Key developments since May 2005: Clearance was conducted of mines and
explosive fragments around 375 electricity towers. In April 2006, Peru and
Ecuador initiated clearance operations around the Chira river area, postponed
from 2005. Limited mine risk education was provided by a Peruvian
NGO. Reported casualties
increased in 2005.
Mine Ban Policy
The Republic of Peru signed the Mine Ban Treaty on 3 December 1997, ratified
on 17 June 1998 and became a State Party on 1 March 1999.
A number of provisions in Peru’s criminal code apply to possession and
trade of weapons, such as antipersonnel landmines, and include criminal
sanctions, but there is no specific legislation in place to implement the Mine
Ban Treaty.[1] On 27 October 2005,
Contraminas, the Peruvian Center for Mine Action, organized a workshop on mine
action that supported the need for national implementation legislation for the
Mine Ban Treaty.[2]
On 1 May 2006, Peru submitted its seventh Article 7 transparency report,
covering the period March 2005 to March 2006. It included voluntary Form J on
victim
assistance.[3]
Peru attended the Sixth Meeting of States Parties in Zagreb, Croatia in
November-December 2005, where it made a general statement and an intervention on
challenges it faces in victim assistance. Peru participated in the
intersessional Standing Committee meetings held in June 2005 and May 2006, where
it made presentations on mine clearance and victim assistance.
Peru has made few formal statements on key issues of interpretation and
implementation related to Articles 1, 2 and 3, concerning joint military
operations with non-States Parties, foreign stockpiling and transit of
antipersonnel mines, antivehicle mines with sensitive fuzes and antihandling
devices, and the permissible number of mines retained for training purposes.
However, it has been generally sympathetic to ICBL views on these matters, and
as co-chair of the Standing Committee on General Status and Operation of the
Convention in 2002-2003, strove to encourage dialogue and common
understandings.[4]
Peru is a State Party to the Convention on Conventional Weapons (CCW) and its
Amended Protocol II on landmines. It attended the Seventh Annual Conference of
States Parties to the protocol on 23 November 2005. It submitted an Amended
Protocol II Article 13 report on 3 February 2006.
Production, Transfer, Use and Stockpiling
Peru is a former producer of antipersonnel
mines.[5] The
Ministry of Defense has stated that Peru never exported antipersonnel
mines.[6] Peru
used antipersonnel landmines to protect electricity towers and public
infrastructure during and after the internal conflict of 1980-1992 with
guerrillas of the Shining Path (Sendero Luminoso) and the Tupac Amaru
Revolutionary Movement (Movimiento Revolucionario Túpac Amaru,
MRTA).[7]
Landmine Monitor received one report of use of a landmine in this reporting
period. On 23 July 2005, armed assailants reportedly used a landmine to blow up
a vehicle in the community of Yarajanca, in Tocache province, San Martín
department, in central Peru. The National Police chief blamed Shining
Path.[8] The
Ministry of the Interior subsequently informed Landmine Monitor that the device
was “a booby trap activated by electricity
contact.”[9]
From 1999 to December 2001, Peru destroyed its stockpile of 338,356
antipersonnel
mines.[10] In
its May 2006 Article 7 report, Peru stated that it has retained 4,012
antipersonnel mines for training, 12 fewer mines than reported in May
2005.[11] The government did not
explicitly explain the change in the Article 7 report; however, a Contraminas
official confirmed to Landmine Monitor that the mines had been destroyed during
training of the Peruvian National
Police.[12]
A military official told Landmine Monitor that mines are held by different
Combat Engineer Units of the Army for use in “show and teach”
instruction on the safe storage and transportation of mines, so the mines are
not usually destroyed during
training.[13] Peru has not yet reported in any detail on the intended purposes and
actual uses of its retained mines―a step agreed by States Parties in the
Nairobi Action Plan that emerged from the First Review Conference in
November-December 2004. Peru did not use the new expanded Form D for reporting
on retained mines agreed by States Parties at the Sixth Meeting of States
Parties in November-December 2005.
Landmine and ERW Problem
Peru is affected by landmines and explosive remnants of war (ERW). The
landmine problem in Peru is located in two areas, on the border with Ecuador and
around infrastructure (primarily high-tension electricity towers, but also
penitentiaries and other state installations) in the inland territory of the
Pacific coast and Andean highlands. Landmine Monitor has also reported on the
possible existence of mines on the southern border with Chile, which were
thought to have been displaced from the Chilean to the Peruvian side as a result
of climatic conditions.[14] However, according to Contraminas, there are no mines on the Peruvian side
of the border. Some accidents have occurred to Peruvian nationals but only on
the Chilean side of the border.[15]
On the northern border with Ecuador, landmines were mostly laid in the
Cordillera del Cóndor area (Amazonas department) where brief but intense
military conflict took place in 1995, along 78 kilometers of the previously
unmarked border.[16] Peru estimates
that there are more than 30,000 landmines on the Cordillera del
Cóndor.[17] Peru’s
Article 7 reports identify the Santiago, Achiume and Cenepa rivers, as well as
the Tiwinza area, as suspected of being
mined.[18] According to the
Organization of American States (OAS), the Santiago river area is believed to
contain 1,500 mines.[19] Approximately 400,000 people are affected by mines; in particular, the
Huambisa and Aguaruna indigenous peoples are at high risk given that they use
jungle paths to reach their crop
sites.[20]
Landmines were also laid along the border with Ecuador in the departments of
Tumbes, Piura and Loreto.[21] Clearance operations were completed in Tumbes and Piura in
2003.[22] However, seven mines
remained in an area of 9,000 square meters near the Chira river, on either side
of the border (Piura department in Peru and Loja province in
Ecuador).[23] A joint
Peruvian-Ecuadorian team initiated clearance operations in the area in April
2006, which were expected to be completed in July
2006.[24]
Landmines were emplaced by the National Police between 1989 and 1993 to
protect electricity towers during the internal conflict with the Shining Path
and MRTA guerrillas, mainly in the departments of Ica, Huancavelica,
Junín and Lima.[25] Contraminas confirmed previous statements that 1,711 towers were
mined.[26] The UN Mine Action
Service (UNMAS) reported in 1999 that the Ministry of Energy estimated
approximately 20-40 mines were emplaced around each
tower.[27] This results in a total
of 36,000 to 76,000 mines.
