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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