Peru

3.2. Conclusions of the specific issues

Child labor

There are organizations of working children and adolescents that have a critical appraisal of the work, due to the precarious working conditions. However, the international standard establishes the need to raise the minimum age of working children and adolescents, as well as to monitor that those who are of the minimum working age do not perform hazardous work. It is also important to mention that the measures to be adopted require a special focus on the areas of informality (where this problem is specific to), as well as in rural areas and particularly in relation to indigenous or native peoples.

Progress was found in the reduction of child labor rates, as part of the expected results, but the evaluation and monitoring of the National Strategy for the Prevention and Eradication of Child Labor 2011-2021, in charge of the MTPE, the governing body in this area, is required. However, being in the last year of its implementation, its evaluation is relevant, which will allow the formulation, based on evidence, of the new national policy for the prevention and eradication of child labor, aligned with the country’s international commitments in relation to the fulfillment of Target 8.7:

–        Take immediate and effective measures to eradicate forced labor, end contemporary forms of slavery and trafficking in persons and ensure the prohibition and elimination of the worst forms of child labor, including the recruitment and use of child soldiers, and, by 2025, to end child labor in all its forms […].

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.

Although companies are committed to and have made progress in respecting human rights, there is a need for information on informative or guiding instruments that provide guidelines for the eradication of child labor throughout the production chain. – page 44/45

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

20.

Action: Raise the minimum working age to 15 years of age.

Background: The country has received recommendations from the Committee on the Rights of the Child, and the following are pending implementation: Raise the minimum age to work to 15 years of age. In this sense, it is required to evaluate the issuance of regulations to raise this age.

Indicator: 1 annual report of activities and progress of the organizational unit regarding its work in implementing, following up, monitoring, evaluating, and updating its GP-RBC policy and the NAP.  – page 70

21.

Action: Ensure that all hazardous forms of work are prohibited for persons under 18 years of age

Background: The country has received recommendations from the Committee on the Rights of the Child, with the following pending implementation: “Ensure that all hazardous forms of work, which include domestic work, are prohibited for children under 18 years of age. In this regard, it is required to update the list of hazardous work developed as part of the activities of the National Steering Committee for the Prevention and Eradication of Child Labor (CPETI)”.

Indicator: To have a technical report.  – page 70

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.

Indicator: Report identifying appropriate measures. – page 71

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

49.

Action: To prepare a study that includes an analysis and situational status of child labor in the informal sector

Background: Study of the analysis and situational status of child labor in the informal sector and production chains.

Indicator: To have a study on child labor in the informal sector. – page 89

82.

Action: Provide information and raise awareness on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice

Background: Despite the international instruments on business and human rights, our country has not yet issued any specific regulation that includes mechanisms to require companies to ensure that their supply chains do not contract with companies that have been sanctioned for forced labor and/or worse forms of child labor. These mechanisms should also consider micro and small companies.

Indicator: Informative booklet on the importance of not contracting with the State in the case of companies with sanctions for forced labor and the worst forms of child labor, making visible the harmfulness of such practice. – page 116

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

91.

Action: To guarantee mechanisms for redress in the event of violation of the rights of children and adolescent workers in business activities

Background: Both administrative and criminal liability are focused on sanctioning offenders, in the absence of expeditious and accessible procedures for the redress and rehabilitation of victims of child and hazardous labor.

Indicator: Approval of the strategy for the comprehensive care of children and adolescents identified as child and hazardous laborers. – page 122

In 2019 the SNMPE (Sociedad Nacional De Mineria Y Petroleo Y Energia) developed a general human rights policy model for its members, which is based, on the OECD Guiding Principles and Guidelines, and integrates a risk-based due diligence approach (OECD, 2020b, p. 23). It has also established a national dialogue platform for mining (Mining for All), which provides guidance on how to receive complaints and respond to community demands, as well as a communication platform, which presents its environmental and social projects and their contribution to the SDGs (COM-Unity). – page 33

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Environmental Impact Assessment (EIA)

The State has assumed a set of international environmental obligations related to the EIA, which has resulted in internal regulations to strengthen public policy to protect the environment and related rights in the context of investment projects. Within the framework of the National Environmental Impact Assessment System, the competent public entities have made progress both in the production of common general guidelines and by type of project for the preparation of EIAs, as well as in the mechanisms to ensure an adequate quality of information for the socio-environmental baselines and the content of the EIAs. The Executive Branch has the challenge of articulating its various governing bodies in order to have ever greater legitimacy and trust on the part of indigenous peoples and other groups with respect to the fulfillment of its role of promoting, supervising, monitoring, and defending the human rights related to this function. In this task, it is essential to count on the active and adequate participation of indigenous peoples, other groups, and citizens in general. – page 49

Large-scale agriculture

The agro-export sector represents one of the country’s main economic activities, with palm oil, cacao, asparagus, sugar, and quinoa agroindustries standing out. In this regard, there is a considerable national and international regulatory framework regarding labor and environmental issues and the rights of indigenous peoples in the context of these activities, which could be strengthened in accordance with various international regulations. Along these lines, as pointed out by the Working Group on Business and Human Rights and the Ombudsman’s Office, as well as the ILO’s special regular monitoring bodies and the OECD country report, state institutions and public policy, in general, should be strengthened to ensure greater effectiveness, in accordance with international standards, especially in areas such as social and environmental sustainability, labor rights and decent work, and prior consultation, among others.

Mining

The prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities.

On the other hand, Peruvian legislation has made progress in dealing with environmental mining liabilities; however, problems persist in rehabilitating environmental liabilities generated by informal and illegal activity. Complaints of heavy metal contamination deserve timely attention, a good example being the work of the Temporary Multisectoral Commission on the matter. – page 50

Hydrocarbons

Peruvian legislation has made progress in addressing the problem of environmental liabilities; however, there are difficulties in rehabilitating environmental liabilities inherited from past operations, so it is essential to consolidate a comprehensive management system for environmental liabilities. – page 51

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

Axis 2. Sustainable management of nature and measures to address climate change. – page 54

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

37.

Action: Follow-up on social commitments assumed in dialogue processes during social conflicts.

Background: There is a need to standardize criteria and establish mechanisms to follow-up on commitments, including voluntary socio-environmental commitments, within the framework of multisectoral dialogue processes.

Indicator: Development of a protocol for monitoring commitments. – page 81

39.

Action: Produce a guide on soil studies and soil capacity in the regions of the country from the agricultural sector.

Background/Indicator: Measures to assess the social and environmental sustainability of agroindustrial projects need to be strengthened by conducting national studies on soil and soil capacity in the different regions and an evaluation of how large-scale plantations have been carried out. – page 82

44.

Action: Strengthen the right to transparency and access to information, taking into account the GP-RBC approach.

Background: It is required that platforms such as SINIA continue with the function of disseminating documentary, geographic and statistical information, in order to strengthen access to environmental information so that it is timely, articulated, georeferenced, updated, reusable, interoperable, so that this helps to narrow the existing information gaps.

Indicator: Number of National Reports on the State of the Environment disseminated through SINIA. – page 84

45.

Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.

Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.

Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85

46.

Action: Evaluate the aspects of the GP-RBC approach that need to be considered in the mechanisms for citizen participation in order to adopt the corresponding improvements, within the framework of the National Environmental Impact Assessment System.

Background/Indicator: The quality of the information collected for the baseline, the predictability of its methodology, the participation of the parties involved, access to environmental information, among others, must be known in order to ensure that vulnerable groups participate in the environmental impact assessment process under equal conditions and in an environment of greater trust. – page 86

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

89.

Action: Disseminate information on how to access the Intersectoral Mechanism for the Protection of Human Rights Defenders.

Background Prepare a report on the situation of environmental defenders.

Indicator: Report on the situation of environmental defenders in Peru. – page 121

Objective 2: Strengthen the judicial and extrajudicial systems to redress human rights violations in the corporate sphere.

93.

Action: Create and implement a permanent training program for justice operators regarding administrative offenses and crimes in labor and environmental matters.

Background: There is a need to implement a training program for justice operators regarding administrative offenses and crimes in labor and environmental matters so that they have greater operational capacity and the processes related to these issues are resolved in compliance with international standards of the right to due process.

Indicator: Creation and implementation of a training program. – page 123

Some specific sectors have adopted RBC approaches to a greater extent, such as mining, hydrocarbons, energy, and agriculture. In 2002, the SNMPE (Sociedad Nacional De Mineria Y Petroleo Y Energia) approved a Code of Conduct, which has been developed over the years with the incorporation of new principles in 2016 and 2018.