Clearance was conducted at all electricity towers by the Industrial Services
of the Navy and the National Police in the early 2000s. However, these
operations did not comply with International Mine Action Standards (IMAS), and
subsequently there were a number of mine
incidents.[28] A particular problem
relates to unexploded fuzes (tren de encedido) of the DEXA mine, which still
litter areas where clearance operations were
conducted.[29] It was therefore
decided in 2004 that the National Police would conduct “quality
control” on the previously cleared areas around all 1,711 towers. In
March 2006, the Police reported that 1,336 of the towers remained mine-affected
despite previous clearance efforts.[30] Between March and June 2006, 210 towers were cleared, and Contraminas
reported that 1,126 towers still needed quality
assurance.[31]
In addition, the National Police laid 8,981 mines around three high-security
prisons. Also, 927 mines remain around a “public infrastructure” in
El Callao.[32] Peru’s Article
7 report of May 2006 indicated that two police stations in Huanuco department
are also surrounded by an unknown number of
mines.[33]
Peru reported to the Standing Committee meetings in May 2006 that a total of
50,000 mines are believed to remain in
Peru.[34] Mined areas around the
electricity towers have a bigger impact on the population than those on the
border with Ecuador, as measured by the number of casualties. (See
Landmine/ERW Casualties section in this report).
In May 2006 Peru also reported that there were “an unknown number of
items of unexploded and abandoned
ordnance.”[35] Contraminas
explained that the amount of ERW was not known but that it was certain that some
remained in the border area with Ecuador, as these are “an inherent
part” of any warfare.[36]
The possibility that there may be other mine/ERW-contaminated areas was
indicated by Peru’s statement in June 2005 that casualties have been
recorded in five departments, which are neither located on the border with
Ecuador nor have electricity towers passing through
them.[37] Contraminas explained in
June 2006 that these departments had been the scene of conflicts with the
guerillas, and most incidents were caused by unexploded ordnance
(UXO).[38]
Mine Action Program
The Peruvian Center for Mine Action (Centro Peruano de Acción contras
las Minas Antipersonal, Contraminas) was created by decree on 13 December 2002
and serves as the coordinating body for the landmine issue in Peru. It is
responsible for ensuring the implementation of the Mine Ban Treaty, mine action
planning and policy-making, including humanitarian demining, mine risk education
and victim assistance.
Contraminas has an executive committee, supported by a technical secretariat,
which is chaired by a representative of the Ministry of External Relations and
includes representatives of the ministries of defense, education, health,
interior, and the National Council for the Integration of Disabled Persons,
(Consejo Nacional Para la Integracion de la Persona car Discapacidad,
CONADIS).[39] The committee meets annually, usually in December, and holds additional
meetings when necessary.[40]
A further decree of 2 July 2005 clarified the roles and responsibilities of
Contraminas. According to the decree, Contraminas has to be kept fully informed
by both national and international actors on developments related to mine
action. It also envisions the opening of regional offices for humanitarian
demining.[41] Contraminas said that
the decree was intended to improve its operations and fundraising
capabilities.[42]
The OAS assists Peru in executing demining operations, fundraising for mine
action, training national personnel and providing technical support,
international monitoring, specialized equipment and insurance, based on the
agreement signed in May 2001. In May 2003, the Inter-American Defense Board
established a team of international monitors, the Mission of Assistance to Mine
Clearance in South America (Misión de Asistencia a la Remoción de
Minas en Sudamérica, MARMINAS) to support mine clearance in Ecuador and
Peru.[43] The team provides
technical advice to the OAS and monitors demining operations, equipment and
training. It certifies that methods used in demining are the most appropriate
and comply with IMAS. [44] In 2005,
two MARMINAS supervisors were based in Peru, and four in
2006.[45]
Contraminas operates version 3 of the Information Management System for Mine
Action (IMSMA); upgrade to version 4 was expected by the end of 2007. Installed
in 2001, the database includes the location of mine-affected electricity towers,
a registry of mine/UXO casualties, and information on healthcare services
provided to mine/UXO survivors.[46] Contraminas reported data on clearance operations conducted by the
National Police had not been entered into IMSMA, due to insufficient
personnel.[47]
Mine clearance operations conducted by the Peruvian Armed Forces follow the
Procedures for Humanitarian Demining in the Republic of Peru, drafted by
Contraminas in 2004, and the Technical Manual of the Army 7-250
‘Destruction of Explosive Ordnances’ drafted in 2002, which are both
based on IMAS.[48]
Strategic Planning and Progress
Peru developed a mine action strategic plan which sets goals for 2002-2006.
Little information on the content of the plan was provided to Landmine Monitor.
