Peru – Public procurement

The NAP foresees a set of actions that includes specialized training for all sectors, taking into account the particularities of each one of them. (…) It also includes measures to strengthen the regulatory and supervisory capacity of the State, the social conflict prevention policy and the integrity and fight against corruption policy, to contribute to the reduction of informality, adapt internal regulations to international standards, consolidate a sustainable public procurement regime and guarantee accessible and timely avenues of redress for citizens. – page 7

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Informality in the economic sector

(…) The public procurement system and, in general, the competent governing bodies have an important potential to contribute to the strengthening of the formalization process and, in the medium and long term, to the strengthening of the aforementioned culture of formality. – page 42

Transparency, integrity, and fight against corruption

(…) it is necessary to strengthen the public procurement model to include incentives for companies that meet integrity standards, as determined by the evaluation of the state of the art of the GP-RBC approach in the public procurement system, which will be carried out within the framework of the implementation of the NAP. – page 43

Child labor

In addition, it is required to adopt measures in contracting processes with the State for the commission of infractions related to child labor in the production chain, as determined by the evaluation of the situation of the GP-RBC approach in the public procurement system, which will be carried out within the framework of the implementation of the NAP. – page 45

Judicial and extrajudicial reparation mechanisms

In the relationship between human rights and business, access to an effective remedy is a corners-
tone in the face of rights violations. There is a need to strengthen and develop the capacities of the bodies responsible for the procurement and administration of justice, as well as the oversight bodies
and extrajudicial mechanisms, with a gender and differential approach. – page 51

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere

22.

Action: Prepare an assessment of the status of the public procurement system with respect to the GP-RBC approach.

Background: It is necessary to know the status of the public procurement system, its regulations and management, in relation to the GP- RBC standards previously defined by the MINJUSDH, in order to determine how the public procurement system can contribute to achieving the expected objective.

Indicator: Situation assessment report. – page 71

23.

Action: Evaluate, based on the status assessment report, the incorporation of appropriate measures to contribute to formalization through the public procurement system; as well as to prevent the State from contracting with companies that commit serious human rights violations, specifically those related to forced labor and the worst forms of child labor, directly or through their supply chain; and promote and guarantee respect for human rights by companies in their supply chains.

Background: Peru should also continue to make progress in ensuring that public procurement excludes companies that directly or through their supply chains engage in forced labor, the worst forms of child labor, and other serious human rights violations. Likewise, the State should promote measures so that through public procurement, companies and their supply chains are encouraged to respect human rights.