A/HRC/45/44/Add.2
and mistreatment. Afro-Peruvian women detailed their experiences of racialized
harassment in reporting sexual assault and domestic violence to the police.
96.
Afro-Peruvian LGBTI persons experience exclusion, invisibility and sexual
violence. Transgender persons specifically lack protection.
97.
Climate change has had an impact on Afro-Peruvians, particularly peasants and
others living in rural and coastal Peru. The country is also susceptible to natural
disasters, such as floods, drought, earthquakes and landslides. In addition, mitigation
measures, such as the widening of rivers, are being implemented without consultation
with or participation of the Afro-Peruvian communities affected. On a positive note,
Peru recently passed a law to create an institutional framework to address climate
change. Afro-Peruvians should be actively consulted in its implementation and
progression.
98.
Portrayals of people of African descent that invoke long-held racial stereotypes
and racial bias, including the use of blackface and practices that reduce Afro-Peruvians
to a negative or ancillary status, are evident in the advertising of consumer products
and in programming.
B.
Recommendations
99.
The Working Group makes the recommendations below to assist Peru in its
efforts to combat all forms of racism, racial discrimination, xenophobia, Afrophobia
and related intolerance.
100. The Working Group reiterates the recommendations made by the Committee on
the Elimination of Racial Discrimination, namely, that Peru should adopt a
comprehensive national policy against racism and racial discrimination that will
promote social inclusion and reduce the high levels of inequality and poverty affecting
Afro-Peruvians (CERD/C/PER/CO/22-23, para. 13).
101. The Afro-Peruvian Policy Directorate of the Ministry of Culture should receive
adequate, dedicated, multi-year funding to support its efforts and leadership on behalf
of Afro-Peruvians.
102. Competent agencies in each sector and at every level of government should
designate specific personnel and funding to implement policies promoting and
protecting the rights of Afro-Peruvians.
103. In the national policy on mainstreaming an intercultural approach, the
Government should clarify the funding, personnel and other resources that will be
allocated specifically to Afro-Peruvians, and what measures will ensure that AfroPeruvians are visible and benefit from the policy.
104. The Government should revise its anti-discrimination legislation to conform with
Committee on the Elimination of Racial Discrimination general recommendations No.
35 (2013) on combating racist hate speech and No. 25 (2000) on the gender-related
dimensions of racial discrimination in policies and strategies for combating racial
discrimination. Article 323 of the Penal Code should be revised in accordance with the
existing proposed text shown to the Working Group by the Office of the Public
Prosecutor.
105. The National Institute for the Defence of Competition and Protection of
Intellectual Property and the Ministry of Transportation and Communications, and the
Ethics Tribunal of the National Society of Radio and Television should use outcomes as
their primary criteria of success, and revise procedures to create adequate deterrents
to ongoing use of racist imagery by the media. While the law criminalizing
discrimination is under review, the Public Prosecutor should consider whether such
racism is cognizable within the existing text or suggest modifications in order to target
intractable misconduct that has not been deterred by fines, public apologies or other
civil interventions.
17
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