Contraminas said that it outlined Peru’s general goals for clearance of
the Cordillera del Cóndor border area with Ecuador and mined areas around
the electricity towers; no mention was made of mine risk education and victim
assistance objectives. A new strategic plan was said to be in preparation in
June 2006, which would focus on demining of the Cordillera del Cóndor; it
will not include demining of the towers as that has already been
planned.[49]
There are operational plans for clearance operations. In May 2005, a plan
for clearance of the Chira river was drafted jointly by the Peruvian and
Ecuadorian armies with OAS and MARMINAS
assistance.[50] Also in 2005 and as
part of a joint project with Ecuador, Contraminas drafted a plan for
humanitarian demining of the Cordillera del Cóndor area. A plan for the
humanitarian demining of the electricity towers was drafted jointly by the
National Police and Contraminas in 2004, which aimed to clear the 1,711 towers,
though without specifying the time span. In general, priorities were said to be
based on funding available, on the threat to the population and on
Ecuador’s own capabilities.[51] Priorities concerning which towers to clear first were set according to
where incidents have occurred and reports on the location of mines and
unexploded fuzes.[52]
Joint clearance operations with Ecuador in the Cordillera del Cóndor
were supposed to start in early 2005. However, they were delayed, ostensibly
because of delay in funding from the European Commission (EC) and because of a
lack of agreement between the two countries regarding fees related to the use of
an Ecuadorian helicopter; both countries reported that this issue was being
resolved as of June 2006.[53] Previous joint clearance operations were conducted in 2003 on two sites
near the Zarumilla river.[54] Both
countries emphasize that these joint operations represent mutual trust, in the
wider context of the Peace Agreement signed in
1998.[55]
According to the OAS grant proposal to the EC, activities for 2006 and 2007
include detecting, removing and destroying the 1,500 mines in the Santiago river
area, conducting an impact survey of the communities around the Cenepa and
Achuime rivers, and developing minefield-marking tasks in accordance with IMAS.
Mine risk education and victim assistance activities are also included in the
proposal. Clearance operations are expected to last until March
2007.[56]
Clearance operations or quality control of the electricity towers continued
in 2005-2006, and was due to be completed by the end of
2007.[57] Previously, at the First
Review Conference in November-December 2004, Peru had declared that these
operations would be completed by the end of
2005.[58] The delay was said to be
due to lack of agreement between the Ministry of Energy and Mines (on behalf of
the state electricity company) and the National Police, and late disbursement of
government funds. As a result, operations stopped from November 2004 to 2005
and from December 2005 to April 2006, when clearance
resumed.[59]
Peru also reported in May 2006 that clearance around prisons and police
stations was expected to start in 2007 when additional resources have been
mobilized.[60] The National
Penitentiary Institute stated in May 2005 that it had only recently been
informed that some penal centers were mined; it assured Landmine Monitor that
clearance of penal centers would be a priority, though Landmine Monitor has
received no updates on clearance activities
subsequently.[61]
Summary of Efforts to Comply with Article 5
Under Article 5 of the Mine Ban Treaty, Peru must destroy all antipersonnel
mines in mined areas under its jurisdiction or control as soon as possible, but
no later than 1 November 2009. However, in its Article 7 reports, Peru has
stated that the clearance program spans from 2002 to
2010.[62] The OAS document for the
EU funding of mine action in the Cordillera del Cóndor also refers to
Peru’s “objective of declaring its national territory free of
antipersonnel landmines in
2010.”[63] In previous years,
the OAS and the Peruvian Army had reported that it would take until 2010 to
declare the country “mine-safe” (as distinct from mine-free) due to
technical, climatic and geographic
difficulties.[64]
At the Standing Committee meetings in May 2006, Peru referred again to these
difficulties, and the need for “significant additional resources” in
order to meet the Article 5 deadline.[65] At the meetings, Peru told Landmine Monitor that “it will try to
achieve mine-free status by
2009.”[66]
Demining
Clearance of the northern border with Ecuador is the responsibility of the
Peruvian Armed Forces, with the support of the OAS and international supervision
and verification from MARMINAS. In 2005, 100 Army deminers in four units were
based in Bagua, Amazonas department, supported by MARMINAS
supervisors.[67]
Clearance of the high-tension electricity towers is the responsibility of the
electricity companies. A specialized unit of the National Police,
División de Seguridad Contraminas (DIVSECOM) and previously the
Industrial Services of the Navy have conducted clearance of the
towers.[68] In March 2006, DIVSECOM
had 77 members. It reported that it lacked funds to buy new protective
equipment.[69]
MARMINAS provided training and refresher courses on demining and first aid to
both the Army and DIVSECOM in
2005.[70]
Identification of Mined Areas: Surveys and Assessments
An impact survey at the source of the Santiago river, funded with OAS
contributions from 2004, was completed by May 2006, and the final report,
including an assessment of the logistics required for clearance, was in
preparation.[71]
Marking and Fencing
In February 2006, Landmine Monitor visited communities in Huancavelica
department, where clearance operations were conducted in 2002-2003 around
electricity towers. The fencing was seen to be in poor condition and partly
removed. Warning signs remained around most towers but some in the zones of
Chonta and Santa Inés in Castrovirreyna province had no warning
signs.[72] Contraminas claimed that
all towers that still required quality control were fenced and marked and that
these were regularly maintained.[73] Similar findings were made from visits to Junín and Huancavelica
departments in May-June
2005.[74]
Mine and ERW Clearance
No clearance operations took place on the border with Ecuador in 2005.
