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UNITED NATIONS CCPR International Covenant Distr. on Civil and GENERAL Political Rights CCPR/C/83/Add.1 21 March 1995 ENGLISH Original: SPANISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Third Periodical Reports of States Parties due in 1993 Addendum PERU* [24 October 1994] CONTENTS Paragraphs Page INTRODUCTION ......................... 1- 4 4 INFORMATION CONCERNING ARTICLES 1 TO 27 OF THE COVENANT.... 5-136 4 Article 1. Right to self-determination ........... 5- 11 4 Article 2. Implementation of the Covenant within the country ................... 12- 29 5 Article 3. Equality of rights between men and women .... 30-110 11 * For the initial report submitted by the Government of Peru, see document CCPR/C/6/Add.9, for its consideration by the Committee, see documents CCPR/C/SR.430, SR.431 and SR.435, and Official Records of the General Assembly, Thirty-eighth Session, Supplement N° 44 (A/38/44, paras 855-890). For the second periodic report submitted by the Government of Peru see document CCPR/C/51, Add.4, Add.5 and Add.6, for its consideration by the Committee, see documents CCPR/C/SR.1133 to SR.1136 and CCPR/C/SR.1158 to SR.1160, Official Records of the General Assembly, Forty-sixth Session Supplement N° 40 (A/47/40, paras 300 to 349). GE.95-15808 CCPR/C/83/Add.1 page 2 TABLE OF CONTENTS (continued) Paragraphs Page Article 4. Measures derogating from the obligations under the Covenant .............. 111-116 30 Article 5. Prohibition on restrictive interpretation of the Covenant ................ 117-123 32 Article 6. Right to life ................. 24-143 33 Article 7. Prohibition of torture ............ 144-157 38 Article 8. Prohibition of slavery ............ 158-165 40 Article 9. Right to liberty and security of person .... 166-173 43 Article 10. Right of prisoners and the treatment of persons deprived of their liberty ...... 174-180 45 Article 11. Imprisonment for failure to meet a contractual obligation .................. 181-189 46 Article 12. Freedom of movement and the right to leave one’s own country and return to it ...... 190-199 48 Article 13. Prohibition of expulsion of aliens without legal safeguards ............... 200-209 50 Article 14. Right to a public trial with the due guarantees .................. 210-251 51 Article 15. Principle of non-retroactivity of the law . 252 - 254 59 Article 16. Right to recognition everywhere as a person before the law ................ 255-258 60 Article 17. Right to privacy ............... 259-269 60 Article 18. Freedom of thought, conscience and religion . 270 - 273 63 Article 19. Freedom of opinion and expression of opinion . 274 - 283 63 Article 20. Prohibition of any propaganda for war ..... 284-290 65 Article 21. Right of peaceful assembly .......... 291-294 66 Article 22. Freedom of association ............ 295-307 67 Article 23. Protection of the family ........... 308-324 69 Article 24. Protection of the child ............ 325-339 73 CCPR/C/83/Add.1 page 3 TABLE OF CONTENTS (continued) Paragraphs Page Article 25. Right to take part in the conduct of public affairs ................ 340-349 76 Article 26. Prohibition of discrimination ......... 350-355 77 Article 27. Rights of minorities ............. 356-384 79 List of Annexes** 1. No. of women candidates and women elected as deputies and senators (Peru, 1980, 1985,1990 and 1992; Lima 1980 and 1990). 2. Senior posts in the civil service by sex (Peru, 1983,1987/88 and 1994) 3. Staff of the National Tax Office (SUNET) by category and sex (Peru, 1994) 4. No. of councillors in the Lima Provincial Council according to period and sex (Metropolitan Lima, 1981/1995). 5. Composition of membership of professional associations according to sex (Peru, 1983/1994) 6. State mechanisms to promote the advancement of women. 7. Arrests and reformed criminals before and since the fall of Abimael Guzmán. 8. Total population, census population, population not covered by the census and estimated population in Amazonia at censuses in the present century. 9. Peasant communities entered on the national register of peasant communities as of 30 March 1992. ** The Government of Peru has supplied 8 statistical tables and a document that may be consulted in the original Spanish in the archives of the Centre for Human Rights. CCPR/C/83/Add.1 page 4 INTRODUCTION 1. The Peruvian State has been a party to the International Covenant on Civil and Political Rights since 28 April 1978, when it ratified that instrument. On this occasion, as part of the policy of the present government of faithfully complying with its international obligations under the instruments to which it is a party and in compliance with article 40 of the Covenant the third periodic report of Peru is presented on the measures adopted to give effect to the rights laid down in that Covenant and on the progress made in the enjoyment of the rights recognised therein. 