A/HRC/45/44/Add.2
(l)
The inclusion of Afro-Peruvians as a vulnerable group in the national
human rights plan;
(m)
services;
Targeting Afro-Peruvians for improved access to justice in public defence
(n)
The drafting of a national action plan on business and human rights,
including for Afro-Peruvians;
(o)
The approval of a protocol on human rights defenders, including for AfroPeruvian human rights defenders.
73.
Despite the above-mentioned positive measures, the Working Group is
concerned about the prevalence of racial discrimination and the situation of human
rights of people of African descent in Peru.
74.
The recognition of Afro-Peruvians as a distinct people, with ancestral claims, is
essential. Discourses on the visibility and development of Afro-Peruvians should include
the acknowledgment of their collective rights. The status of Afro-Peruvians as a people
in accordance with ILO Convention No. 169 and the resulting rights framework under
international law offer the necessary protection. Civil society hails the importance of
the recognition of Afro-Peruvians as a people rather than a population, in order to
prevent institutional denial of collective rights, barriers to consultation or enforcement
of certain rights, and the suppression of Afro-Peruvian identity. The recent rejection of
“Afro-Peruvian” as a category in the collection of COVID-19-related data, reportedly
because of their legal status, is a recent example of the risks and barriers that lack of
recognition of Afro-Peruvians may cause.
75.
The Government has not implemented a mechanism of repair to remediate harm
caused, such as the ongoing invisibility of the Afro-Peruvian population in intercultural
dialogue and its differences from the indigenous population. Popular conceptions of
interculturality often exclude Afro-Peruvian identities, compromise collective rights
and result in exclusion from the delivery of public services.
76.
The National Anti-Discrimination Commission has an important role to play, but
its impact on tackling racial discrimination, racism and xenophobia in an effective way
is limited. It should therefore be strengthened.
77.
The inclusion of a self-identification variable in the census conducted in 2017 is
an important step and a demonstration of the State’s commitment to making visible
and offering social protection to Afro-Peruvians.
78.
The successful launch of the self-identification variable nevertheless revealed
concerns, including how the broad (but necessary) category of mestizo may actually
misrepresent the number of Afro-Peruvians without due care, and how the design of
the sample for the census conceals analysis of Afro-Peruvian experience at the regional
and local levels.
79.
The National Development Plan for the Afro-Peruvian Population (2016–2020)
has not been adequately or systematically implemented. The Working Group is
concerned that no specific funding, resources, structure or authority have been
specifically designated to promote and protect the human rights of Afro-Peruvians after
the Plan has been implemented. Only eight of 19 ministries have agreed to implement
the Plan. Only the regional governments of Ica and Piura have issued specific
ordinances to draft plans to implement it.
80.
In the public sector, the denial of access of Afro-Peruvians to public
administration, goods and services is the result of a lack of implementation of the State’s
existing anti-discrimination framework. Lack of investment in public utilities,
infrastructure and irrigation, of formalization of land title, and of education and health
care have led to a denial of access to basic services and to core human rights for many
Afro-Peruvians.
81.
Similarly, public investments in human capital and in research and development
ignore the potential of the Afro-Peruvian community at every socioeconomic and
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