In 2005, quality control/clearance operations were conducted on 364
electricity towers in the departments of Lima and
Junín.[75] As of March 2006,
a further 11 were cleared, giving a total of 375 towers cleared; four mines and
801 items of UXO were destroyed.[76] However, DIVSECOM stated that between September and December 2005 three
mines and 1,010 UXO were removed from 375
towers.[77] Members of the
Association of Victims and Survivors of Landmines (Asociacion de Victimas y
Sobrevivientes de Campos Minados, AVISCAM) were allowed to observe clearance
operations around 325 of the towers.[78] When quality control is completed, a “mine-free certificate”
is issued and signed by the chief of DIVSECOM, the chief of the demining squad,
a supervisor of DIVSECOM and a representative of
Contraminas.[79]
Joint clearance operations with Ecuador started in Chira province on 17 April
2006. Initially scheduled to be completed by 31 May 2006, completion was
postponed to July because of a road accident affecting several Peruvian deminers
and the difficulties in progressing given the topography of the area. The two
first phases of three had been completed by mid-June
2006.[80]
No demining accidents occurred in 2005. On 18 March 2006, a DIVSECOM deminer
was injured during clearance operations at a tower in Yauli, Junín; the
mine was equipped with an antihandling device which
exploded.[81]
Mine Risk Education
In its May 2006 Article 7 report, Peru repeated information on a mine risk
education (MRE) project implemented in
2003.[82]
The Peruvian NGO, AVISCAM, provided basic MRE sessions on an ad hoc
basis to people and communities at risk. In February 2006, AVISCAM gave MRE
presentations in Huayucachi, Huancayo, Junín department, to workers
responsible for maintaining the high-tension electricity towers where quality
control and demining have not been completed. AVISCAM also gave a few MRE
presentations in July-December 2005 at towers where operations were underway,
but had to stop due to lack of personnel, funding and materials. The
electricity company requested AVISCAM to provide MRE in the remaining areas of
Huancayo province and in Lima
department.[83]
MRE is included in the EU-funded project Mine Action in the Condor Mountain
Range of Peru/Ecuador, due to start in
2006.[84]
Funding and Assistance
The US did not report contributing any mine action funding to Peru in 2005,
having concluded its funding through the OAS for the Peru/Ecuador joint
cross-border clearance project.[85] In September 2005, both the OAS and Contraminas reported concerns about
the impact of serious funding shortages on mine action in
Peru.[86]
On 30 December 2005, Peru and Ecuador concluded an agreement with the EU for
funding of €1 million ($1,244,900) for joint clearance of the Cordillera
del Cóndor region and for MRE.[87] The total cost of the project is €1,405,038 ($1,749,132), including
the €1 million provided by the EC.
[88] Peru has not identified how it
will contribute its portion of the remaining €405,038 ($504,232) of the
total project cost. However, the governments of Peru and Ecuador are
responsible for providing the project with in-kind contributions of demining
personnel and logistical
support.[89]
In June 2006, Italy announced an allocation for mine action in Peru in 2006
of €19,000 ($23,653), as part of a €100,000 ($124,490) funding
commitment to the
OAS.[90]
Landmine/ERW Casualties
In 2005, there was at least one new mine casualty and eight new ERW
casualties, resulting in four killed and five injured, including at least six
children. This is an increase compared to 2004, when no mine casualties were
reported, but at least five ERW casualties were
reported.[91]
On 23 January 2005, a nine-year-old boy was injured by explosive remnants of
an antipersonnel mine in the Jararanga-Piñascochas sector, Junín
department.[92] In February, a man
in Lima was injured after handling a fuze of a grenade found in the
garbage.[93] On 28 August, a boy
was injured by a mine in Huari-La
Oroya.[94] On 9 November, four
members of one family were killed and two were seriously injured when an
abandoned rocket they had stored in the house exploded; reportedly, the family
collected scrap metal to sell. Police found another rocket and five
fragmentation grenades in the house, which they presumed were found on the
ranges used by local military
brigades.[95]
Casualties continued to be reported in 2006, with five people killed and six
injured in one demining accident and three ERW incidents, including eight
children.[96]
In January, three children were seriously injured when a fragmentation
grenade they were playing with exploded near their house in Acos Vinchos,
province of Huamanga, department of Ayacucho; Police presumed the grenade came
from an ex-military base in the area.[97] In March, two girls were injured when handling a grenade in the shantytown
of Manchay, outside Lima; reportedly, their brother had found the grenade and
brought it home.[98] On 30 May,
five people were killed when tampering with a grenade in Tacalpo, Ayabaca
province, Piura
department.[99]
On 3 July 2006, a Peruvian man was injured by an antipersonnel mine in
Chilean territory while attempting to illegally cross the border near Chacalluta
airport in Arica, Chile.[100] The
man was treated in a Chilean hospital and another man accompanying him was taken
into custody by Chilean Police. Peru’s Ministry of Foreign Affairs stated
it “will continue to provide assistance to the Peruvian citizens as
needed, through the Consulate General of Peru in
Arica.”[101] This is the
first time that Peru has issued an official reaction to an incident in Chilean
minefields involving a Peruvian citizen.
Statistics on mine casualties are believed to be under-reported. Landmine
Monitor was informed of unregistered mine/UXO casualties during field visits in
May 2005. Reasons suggested for under-reporting include the lack of a formal
survey, fear of being labeled as a member or sympathizer of the Shining Path
insurgency, and fear of being threatened by the electricity company for
trespassing on private land.[102] Therefore, the total number of mine/UXO casualties in Peru is not
known
In June 2005, Peru presented information on a total of 376 mine/UXO
casualties between 1991 and January 2005 registered in the Contraminas IMSMA
database.[103] In November 2005,
Peru reported that there are approximately 302 mine casualties, excluding ERW
casualties.[104]
Nationwide data gathering started in 2002. Peru aims to verify and
consolidate the database, as the data collection process is not standardized.
Once verified, the information will be shared with all victim assistance actors
so that the needs of mine survivors are known. The oldest registered incident
was in 1991.