In 2019 the SNMPE developed a general human rights policy model for its members, which is based, on the OECD Guiding Principles and Guidelines, and integrates a risk-based due diligence approach (OECD, 2020b, p. 23). It has also established a national dialogue platform for mining (Mining for All), which provides guidance on how to receive complaints and respond to community demands, as well as a communication platform, which presents its environmental and social projects and their contribution to the SDGs (COM-Unity). – page 32/33

In the area of mining, the Responsible Mining Founding report (RMF & Centro Vincular-PUCV, 2020) evaluates mining companies based on their policies and practices concerning economic, environ- mental, social, and governance issues, scoring each category from 0 to 6. In the 2020 edition, the RMF evaluated 38 mining companies. Of this group, 12 companies have mining units in the country, of which Anglo American, Rio Tinto, and BHP Group stand out as having achieved a score of 3 or more in at least one category. – page 34

On the other hand, some cases have been identified in business sectors such as mining, hydrocarbons, and large-scale agriculture, where gaps persist that reflect a situation where very opposing positions and demands -mainly between companies and civil society- converge. Along these lines, the impacts on human rights that these activities have produced have given rise to serious concern about the possible risks that they may currently generate, to which must be added the scant information available to indicate that the companies in these sectors have adopted adequate measures to avoid these impacts. – page 35

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. General Conclusions of the Diagnosis and Baseline

A series of commitments have been made by companies to respect human rights, commitments that have been translated into documents such as the “Guide for the Peruvian business sector on business and human rights”, prepared by Confiep and the Global Compact of Peru (2019), as well as codes of conduct, corporate policies, and even management protocols, mainly in the mining, hydrocarbons, energy and agriculture sectors. – page 40

3.2. Conclusions of the specific issues

Human rights defenders

(…) According to the MINJUSDH registry, situations of violation of the rights of human rights defenders are due to economic informality, the lack of legal security in the titling of communal lands, the resulting land trafficking, and criminality associated with illegal mining and illegal logging, and drug trafficking. – page 47

Mining

Mining is one of the most important economic activities in the country and, in recent years, due diligence mechanisms have been widely adopted for the formal mining sector. Progress has been made in the negotiation of land transactions due to the dialogue mechanisms and, therefore, it is essential to strengthening them considering the land-use planning policy. In addition, the prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities. Progress has also been made in social conflict prevention mechanisms, although the creation and implementation of a national prevention system is still pending.

The distrust of certain sectors towards mining activity merits a public policy that considers actions to monitor the progress of the business sector in the implementation of due diligence mechanisms, as well as transparency, training and multi-stakeholder dialogue, and greater dissemination of progress. On the other hand, Peruvian legislation has made progress in dealing with environmental mining liabilities; however, problems persist in rehabilitating environmental liabilities generated by informal and illegal activity. Complaints of heavy metal contamination deserve timely attention, a good example being the work of the Temporary Multisectoral Commission on the matter. – page 50

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

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 No. 2: Technical assistance to companies for the observance of human rights in their business activities

70.

Action: Produce, in coordination with the business sector, organized civil society and the competent state sector, a guide aimed at small-scale mining units to promote their formalization and, progressively, a culture of due diligence.

Background: The guide will specifically address the GP-RBC postulates in order to promote the formalization of small-scale mining units that are in this process and progressively implement a due diligence culture, taking into account their peculiarities. The guide will be developed with the business sector and civil society, and its implementation and follow-up will be promoted.

Indicator: Due diligence guidelines for small-scale mining units developed, submitted, and implemented. Follow-up reports on the implementation of the guide (Action Indicator). – page 108

It is also noteworthy that Peru has taken significant steps to implement due diligence standards. In this regard, in 2018 it adhered to the OECD Council Recommendation on Due Diligence Guidance for a RBC, which adds to previous accessions to the Council Recommendations on Due Diligence Guidance for the mining sector in 2011 and the textile and footwear sector in 2017.

In particular, the Due Diligence Guidance for a Responsible Business Conduct, published in 2018, in addition to having been agreed by governments, trade unions, companies, and civil society, seeks to promote a consensus on due diligence and also to help companies implement the due diligence recommendations contained in the Guiding Principles, as well as in the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization (ILO) (cf. OECD, 2018). – page 8

Despite persistent problems such as the high level of informality and, recently, the global pandemic of Covid-19, the formal business sector has progressively adopted good practices guided by the Guiding Principles and other related international standards. – page 9

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Training needs

In general, the survey applied by OHCHR shows that the representatives of the NAP Multi-stakeholder Roundtable claim to have a medium level of knowledge about the business and human rights framework and RBC, and therefore consider it important to implement an adequate training strategy on the subject, in order to demystify preconceptions and further position the human rights approach in business management. Although there is familiarity with international instruments, as well as with the 2030 Agenda, the Guiding Principles, ILO studies on RBC in Peru, among others. In addition, there is still a need for training on corporate due diligence, both in business activities and supply chains. Likewise, there is an acceptable level of knowledge on the Guiding Principles, but this needs to be reinforced for the remediation pillar. – page 41

Due diligence mechanisms

The findings of the diagnostics show across the board that an important aspect that needs to be incorporated in companies is the adoption of due diligence measures. (…) Just over 50% do not apply due diligence processes to risks in the supply chain. This shows the need for a strategic articulation between the State, civil society, and the business sector so that an increasing number of companies incorporate these measures into their activities, as well as strengthen their practical application. In this regard, 57% mentioned the need to receive training on due diligence tools, so that training and advisory services are needed in this area to enable their practical implementation at the operational level. – page 42

Environmental Impact Assessment (EIA)

For its part, the formal business sector has generated good practices to be considered in the construction of a public policy on business and human rights and RBC. This should promote and guarantee corporate due diligence mechanisms from the formulation of the EIA, being strengthened by transparency mechanisms, training, multi-stakeholder dialogue, risk identification, complaints, among others, as recommended by the UN System, the Inter-American System, and the OECD. In addition to this, it is pertinent to mention that although the diagnosis corresponding to this NAP focuses on the problems related to EIAs, the provisions referred to the RBC are applicable to all environmental management instruments provided for in Peruvian environmental regulations. – page 49

Large-scale agriculture

Business associations in the sector, such as AGAP, have implemented good corporate practices, such as the adoption of codes of conduct, crime prevention policies, and measures against Covid-19, among others. However, there is no information from the public policy on their implementation, so it is necessary to generate public policy mechanisms to promote due diligence and reporting of these advances to the competent state sectors, as well as to strengthen the channels of complaint and internal human rights policies of the companies. – page 50

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 No. 1: Officials, managers, and public servants incorporate the guiding principles and other related international instruments in public management, specifically in the service they provide.

2.

Action: To implement training on GP-RBC and other international standards, from the governing body of the corresponding entity, aimed at its officials, managers, and public servants.

Background: In order to guarantee a permanent state training and awareness-raising effort for officials, managers, and public servants at all levels, each entity of the Executive Branch will progressively implement training initiatives on GP-RBC that meet the particular institutional needs, taking into account, to the extent necessary, the context of the health emergency caused by Covid-19. For this purpose, the entities may coordinate with MINJUSDH, to articulate technical and/or financial support with international organizations and international cooperation. In these cases, each entity will articulate, coordinate or report such training to MINJUSDH, taking into account its role as the governing body in human rights matters.

Indicator: Annual progress report on the implementation of training initiatives.  – page 57

13.

Action: Create and implement a permanent training program on GP-RBC and other international standards, from the Justice and Human Rights sector, with special emphasis on meeting the specific needs of the business sector, both private and public, by company size and industry.

Background: In order to guarantee a permanent state training and awareness-raising of the business sector, both private and public, the MINJUSDH will create and implement a training program on GP-RBC and other international standards that will address, in coordination with companies and business associations, their particular needs, with special emphasis and attention to micro and small enterprises. These training activities will take into account, to the extent necessary, the context of the sanitary emergency caused by Covid-19.

Indicator: Number of training sessions for private and public companies and/or business associations on GP-RBC and other international standards, the role of human rights defenders, and the instruments for their protection (Action Indicator). – page 64

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.

12.

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. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

47.

Action: Evaluate the aspects of the GP-RBC approach that need to be integrated into the guidelines, manuals, and other documents of the National Environmental Impact Assessment System (SEIA), related to the role of the evaluating entities and project owners, to adopt the corresponding improvements, as the case may be.

Background/Indicator: Guides, manuals, and other documents for project evaluators and project owners within the framework of the National Environmental Impact Assessment System (SEIA) should incorporate the BHR-RBC approach. Although these documents do not constitute mandatory regulations, but rather have a guiding purpose, they would be very useful for disseminating good practices compatible with international standards. – page 87

64.

Action: Implement the services of the “Formaliza Perú” Integrated Center, nationwide.

Background: The “Formaliza Perú” Integrated Center promotes and facilitates entry and permanence in labor formalization through access to guidance, training, and technical assistance services in matters related to labor formalization (R.M. 169-2018-TR), so within the framework of the NAP this measure is relevant, which is also part of the National Competitiveness and Productivity Plan (Policy Measure 5.4), approved by Supreme Decree No. 237- 2019-EF).

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

76.

Action: Establish a training program on the protection of human rights in the context of social conflict situations, in coordination with MINJUSDH.

Background: It is necessary to develop a culture of dialogue for social peace and respect for human rights within the framework of business activities, thus reconfiguring relations with social environments. To this end, it is important to implement a social conflict management program with a focus on the protection of human rights, so that these can be applied in the environments of investment projects.

Indicator: Training program. – page 113

77.

Action: Produce an instrument for use by the business sector, referring to the prevention of social conflict and RBC, within the framework of the National Action Plan on Business and Human Rights.

Background: Establish action guidelines to guide companies involved in situations of social conflict, in order to avoid human rights violations both by action and omission.

Indicator: Guide for good business practices in the area of GP-RBC that contribute to the prevention of social conflict (Action Indicator). – page 113

86.

Action: Provide technical advice on the implementation of due diligence mechanisms within the framework of GP-RBC, with a focus on occupational safety and health.

Background: In order to promote the implementation of GP-RBC due diligence mechanisms,
the MINJUSDH will provide technical assistance to the business sector according to international standards, the national and international regulatory framework in force, and good practices in Peru and other countries that can be replicated
in the Peruvian context on issues of due diligence in occupational safety and health. This technical advice should consider the characteristics of small and medium enterprises, as well as the context of the Covid-19 pandemic.

