Committee on Economic, Social and Cultural Rights


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United Nations

E/C.12/PER/2-4



Economic and Social Council

Distr.: General

20 January 2011
English

Original: Spanish
Committee on Economic, Social and Cultural Rights

Implementation of the International Covenant on Economic, Social and Cultural Rights

Combined second to fourth periodic reports submitted by States parties under articles 16 and 17 of the Covenant

Peru* **

[26 May 2009]

Contents

Paragraphs Page

Abbreviations 3

I. Introduction 1–3 6

II. Part of the report relating to general provisions of the Covenant 4–10 6

A. Article 1 of the Covenant 4–6 6

B. Article 2 of the Covenant 7–10 6

III. Part of the report relating to the specific provisions of the Covenant 11–293 7

A. Article 6 of the Covenant 11–44 7

B. Article 7 of the Covenant 45–70 14

C. Article 8 of the Covenant 71–84 19

D. Article 9 of the Covenant 85 22

E. Article 10 of the Covenant 86–151 23

F. Article 11 of the Covenant 152–171 34

G. Article 12 of the Covenant 172–251 39

H. Article 13 of the Covenant 252–277 55

I. Article 15 of the Covenant 278–293 60

Annexes

I. National provisions against discrimination in the field of economic, social and cultural rights 64

II. Work 69

III. Family and standard of living 97

IV. Housing 106

V. Health 126

VI. Economic, social and cultural-health indicators 135

VII. Education 151

VIII. Economic, social and cultural-work indicators 159

Abbreviations

TRIPS Agreement on Trade-Related Aspects of International Property Rights

AFP Pension Fund Administrator

AISPED Comprehensive Health Care for Excluded and Remote Populations

APROLAB Programme in Support of Vocational Training for Integration in the Labour Market

ANR National Assembly of Rectors

APAFAS Parents’Association

BID Inter-American Development Bank

CAN Andean Community

CEDIF Centres for the Comprehensive Development of the Family f

CENFORP Vocational Training Centres

CENFOTUR Tourism Training Centre

CET Technological Efficiency Centre

CÍVICOS Communal Health Monitoring System

CLAS Local Community-Based Health Administration

CMAN High-Level Multisectoral Commission

CVR Truth and Reconciliation Commission

COFOPRI Commission for the Formalization of Informal Property

CONAM National Environmental Council

COP Persistent Organic Pollutants

CPP Peruvian Constitution

DESC Economic, Social and Cultural Rights

DESTP Directorate of Higher Technological and Techno-Productive Education

DEVIDA National Commission for a Drug-Free Life

DIGESA General Directorate of Environmental Health

DINNA Directorate for Children and Adolescents

DRTPE Regional Directorate of Labour and Employment Promotion

EA Adverse Events

ELITES Local Itinerant Extramural Health Teams

ENAHO National Household Survey

ENDES Demographic and Family Health Survey

ESNI National Immunization Strategy

ESSALUD Peruvian Health Care System

FFAA Armed Forces

FFPP Police Forces

FONCODES Cooperation Fund for Social Development

FONAVI National Housing Fund

IMARPE Marine Institute of Peru

INABIF National Family Welfare Institute

INDECOPI National Institute for the Defence of Competition and Protection of Intellectual Property

INEI National Institute of Statistics and Information Technology

INIA National Institute for Agricultural Innovation

INRENA Institute of Natural Resources

INSM National Institute of Mental Health

MAMI Child Abuse Units

MED Ministry of Education

MIMDES Ministry for Women and Social Development

MINSA Ministry of Health

MONIN National Nutritional Indicator Monitoring System

OIT International Labour Organization

OMS World Health Organization

ONG Non-Governmental Organization

OSINERGMIN Energy and Mining Investment Regulator

PAAG Programme for the Administration of Management Agreements

PAC Shared Administration Programme

PBI Gross Domestic Product

PCM Continuous Improvement Projects

PEEL Labour Statistics and Research Programme

PESEM Multi-Annual Strategic Sectoral Plan

PIR Comprehensive Reparations Plan

PNB Gross National Product

PNCS Coordinated National Health Plan

PNWW National Wawa Wasi Programme

PRONAA National Food Aid Programme

PRONAMA National Literacy Mobilization Programme

PSBPT Basic Health for All Programme

PVL “Glass of Milk” Programme

RDR Directly Raised Resources

RMV Minimum Living Wage

SCTR Complementary Insurance for Hazardous Work

SEEUS Student Eyes and Ears for University Safety – external users’ dissatisfaction index

SENAMHI National Metereological and Hydrological Service

SENASA National Agricultural Health Service

SENATI National Industrial Skills Training Service

SIS Comprehensive Health Insurance

SNA National Adoptions Secretariat

SOVIO Vocational Guidance and Employment Information Service

TUO Single Consolidated Text

UGIT Child Protection Investigation Unit

UNESCO United Nations Educational, Scientific and Cultual Organization

URSP Public Sector Remunerative Unit

I. Introduction

1. In fulfilment of its commitment in ratifying the International Covenant on Economic, Social and Cultural Rights, Peru hereby submits to the Committee on Economic, Social and Cultural Rights a consolidated report corresponding to the second to fourth periodic reports on the measures, progress and current situation concerning economic, social and cultural rights (ESCR).

2. Peru is facing enormous economic and social challenge and tackling them is therefore a priority for the Government. These efforts are yielding significant results in some spheres, an example being the current reduction of poverty levels. However, the Peruvian Government remains conscious that much remains to be done to eradicate chronic malnutrition, improve public health indicators, raise the level of education – especially state education – and further reduce poverty indicators. The Government directs much of its efforts and resources to achieving these objectives. This is the framework for the Government measures described in this report.