Contraminas stated in 2005 that it would conduct field visits to obtain
information on landmine survivors, as part of Peru’s commitment to the
Nairobi Action Plan, but by 2006 this has not started due to lack of resources;
Contraminas said that it would instead rely on information from the Army and the
Police.[105]
Survivor Assistance
At the First Review Conference in Nairobi, Peru was identified as one of 24
States Parties with significant numbers of mine survivors, and with “the
greatest responsibility to act, but also the greatest needs and expectations for
assistance” in providing adequate services for the care, rehabilitation
and reintegration of survivors.[106]
Peru prepared its 2005-2009 objectives for the Sixth Meeting of States
Parties in November-December 2005. The objectives include: develop a strategy
for direct assistance to all registered survivors by 2009; verify casualty data
(2006) and integrate it into a nationwide injury surveillance system by 2009;
facilitate access to medical care and rehabilitation by elaborating a database
of facilities and specialized staff working near mine-affected areas by 2006;
facilitate access to psychological support in cooperation with AVISCAM by 2006;
develop a strategy to link all registered landmine survivors to existing
economic reintegration programs, including training, employment and small
businesses; and facilitate cooperation between all actors implementing
activities in favor of landmine
survivors.[107]
At the Standing Committee meetings in May 2006, Peru presented progress in
achieving its 2005-2009 objectives, and included a victim assistance expert on
its delegation. Progress included: prioritization and improved coordination of
disability at certain government levels; improved accessibility for public
buildings and transport, and and accessibility guidelines; prioritization of
disabled people for administrative services; free disability certificates;
training on inclusive education; capacity building for people with disabilities;
and new projects to improve access to the labor market and increased
income.[108]
The Ministry of Women and Social Development takes the lead on disability
issues, including victim assistance, together with relevant ministries in the
Intersectoral Commission. However as of May 2006, the Commission had not
developed intersectoral policies to ensure the prioritization of assistance to
people with disabilities.[109]
The National Council for the Integration of Disabled Persons (CONADIS), a
decentralized body linked to the Ministry of Women and Social Development,
formulates policies for the protection and integration of people with
disabilities. CONADIS develops projects for the socioeconomic reintegration of
people with disabilities, promotes resource allocation to projects and
organizations, maintains the national registry, supervises disability
initiatives, administers fines for violations of disability legislation,
provides training and conducts
research.[110]
All public health centers reportedly have the capacity to provide first aid,
and state hospitals have the capacity to deal with trauma cases, but sometimes
there is a lack of specialized equipment and medication. The time it takes to
receive medical care can vary greatly depending on the location of the incident
and the availability of emergency
transport.[111] Based on field
visits by Landmine Monitor in June 2004 and May 2005, assistance available to
civilian mine casualties remains unchanged and facilities remain poor in rural
areas.[112]
The UN Special Rapporteur of the Commission on Human Rights stated there are
hardly any rehabilitation services and community-based mental health and support
services, and that there are great disparities in access to healthcare. The
centralized model is said to deny the ability of those in need to be treated
within their communities. The Special Rapporteur recommended that the
government enhance intersectoral coordination between ministries in the
development and implementation of policies and programs relating to health and
human rights.[113]
The Army and the Police provide medical assistance, physical rehabilitation,
prostheses and psychological support for their personnel injured by
landmines.
In the conflict-affected area of Upper Huallaga, the International Committee
of the Red Cross (ICRC) covered the cost of 81 conflict-injured or sick
civilians, including 15 injured by mines, UXO or bullets, and provided food to
62 civilians and household items to 58 civilians. It assisted the Peruvian Red
Cross Society in assessing emergency-response plans and introduced the Safer
Access approach to all 52 branches during a regional planning
workshop.[114]
The National Institute of Rehabilitation (Instituto Nacional de
Rehabilitacion, INR) provides an integrated program of assistance for mine
survivors and other people with disabilities including the fitting of
prostheses, physical and psychological rehabilitation, and economic
reintegration activities. However, the production of prostheses and orthoses
can only be done in the capital, limiting access and increasing the cost for
people with disabilities.[115] Reportedly, the Ministry of Health’s aim is to decentralize
available services.[116]
In 2005, the ICRC Special Fund for the Disabled visited the Dra. Adriana
Rebaza Flores Rehabilitation Center in Lima to evaluate its technical capacities
and needs. An assistance proposal was developed in 2006 for the benefit of
people with disabilities, particularly mine/UXO
survivors.[117]
Psychological support at INR is not free of charge and mine survivors cannot
obtain financial support for post-traumatic stress treatment. Military
personnel can obtain some financial coverage for these
services.[118] In May 2005, the
Ministry of Health reviewed hospital capacities in Junín and Lima
departments, and reported that awareness of mental health and psychosocial
rehabilitation was “just
starting.”[119]
Economic reintegration activities are provided by INR and other
organizations. INR conducted a pilot project to improve income levels for
people with moderate disabilities in El Callao, Lima. In 2005, the Ministry of
Labor and Social Promotion provided employment to 2,088 people with disabilities
and training to 1,205. CONADIS operates the Center for Technical and
Occupational Training in El Callao, and the Training of Business Persons
project. CONADIS aims to train people with disabilities according to labor
market demands and create partnerships with the private sector to employ them.
It also provides financing and supervision of micro-credit projects. In
cooperation with the Ministry of Women and Social Development, CONADIS provided
food aid to 10,391 people with
disabilities.[120]
Disability Policy and Practice
Peru has legislation and measures to protect the rights of people with
disabilities, including mine survivors; however, a lack of resources limits
their effectiveness.[121] People
with disabilities and their associations, such as AVISCAM, stated in the media,
“we do not have social assistance, there is no care given by the
hospitals, we cannot access basic services, and we ask that they give us a place
to work, that is what we really
need.”[122]
The State Integrated Health Insurance (Seguro Integral de Salud, SIS)
provides broad health coverage to young people and others in extreme poverty.