Indicator: Number of orientations provided. – page 118

One of the most studied issues refers to the tense relationship between some business activities and the individual and collective rights of indigenous peoples. In addition to the above, there is a lack of evidence that shows the commitment of companies to the particular protection of the rights of this group, as well as due diligence mechanisms that take into account their particularities. This is also reflected for human rights defenders (UN. Special Rapporteur on the Situation of Human Rights Defenders, 2020, §§ 19-24), who witness an environment of stigmatization and lack of recognition of their work. In this regard, it is necessary to have state and corporate management instruments specifically aimed at managing social conflicts and their impact on the rights of human rights defenders. In addition, Guiding Principle 18 establishes that companies should “identify and assess the actual or potential negative consequences on human rights in which they may be involved either through their own activities or as a result of their business relationships” with the sectors concerned, which includes indigenous or native peoples, as well as human rights defenders. – page 36

CHAPTER III : DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Child labor

(…) the dissemination of whistleblower channels, and the protection of whistle- blowers and witnesses, as well as the identification of the institutions in charge of the reinsertion of the victims of this scourge should be strengthened. – page 44

Human rights defenders

As indicated by the Intersectoral Mechanism for the protection of human rights defenders, a human rights defender is a natural person who acts individually or as a member of a collective, ethnic-cultural group, organization, public or private entity, as well as legal persons, groups, organizations or social movements, whose purpose is the promotion, protection or defense of human rights, individual and/or collective, in a peaceful manner, within the framework of national and international law.26 Their protection is regulated, but needs to be strengthened interinstitutionally at the level of juris- prudence and legislation. It is also necessary to recognize and disseminate the importance of this group, deepening a policy of destigmatization and against their harassment, mainly against informal and illegal stakeholders. According to the MINJUSDH registry, situations of violation of the rights of human rights defenders are due to economic informality, the lack of legal security in the titling of communal lands, the resulting land trafficking, and criminality associated with illegal mining and illegal logging, and drug trafficking. However, the civil society database identifies violations in both formal and informal activities, also within the context of socio-environmental conflicts.

The recent creation of the Intersectoral Mechanism for the protection of human rights defenders, under the leadership of MINJUSDH, is a valuable instrument that links eight ministries and should be strengthened, based on the NAP, through the incorporation of the business and human rights The business sector shows commitment to respect for human rights defenders. In this regard, the SNMPE is part of the Roundtable of Human Rights Defenders where protection measures are foreseen. Likewise, it reports on the Guide for Complaints and Claims, in which measures to respect human rights are included. Except in the case of women and unionized workers, due to the long tradition of labor law, in Peru there were no specific mechanisms for protection and redress against violations that could affect human rights defenders. – page 47/48

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.

8.

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.

Indicator: The number of training sessions to civil society organizations and/ or human rights defenders on GP- RBC and instruments for the protection of human rights defenders, to strengthen their work. – page 61

10.

Action: Promote a change in the culture of trade unions as defenders of human rights.

Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.

Indicator: Number of people trained in the area of trade union participation as human rights defenders, considering the business and human rights approach; Number of training sessions for private and public companies and/or business associations on GP-RBC and other international standards, the role of human rights defenders, and the instruments for their protection.  (Action Indicator). – page 62

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

33.

Action: Incorporate the UN Guiding Principles on Business and Human Rights and other international standards into the mechanism for the protection of human rights defenders.

Background: The protection of human rights defenders must incorporate international standards on the subject.

Indicator: Work plan to incorporate the GP-RBC and other international standards in the Mechanism for the protection of human rights defenders. – page 80

48.

Action: Evaluate the implementation process of the Intersectoral Mechanism for the protection of human rights defenders, incorporating the business and human rights approach.

Background: The purpose of having an evaluation report on how the mechanism is implemented is to identify progress and the impact it has on access to rights, which would require the publication of one (1) annual evaluation report.

Indicator: Annual evaluation report on the implementation of the intersectoral mechanism for the protection of human rights defenders. – page 89

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 No. 2: Technical assistance to companies for the observance of human rights in their business activities

71.

Action: Produce, in coordination with the business sector, organized civil society, the competent state sector, indigenous peoples, and trade unions, specific guidelines for the business sector on the implementation of due diligence mechanisms for human rights defenders.

Background: In order to reflect the principles of the RBC and adapt them to specific business sectors, the MINJUSDH will produce a specific guide to implement due diligence mechanisms for the protection of human rights defenders. These documents will be elaborated with the stakeholders linked to the type of activity.

Indicator: Due diligence guide on human rights defenders prepared and publicly presented. – page 108

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

89.

Action: Disseminate information on how to access the Intersectoral Mechanism for the Protection of Human Rights Defenders.

Background: Disseminate information on how the Intersectoral Mechanism for the Protection of Human Rights Defenders works, with cultural and linguistic relevance, so that human rights defenders can resort to it in case they require protection actions.

Indicator: Culturally and linguistically relevant information material that provides information on the Intersectoral Mechanism for the Protection of Human Rights Defenders, in the native languages of the places where the greatest risk situations have been identified. – page 121

1.3. Stages of the elaboration process

First stage: call for stakeholders

It was developed from January to August 2019. It was characterized by the identification and rappro- chement of stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies. In this way, all sectors involved in the issue of business and human rights were brought together. In collaboration with them, the methodological proposal that would guide the NAP was developed and approved. This stage invol- ved the training of stakeholders on issues such as the Guiding Principles and other international standards, good business practices, and the rights of vulnerable groups. – page 23

It was considered a priority to incorporate the voice of rights holders and groups impacted or potentially negatively affected by corporate activities and, in general, of civil society organizations, indigenous peoples, and trade unions. – page 26

1.4. Stakeholders that participated in the process

The NAP preparation process involved 132 stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agen- 27 cies, all of which formed part of the Multi-Stakeholder Roundtable. – page 29

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU

One of the most studied issues refers to the tense relationship between some business activities and the individual and collective rights of indigenous peoples. In addition to the above, there is a lack of evidence that shows the commitment of companies to the particular protection of the rights of this group, as well as due diligence mechanisms that take into account their particularities. (…)Guiding Principle 18 establishes that companies should “identify and assess the actual or potential negative consequences on human rights in which they may be involved either through their own activities or as a result of their business relationships” with the sectors concerned, which includes indigenous or native peoples, as well as human rights defenders. – page 36

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS

3.1. General conclusions of the diagnosis and baseline

On the other hand, sectors such as civil society, trade unions, and indigenous peoples have also made contributions to the issue of business and human rights. While most of these are evidenced in the activities to incorporate the Guiding Principles and the RBC into the national political agenda, they have also brought up general international standards applicable so that the rest of the stakeholders consider them for the adoption of measures. – page 40

One of the fundamental objectives of this public policy is to have strengthened business, trade union, indigenous, and civil society institutions that coordinate with the State on an equal footing, as has been demonstrated throughout the NAP preparation stage. The achievement of this objective will allow this public management instrument to be viable and legitimate, and above all, that its imple- mentation efficiently serves the public purpose of building a country with sustainable development at the service of improving the quality of life of all people, especially the most vulnerable. – page 41

Child labor

There are organizations of working children and adolescents that have a critical appraisal of the work, due to the precarious working conditions. However, the international standard establishes the need to raise the minimum age of working children and adolescents, as well as to monitor that those who are of the minimum working age do not perform hazardous work. It is also important to mention that the measures to be adopted require a special focus on the areas of informality (where this problem is specific to), as well as in rural areas and particularly in relation to indigenous or native peoples. – page 44

Indigenous peoples and prior consultation

The State has a considerable national and international regulatory framework, including the Constitution, Convention No. 169 on indigenous and tribal peoples in independent countries, Law No. 29785 on the right to prior consultation with indigenous or native peoples, Law No. 29735 regulating the use, preservation, development, recovery, promotion, and dissemination of the native languages of Peru, among others, on the rights of indigenous or native peoples, in general, and the implementation of prior consultation, in particular. However, the indigenous or native peoples show state weakness and the need to achieve greater effectiveness of this regulatory framework. Among the main rights to be protected, the aforementioned peoples identified land titling, institutional strengthening for effective prior consultation, attention to structural conditions linked to economic, social, cultural, and environmental rights (food sovereignty, indigenous institutions, and indigenous juris- diction, among others). There is also evidence of the need to incorporate the intercultural approach in an increasingly effective way in public management, constituting a process of adaptation of the different entities, at the regulatory, administrative, and civil service levels of the State, to attend in a pertinent manner to the cultural and social needs of the different ethnic-cultural groups of the country in the measures linked to business activities.

With respect to other matters related to indigenous or native peoples, business associations have made progress with respect to corporate due diligence on human rights, with a clear intercultural approach, such as mechanisms for complaints and social claims in accordance with the Guiding Principles, which provide for reporting on the rules of due diligence and respect for human rights to external stakeholders and disseminate it among their contractors. However, public policy does not provide sufficient information on compliance.

