABIF National Comprehensive Family Welfare Programme INEI National Institute for Statistics and Information Technology IOM International Organization for Migration MERCOSUR Southern Common Market MTPE Ministry of Labour and Employment PCM Office of the President of the Council of Ministers RENIEC National Registry of Identification and Civil Status RETMA Register of Andean Migrant Workers SIS Comprehensive Health Insurance SISFOH Household Targeting System UNDP United Nations Development Programme UNFPA United Nations Fund for Population Activities GE.13-49345 (EXT) 3 CMW/C/PER/1 I. Introduction 1. The Republic of Peru signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter “the Convention”) on 22 September 2004. It was approved by the Congress of the Republic by Legislative Resolution No. 28602 of 10 September 2005 and ratified without reservation the same day by Supreme Decree No. 071-2005-RE, entering into force on 1 January 2006. In accordance with article 73 of the Convention, the Peruvian State has undertaken to submit a report on the legislative, judicial, administrative or other measures that it has adopted to give effect to the provisions of this important international instrument. 2. Accordingly, the initial report of Peru covering the period from the entry into force of the Convention until December 2012 is presented for the consideration of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter “the Committee”). 3. The process of preparing the initial report was participatory and planned. The Ministry of Labour and Employment was responsible for coordinating the drafting, and to that end requested information from a number of State agencies with a view to identifying the major achievements, progress and challenges with respect to the protection of the rights of migrant workers and their families. 4. The preliminary version of the initial report was circulated to the National Human Rights Council1 (CNDH), which is composed of State institutions2 and representatives of civil society.3 Finally, the report was approved by the Office of the Deputy Minister for Human Rights and Access to Justice of the Ministry of Justice and Human Rights, whose duties4 include the final approval of periodic reports and any reports required by the bodies of the international systems for the protection of human rights. 5. As to the institutional framework, in December 2011, Act No. 29809 was adopted, laying down the powers of the Ministry of Justice as the main national authority in the area of human rights, renaming it the Ministry of Justice and Human Rights.5 This demonstrates the Peruvian Government’s determination to foster a national policy to promote, protect, 1 Under article 1 of Supreme Decree No. 012-86-JUS, dated 6 September 1986, as amended by Supreme Decree No. 011-2012-JUS, dated 20 April 2012, the National Human Rights Council (CNDH) was set up under the Ministry of Justice and Human Rights. CNDH is a multisectoral body with a mandate to issue opinions and advise the Executive on the development of policies, programmes, projects and plans in the field of human rights, relating in particular to the National Human Rights Plan, and has a Technical Secretariat which provides it with technical and administrative support. CNDH is chaired by the Office of the Deputy Minister for Human Rights and Access to Justice of the Ministry of Justice and Human Rights. 2 Presidency of the Council of Ministers, Ministry of Justice and Human Rights, Ministry of Foreign Affairs, Ministry of Defence, Ministry of the Interior, Ministry of Education, Ministry of Health, Ministry of Labour and Employment, Ministry for Women and Vulnerable Population Groups, Ministry of the Environment, Ministry of Energy and Mining, Ministry of Culture, Ministry of Development and Social Inclusion, the Judiciary, the Public Prosecution Service and the Office of the Ombudsman. 3 National Human Rights Coordinating Coalition, Evangelical Council of Peru, Peruvian Episcopal Association, National Confederation of Private Business Institutions and the Peruvian Press Council. 4 Ministry of Justice. Supreme Decree No. 011-2012-JUS, approving the Regulations on the Organization and Functions of the Ministry of Justice and Human Rights, art. 16, para. (g), (El Peruano, the official gazette of Peru, 20 April 2012). 5 Congress of the Republic. Act No. 29809 on the Organization and Functions of the Ministry of Justice and Human Rights. (El Peruano, 8 December 2011.) 4 GE.13-49345 (EXT) CMW/C/PER/1 respect and guarantee human rights, mandating the Ministry of Justice and Human Rights to do so, proposing policies in that area that focus on people on vulnerable people and ensuring compliance with the State’s legal obligations in that regard. Furthermore, to achieve those ends the Office of the Deputy Minister for Human Rights and Access to Justice was established, which has responsibility for formulating, coordinating, implementing and monitoring national human rights policy.6 6. We would also mention the establishment of the National Migration Authority7 (formerly the Immigration and Naturalization Department), a specialized technical body under the Ministry of the Interior, with legal personality under domestic public law, with administrative, functional and economic independence in the exercise of its powers, that has responsibility for internal migration policy and participates in domestic and border security policy, coordinates immigration control with the various State agencies manning the country’s Migration and Border Control Posts to ensure that it operates properly. The Authority is guided, inter alia, by the principle of fair and equal treatment. 7. Finally, we would point out that this report was prepared taking account of the harmonized guidelines on reporting under the international human rights treaties (HRI/GEN/2/Rev.2/Add.1), and with the guidelines for the specific report to the Committee on Protection of the Rights of All Migrant Workers and Members of Their Families. II. Information of a general nature A. Constitutional, legislative, judicial and administrative framework governing the implementation of the Convention, and any bilateral, regional or multilateral agreements in the field of migration made by the State party 1. Institutional framework 8. The fourth final and transitional provision of the Constitution stipulates that the rules relating to constitutional
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