A/HRC/45/44/Add.2 celebrated in June. In 2007, the National Institute of Culture declared the cajita ritmica Afroperuana, a percussion instrument, part of the national heritage. In 2015, the United Nations Educational, Scientific and Cultural Organization recognized the Zaña community as a living repository for black collective memory and for the preservation of black identity. 12. According to articles No. 161 and 162 of the Constitution and the Organic Law, the Office of the Ombudsperson oversees compliance of the State with its obligations to collective rights and individual citizens. In February 2011, the Office issued an inaugural analysis of the situation that people of African descent in Peru face.3 In 2014, the Ministry of Women and Vulnerable Groups published Afroperuanas: Situación y Marco Legal de Protección de sus Derechos. The Indigenous and Afro-Peruvian Peoples Directorate (under the Office of the Deputy Minister of Interculturality), which was commissioned to develop protection policies, plans and programmes for Afro-Peruvian rights and development, has to date established public policies, consolidated representative participation, developed an information system, and strengthened the visibility and institutional coordination of AfroPeruvians in Peru. 13. Representatives of civil society reported to the Working Group that, in 2011, the Ministry of Culture replaced the legal category of pueblo afroperuano (Afro-Peruvian people) with población afroperuana (Afro-Peruvian population). This is a significant cause for concern, given that it raises the prospect of the potential erasure of recognition for AfroPeruvian communities and the erosion of the rights to consultation and to consent in decisions affecting the collective rights of Afro-Peruvians, as enshrined in Convention No. 169 of the International Labour Organization (ILO) concerning Indigenous and Tribal Peoples in Ind1ependent Countries [Indigenous and Tribal Peoples Convention, 1989 and international human rights law. 14. Since 2013, the Directorate of Cultural Diversity and Elimination of Racial Discrimination, under the Ministry of Culture, has administered programmes to eliminate racial discrimination. The Alerta contra el racismo (“Racism Warning”) programme allowed citizens to report acts of ethnic racial discrimination. The National Anti-Discrimination Commission, a standing multisectoral body, was established in 2013 with a mandate to design, implement, operate and assess the national platform for action against discrimination. The National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) is another specialized public body attached to the Presidency of the Council of Ministers responsible for market promotion and the protection of consumer rights, including against racism. Its activities began in 1992, pursuant to decree No. 25868. 15. In 2015, the Ministry of Culture promulgated Supreme Decree 004-2015-MC with purpose of strengthening the development and promoting the social inclusion of AfroPeruvians in the context of the International Decade for People of African Descent.4 All sectors and levels of government were directed to formulate and implement programmes, projects and actions to strengthen the human rights of Afro-Peruvians.5 16. In July 2016, the Government of Peru approved the National Development Plan for the Afro-Peruvian Population (2016–2020).6 The National Development Plan aims to ensure comprehensive, cross-sectional development for Afro-Peruvians, with equal opportunities and without discrimination. In its proposal for action, the Plan contains four strategic objectives: (a) guarantee statistical visibility; (b) guarantee the rights to equality and nondiscrimination; (c) promote social, political, economic, productive and cultural development, including recognition of contributions; and (d) strengthen public institutions and promote participation in and access to decision-making bodies. 3 4 5 6 4 Defensoría del Pueblo, Los Afrodescendientes en el Perú: Una Aproximación a su Realidad y al Ejercicio de sus Derechos, Lima, 2011. www.gob.pe/institucion/cultura/normas-legales/206209-004-2015-mc. www.cepal.org/es/publicaciones/42654-situacion-personas-afrodescendientes-america-latinadesafios-politicas-la. www.gob.pe/institucion/cultura/normas-legales/206206-003-2016-mc.

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