According to a Ministry of Health official, SIS provides complete treatment to
children, including some rehabilitation, while adults receive only emergency
treatment.[123] The SIS is seen
as a key strategy for improving access to care by removing economic barriers;
however it has inadequate coverage and funding. A significant proportion of
people living in poverty are not affiliated as SIS can only cover areas where
geographic access to healthcare is possible, which is not the case in many rural
areas.[124]
CONADIS and the Ministry of Women and Social Development stated in May 2006
that a regulation had been approved requiring that three percent of all jobs in
the public sector agencies be set aside for people with
disabilities.[125] According to
the Institute for Social Security, less than one percent of people with severe
disabilities were
employed.[126]
The National Police completed a census, which indicated that 832 disabled
staff, some injured during demining operations, received small pensions; 110
were officers, 656 were non-commissioned officers and 66 were specialists
including former deminers; 86 were injured during mine clearance
accidents.[127]
[1] Several initiatives have yet to
bear fruit. On 22 November 2004, Congressman Alcides Chamorro submitted a
legislative project (No. 11994-2004) that would sanction conduct prohibited by
the Mine Ban Treaty. As of June 2006, the Congress had still not taken action.
Justicia Viva, a project of the Instituto de Defensa Legal, has promoted the
legislation. See www.justiciavia.org.pe. Since 2002,
there has been an effort to reform the criminal code, including a new provision
with sanctions relating to landmines. [2] Ministerio de Relaciones
Exteriores del Peru (Ministry of Foreign Affairs), Comunicado de Prensa 562-05
(Press Release), “El Peru demuestra avances en la erradicación de
las minas antipersonal (Peru demonstrates advances in eradicating antipersonnel
mines),” 27 October 2005. [3] Previous reports were submitted
on 2 May 2005, 6 May 2004, April 2003 (no date specified), 16 May 2002, 4 May
2001 and 2 May 2000. [4] In May 2002, Peru made an
intervention with respect to Article 2 on the issue of antivehicle mines with
antihandling devices, in which it encouraged States Parties to evaluate their
positions taking into account humanitarian aspects, and to make an
“authentic interpretation” of the Mine Ban Treaty according to its
spirit as well as its letter. Intervention by Peru, Standing Committee on
General Status and Operation of the Convention, Geneva, 31 May 2002. Notes
taken by Landmine Monitor (MAC). [5] The Police produced the
“DEXA” mine until production facilities were closed in 1994, while
the Navy produced the “CICITEC” MG-MAP-304 and the
“CICITEC” MGP-30 mine until production facilities were closed in
1997. Article 7 Report, Form H, 2 May 2005; Article 7 Report, Forms E and H,
April 2003; International Committee of the Red Cross (ICRC), “Programa de
Sensibilización de los Peligros de las Minas Antipersonal,” Lima,
2002, p. 7. [6] Telephone interview with Gen.
Raúl O’Connor, Director, Information Office, Ministry of Defense,
19 April 2000. [7] It denies mine-laying during
the 1995 Cenepa border conflict with Ecuador. Article 7 Report, Form C, 6 May
2004. [8] For more information, see
Landmine Monitor Report 2005, p. 476. [9] Report No. 287-2006-IN/0105,
from Blanca Mayta García, Permanent Secretary, National Commission on
Human Rights, Ministry of the Interior, to Landmine Monitor Peru, 21 March 2006;
report No.107-05-IV-DIRTEPOL-T/CPNP-N.P., from the Police Chief in Nuevo
Progreso, Miguel Morillas Cuadros, to the Police Commander in Mariscal
Cáceres, Juanjui (Huánuco), 10 December 2005. [10] Two destructions of a total
of 11,784 antipersonnel mines between March 2000 and March 2001 are sometimes
not included in Peru’s destruction totals. Peru destroyed the bulk of its
stockpile, 321,730 mines, between 30 May-13 September 2001. Peru declared
stockpile destruction complete in September 2001, but then destroyed a further
926 mines in December 2001 that it had intended to retain for training. See
Landmine Monitor Report 2004, p. 658. [11] The number of CICITEC-MAP
mines held by the National Police decreased from 24 to 12. In addition, the
Army holds 775 CICITEC (MGP), 600 M18-A1 Claymores, 525 M-409, 500 PMA-3, 500
PMB-6N (possibly the PMD-6M), 100 M35 C/ESP M5, 500 POMZ-2M and 500 PMD-6 mines.
See Article 7 Report, Form D, 2 May 2005. [12] Email from Wilyam
Lúcar Aliaga, General Coordinator, Contraminas, 22 June 2006. [13] Landmine Monitor (MAC)
interview with Col. Jaime Sanabria Kriete, Army General Headquarters, San Borja,
Lima, 26 May 2005. [14] See Landmine Monitor
Report 2005, p. 476. [15] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [16] UN Mine Action Service
(UNMAS), “Inter-agency Assessment Mission Report, Peru,” 3 December
1999, p. 11. [17] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [18] Article 7 Reports, Form C,
Table 2, 1 May 2006, 2 May 2005 and 6 May 2004. In previous Article 7 reports,
Peru claimed that the Army did not have records or maps of the mined areas and
that Peru had not placed any mines before, during or after the 1995 conflict.
