In the context of the UPR, Amnesty International makes the following recommendations to Peru
International and national human rights framework:
• To ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the International Convention for the Protection of All Persons from Enforced Disappearance;
• To develop a National Human Rights Plan for 2012–2016 with the participation of all sectors of civil society, including a timetable for implementation, indicators, adequate resources and clarity on responsibility for implementation;
• To strengthen the legal framework on Indigenous rights in consultation with Indigenous Peoples and in line with international human rights standards.
• To respect the right of Indigenous Peoples to consultation and free, prior and informed consent regarding legislative and administrative measures that affect them;
• To refrain from authorizing further development projects which may impact on Indigenous communities until those communities have been adequately consulted and have given their consent, in line with international standards;
• To promptly conduct a full, impartial and transparent investigation into the events of 5 June 2009 in the town of Bagua in the Amazonas Department, where 33 people were killed and at least 205 people injured after police intervened to end Indigenous protests, and to ensure that those responsible for human rights abuses are brought to justice in fair trials, and the victims of the violence receive reparation.
Impunity for past human rights violations:
• To ensure the full implementation of the recommendations of the Truth and Reconciliation Commission, with a view to achieving accountability for past human rights violations;
• To ensure that the Ministry of Defence collaborates with the investigations and provides all necessary information to identify and bring to justice those responsible.
Sexual and reproductive rights:
• To provide clear and accessible information to all women, especially poor and marginalized women, to enable them to access sexual and reproductive health services and make informed decisions about their sexual and reproductive health;
• To prioritize access to maternal and child healthcare for women living in Indigenous and rural communities with few resources;
• To co-ordinate measures to prevent and reduce maternal mortality, including by adopting and implementing a national protocol on therapeutic abortion;
• To ensure that Law No. 28704, which raised the age of consent for sexual relations from 14 to 18 years, does not negatively impact on girls’ readiness to access maternity services;
• To ensure that prompt, effective, thorough, independent and impartial investigations are carried out into forced sterilizations of women and to guarantee that those forced to endure this procedure receive reparation.
Freedom of expression, association and assembly in the context of protests:
• To promote, protect and respect the right to freedom of expression, assembly and association, including in situations where protesters are demonstrating against government policies, laws and actions;
• To review Legislative Decrees No. 1094 and No. 1095 to ensure that they are in line with international human rights standards;
• To abide by international standards on the use of force and ensure that all security forces personnel involved in the policing of demonstrations receive adequate training on alternatives to the use of force and firearms, including peaceful settlement of conflicts, understanding of crowd behaviour, and methods of persuasion, negotiation and mediation.
Human rights defenders:
• To ensure that human rights defenders – including victims of human rights violations, witnesses, prosecutors, forensic experts, journalists and trade union workers – can carry out their human rights work freely and without fear of intimidation, and to refrain from subjecting them to criminal investigations based on unfounded allegations.