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Reference: C.N.339.2009.TREATIES-7 (Depositary Notification)

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

NEW YORK, 16 DECEMBER 1966

PERU: NOTIFICATION UNDER ARTICLE 4 (3)

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

The above action was effected on 15 May 2009.

(Translation) (Original: Spanish)

7-1-SG/20

The Permanent Mission of Peru to the United Nations presents its compliments to the Secretariat of the United Nations and, in accordance with article 4 of the International Covenant on Civil and Political Rights, has the honour to inform it that, by Supreme Decree No. 027-2009-PCM, issued on 9 May 2009 (copy attached), a state of emergency was declared in the Echarate and Kimbiri districts of the province of La Convención, department of Cuzco; the Sepahua district of the province of Atalaya, department of Ucayali; the Napo district of the province of Maynas, department of Loreto; the Andoas, Pastaza, Morona and Manseriche districts of the province of Datem del Marañón, department of Loreto; and the Imaza district of the province of Bagua, department of Amazonas, for a period of 60 days, with effect from 10 May 2009.

During the state of emergency, the right to inviolability of the home, freedom of movement, freedom of assembly, and liberty and security of person, recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Constitution of Peru and in articles 17, 12, 21 and 9 of the International Covenant on Civil and Political Rights, respectively, shall be suspended.

The Permanent Mission of Peru to the United Nations takes this opportunity to convey to the Secretariat of the United Nations the renewed assurances of its highest consideration.

New York, 14 May 2009

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Office of the President of the Council of Ministers

Declaration of a state of emergency in several districts of the departments of Cusco, Ucayali, Loreto and Amazonas

Supreme Decree No. 027-2009-PCM

The President of the Republic,

Considering:

That, by Emergency Decree No. 045-98, the implementation of the Camisea Project, which involves extraction, transport and distribution was declared to be in the public and national interest;

That, furthermore, by Act No. 27133 on the promotion of the development of the natural gas industry, the promotion and development of the natural gas industry was declared to be in the national and public interest;

That by Supreme Decree No. 044-2009-EM, the development of the lot 67 project was declared to be in the national interest. The project, which involves the extraction, processing and transport of heavy crude oil, will reduce the volume of oil imported to meet domestic demand, thereby overcoming Peru’s oil trade deficit;

That, as part of the so-called “Indigenous Amazon Peoples Movement”, there have been reports of acts of vandalism against oil installations, including roadblocks, forcing workers to vacate their workstations and machinery, and of groups of unidentified individuals threatening to use force to shut down the oil exploration and exploitation activities vital to ensuring the country’s energy security;

That, in this connection, it has been reported that 44 ships owned by Pluspetrol Peru Corporation S.A., carrying materials, chemical inputs, fuel and equipment, were blocked on the Ucayali and Urubamba Rivers. The resulting delay in the delivery of spare parts, inputs and equipment has jeopardized the maintenance and operation of the Las Malvinas processing plant and disrupted the day-to-day work of the 1,400 persons working in lots 56 and 88, who receive their food supplies, toiletry items and cleaning products by river;

That, in addition, the Peruvian branch of Parenco Peru Ltd., which operates lot 87, has reported the blockade on the Napo River, of its ships carrying construction materials, well testing and drilling equipment, fuel and food supplies needed for the continuation of its operations and the subsistence of its employees;

That, the Peruvian branch of Talisman (Peru) Ltd., which operates lot 64, has reported that groups of unidentified persons have been threatening to carry out attacks in order to shut down oil exploration activities currently under way at the Situche Central 3X appraisal well;

That, Petróleos del Perú S.A. (PetroPeru) has reported that unidentified persons have carried out attacks on pumping stations numbers five and six of the Norperuano pipeline, in order to shut down the generators that supply the pipeline and cut the water supply, thereby placing the workers at said stations at risk;

That, since the above-mentioned acts are contrary to domestic order and in violation of established law and have jeopardized the production, transport and distribution of natural gas and liquid natural gas activities that are vital and of public interest and have disrupted the supply of natural gas and oil required to provide the public with electricity and natural gas, it has become necessary to declare a state of emergency in the Echarate and Kimbiri districts of the province of La Convención, department of Cusco; the Sepahua district of the province of Atalaya, department of Ucayali; the Napo district of the province of Maynas, department of Loreto; the Andoas, Pastaza, Morona and Manseriche districts of the province of Datem del Marañón, department of Loreto; and the Imaza district of the province of Bagua, department of Amazonas; in order to apply the measures provided for in the Constitution to restore domestic order, protect the rights of citizens and ensure the delivery of the aforementioned public services;

In exercise of the powers vested in him by article 137 of the Political Constitution of Peru and by the Executive Power Organization Act (Act No. 29158) and;

With the vote of approval of the Council of Ministers and subject to notification of the Congress of the Republic;

Hereby decrees:

Article 1

Declaration of a state of emergency

A state of emergency is hereby declared in the districts of Echarate and Kimbiri in the province of La Convención, department of Cusco; the Sepahua district of the province of Atalaya, department of Ucayali; the Napo district of the province of Maynas, department of Loreto; the Andoas, Pastaza, Morona and Manseriche districts of the province of Datem del Marañón, department of Loreto; and the Imaza district of the province of Bagua, department of Amazonas, for a period of sixty (60) days, in order to implement such urgent measures as are needed to reduce and eliminate the risks described above.

Article 2

The suspension of constitutional rights

During the state of emergency referred to in the preceding article, the constitutional right to liberty and security of person, inviolability of the home and freedom of assembly and movement within national territory, set out in article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Constitution of Peru, shall be suspended.

Article 3

Entry into force of the Decree

The present Supreme Decree shall enter into force on the day following its publication in the Official Gazette.

Article 4

Endorsement

The present Supreme Decree shall be endorsed by the President of the Council of Ministers, the Minister of Defence, and Minister of the Interior, the Minister of Justice and the Minister of Energy and Mines.

Done at Government House, Lima, on 8 May 2009.

Constitutional President of the Republic Alan García Pérez President of the Council of Ministers Yehude Simon Munaro Minister of Defence Antero Flores-Aráoz Esparza Minister of the Interior Mercedes Cabanillas Bustamante Minister of Justice Rosario del Pilar Fernández Figueroa Minister of Energy and Mines Pedro Sánchez Gamarra

1 June 2009