CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS
1.2. Methodology: Peer-to-peer dialogue as the basis of the NAP
Management by results favors that the NAP complies with the requirement of mainstreaming the human rights approach and its complementary approaches (Minjusdh, 2019), which are the following:
- Gender approach: considers the roles and tasks performed by women and men in a society, as well as the asymmetries and power relations and inequalities that occur between them, and seeks to understand and explain the causes that produce them in order to formulate measures that contribute to overcoming the social gaps generated by gender inequality, ensuring access by women and men to public resources and services and strengthening their political and citizen participation under equal conditions.
- Differential approach: this contemplates a progressive development of the principle of equality and non-discrimination, considering that, although all people are equal before the law, the law affects each person differently, according to their class, gender, ethnic group, age, physical or mental health, sexual orientation, gender identity, or another status.
- Intersectional approach: is a tool for the analysis of the multiple discriminations that people suffer individually and collectively, especially women; this approach helps us to understand how different variables (social, cultural, economic, religious, ethnic, generational, etc.) influence access to rights and opportunities, for example, being an older woman, being indigenous and having a disability. – page 16
CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU
Regarding gender issues, the Aequales report (2020) measures gender equity in different organizations in Latin America, through a questionnaire that addresses the key areas for equity. In the 2020 edition, 910 organizations participated, of which 10 companies with the best position in the Peruvian ranking are linked to the finance and insurance, business services, pharmaceutical, construction, telecommunications, and retail sectors. – page 34
In that vein, the Working Group on Business and Human Rights has called for a general call to break the cycle of corruption that generates human rights violations related to business activities, analyzing public procurement and State concessions, land acquisition, health and pharmaceutical supply chains (with special attention in the context of the pandemic), the extractive sector, as well as the gender dimensions of business, human rights and corruption (UN. Working Group on the issue of human rights and transnational corporations and other business enterprises, 2020, §§ 58-60). – page 37
CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Freedom of association and collective bargaining
Freedom of association and collective bargaining are human rights recognized in the main international instruments and this generates responsibilities on the part of the State for their protection. Respect for these rights is binding and requires the adoption of measures to strengthen trade union institutions with a gender perspective and other complementary measures.
Moreover, occupational health and safety is a human right and requires an approach that takes into account the special needs of each category, risky jobs, gender, interculturality, and sexual orientation. – page 44
There is historical structural discrimination against women that generates various violations in the access to rights such as freedom from violence, sexual and reproductive health, participation in decision-making spaces, and violations in social and economic rights. The Peruvian State has been developing a mandate to mainstream the gender approach and promote gender equality in order to coordinate, articulate, and oversee policies and institutional management, but it needs to strengthen actions to address: (i) limitations to access, permanence, and development in the labor market, which have differentiated expressions, (ii) limited access and participation in decision-making spaces and (iii) gender violence in the workplace and (iv) the overload of unpaid care work that women have, which impedes their access to the labor market.
There are important practices from the business sector such as the implementation of the Working Committee for the Promotion of Women’s Empowerment in the Business Sector, as well as other initiatives in empowerment for leadership and business, promotion of incursion in traditionally male tasks, rankings, and seals that recognize companies that implement gender equality practices. One of the main demands from civil society is the establishment of a care system, which represents one of the main barriers to women’s equal access to work and other spaces. It is also important to mention that it is necessary to implement due diligence measures.
In recent years, a significant effort has been made to incorporate a gender perspective in the administration of justice in order to institutionalize this approach in judicial work. The greatest efforts of the justice system are concentrated on the problem of violence against women and family members. However, there is a scarce technological process, inefficient allocation of resources, as well as a lack of specialization, which will have a differentiated impact on women and men. In addition, some various sexist prejudices and stereotypes are still present in the justice system and prevent women from accessing their rights on equal terms. – page 45/46
People with disabilities
According to the National Multisectoral Policy on Disability for Development to 2030, structural dis- crimination against persons with disabilities is a public problem that transcends and is independent of individual discriminatory actions; and that, in addition, it is part of a process of accumulation of disadvantages and has social implications in the areas of enjoyment of rights and reproduction of social inequality. In Peruvian culture, people with disabilities are still perceived from the medical standpoint, i.e., disability is in the person and not in the social barriers, which does not allow reducing inequality gaps. This situation of disadvantage is greater in the case of women. – page 47
There is a robust normative framework against discrimination, but it is also required a normative framework and public policies that address their particular needs and guarantee non-discrimination in: (i) promotion of employment for LGBTI people, (ii) access to employment, (iii) working conditions, and (iv) permanence. This group also needs to overcome statistical invisibility in judicial and administrative records.
The progress made by the formal business sector, especially from the Global Compact, Confiep, and business organizations such as Pride Connection, Presente, and Ranking PAR, is noteworthy. It is important to deepen these advances and replicate them in other companies and extend them to suppliers, distributors, and clients, seeking their articulation with public policies in other business sectors in order to progressively overcome the existing structural problems in the promotion and access to employment, safe working environments (prevention, attention and sanction protocols) for access and permanence in the workplace, perception of labor benefits, among others. Public advocacy and state counseling, as well as oversight, should include an explicit focus on the needs of LGBTI people, for example, through the incorporation of the needs of this vulnerable group in Legislative Decree No. 728. – page 48
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.
Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.
Action: Create and implement a permanent training program based on international standards on GP-RBC, from the Justice and Human Rights sector, with special emphasis on the specific needs of organized civil society, indigenous peoples, Afro-Peruvian people, trade unions, special protection groups, communities, and peasant patrols, and citizens in general.
Background/Indicator: Training plan on GP-RBC for unions, indigenous peoples and Afro-Peruvian people, with special emphasis on women. – page 61
Action: Guarantee the rights, especially the rights to equality and non- discrimination, of specially protected groups (LGBTI, the elderly, people with disabilities, women, migrants, Afro- Peruvians, indigenous peoples) in consumer relations.
Background: Special protection groups (LGBTI, elderly people, people with disabilities, women, migrants, Afro-Peruvians) require the State to adopt measures that guarantee their right to fair and equitable treatment in consumer relations and not to be discriminated against on the basis of origin, age, sex, sexual orientation, etc., in the products and services offered.
Indicator: Number of training activities on equality and non- discrimination in consumption and/ or advertising for suppliers and/or consumers. – page 62
Action: Coordinate with the business sector to develop training plans on best practices in gender equality and non-discrimination in the workplace.
Background: It is necessary to promote training opportunities in the business sector
on good practices in equality and non-discrimination in business management, in order to help close gender gaps and promote women’s participation in the labor market.
Indicator: Number of training plans on best practices in gender equality and non-discrimination in business management. – page 63
|Strategic guideline No. 3: Design of public policies that promote respect for human rights by companies through accountability, investigation, and sanction for the impacts of their activities.|
|Objective 1: Promote policies and/or standards that guarantee respect for human rights in business activities.|
Action: Incorporate the human rights approach, taking into consideration the GP-BHR and other international standards, in public policy related to the issue of persons with disabilities.
Background: Public management policies, plans, and programs should consider the human rights approach and its complementary approaches (gender, disability, intercultural, age, territorial, and differential) in their design, elaboration, and implementation, taking into consideration the HR-PR and other international standards in public policies.
Indicator: Study on the incorporation of the human rights and disability approach in the employment of people with disabilities. – page 91
Action: Promote the reconciliation of work and family life in public and private sector workplaces.
Background: To provide answers that favor the reconciliation of family and work-life for women and men working in public and private sector workplaces, under principles of gender equality, understanding the complexity of family ties in a diversified society.
Indicator: Regulatory proposal for the Strengthening of child daycare services in public and private sector workplaces for the reconciliation of family and work life; Report the number of public and private sector workplaces that implement child daycare services that promote work-life balance; Report the number of employees in public and private sector workplaces benefiting from child daycare services that promote the reconciliation of work and family life. – page 93/94
Action: Guarantee equal access to work and work performance for LGBTI people.
Background: Promote initiatives aimed at ensuring equal employment opportunities for LGBTI people.
Indicator: Evaluation and recognition of legal entities working to promote the employment of LGBTI people through the certification mark “Safe Company, Free of Violence and Discrimination against Women”. – page 101
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
Action: Promote the rights and non-discrimination of special protection groups (elderly people, Afro-Peruvians, people with disabilities, women, LGBTI people, migrants) in advertising and the media.
Background: Media companies have a responsibility to promote and respect the rights of specially protected groups (elderly people, Afro- Peruvians, people with disabilities, women, LGBTI people, migrants), since, through the content of their programming, they make visible or make invisible certain aspects of society, reinforcing narratives that benefit or harm this population group.
Indicator: Number of informative letters sent to market agents. – page 109
Action: To support the commitment of companies in the fight against harassment, sexual harassment, and any type of violence in the workplace.
Background: One of the difficulties identified in the area of business and women’s rights are situations of harassment and sexual harassment. This requires institutionalized prevention work and the implementation of due diligence measures to prevent possible violations in the context of business activities. The “Safe Company, Free of Violence and Discrimination against Women” Certification Mark is biannual. Therefore, biannual goals will be considered.
Indicator: Number of editions of the “Safe Company, Free of Violence and Discrimination against Women” Certification Mark: Number of editions of the “Safe Company, Free
of Violence and Discrimination against Women” Certification Mark; Percentage of legal entities certified with the “Safe Company, Free of Violence and Discrimination against Women” Certification Mark that receive technical assistance in the prevention of and attention to violence against women; Number of women accessing the “Work without Harassment” service. – page 110
Action: Promote gender equality and non-discrimination within companies.
Background: Currently, the gap in women’s participation in the formal private sector persists. Three out of every 10 people working in the formal private sector are women. In order to raise awareness of the importance of promoting the inclusion of women in the workplace, communications and awareness-raising activities will be carried out. The greater participation of women in the labor market has a direct impact on the development of their economic autonomy.
Indicator: Number of informational materials or communication actions directed at the business sector. – page 113