With respect to mechanisms for redressing the rights of indigenous peoples, judicial remedies are the most commonly used, although they are slow and ineffective. There are also administrative avenues used, but it is noted that they are not designed to address the integrity of the damages caused, especially those resulting from informal activities and the criminal environment. Although strategic litigation by indigenous peoples and civil society has been a more efficient form of access to redress, this mechanism has been limited. – page 48/49

Environmental Impact Assessment (EIA)

The State has assumed a set of international environmental obligations related to the EIA, which has resulted in internal regulations to strengthen public policy to protect the environment and related rights in the context of investment projects. Within the framework of the National Environmental Impact Assessment System, the competent public entities have made progress both in the production of common general guidelines and by type of project for the preparation of EIAs, as well as in the mechanisms to ensure an adequate quality of information for the socio-environmental baselines and the content of the EIAs. The Executive Branch has the challenge of articulating its various governing bodies in order to have ever greater legitimacy and trust on the part of indigenous peoples and other groups with respect to the fulfillment of its role of promoting, supervising, monitoring, and defending the human rights related to this function. In this task, it is essential to count on the active and adequate participation of indigenous peoples, other groups, and citizens in general. – page 49

Large-scale agriculture

The agro-export sector represents one of the country’s main economic activities, with palm oil, cacao, asparagus, sugar, and quinoa agroindustries standing out. In this regard, there is a considerable national and international regulatory framework regarding labor and environmental issues and the rights of indigenous peoples in the context of these activities, which could be strengthened in accordance with various international regulations (…)Regarding reparation mechanisms, domestic legislation provides for administrative and criminal sanctions for labor infractions and environmental crimes, respectively, but it is necessary to adopt public policy measures to overcome legal, procedural, and social barriers in their application, mainly for indigenous peoples, workers, and unions. – page 50

Hydrocarbons

State and business commitment to develop it by guaranteeing energy security and the rights of the indigenous or native peoples living in the areas of influence of its projects. In addition to the inter- national framework, the State has national regulations for the protection of the rights of indigenous peoples in isolation and initial contact, as well as legislative advances in practices such as participatory environmental monitoring. – page 51

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.

8. 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: In order to guarantee a permanent state training and awareness-raising effort for the general public, organized civil society, the business sector, indigenous peoples, Afro-Peruvian people, trade unions, and groups in special protection situations, the MINJUSDH shall create and implement a training program on GP-RBC that addresses, in coordination with the institutions representing these sectors and other competent state entities, their particular needs: Training plan on GP-RBC for indigenous peoples and Afro-Peruvian people, with special emphasis on women (Action Indicator). – page 60

9. 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: 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. – page 62

15. To create a coordination space made up of Executive Branch entities for the intersectoral coordination of the implementation, follow-up, monitoring, evaluation, and updating of the NAP. Likewise, continue with the articulation of the State, companies, unions, indigenous peoples, and organized civil society stakeholders, as well as international organizations
and international cooperation, for the implementation, follow-up, monitoring, evaluation, and updating of the NAP, through a coordination space: A space made up of representatives of State, companies, trade unions, indigenous peoples, and organized civil society stakeholders, as well as international organizations and international cooperation agencies. At the time of the approval of the NAP, a similar space already exists and was created for the process of elaboration of the NAP through Vice-Ministerial Resolution No. 01-2019-JUS. Thus, in order to give it continuity, said space -which has the participation of 132 institutions-, will continue to operate, being able to incorporate more stakeholders during the implementation stage. Likewise, in order to guarantee a closer multi- stakeholder accompaniment during the implementation stage, a space with a smaller number of members, appointed by each of the stakeholder groups, will be created within the framework of this space. 3.- A working and coordination space with indigenous organizations in order to contribute to the strengthening of
the institutional framework of such organizations for the follow-up, monitoring, and evaluation of the implementation of the NAP, as well as to follow up that the competent entities responsible for the implementation of actions related to indigenous or native peoples determine, according to the provisions of Article 9 of Law No. 29785, whether the action of the NAP under its responsibility must be subject to prior consultation, as a prior condition for its implementation: A coordination space made up of representatives of State stakeholders, companies, trade unions, indigenous peoples, and
civil society organizations, as well as international agencies and international cooperation, formed and implemented (Action Indicator). – page 66

55.

Action: Promote the rights and non- discrimination of the Afro-Peruvian people and the Andean and Amazonian indigenous peoples, and protect in cases of racism.

Background: To ensure close coordination between the Culture and Justice and Human Rights sectors in order to promote, together with regional and local governments, concrete and effective actions to promote, respect, and guarantee the human rights of Afro- Peruvian people, indigenous or native peoples, and timely defense interventions in cases of racism and racial discrimination. Likewise, the participation of the national representative organizations of these peoples.

Indicator: Strategy for the promotion of the rights of Afro-Peruvian people and Andean and Amazonian indigenous or native peoples, and protection in cases of racism (Action Indicator). – page 92

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

71.

Action: Produce, in coordination with the business sector, organized civil society, the competent state sector, indigenous peoples, and trade unions, specific guidelines for the business sector on the implementation of due diligence mechanisms for human rights defenders.

Background: In order to reflect the principles of the RBC and adapt them to specific business sectors, the MINJUSDH will produce a specific guide to implement due diligence mechanisms for the protection of human rights defenders. These documents will be elaborated with the stakeholders linked to the type of activity.

Indicator: Due diligence guide on human rights defenders prepared and publicly presented. – page 108

87.

Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting  of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.

Background/Indicator: In order to follow up and monitor the implementation of due diligence mechanisms by the business sector, MINJUSDH will progressively create and implement a state mechanism to receive voluntary reports from the business sector reflecting progress in this task. This follow-up and monitoring mechanism will be formulated in coordination with the business sector, with the participation of the state, trade unions, indigenous or native peoples, and civil society sectors; furthermore, the reports will be received voluntarily, at the times and with the contents contemplated in its respective regulations. – page 119

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 3: Create and strengthen mechanisms at the operational level by companies to redress human rights violations in the corporate sphere.

96.

Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which  are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.

97.

Action: Produce, in coordination with the business sector, organized civil society, the competent state sector, indigenous or native peoples, Andean and Amazonian peoples, and trade unions, specific guidelines for the business sector for the implementation of due diligence mechanisms that provide comprehensive reparation.

Background: In order to reflect the principles of PR-CER, and adapted to specific business sectors, MINJUSDH will produce specific guides for the groups of species and issues prioritized in the diagnosis and baseline and others to be prioritized, in order to implement due diligence mechanisms.

3.1. General conclusions of the diagnosis and baseline

Thirdly, with respect to judicial and extrajudicial reparation mechanisms, positive changes have also been evidenced at the regulatory level. Thus, the State has adopted administrative, civil, and criminal penalties for breaches of human rights legislation in the business context. In addition, these reparation mechanisms have taken into account the human rights approach and complementary approaches. Despite these advances, the reparation of individuals and peoples for violations of their rights continues to face serious difficulties due to legal, procedural, and social barriers -mainly- for groups with special protection, which hinders their adequate access to justice. For example, it is evident that the investigative authorities do not have sufficient operational capacity to carry out their functions and judicial processes take years to be resolved. – page 40

Afro-Peruvian people

The problems faced by Afro-Peruvian people in relation to business activities are centered on four scenarios: (i) access to work, (ii) employability and work environment, (iii) consumer relations, and (iv) advertising and media. On this last point, the media play a fundamental role, since they construct and reproduce behavioral models, promote or omit certain discourses, and legitimize practices or subject them to public scrutiny. The Peruvian State has not yet implemented remediation and reparation mechanisms in favor of the Afro-Peruvian people in the face of human rights violations, beyond the declarative nature of the 2009 norm on historical forgiveness. – page 46

Indigenous peoples and prior consultation

With respect to mechanisms for redressing the rights of indigenous peoples, judicial remedies are the most commonly used, although they are slow and ineffective. There are also administrative ave- nues used, but it is noted that they are not designed to address the integrity of the damages caused, especially those resulting from informal activities and the criminal environment. Although strategic litigation by indigenous peoples and civil society has been a more efficient form of access to redress, this mechanism has been limited. – page 49

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. The importance of this lies in
the fact that the reparation of human rights violations can have a dissuasive effect on the repetition
of similar situations. It is necessary to evaluate the possibility of expanding the catalog of crimes for
which criminal liability could be imposed on legal persons, in relation to human rights violations that
are characterized as crimes; as well as to assess the convenience of clarifying or making explicit the
rules of domestic law from which the liability of companies to prevent adverse impacts on human
rights is derived. – page 51

Private security

In terms of reparation mechanisms, the judicial system presents pre-existing barriers that affect access to justice, especially for the most vulnerable people, and therefore, access to judicial reparations. – page 51

Use of force and police agreements

For its part, the formal business sector has been incorporating complaint and grievance mechanisms within the framework of which security and human rights issues can be addressed, such as the Guide for Complaints and Grievances prepared by the SNMPE. Likewise, progress has been made in training on the subject with the formation of a working group. – page 52

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. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

38.

Action: Execute training actions aimed at GORES officials on the guidelines of the procedure for the formalization of individual and collective land rights.

Background: The process of formalizing individual and collective land rights needs to be strengthened. To this end, it is necessary that MIDAGRI, through DIGESPACR, implement training actions aimed at GORES officials on the guidelines of
the formalization procedure under the approach of individual and collective human rights over land.

Indicator: GORES officials trained in the guidelines of the procedure for the formalization of individual and collective land rights. – page 82

43.

Action: Promote the reduction of the land titling gap of rural properties, and of peasant and native communities at the level of the GORES.

Background/Indicator: The execution of the procedures for the Titling of rural properties, peasant communities, and native communities is the exclusive competence of the GORES and the steering role is exercised by the MIDAGRI through the General Directorate of Agrarian Property and Rural Cadastre (DIGESPACR), it, it is required to strengthen the mechanisms to continue promoting the process of formalization of individual and collective land rights, according to its competence. – page 84

45.

Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.

Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts.

Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning (Action Indicator). – page 85

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

88.

Action: Promote regulatory modifications that guarantee suitable reparation mechanisms, in accordance with international standards.