3. This report has been drawn up in keeping with the Committee’s guidelines for the presentation of reports and focuses on the concerns expressed by the Committee in recent years.

II. Part of the report relating to the general provisions of the Covenant

A. Article 1 of the Covenant

In what way has the right of self-determination been implemented?

4. Peru is a democratic, social, independent and sovereign Republic. Its government is unitary, representative and decentralized, being organized according to the principle of the separation of powers.1

5. The 1993 Constitution recognizes the right of every person to participate in the political, economic, social and cultural life of the nation. Citizens also have the right to elect and be elected, to remove or recall officials by a legislative initiative or referendum2.

6. The possibility of insurgency is likewise regulated in article 46 of the Constitution, when it states that no one owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.

B. Article 2 of the Covenant

To what extent and in what way are the rights recognized in the Covenant not granted to non-nationals? What justification is there for any differences that exist?

7. The rights recognized in the Covenant are granted to non-nationals by constitutional and legal provision. Every person has the right to equality before the law and cannot be the subject of discrimination on the basis of origin, race, sex, language, religion, opinion, economic situation or any other reason. It is also prescribed that special laws may be passed when required by the nature of things, but not because of differences between persons3. The foregoing is applicable to refugees.

What rights are covered in national legislation by specific provisions against discrimination? Please attach the text of these provisions.

8. Regarding the right to work, the Peruvian Constitution recognizes equality of opportunity without discrimination as a principle in the labour field, and various legal provisions exist in this regard4. The right to education also contains provisions against discrimination5. Non-discrimination with regard to ethnic and cultural identity is likewise recognized in the Constitution.

9. Mention should also be made of the regulations on consumer services and the standards concerning State governance and the civil service, which overlap with the provision of services related to economic, social and cultural rights. For more details, see the description of the standards in Annex I.

10. Reference should also be made in this connection to the substantial case law of the Constitutional Court, which has ruled on many cases relating to the right of non-discrimination on the grounds of sex or sexual orientation in areas such as labour relations, pension entitlement and education6.

II. Part of the report relating to the specific provisions of the Covenant

A. Article 6 of the Covenant

Please provide information on the situation, level and trends of employment, unemployment and underemployment in your country, both overall and in the way they affect particular categories of workers such as women, young people, older workers and workers with disabilities. Please compare with the corresponding situations ten and five years ago. Which persons, groups, regions or areas are considered particularly vulnerable or disadvantaged with regard to unemployment?

11. As a result of a strong increase in gross domestic product, the demand for labour by regular firms of ten or more workers in urban settings has expanded significantly (8.3 per cent in 2007) in practically all economic sectors. Nevertheless, despite the major increase in total and per capita real gross domestic product, the rate of underemployment (above all in terms of income) remained high (52 per cent of the total workforce), especially in rural areas where small subsistence farmers predominate.

12. It should be noted that some groups have greater difficulty in entering the labour market, such as disabled persons, women and young people. For example, over two thirds of disabled persons of working age are unemployed, i.e. are not working or seeking work, while unemployment rates among women (9 per cent) and young people (14 per cent) are clearly above the total unemployed rates (7 per cent) in Metropolitan Lima. On these figures and those in the previous paragraph, tables 1-12 of annex II and pages 87 to 105 of annex X are very useful.

Please describe the main policies applied and measures adopted to ensure that employment is available for all persons willing to work and seeking work.

13. The preparation of draft national employment policies7 was begun in 2007 by the National Directorate for Employment Promotion and Vocational Training (DPE), an organ of the Ministry of Labour and Employment Promotion8. The main policies include the following:

14. The Youth Employment Action Plan 2009-201, which is currently being developed by the National Directorate jointly with the International Labour Organization. This Plan is aimed at promoting entry or re-entry in the workforce and furthering the stability and quality of employment with the emphasis on sectors strongly reliant on youth labour.

15. The National Policy Guidelines on Vocational Training9, which are aimed at improving the quality of vocational training and upgrading the workforce10.

16. Local and regional governments have been made responsible for implementing the national guidelines in their respective jurisdictions, in coordination with regional labour and education authorities. This involves devising regional training policies and developing a regional vocational training plan11.

17. The Vocational Training Procedures Act was adopted on 24 May 2005, with the aim of: 1) promoting an appropriate and effective link between training supply and labour market demands; 2) furthering work training geared to production and service processes as a means to improving employment opportunities and labour productivity; 3) providing training that develops work capacities conducive to flexibility and adaptation to different labour situations12.

18. The regulations of the Vocational Training Procedures Act13 cover the following: work-based apprenticeships, apprenticeships mainly at vocational training centres, vocational practice, juvenile vocational training, traineeships, internships for teachers and professors, and updating for re-entry in the labour market (for the chronically unemployed aged 45 to 65)14. In the period 2001-2008, there were 451,048 vocational training procedure agreements nationwide: 1,204 work-based apprenticeship agreements; 244,878 apprenticeships mainly at vocational training centres; 49,918 vocational practice agreements; 149,043 juvenile vocational training,agreements; 5,887 traineeship agreements; 4 internship agreements for teachers and professors; 5 updating agreements for re-entry in the labour market; and 6,427 SENATI dual apprenticeship contracts (2006).

19. The CIL PROEmpleo Network is the national employment service operating through a decentralized system of labour-market information, a job seekers advice service and a job placement centre. The network uses a software tool that records the effectiveness of its services.15 Its statistics for 2008 show that it placed 16,101 individuals in 1,883 firms and registered 39,252 job vacancies compared with 30,547 job demands. It also developed strategies for bringing firms and job seekers together through employment fairs. Five such fairs were organized in 2008.

20. All the CIL PROEmpleo Offices organized job seeker advice workshops on topics such as personal analysis for skills identification and job suitability, employment market information and drafting a résumé.
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