Article 7 Report, Form C, 6 May 2004. [19] OAS, “Mine Action in
the Cóndor Mountain Range of Peru/Ecuador,” grant application form
to the EC, May 2003, p. 4. [20] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 13 June 2005. [21] UNMAS, “Inter-agency
Assessment Mission Report, Peru,” 3 December 1999, p. 12. [22] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 22 June 2004. [23] Peru reported in June 2005
that nine mines remained in the Chira river area. However, Ecuador stated in
May 2006 that seven mines remained, due to the fact that two mines had been
found. Statement by Peru, Standing Committee on Mine Clearance, Mine Risk
Education and Mine Action Technologies, Geneva, 13 June 2005; see report on
Ecuador in this edition of Landmine Monitor. [24] Telephone interview with
Jaime Barberis Martínez, Director, National Demining Center of Ecuador
(Centro Nacional de Desminado del Ecuador, CENDESMI), 14 June 2006. [25] See Landmine Monitor
Report 2005, p. 476. [26] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [27] UNMAS, “Inter-agency
Assessment Mission Report, Peru,” 3 December 1999, p. 13. The numbers of
mined electricity towers have varied. According to Peru’s 2001 Article 7
report, 54,579 mines were laid around 1,663 electricity towers; Article 7
Report, Form C, Table 1, 4 May 2001. [28] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 13 June 2005; telephone interview with Wilyam Lúcar Aliaga,
Contraminas, 16 June 2006. [29] See Landmine Monitor
Report 2004, p. 659. [30] Interview with Col.
Américo Villena Tupa, Chief, Antimine Division, Division de Seguridad
Contraminas (DIVSECOM), Lima, 23 March 2006. The “quality control”
operations involve clearance being undertaken. Telephone interview with Wilyam
Lúcar Aliaga, Contraminas, 16 June 2006. [31] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [32] Article 7 Reports, Form C, 1
May 2006 and 2 May 2005; see Landmine Monitor Report 2005, p. 477. [33] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006; Article 7 Report, Form C, Table 2, 2 May 2005.
Peru’s statement notes that two police stations are surrounded by mines.
However, the Article 7 report indicates only that the areas are
“suspected” to be mine-affected. [34] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [35] Ibid. [36] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. Under Protocol V of the
Convention on Conventional Weapons, explosive remnants of war are defined as
unexploded ordnance and abandoned explosive ordnance. Mines are explicitly
excluded from the definition. [37] Statement by Peru, Standing
Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 16 June
2005. The departments are La Libertad, Ancash, San Martin, Huanuco and
Ayacucho. [38] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006; see Landmine Monitor
Report 2005, p. 476. [39] Supreme Decree No.
113-2002-RE, “Normas Legales,” El Peruano (Official
Government Gazette), 13 December 2002. [40] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [41] Supreme Decree No.
051-2005-RE, El Peruano (Official Government Gazette), 2 July 2005. [42] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [43] See Landmine Monitor
Report 2005, p. 327. [44] OAS, “Mine Action in
the Cóndor Mountain Range of Peru/Ecuador,” grant application form
to the EC, May 2003, p. 9. [45] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 22 June 2006. [46] Telephone interview with
Simon Berger, IMSMA Regional Coordinator for Latin America, Geneva International
Centre for Humanitarian Demining, 31 May 2006. [47] Interview with Wilyam
Lúcar Aliaga, Contraminas, Lima, 22 March 2006, and telephone interview,
16 June 2006. [48] CCW Amended Protocol II
Article 13 Report, Form C, 23 November 2005. [49] Telephone interviews with
Wilyam Lúcar Aliaga, Contraminas, 16 and 22 June 2006. [50] OAS Mine Action Program (OAS
AICMA), www.aicma-ec.org, accessed 14 June
2006. [51] Interview with Liliam
Ballón, Advisor to the Minister, Undersecretary of Multilateral Affairs,
Ministry of External Relations, Lima, 22 March 2006; telephone interviews with
Wilyam Lúcar Aliaga, Contraminas, 16 and 22 June 2006. [52] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 16 June 2006. [53] Ibid; telephone interview
with Jaime Barberis Martínez, CENDESMI, 14 June 2006. [54] OAS AICMA, www.aicma-ec.org, accessed 14 June 2006. [55] Statement by Peru, Standing
Committee on Mine Action, Mine Risk Education and Mine Action Technologies,
Geneva, 13 June 2005. [56] OAS, “Mine Action in
the Cóndor Mountain Range of Peru/Ecuador,” grant application form
to the EC, May 2003, p. 4; telephone interview with Wilyam Lúcar Aliaga,
Contraminas, 16 June 2006. [57] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [58] See Landmine Monitor
Report 2005, p. 480. [59] Email from Carlos Estrada,
President, AVISCAM, 20 January 2006; interview with Col. Américo Villena
Tupa, DIVSECOM, Lima, 23 March 2006; telephone interview with Wilyam
Lúcar Aliaga, Contraminas, 22 June 2006; interview with Julio Garro,
General Director, UN and Multilateral Affairs, Ministry of Foreign Affairs,
Geneva, 11 May 2006. [60] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [61] See Landmine Monitor
Report 2005, p. 478. [62] Article 7 Reports, Form F,
Table 2, 16 May 2002, 2 May 2005 and 1 May 2006. [63] OAS, “Mine Action in
the Cóndor Mountain Range of Peru/Ecuador,” grant application form
to the EC, May 2003, p. 13. [64] See Landmine Monitor
Report 2005, p. 479. [65] Statement by Peru, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [66] Interview with Julio Garro,
Ministry of External Relations, Geneva, 11 May 2006. [67] See Landmine Monitor
Report 2005, p. 478. [68] Interview with Carlos
Estrada, AVISCAM, Lima, 22 March 2006. [69] Interview with Col.
Américo Villena Tupa, DIVSECOM, Lima, 23 March 2006. [70] Ibid. [71] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 22 June 2006. [72] Field trip by Landmine
Monitor researcher for Peru, 11-13 February 2006. [73] Telephone interview with
Wilyam Lúcar Aliaga, Contraminas, 22 June 2006. [74] See Landmine Monitor
Report 2005, p. 477. [75] Statement by Peru, Standing
Committee on Mine Action, Mine Risk Education and Mine Action Technologies,
Geneva, 10 May 2006. [76] Article 7 Report, Form G, 1
May 2006. [77] Interview with Col.