Background: Establish mechanisms or commissions for the review of legislative frameworks and judicial and extrajudicial mechanisms, in line with the recommendations issued in the OHCHR Project on Access to Redress (A/HRC/32/19/Add.1, A/HRC/38/20/Add.1 and A/HRC/38/20/Add.1).

Indicator: Creation and Implementation of space for intersectoral sectoral coordination for the reviewing of legislative frameworks and judicial and extrajudicial mechanisms (Action Indicator). – page 120

Objective 2: Strengthen the judicial and extrajudicial systems to redress human rights violations in the corporate sphere.

94.

Action: Produce and disseminate international standards on business and human rights through informative materials on judicial redress to strengthen the mechanisms for sanctioning and investigating human rights violations caused by business activities, aimed at judges, prosecutors, jurisdictional and fiscal assistance personnel.

Background: In order to provide accessible and useful tools that will enable judges, prosecutors, and judicial and prosecutorial staff to strengthen their work on reparations in the area of business activities, it is important to produce and disseminate informative guides and other similar documents that facilitate the application of international standards in judicial and prosecutorial work.

95.

Action: To disseminate judicial and extrajudicial mechanisms for the protection of human rights in business activities.

Background: To make visible and disseminate the existing tools in the national legal framework and the experiences in terms of reparation in cases involving corporate responsibility for adverse impacts on human rights, including aspects such as the burden of proof.

Indicator: Report on activities for the dissemination of judicial and extrajudicial mechanisms implemented. – page 124

3.2. Conclusions of the specific issues

Human rights defenders

According to the MINJUSDH registry, situations of violation of the rights of human rights defenders are due to economic informality, the lack of legal security in the titling of communal lands, the resulting land trafficking, and criminality associated with illegal mining and illegal logging, and drug trafficking. However, the civil society database identifies violations in both formal and informal activities, also within the context of socio-environmental conflicts. – page 47

Mining

Mining is one of the most important economic activities in the country and, in recent years, due diligence mechanisms have been widely adopted for the formal mining sector. Progress has been made in the negotiation of land transactions due to the dialogue mechanisms and, therefore, it is essential to strengthening them considering the land-use planning policy. In addition, the prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities. Progress has also been made in social conflict prevention mechanisms, although the creation and implementation of a national prevention system is still pending. – page 50

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

38.

Action: Execute training actions aimed at GORES officials on the guidelines of the procedure for the formalization of individual and collective land rights.

Background: The process of formalizing individual and collective land rights needs to be strengthened. To this end, it is necessary that MIDAGRI, through DIGESPACR, implement training actions aimed at GORES officials on the guidelines of
the formalization procedure under the approach of individual and collective human rights over land.

Indicator: GORES officials trained in the guidelines of the procedure for the formalization of individual and collective land rights. – page 82

43.

Action: Promote the reduction of the land titling gap of rural properties, and of peasant and native communities at the level of the GORES.

Background: The execution of the procedures for the Titling of rural properties, peasant communities, and native communities is the exclusive competence of the GORES and the steering role is exercised by the MIDAGRI through the General Directorate of Agrarian Property and Rural Cadastre (DIGESPACR), it, it is required to strengthen the mechanisms to continue promoting the process of formalization of individual and collective land rights, according to its competence.

Indicator: Number of rural property titles registered, promoted by MIDAGRI. – page 84

45.

Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.

Background:  The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.

Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85

It is also noteworthy that Peru has taken significant steps to implement due diligence standards. In this regard, in 2018 it adhered to the OECD Council Recommendation on Due Diligence Guidance for a RBC, which adds to previous accessions to the Council Recommendations on Due Diligence Guidance for the mining sector in 2011 and the textile and footwear sector in 2017.

In particular, the Due Diligence Guidance for a Responsible Business Conduct, published in 2018, in addition to having been agreed by governments, trade unions, companies, and civil society, seeks to promote a consensus on due diligence and also to help companies implement the due diligence recommendations contained in the Guiding Principles. – page 8

CHAPTER I: PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS

Under the OECD Guidelines, the Peruvian NCP is tasked with promoting the Guidelines and related Due Diligence Guidance and handling cases related to potential non-compliance with the Guidelines by a multinational enterprise, through a non-judicial process of mediation and conciliation between the company and the affected parties referred to as “specific instances” (OECD, 2020b, p. 22). – page 12

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU

Confiep has developed recommendations on the implementation of risk-based due diligence that targets these differentiated processes according to the size and activities of the company. These recommendations refer to the Due Diligence Guidance for a RBC (OECD, 2018) and follow the OECD framework for due diligence, although they are still challenged to include measures regarding remediation mechanisms (cf. OECD, 2020b, p. 23). – page 32

Private sector initiatives have also aimed at shifting towards risk-based approaches to RBC. In this context, mention should be made of the United Nations Global Compact in Peru, whose technical secretariat is provided by Confiep.16 Likewise, bilateral Chambers of Commerce -such as the Spanish Chamber of Commerce and the Nordic Chamber of Commerce- have provided specific support to promote the adoption of RBC practices by Peruvian companies through promotional events on due diligence (OECD, 2020b, p. 23). – page 33

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS

3.1. General conclusions of the diagnosis and baseline

The State has established frameworks that protect human rights and that directly and indirectly encourage the adoption of business and human rights standards and RBC. However, the effective application of these provisions still presents important challenges that transcend the regulatory sphere, such as that advances in the regulation are implemented in an increasingly uniform manner and all business sectors so that due diligence is progressively and sustainably a practice exercised by the majority of companies. A survey applied by the OECD in the present process to identify the progress of the business sector in the implementation of due diligence mechanisms shows that several companies have developed a human rights policy, but that there is still a long way to go in the implementation in practice of due diligence processes in the universe of companies surveyed. – page 39

In general, both the State and the business sector have shown a firm commitment to incorporate into their activities the postulates of the Guiding Principles and other instruments promoted by the RBC through due diligence. However, these advances, mainly in the regulatory sphere, have yet to be clearly reflected in practice, which is associated with cross-cutting problems of various kinds. – page 40

3.2. Conclusions of the specific issues

Training needs

(…) there is still a need for training on corporate due diligence, both in business activities and supply chains. Likewise, there is an acceptable level of knowledge on the Guiding Principles, but this needs to be reinforced for the remediation pillar.

Due diligence mechanisms

The findings of the diagnostics show across the board that an important aspect that needs to be incorporated in companies is the adoption of due diligence measures. The OECD (2021) survey22 reports that 43% of respondents require all first-tier suppliers and business partners to meet RBC expectations as part of a contract or agreement. 42% claim to always adopt an enhanced due diligence process when risks are identified in the supply chain and 25% conduct risk assessments beyond Tier 1 in the supply chain or on their products, raw materials, or services.

In this sense, the survey identifies significant progress in the installation of a culture of business and human rights, RBC, and due diligence actions within companies, but at the same time, just over 50% do not apply due diligence processes to risks in the supply chain. This shows the need for a strategic articulation between the State, civil society, and the business sector so that an increasing number of companies incorporate these measures into their activities, as well as strengthen their practical application. In this regard, 57% mentioned the need to receive training on due diligence tools, so that training and advisory services are needed in this area to enable their practical implementation at the operational level.  – page 42

Women

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. – page 45

Indigenous peoples and prior consultation

(…) With respect to other matters related to indigenous or native peoples, business associations have made progress with respect to corporate due diligence on human rights, with a clear intercultural approach, such as mechanisms for complaints and social claims in accordance with the Guiding Principles, which provide for reporting on the rules of due diligence and respect for human rights to external stakeholders and disseminate it among their contractors. However, public policy does not provide sufficient information on compliance. – page 49

Mining

Mining is one of the most important economic activities in the country and, in recent years, due diligence mechanisms have been widely adopted for the formal mining sector. Progress has been made in the negotiation of land transactions due to the dialogue mechanisms and, therefore, it is essential to strengthening them considering the land-use planning policy. In addition, the prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities. Progress has also been made in social conflict prevention mechanisms, although the creation and implementation of a national prevention system is still pending.

The distrust of certain sectors towards mining activity merits a public policy that considers actions to monitor the progress of the business sector in the implementation of due diligence mechanisms, as well as transparency, training and multi-stakeholder dialogue, and greater dissemination of progress. On the other hand, Peruvian legislation has made progress in dealing with environmental mining liabilities; however, problems persist in rehabilitating environmental liabilities generated by informal and illegal activity. Complaints of heavy metal contamination deserve timely attention, a good example being the work of the Temporary Multisectoral Commission on the matter. – page 50

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

30.

Action: Evaluate, taking into account the progress achieved through the NAP in strengthening public policy on GP-RBC, a regulatory proposal on due diligence in the business sector.

Background: In order to progressively strengthen the public policy on Business and Human Rights, based on the incorporation of the RP and other international standards in national public policies, it is convenient to evaluate the relevance of a specific regulation of legal rank that regulates corporate due diligence, the same that has been adopted in other European and Latin American countries. This evaluation should take into account the progress made in the incorporation of standards through the NAP.

Indicator: Assessment report on a regulatory proposal on due diligence in the corporate sector (Action Indicator). – page 77

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

67.

Action: Create and implement, within the General Directorate of Human Rights, a program to provide technical assistance to the business sector, both private and public, in the implementation of due diligence mechanisms for GP- RBC.

Background: In order to promote the implementation of due diligence mechanisms for the GP- RBC and other international standards, MINJUSDH will create and implement a technical assistance program for the business sector, both private and public sector, large, medium, small and micro enterprises, according to international standards, the current national and international regulatory framework and good practices in Peru and other countries that can be replicated in the Peruvian context, taking into account, if necessary, the context of the health emergency due to Covid-19.

