Peru
Summary
Peru's standing national mechanism has been established through the adoption of two legal frameworks, one establishing the "Intersectoral Protocol for the Participation of the Peruvian State before International Human Rights Protection Systems” (Intersectoral Protocol) and one creating an online tool serving as the digital interface for its work.
Institutional setup and mandates
INSTITUTIONAL SETUP
Supreme Decree No. 010-2020-JUS, which approves the “Intersectoral Protocol for the Participation of the Peruvian State before International Human Rights Protection Systems” (Intersectoral Protocol), serves as the regulatory basis for the preparation of reports by the Peruvian State to international human rights protection systems.
According to** section 4.3 of Supreme Decree No. 010**, the Interoperability System of Peru for the Organs of the International Human Rights Protection Systems is used to monitor implementation of the Intersectoral Protocol. This system functions as a tool aimed at strengthening inter-institutional coordination to provide timely responses to communications from human rights protection systems, to track progress in the implementation of their recommendations, and to facilitate means of collaboration with civil society.
Composition Supreme Decree No. 010 states that public entities must formally submit, through a written document, the designation of their institutional and technical focal points to the Vice Ministry of Human Rights and Access to Justice, for the purpose of implementing the Intersectoral Protocol. These focal points are assigned to the organizational units or departments of the institutions, based on their position and competence as the governing body in matters addressed by the relevant human rights treaties.
Methods of work/rules of procedure The multisectoral participation of various State entities within the framework of the NMIRF is determined by the competencies and functions established in their respective Laws of Organization and Functions (LOF) and Regulations of Organization and Functions (ROF).
Secretariat In accordance with Supreme Decree No. 010-2020-JUS, which approves the Intersectoral Protocol, the General Directorate for Human Rights (DGDH) of the Ministry of Justice and Human Rights consolidates the information submitted by the various sectors and levels of government.
MANDATE
The national mechanism's mandate includes reporting to UN and regional human rights mechanisms and implementing their recommendations.
Engagement with international human rights mechanisms
The national mechanisms engages with all UN human rights mechanisms as well as with the Inter-American human rights system.
Process for the preparation of state reports According to section 5.2 of the Intersectoral Protocol, the General Directorate for Human Rights (DGDH), in coordination with the Ministry of Foreign Affairs, reviews the information and identifies the necessary steps based on the specific requirements of international human rights systems. It then prepares an Action Plan to guide the report’s preparation.
Next, the DGDH invites the relevant institutions’ focal points to a preparatory meeting—either in writing or virtually—where the Action Plan is presented.
If needed, bilateral or group meetings are held to provide technical support and clarify the type of information required for the report.
Coordination and consultation with stakeholders
COORDINATION
The General Directorate for Human Rights (DGDH), in coordination with the Ministry of Foreign Affairs, liaises with ministerial and departmental focal points.
It conducts a preliminary analysis of the requested information and identifies the necessary corresponding activities. Based on this, it formalizes the request for information to the focal points for the preparation of the report. Once the information is received, the DGDH is responsible for consolidating it and drafting the report. The document identifies the sources of descriptive or statistical information and indicates those cases that are pending response or require additional information from the focal points. I f the focal point has not submitted the information within the established deadline, or if the submitted information is insufficient or requires clarification, an additional submission period is granted, ranging from three to ten working days. The specific deadline depends on the type of reporting procedure and the complexity of the information requested.
Channel of communication with the National Statistics Office Currently, there is no formalized communication channel between the National Mechanism and the National Institute of Statistics and Informatics. However, the importance of establishing coordination mechanisms with this entity is acknowledged.
Local and regional governments The intergovernmental approach (article 1.5 of the Protocol) means that each level of government—national, regional, and local—assumes the exercise of shared competencies in a timely, efficient, and coordinated manner. This is carried out in fulfillment of their responsibilities, respecting their respective spheres of authority and promoting practices of coordination, complementarity, and articulation among the different levels of the State. Regional and local governments actively participate in its implementation, in accordance with the provisions of section 6.1 of the aforementioned regulatory framework.
Channel of communication with the Parliament The Congress of the Republic is among the participating entities (section 6.1 of the Protocol).
Channel of communication with the Judiciary The Congress of the Republic is among the participating entities that carry out actions in collaboration activities with the OSPIDH (section 6.1 of the Protocol).
CONSULTATION
According to section 5.2 of the Protocol, the DGDH promotes the adoption of civil society participation methodologies during the report preparation process through various measures, depending on the nature and subject of the report. To this end, it develops strategies that encourage active, informed, accessible, and diverse participation. Civil society participation activities may include public events, working meetings, strengthening and supporting civil society participation spaces, access to computer tools, and other methods that ensure effective and informed participation, if necessary, with technical support from the United Nations System in Peru and from the OHCHR.
Follow up and implementation
The System for the Follow-up, Monitoring, and Evaluation of human rights policies, plans, and programs is used as an information management interoperability tool, overseen by the Directorate general for Human Rights.
By Supreme Decree No. 018-2024-JUS, the Multisectoral National Human Rights Policy until 2040 (PNMDH) was approved, with the central objective of addressing structural inequality and discrimination that limit the full exercise of human rights in Peru.
Contact information
Ministry of Justice and Human Rights, through the General Directorate of Human Rights.
https://busquedas.elperuano.pe/dispositivo/NL/1878720-1
https://sipdeh.minjus.gob.pe/sipdeh/content/external/externalHome.xhtml
This page was built with support from unofficial automated translation.