2. The report below is adapted to the new constitutional framework in Peru arising from the Political Constitutional of the Republic approved by the Democratic Constituent Congress and ratified by the Peruvian people in a popular referendum on 31 October 1993. 3. In drawing up the present report, the guidelines adopted have been those of the Manual On Human Rights Reporting published by the United Nations Centre of Human Rights and United Nations Institute of Training and Research (UNITAR) 4. The national effort to fulfil and apply the regulations contained in the International Covenant has been based on an integrated approach and has involved various sectors of the State and the public. The government of Peru is confident that this report will demonstrate its firm political will to strengthen the institutions and legal mechanisms and standards relating to the promotion and protection of human rights in general and civil and political rights in particular. INFORMATION CONCERNING ARTICLES 1-27 OF THE COVENANT Article 1 - The right to self-determination 5. The first paragraph of this article lays down the rights of every people to self determination. Under that right any people is able to decide freely on its political and economic condition or regime and hence establish a form of government suitable for the purposes in view. To this effect Peru adopted as its form of government the republican system which was embodied in the constitution of 1979, which stated that Peru was a democratic and social independent and sovereign republic based on work with a unitary representative and decentralised government (art. 79). 6. The new political constitution of Peru approved by the Democratic Constituent Congress and ratified in a referendum by the Peruvian people was promulgated on 29 December 1993 and came into force on 31 December 1993. It maintains the same concept, i.e. that the republic of Peru is democratic, social, independent and sovereign. In the same way it lays down that the State is one and indivisible and the government, unitary representative and decentralised, based on the principle of separation of powers (art. 43). 7. The 1993 constitution divides in its text what refers to the State, the government and the political system. First the republican democratic, social independent and sovereign system is maintained, i.e. the country is governed by a representative body elected by the citizens and adheres to the principle of decentralisation, eschewing centralisation of power in a single geographical CCPR/C/83/Add.1 page 5 focus. Finally Peru adopts the form of government organisation accepted by all the democratic systems in the world - the division of powers into executive, legislative and judicial authorities, each of them fully independent of the others. 8. All these considerations allow Peru to establish freely and in a sovereign manner the features of its life as a nation. This leads us to point out the ways in which it expresses its self-determination. To this effect Peru in respect of the organisation of its government enjoys acceptance by and participation in the international community with representation in such important international organisations as the United Nations and the Organisation of American States. 9. Paragraph 2 of article 1 of the Covenant indicates that all peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation. In this respect, the 1993 Constitution devotes chapter II "The environment and natural resources" contained in section III "The economic regime" to these problems. To this effect article 66 of the Constitution declares that the State exercises sovereignty over the exploitation and utilization of Peru’s natural resources - renewable or non-renewable, which are considered as belonging to the nation. In the same way, article 67 declares that the State will promote the sustainable use of its national resources. 10. In this regard mention must be made of the Environmental Code, a set of regulations which indicates that the environment and natural resources are the joint property of the nation and stipulates that their protection and preservation are of social interest and can be invoked as cases of public necessity and service to the public (art. 2). 11. This right of States is consistent with Peru’s outstanding liabilities to other countries and/or international institutions, obligations which must be based on the principle of mutual benefit and the upholding of international law. This implies that the State is free to decide the amount and method of meeting these obligations. In its turn, however, the Covenant guarantees that a people shall not be deprived of its own assets. In other words the meeting of State obligations must not be given precedence over the unalienable asset of the people. For this reason the Peruvian government allots a proportion of its income to programmes for compensation and social support and the fulfilment of its international agreements.

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