Indicator: A program created and implemented, and annual progress report (Action Indicator). – page 105

68.

Action: Produce, in coordination with the business sector, organized civil society, the competent state sector, indigenous peoples, and trade unions, specific guides for the business sector for the implementation of due diligence mechanisms.

Background: With the purpose of implementing the principles of the GP-RBC, and adapted to specific business sectors, the MINJUSDH will produce specific guides for special protection groups and issues prioritized in the diagnosis and baseline and others to be prioritized, in order to implement due diligence mechanisms.

Indicator: Follow-up reports on the implementation of the guides (Action Indicator). – page 107

69.

Action: Produce, in coordination with the business sector, organized civil society and the competent state sector, a guide aimed at the micro and small business sector to promote their formalization and, progressively, a culture of due diligence.

Background: The guide will specifically address the principles of GP-RBC in order to promote the formalization of micro and small enterprises and progressively implement a culture of due diligence, taking into account their peculiarities. The guide will be developed with the business sector and civil society, and its implementation and follow-up will be promoted.

Indicator: Due diligence guide for micro and small companies prepared, presented, and implemented. Follow-up reports on the implementation of the guide (Action Indicator). – page 107

73.

Action: Incorporate due diligence mechanisms to guarantee a human rights approach in the activities of the business sector, specifically in consumer relations and advertising.

Background: The activities carried out by the business sector, specifically, consumer relations and advertising must take into account the human rights approach, with special emphasis on groups in need of special protection.

Indicator: Guidelines for suppliers, incorporating recommendations related to due diligence in respecting equality and non- discrimination in consumption and/or advertising (Action Indicator). – page 109

80.

Action: Formulate and implement a guideline for the implementation of due diligence management mechanisms for the RBC, aimed at public companies.

Background: In order to guarantee the implementation of the GP-RBC approach in SOEs, and specifically, of operational due diligence mechanisms, it is necessary that FONAFE, in accordance with its steering role, and with the support of MINJUSDH and other competent bodies, formulate and disseminate guidelines for the incorporation of the aforementioned approach and due diligence mechanisms in SOEs.

Indicator: Policy formulation by portfolios (Action Indicator). – page 114

81.

Action: Formulate and implement a follow- up, monitoring, and evaluation mechanism for the implementation of due diligence mechanisms in public companies.

Background: In order to strengthen the implementation of due diligence mechanisms in SOEs, FONAFE Corporation should also implement a follow-up, monitoring, and evaluation mechanism for the implementation of due diligence mechanisms in order to strengthen its oversight of SOEs.

Indicator: Mechanism for follow-up, monitoring, and evaluation of the implementation of due diligence mechanisms in public companies (Action Indicator). – page 115

83.

Action: Adopt due diligence measures to avoid actual and potential risks of violations to the safety and health of workers.

Background: Adopt due diligence measures to ensure the prevention of situations of violation of the safety and health of workers in business activities that include risk map, index of hazards and risks), documents (internal regulations, records), or institutions (OSH committee) in the company.

Indicator: Number of members of the Occupational Health and Safety Committee in the companies (Action Indicator). – page 116

84.

Action: Provide information and raise awareness on collective labor rights due diligence throughout the supply chain.

Background: There is a need to provide information and raise awareness on the adoption of due diligence measures for the respect of collective labor rights throughout the supply chain. This information should include small and medium-sized enterprises, as well as the context of the Covid-19 pandemic.

Indicator: Information booklet on due diligence measures for respecting collective labor rights throughout the supply chain (Action Indicator). – page 117

86.

Action: Provide technical advice on the implementation of due diligence mechanisms within the framework of GP-RBC, with a focus on occupational safety and health.

Background: In order to promote the implementation of GP-RBC due diligence mechanisms, the MINJUSDH will provide technical assistance to the business sector according to international standards, the national and international regulatory framework in force, and good practices in Peru and other countries that can be replicated in the Peruvian context on issues of due diligence in occupational safety and health.

Indicator: Number of orientations provided (Action Indicator). – page 118

Objective 2: Establish mechanisms for companies to report on their human rights due diligence processes.

87.

Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.

Background: In order to follow up and monitor the implementation of due diligence mechanisms by the business sector, MINJUSDH will progressively create and implement a state mechanism to receive voluntary reports from the business sector reflecting progress in this task.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms (Action Indicator). – page 124

Objective 3: Create and strengthen mechanisms at the operational level by companies to redress human rights violations in the corporate sphere.

96.

Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector.

Background: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms.  – page 125

97.

Action: Produce, in coordination with the business sector, organized civil society, the competent state sector, indigenous or native peoples, Andean and Amazonian peoples, and trade unions, specific guidelines for the business sector for the implementation of due diligence mechanisms that provide comprehensive reparation.

Background: In order to reflect the principles of PR-CER, and adapted to specific business sectors, MINJUSDH will produce specific guides for the groups of species and issues prioritized in the diagnosis and baseline and others to be prioritized, in order to implement due diligence mechanisms.

Indicator: Preparation and public presentation of the guides. – page 125

3.2. Conclusions of the specific issues

Foreign migrants

Social integration processes require the adoption of structural measures such as identification, access to work, education, among others, in order to allow social mobility. Progress has been identified in the area of migratory regularization; thus, in 2020, a regularization measure was adopted for foreigners in irregular conditions that would ensure regular permanence. It is necessary to address the remaining difficulties in the management of the response of the refugee and migration system.

It is important to highlight the political will of the State, also within the framework of the NAP, to adopt measures against discrimination and xenophobia; the limitations on the hiring of migrant workers and their consequent access to decent work; the need to provide migrants and companies with complete information on their rights and identification documents, as well as efficient complaint mechanisms, in line with the recommendations of the Committee on Migrant Workers. There is also the challenge of strengthening judicial mechanisms, especially when conditions of regularity are not met. – page 48

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

24.

Action: Promote awareness of the identification documents of migrants, refugees, and refugee claimants, in order to ensure respect for their rights and access to labor information.

Background: It is required that the identification documents issued by the State to migrants, refugee claimants and refugees, be recognized by all entities, to allow foreigners to access procedures before State entities in order to facilitate their access to decent work and their rights.

Indicator: Information material on the rights and duties of migrants and their socioeconomic integration process aimed at companies and foreigners; Number of companies receiving information sessions on identification documents for migrants, refugee claimants and refugees, rights, recruitment, and socioeconomic integration of migrants in the country; Labor recruitment of migrant workers information booklet; Number of migrants, asylum seekers, and refugees trained in labor and social security matters  (Action Indicators). – page 72

25.

Action: Ensuring fair access to employment for foreigners.

Background: For migrants whose countries of origin do not have an agreement with our country, Legislative Decree No. 689 applies to them, which, in Article 4, establishes that national and foreign companies may only hire foreign personnel in a proportion that does not exceed 20% of the total number of workers. This limits the possibilities of hiring, especially in micro and small companies, which have a smaller number of workers.

Indicator: Intersectoral technical report that includes the evaluation of the relevance of modifying the limit for hiring foreigners for MSEs. – page 75

31.

Action: Promote the ratification and implementation of international agreements related to migrant workers.

Background: This requires a specific evaluation of ILO Convention No. 97 on migrant workers; Convention No. 118 on equal treatment of nationals and foreigners in matters of social security; Convention No. 143 on migrant workers, analyzing their relevance and contribution, as well as whether they are in harmony with other national legislation, which will be considered in the Technical Report.

Indicator: An intersectoral technical report evaluating the relevance and contribution of Convention No. 97, concerning migrant workers, prepared by the Ministries concerned; An Intersectoral technical report evaluating the relevance and contribution of Convention No. 143 on migrant workers, prepared by the Ministries concerned. – page 78

54.

Action: Promote the rights and non-discrimination of foreign migrants by companies.

Background: Companies have an important role to play in respecting the human rights of migrants, so it is necessary to avoid situations of discrimination or stigmatization in the workplace, which could prevent access to work because of their origin.

Indicator: CONACOD’s work program to strengthen the complaint system and dissemination of this anti- discrimination mechanism.– page 91

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

72.

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 108

Under the OECD Guidelines, the Peruvian NCP is tasked with promoting the Guidelines and related Due Diligence Guidance and handling cases related to potential non-compliance with the Guidelines by a multinational enterprise, through a non-judicial process of mediation and conciliation between the company and the affected parties referred to as “specific instances” (OECD, 2020b, p. 22). – page 12

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Judicial and extrajudicial reparation mechanisms

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. The importance of this lies in the fact that the reparation of human rights violations can have a dissuasive effect on the repetition of similar situations. – page 51

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

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

88.

Action: Promote regulatory modifications that guarantee suitable reparation mechanisms, in accordance with international standards.

Background: Establish mechanisms or commissions for the review of legislative frameworks and judicial and extrajudicial mechanisms, in line with the recommendations issued in the OHCHR Project on Access to Redress (A/HRC/32/19/Add.1, A/HRC/38/20/Add.1 and A/HRC/38/20/Add.1).

Indicator: Creation and Implementation of space for intersectoral sectoral coordination for
the reviewing of legislative frameworks and judicial and extrajudicial mechanisms. – page 120

90.

Action: Promote and encourage expeditious and accessible procedures for the redress of persons directly affected
by serious acts of corruption or when their commission involves legal persons, incorporating the GP-RBC approach and, therefore, evaluating the inclusion of guarantees of non- repetition, apologies, and non-judicial mechanisms based on mediation.

