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Peru – Supply chains

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU 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…

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Peru – SMEs

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU 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…

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Peru – Security sector

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS 3.2. Conclusions of the specific issues Private security Although there are no binding international instruments that support State obligations in the area of private security and human rights, a series of soft law standards have been identified: the Montreaux Document, the International Code of Conduct for Private Security…

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Peru – Person with disabilities

CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS 1.2. Methodology: Peer-to-peer dialogue as the basis of the NAP Management by results favors that the NAP complies with the requirement of mainstreaming the human rights approach and its complementary approaches (Minjusdh, 2019), which are the following: Disability perspective:…

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Peru – OECD NCP

CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS In 2009, as part of its adherence to the OECD Guidelines for Multinational Enterprises, the government established a National Contact Point (NCP) for RBCs, located in Peru’s Private Investment Promotion Agency (Proinversión). Under the OECD Guidelines, the Peruvian NCP…

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Peru – Migrant workers

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS 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…

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Peru – Land

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS 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…

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Peru – Judicial remedy

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS 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…

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Peru – Indigenous People

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

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Peru – Human Rights Due Diligence

INTRODUCTION 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…

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Peru – Human rights defenders and whistleblowers

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…

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Peru – Guidance to business

INTRODUCTION 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…

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Peru – Gender and women’s rights

CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS 1.2. Methodology: Peer-to-peer dialogue as the basis of the NAP Management by results favors that the NAP complies with the requirement of mainstreaming the human rights approach and its complementary approaches (Minjusdh, 2019), which are the following: Gender approach:…

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Peru – Freedom of association

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…

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Peru – Forced labour and modern slavery

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS Child labor 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…

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Peru – Extractives sector

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU   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…

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Peru – Equality & non-discrimination

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS 3.2. Conclusions of the specific issues Women There is historical structural discrimination against women that generates various violations in the access to rights such as freedom from violence, sexual and reproductive health, participation in decision-making spaces, and violations in social and economic rights. The Peruvian State has been…

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Peru – Environment & Climate Change

CHAPTER II: THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU 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…

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Peru – Corporate law and corporate governance

CHAPTER II THE BUSINESS AND HUMAN RIGHTS SITUATION IN PERU Some specific sectors have adopted RBC approaches to a greater extent, such as mining, hydrocarbons, energy, and agriculture. In 2002, the SNMPE approved a Code of Conduct, which has been developed over the years with the incorporation of new principles in 2016 and 2018. Through…

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Peru – Children’s rights

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS 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…

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