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Peru: State Dept Rpt, Section 5- esp on Women and Indigenes



[CB comments: there is only one more section to go, if anybody is waiting
to make any points about the statement overall.

This section carries interesting information about the degree of oppression of
women (presumably 50% of the population) and indigenous people (30% of the
population?) in particular. In view of what is reported it is not clear why
the assertion is made that in the case of indigenous people, the PCP
has been the "most" egregious violator of indigenous rights.]


Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status

The Constitution provides for equal rights for all citizens and
specifically prohibits discrimination based on ethnic origin, race,
gender, language, religion, opinion, or economic condition.
Nevertheless, discrimination against women, the disabled, and minorities
continued. Even so, women have emerged as a key force on the Peruvian
political scene. Discrimination based on sexual orientation is
frequent.

Women
Violence against women, including rape and spousal abuse, is a chronic
problem, according to local women's groups and law enforcement offices.
On average there were over 300 complaints of violence against women per
month, according to these sources. In the last 10 years, there were
over 60,000 reported cases of violence against women nationwide; many
additional cases, however, go unreported. While there are no reliable
statistics, groups which work with victims believe spousal abuse and
rape to be at a very high level. Victims frequently are reluctant to
come forward, and women's groups complain of police indifference and the
pervasive assumption that if a women was raped she probably enticed the
man.
There are special police stations in Lima and other major cities where
policewomen deal directly with abused women. They report a rising
number of complaints of domestic violence. In addition, women's groups
have established legal aid and health centers for women. Judicial
authorities take legal action against perpetrators of domestic violence.
However, one of the reasons that special women's police stations were
established was that regular policemen often do not take seriously
accusations by women against their husbands. Although the Government
has passed strong legislation against domestic violence, it is not
always implemented at lower levels, especially outside the major cities.
The Constitution grants women equality, and laws on marriage, divorce,
and property rights do not discriminate against women. Nevertheless,
tradition often impedes access by women to leadership roles in major
social and business institutions.
Sexual harassment in the workplace continues to be a common problem.
One study by a women's rights organization showed that 62 percent of
working women knew of cases of sexual harassment in the workplace.

Children
The Government made efforts to address children's human rights and
welfare; however, much work still needs to be done. President Fujimori
frequently has emphasized the need to improve education at all levels,
but the Government does not have sufficient funds for public schools.
Millions of children continue to suffer from malnutrition and live in
extreme poverty.
The issue of children serving in the military was highlighted by the
death of a 14-year-old soldier from a gangrene infection during the
January-February border conflict with Ecuador. The military denied that
it recruited 14-year-olds and claimed that the child had volunteered at
the start of the border conflict. Nevertheless, the child's relatives
in Lima publicly asserted that he had been forced into military service.
There were also reports of other soldiers as young as 15 being injured
during the conflict. It is unclear how many soldiers under the age of
18 serve in the military.
In Lima there are thousands of orphaned, homeless, and abandoned
children, and many of them are forced to work in the informal economy to
support themselves. One study indicated that more than 200,000 children
under the age of 16 were working in order to survive. Violence against
children is a serious problem. According to some estimates,
approximately half of all rapes are perpetrated against minors. The
1995 suicide of a couple infected with AIDS, who had four young
children, focused public attention on the growing need for homes for
those orphaned as a result of AIDS-related deaths.
New legislation in April discontinued the practice of adult terrorism
trials for those under age 18 and ordered that underage prisoners be
moved to juvenile detention facilities. However, cases continued to
come to light of persons under 18 who are held in adult prisons.

People With Disabilities
Although the Constitution states that disabled persons "have the right
to respect of their dignity and to a regime of protection, attention,
readaptation, and security," the Government has few resources available
for assisting the disabled or preventing discrimination against them.
Little legislation and few accommodations exist for people with
disabilities, such as wheelchair ramps on streets and in buildings, or
laws mandating access for them, although in any case, few among the
physically disabled have wheel chairs. The number of those disabled is
believed to be very high as a result of the years of violence during the
Sendero and MRTA insurgencies. Disabled persons face discrimination
when seeking employment and many are reduced to begging in the streets.
The publicity surrounding the success of Peru's team at the 1995
International Special Olympics focused public attention on the problems
of Peru's disabled.

Indigenous People
The 1993 Constitution prohibits discrimination based on race and
guarantees the right of all citizens to speak their native language.
Nevertheless, Peru's large indigenous population faces pervasive
discrimination and social prejudice. Because of geographic isolation,
government centralization, lack of organization, and social
marginalization, indigenous people in general are unable to participate
in decisions affecting their lands, cultures, traditions, and the
allocation of natural resources. In jungle areas, colonists, coca
growers, guerrillas, and business interests steadily encroach on native
lands, many seeking to exploit natural resources. The largest
indigenous groups are those speaking Quechua and Aymara, which are
recognized as official languages. However, there are dozens of smaller
native language groups. Indigenous people lack access to public
services in many inland areas while business investment is concentrated
on the coast.
As a result of the January-February border war with Ecuador, public
attention was focused on the 45,000 Aguaruna-Huambisa people who inhabit
areas near the Upper Cenepa Valley where fighting took place. A number
of Aguaruna-Huambisa villages were evacuated during the fighting and
several hundred Aguaruna-Huambisa tribesmen participated in the conflict
as guides and couriers. There were reports that some Aguaruna-Huambisa
community members were pressed into service. Aguaruna-Huambisa leaders
have complained about the lack of consultation by the Government on
matters affecting their welfare, including land tenure, and poor living
conditions.
Sendero Luminoso has been the most egregious violator of indigenous
rights. At the end of 1994, between 8,000 and 10,000 Ashaninkas in the
central jungle area remained displaced and as many as 3,000 were in
areas under Sendero control. During that year, 1,500 displaced
Ashaninkas were resettled in stable communities. During 1995 displaced
groups of Ashaninkas continued to be reincorporated into such
communities.

National/Racial/Ethnic Minorities
Peru's population includes several small racial minorities, the largest
of which are blacks of African descent and Asians. Blacks, who tend to
be concentrated along the coast, face particularly pervasive
discrimination and social prejudice and are among the poorest groups in
Peru. They are excluded from leadership roles in government, military,
and business institutions. Both the navy and the air force reportedly
have unwritten policies that exclude blacks from the officer corps.
According to Peru's two black human rights groups, police routinely
detain persons of African descent on suspicion of committing crimes for
no other reason than the color of their skin, and police rarely act on
complaints of crimes against blacks. The Government has taken no action
to remedy these problems.
Although Peru's Asian population has traditionally been subjected to
discrimination, this has changed during the past decade as Peru has
looked toward Asia as a growth model and as the Asian community has
achieved financial success. Apart from President Fujimori, who is of
Japanese descent, many other Asians now hold prominent leadership
positions in business and government.




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