Background: Peru has made significant progress focused on sanctions, through the incorporation of administrative liability of companies for corruption offenses, as well as the establishment of a legal framework to ensure that companies involved in corruption cases comply with the payment of civil reparations. Under the GP-RBC approach, it is important that these advances be complemented with activities that promote expeditious and accessible procedures for the reparation of those directly affected, as well as measures of non-repetition, apologies and mediation. In the latter case, it is important to take advantage of the framework of the National Contact Point.

Indicator: Number of activities to promote and encourage the aforementioned procedures.  – page 121

Objective 2: Strengthen the judicial and extrajudicial systems to redress human rights violations in the corporate sphere.

95.

Action: To disseminate judicial and extrajudicial mechanisms for the protection of human rights in business activities.

Background: To make visible and disseminate the existing tools in the national legal framework and the experiences in terms of reparation in cases involving corporate responsibility for adverse impacts on human rights, including aspects such as the burden of proof.

Indicator: Report on activities for the dissemination of judicial and extrajudicial mechanisms implemented. – page 124

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:

Disability perspective: evaluates social relations considering the needs and interests of people with disabilities; and considers disability as the product of the interaction between the sensory, physical, intellectual, or mental deficiencies of people and the different barriers imposed by society, addressing the multidimensional nature of the problem of exclusion and discrimination that affects them and committing the State and society to take measures to eliminate them, in order to ensure their full and effective participation in society, without discrimination and on equal terms. – page 16

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

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.25 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. In addition, there is not enough information on the labor supply for people with disabilities, which is a barrier to promoting job offers in accordance with their abilities and skills. The State has the duty to reduce the educational and training gaps of people with disabilities and to optimize their training conditions, in order to guarantee access to employability opportunities.

It is necessary that all companies follow those that already include in their human rights policy a reference to non-discrimination towards people with disabilities, also respecting international standards in this regard. Companies should implement communication and information mechanisms in formats accessible to people with disabilities. Access to employment should involve a selection process under equal conditions, equitable hiring, including the corresponding reasonable adjustments. It is also advisable to implement a support plan for workers who acquire a disability that includes early identification, facilitating reasonable adjustments to personnel who acquire a disability, and their reintegration into their jobs. The existence of sanctioning processes does not contemplate reparation mechanisms for human rights violations of persons with disabilities. – page 47

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.

9.

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

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

52.

Action: Raise awareness and promote the rights of persons with disabilities in the media.

Background: It is a tool to help the media and its professionals to create a responsible image of disability, respectful of diversity that favors awareness and social inclusion.

Indicator: Guide to facilitate the development and dissemination of content on disability in the media. – page 90

53.

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

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.

59.

Action: Ensure reasonable adjustments in access, environment, and work performance for people with disabilities.

Background: Reasonable adjustments facilitate access to and movement in the workplace for workers with disabilities, their work development, access to induction, training, and promotion programs in employment, under conditions of equality with other workers, and are therefore mandatory for employers in the public and private sectors.

Indicator: Number of inspections related to reasonable adjustments. – page 96

60.

Action: To guarantee equal access to work and work performance for people with disabilities.

Background: The MTPE, regional governments, and municipalities promote the adoption, by public and private employers, of good employment practices for persons with disabilities. Likewise, job training, updating, placement, and employment programs incorporate in their design, components, strategies, or specialized methodologies to adapt the provision of their services to the needs and characteristics of the various types of disabilities, in order to optimize their effectiveness.

Indicator: Number of job openings for people with disabilities; Number of private companies that hire people with disabilities; Technical guide for the labor inclusion of people with disabilities.  – page 98

Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities

72.

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

In addition to the general recommendations of international human rights bodies, in 2017 the Working Group on the issue of human rights and transnational corporations and other business enterprises of the United Nations (UN) visited the country. This recognized the political will of the Peruvian government to implement the Guiding Principles and warned of the benefits of the development of a NAP on the subject for greater coherence in public policies, as well as for the protection and guarantee of human rights. – page 8

the State adopted the third National Human Rights Plan (PNDH) 2018-2021, which incorporated in Strategic Guideline No. 5 the implementation of international standards on business and human rights, with the objective of: “Ensuring that public and private companies res- pect human rights in their scope of action”. In accordance with the current regulatory and public policy framework, the Executive Branch then proposed to promote the progressive implementation of the Guiding Principles and other related international instruments, through the elaboration of a NAP on Business and Human Rights. Thus, the incorporation of the NAP as a public policy objective within the NHRP 2018-2021 welcomes the recommendations provided by the Working Group on the issue of human rights and transnational corporations and other business enterprises during its visit, conveyed during the Universal Periodic Review (UPR) and by other international human rights protection bodies. – page 9

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS

3.1. General conclusions of the diagnosis and baseline

One of the main tasks to be carried out by the State through the implementation of the NAP -but in general, of all its public policies, in line with the fulfillment of its duty of coherence- is to contribute to the strengthening of its entities through regulatory improvements that ensure their proper functioning, strengthening the capacities of its managers and members, ensuring their equal participation in the implementation, follow-up, monitoring, and evaluation of public policy on business and human rights and RBCs, with emphasis on empowering the leadership of women and members of other vulnerable groups. – page 41

Transparency, integrity, and fight against corruption

In recent years, the conviction has been established that corruption cuts across different areas and has a direct and unacceptable impact on human rights. For this reason, the State has signed the main treaties on the subject, which it has been implementing in its internal regulations through a Natio- nal Policy and a National Integrity and Anti-Corruption Plan. – page 43

Child Labor

It is necessary to strengthen the dissemination of the problem and the scope of the prevention and eradication of forced labor, as well as the implementation of the national policy that contributes to address this public problem (III National Plan to Combat Forced Labor 2019-2022), in charge of the MTPE.  – page 45

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

It should be noted that the PNA 2021-2025 is approved in implementation of Guideline No. 5 of the National Human Rights Plan 2018-2021, whose validity ends in December of this year. In this regard, in accordance with the regulations of the National Planning System, the NAP will be integrated as part of the future National Human Rights Policy 2022-2030, whose elaboration process in accordan- ce with its stewardship, is also in charge of the General Directorate of Human Rights. –  page 55

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

 17.

Action: Promote capacity building on GP-RBC between the Ombudsman’s Office, the National Contact Point, and other national agencies.

Background: In order to strengthen the coherence of public policies in the area of GP-RBC, it is important to generate the articulation of different public entities. In this sense, the work of the National Contact Point would be strengthened through synergies with the Ombudsman’s Office and other additional agencies, which could also strengthen the fulfillment of its functions. – page 68

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

45.

Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.

Background: The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.

Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85

62.

Action: Guarantee equal access to work and work performance for LGBTI people.

Background: It is important to articulate collaborative actions that allow the progressive implementation of a culture of respect towards LGBTI people, which will have  a significant impact on the sustained reduction of discrimination in society and, in particular, in the field of business activities.

Indicator: Formulation of affirmative actions in favor of LGBTI persons to be incorporated into the Sectoral Plan for Non-Discrimination and Equal Opportunities in the Workplace. Target (2022): Sectoral plan for non-discrimination and equal opportunities of the MTPE that incorporates affirmative actions in favor of LGBTI people. – page 102

CHAPTER V: IMPLEMENTATION, MONITORING, EVALUATION, AND UPDATING OF THE NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS

5.3. Phases of implementation of the mechanism for the follow-up, evaluation, and updating of the NAP 2021-2025

Table 9. Phase I: Structure of the follow-up, evaluation, and updating mechanism

Definition of program and indicator data sheets: A matrix will be developed that identifies the recommendations of the UN System’s human rights mechanisms, including the UPR, the goals of the 2030 Agenda, as well as the recommendations of the OECD, the Inter-American System, and their linkage with the NAP indicators. – page 129

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.

According to figures from the Ministry of Production (2019), which takes as its source the Single Registry of Taxpayers of the National Superintendence of Customs and Tax Administration (Sunat), in 2019, micro, small and medium-sized enterprises (MSMEs) accounted for 99.6% of Peruvian companies and employed 59% of the employed EAP. Furthermore, in the 2015-2019 period, the number of formal micro and small enterprises (MSEs) increased at an average annual rate of 8.4%. However, a high percentage of informality persists, as 36.9% of MSEs are not registered with Sunat. Furthermore, according to estimates by ComexPeru (2020), using the INEI’s National Household Survey (Enaho), in 2019, MSEs recorded annual sales, which would be equivalent to 19.3% of GDP.

Given the relevance in Peru of MSMEs to guarantee human rights, according to international standards, specialized technical assistance for this sector of the economy is vital, “simplifying requirements […] and offering capacity-building opportunities” and to ensure, in alliance with companies, transnational associations, trade unions, civil society organizations, academia, and other stakeholders, for the respect of human rights in all phases of business supply chains (UN. Working Group on the issue of human rights and transnational corporations and other business enterprises, 2017, §§ 73-77). – page 35

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 No 3: The business sector is aware of and promotes the implementation of the guiding principles on business and human rights and other related international instruments in its activities and responsible business conduct.

13.

Action: Create and implement a permanent training program on GP-RBC and other international standards, from the Justice and Human Rights sector, with special emphasis on meeting the specific needs of the business sector, both private and public, by company size and industry.

Background: In order to guarantee a permanent state training and awareness-raising of the business sector, both private and public, the MINJUSDH will create and implement a training program on GP-RBC and other international standards that will address, in coordination with companies and business associations, their particular needs, with special emphasis and attention to micro and small enterprises. These training activities will take into account, to the extent necessary, the context of the sanitary emergency caused by Covid-19.

Indicator: Number of private and public companies trained in GP-RBC and other international standards, to the extent necessary, taking into account the emphasis on micro and small enterprises. – page 63

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

49.

Action: To prepare a study that includes an analysis and situational status of child labor in the informal sector.

Background: According to the OECD Study on Public Policies on Responsible Business Conduct, “child labor is still widespread in Peru and is a predominant phenomenon in the informal sector”. In line with the above, it can be stated that one of the main unattended sectors is in the informal sector, which requires the responsible entities to design a comprehensive strategy that goes beyond regulation and should include micro and small enterprises.

Indicator: Study of the analysis and situational status of child labor in the informal sector and production chains. – page 89

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 No. 2: Technical assistance to companies for the observance of human rights in their business activities

69.

Action: Produce, in coordination with the business sector, organized civil society and the competent state sector, a guide aimed at the micro and small business sector to promote their formalization and, progressively, a culture of due diligence.

Background: The guide will specifically address the principles of GP-RBC in order to promote the formalization of micro and small enterprises and progressively implement a culture of due diligence, taking into account their peculiarities. The guide will be developed with the business sector and civil society, and its implementation and follow-up will be promoted.

Indicator: Due diligence guide for micro and small companies prepared, presented, and implemented. Follow-up reports on the implementation of the guide. – page 107

84.

Action: Provide information and raise awareness on collective labor rights due diligence throughout the supply chain.

Background: There is a need to provide information and raise awareness on the adoption of due diligence measures for the respect of collective labor rights throughout the supply chain. This information should include small and medium-sized enterprises, as well as the context of the Covid-19 pandemic.

Indicator: Information booklet on due diligence measures for respecting collective labor rights throughout the supply chain. – page 117

A 2019 study prepared by Confiep (2019) with support from the ILO identified the good practices of the business sector in terms of human rights in Peru, based on information reported by 252 companies between 2016 and 2017. Regarding corporate commitments to human rights and other related policies, the sample evidenced the following: 5% stated their alignment with the Guiding Principles, 7% adopted human rights policies, 31% declared having human rights declarations, and 57% did not report specific information on human rights (Confiep, 2019, pp. 13-15). Regarding their corporate policies, those identified are related to labor rights (86%), supply chains or suppliers (75%), the environment (71%), and communities and local development (63%) (Confiep, 2019, pp. 18-19). Of the companies analyzed in the study, 63% reported having integrated management systems and 79% with risk management tools (Confiep, 2019, pp. 15-17), which contribute to due diligence. – page 32

Given the relevance in Peru of MSMEs to guarantee human rights, according to international standards, specialized technical assistance for this sector of the economy is vital, “simplifying requirements […] and offering capacity-building opportunities” and to ensure, in alliance with companies, transnational associations, trade unions, civil society organizations, academia, and other stakeholders, for the respect of human rights in all phases of business supply chains (UN. Working Group on the issue of human rights and transnational corporations and other business enterprises, 2017, §§ 73-77). – page 35

In terms of transparency and integrity, it is necessary to have specific trade union instruments on the implementation of integrity and anti-corruption policies in the value chains. In this regard, the initia- tive to adopt codes of ethics and the explicit anti-corruption commitment adopted by associations such as Confiep should be highlighted. – page 37

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Due diligence mechanisms

The findings of the diagnostics show across the board that an important aspect that needs to be incorporated in companies is the adoption of due diligence measures. The OECD (2021) survey22 reports that 43% of respondents require all first-tier suppliers and business partners to meet RBC ex- pectations as part of a contract or agreement. 42% claim to always adopt an enhanced due diligence process when risks are identified in the supply chain and 25% conduct risk assessments beyond Tier 1 in the supply chain or on their products, raw materials, or services.

In this sense, the survey identifies significant progress in the installation of a culture of business and human rights, RBC, and due diligence actions within companies, but at the same time, just over 50% do not apply due diligence processes to risks in the supply chain. This shows the need for a strategic articulation between the State, civil society, and the business sector so that an increasing number of companies incorporate these measures into their activities, as well as strengthen their practical application. – page 42

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

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: Informality, a widespread phenomenon in the country, is a wide area of human rights violations. The GP-RBC are an important opportunity to contribute to its reduction, as well as to promote the formalization of small, medium, and micro enterprises, including those that are part of the supply chains. 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.

Indicator: Report that, based on the assessment of the situation, identifies appropriate measures to contribute to formalization, prevent the State from contracting with companies that incur serious human rights violations, directly or through their supply chain; and promote that companies and their supply chains respect human rights. – page 71

82.

Action: Provide information and raise awareness on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice.

Background: Despite the international instruments on business and human rights, our country has not yet issued any specific regulation that includes mechanisms to require companies to ensure that their supply chains do not contract with companies that have been sanctioned for forced labor and/or worse forms of child labor. These mechanisms should also consider micro and small companies.

Indicator: Information booklet on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice.  – page 116

84.

Action: Provide information and raise awareness on collective labor rights due diligence throughout the supply chain.

Background: There is a need to provide information and raise awareness on the adoption of due diligence measures for the respect of collective labor rights throughout the supply chain. This information should include small and medium-sized enterprises, as well as the context of the Covid-19 pandemic.

Indicator: Information booklet on due diligence measures for respecting collective labor rights throughout the supply chain.  – page 117

1.3. Stages of the elaboration process

The NAP preparation process was divided into three stages: (i) convening of stakeholders; (ii) preparation of diagnosis and baseline; and (iii) preparation of actions, indicators, and goals. The beginning of one stage did not mean the definitive closure of the previous one; however, it is possible to define differentiated periods:

First stage: call for stakeholders

It was developed from January to August 2019. It was characterized by the identification and rappro- chement of stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies. In this way, all sectors involved in the issue of business and human rights were brought together. – page 23

1.4. Stakeholders that participated in the process

The NAP preparation process involved 132 stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies, all of which formed part of the Multi-Stakeholder Roundtable. – page 27

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. The State must evaluate, together with the union sector, the business sector, and other related stakeholders, the adoption of the most effective measures to address the causes of the current low level of unionization, in order to guarantee and promote these rights, the strengthening of unions and the social revaluation of their important role in a democratic country. It is also necessary for companies to implement due diligence mechanisms, which can also be accompanied by public policy. – page 44

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.

8.

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: In order to guarantee a permanent state training and awareness-raising effort for the general public, organized civil society, the business sector, indigenous peoples, Afro-Peruvian people, trade unions, and groups in special protection situations, the MINJUSDH shall create and implement a training program on GP-RBC that addresses, in coordination with the institutions representing these sectors and other competent state entities, their particular needs.

Indicator: Creation and implementation of the program, and annual progress report. – page 60

10.

Action: Promote a change in the culture of trade unions as defenders of human rights.

Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.

Indicator: Number of people trained in the area of trade union participation as human rights defenders, considering the business and human rights approach. – page 62

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

25.

Action: Ensuring fair access to employment for foreigners.

Background: For migrants whose countries of origin do not have an agreement with our country, Legislative Decree No. 689 applies to them, which, in Article 4, establishes that national and foreign companies may only hire foreign personnel in a proportion that does not exceed 20% of the total number of workers. This limits the possibilities of hiring, especially in micro and small companies, which have a smaller number of workers.

Indicator: Intersectoral technical report that includes the evaluation of the relevance of modifying the limit for hiring foreigners for MSEs. – page 75

Objective 2: Ratify international treaties on Human Rights, directly or indirectly related to business activities.

31.

Action: Promote the ratification and implementation of international agreements related to migrant workers.

Background: This requires a specific evaluation of ILO Convention No. 97 on migrant workers; Convention No. 118 on equal treatment of nationals and foreigners in matters of social security; Convention No. 143 on migrant workers, analyzing their relevance and contribution, as well as whether they are in harmony with other national legislation, which will be considered in the Technical Report.

Indicator: An intersectoral technical report evaluating the relevance and contribution of Convention No. 97, concerning migrant workers, prepared by the Ministries concerned. – page 78

83.

Action: Adopt due diligence measures to avoid actual and potential risks of violations to the safety and health of workers.

Background: Adopt due diligence measures to ensure the prevention of situations of violation of the safety and health of workers in business activities that include risk map, index of hazards and risks), documents (internal regulations, records), or institutions (OSH committee) in the company. These measures should be produced considering the context of the Covid-19 pandemic.

Indicator: Increase workers’ insurance against occupational hazards (Action Indicator) – page 116

85.

Action: Adopt measures to avoid real and potential risks to the safety and health of workers.

Background: It is necessary to intensify the work being carried out in the area of inspection, in order to prevent risks to the safety and health of workers, taking into account, if necessary, the context of the health emergency caused by Covid-19.

Indicator: Number of training sessions and/or orientations in the area of occupational health and safety. – page 117

87.

Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.

Background: This follow-up and monitoring mechanism will be formulated in coordination with the business sector, with the participation of the state, trade unions, indigenous or native peoples, and civil society sectors; furthermore, the reports will be received voluntarily, at the times and with the contents contemplated in its respective regulations.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 119

Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.

Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.

91.

Action: To guarantee mechanisms for redress in the event of violation of the rights of children and adolescent workers in business activities.

Background: Both administrative and criminal liability are focused on sanctioning offenders, in the absence of expeditious and accessible procedures for the redress and rehabilitation of victims of child and hazardous labor.

Indicator: Strategy for the comprehensive care of children and adolescents identified as hazardous child laborers. – page 122

96.

Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector.

Background: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 125