Américo Villena Tupa, DIVSECOM, Lima, 23 March 2006. [78] Email from Liliam
Ballón, Ministry of External Relations, 24 March 2006. [79] Interview with Liliam
Ballón, Ministry of External Relations, and Wilyam Lúcar Aliaga,
Contraminas, Lima, 20 March 2006. [80] Telephone interview with
Jaime Barberis Martínez, CENDESMI, 14 June 2006. [81] Email from Carlos Estrada,
AVISCAM, 20 March 2006. [82] Article 7 Report, Form I, 1
May 2006; see Landmine Monitor Report 2004, p. 665. [83] Interview with Carlos
Estrada, AVISCAM, Lima, 22 March 2006, and emails, 8 and 15 May 2006. [84] Project documents provided
to Landmine Monitor from the EC office in Lima, 26 April 2006. [85] USG Historical Chart
containing data for FY 2005, by email from Angela L. Jeffries, Financial
Management Specialist, US Department of State, 8 June 2006; See Landmine
Monitor 2005, p. 482. [86] See Landmine Monitor
2005, p. 482. [87] Ministerio de Relaciones
Exteriores Nota de Prensa 040-06, “Apoyo de la Unión Europea
hará posible proyecto para desminado en la Cordillera del
Cóndor,” Lima, 26 January 2006. [88] Europe Aid, Antipersonnel
Landmines Programmes and Projects, Direct Grants 2005: “Mine Action in the
Condor Mountain Range Peru/Ecuador.” [89] OAS, “Mine Action in
the Condor Mountain Range of Peru/Ecuador,” grant application form to the
EC, May 2003, p. 8. [90] Gerolamo Schiavoni,
Ambassador, “Address by the Permanent Observer of Italy to the OAS
Dialogue with the Permanent Observers: XXXVI Session of the OAS General
Assembly,” Santo Domingo, June 2-6, 2006, received by email from William
McDonough, Director, OAS AICMA, 22 June 2006; intervention by Italy, Standing
Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies,
Geneva, 11 November 2005. [91] See Landmine Monitor
Report 2005, p. 482. [92] Article 7 Report, Form J, 2
May 2005. [93] “Reciclador pierde
tres dedos tras manipular granada en Independencia (Recycler loses three fingers
while manipulating grenade in Independencia),” El Comercio (Lima),
14 February 2005. [94] Article 7 Report, Form J, 1
May 2006. [95] “Explosión de
cohete instalaza mata cuatro integrantes de una familia (Explosion of
an‘instalaza’ rocket kills four members of a family),” La
República (Lima), 10 November 2005. [96] Article 7 Report, Form J, 1
May 2006. [97] “Tres niños
resultaron heridos por explosion (Three children injured in explosion),”
Periódico (Peru), 12 January 2006; email from Fanny Diaz,
Protection Officer, and Daphne Martos, Communications Officer, ICRC, 8 June
2006. [98] “ Heridas al manipular
artefacto explosivo (Injured while manipulating explosive device),” La
República (Lima), 29 March 2006. [99] “Mueren cinco en
pueblo piruano por explosion de una granada (Five die in Piuran town due to the
explosion of a grenade),” El Comercio (Lima), 30 May 2006. [100] “Peruano herido
grave por mina antipersonal en la frontera (Peruvian seriously hurt by an
antipersonnel mine on the border),” El Mercurio (Santiago), 3 July
2006. [101] Ministry of Foreign
Affairs press release, “Cancillería brinda atención a
connacionales que sufrieron accidente al ingresar a Chile por paso no habilitado
(Chancellery offers attention to compatriots who suffer an accident while
entering Chile illegally),” 335-06, Lima, 3 July 2006. [102] See Landmine Monitor
Report 2005, p. 483. [103] Ibid. [104] “Final Report of
the Meeting of States Parties / Zagreb Progress Report,” Part II, Annex V,
“Victim Assistance objectives of the States Parties that have the
responsibility for significant number of landmine survivors,” Zagreb, 28
November-2 December 2005, p. 177; Article 7 Report, Form J, 1 May 2006. [105] See Landmine Monitor
Report 2005, pp. 482-483. [106] UN, “Final Report,
First Review Conference of the States Parties to the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction, Nairobi, 29 November-3 December 2004,”
APLC/CONF/2004/5, 9 February 2005, p. 33. [107] “Final Report of
the Meeting of States Parties / Zagreb Progress Report,” Part II, Annex V,
Zagreb, 28 November-2 December 2005, pp. 177-180. [108] Presentation by Rosa
Amelia Gálvez Rojas, Executive Secretary, CONADIS, Standing Committee on
Victim Assistance and Socio-Economic Reintegration, Geneva, 9 May 2006. [109] Ibid The Intersectoral
Commission is composed of the Ministry of Health (medical certification of
disability), the Ministry of Education (inclusive education), the Ministry of
Labor (access to the labor market), the Ministry of Economy and Finance (grants
implementation), and a representative of the Congress (legislative matters). [110] Ibid. [111] “Final Report of
the Meeting of States Parties / Zagreb Progress Report,” Part II, Annex V,
Zagreb, 28 November-2 December 2005, p. 178. [112] See Landmine Monitor
Report 2005, p. 484. [113] UN Economic and Social
Council, “Rights of Everyone to Enjoyment of the Highest Attainable
Standard of Physical and Mental Health: Mission to Peru,” Document
E/CN.4/2005/51/Add.3, 4 February 2005, pp. 18, 23. [114] ICRC, “Annual
Report 2005,” Geneva, June 2006, pp. 279, 281. [115] “Final Report of
the Meeting of States Parties / Zagreb Progress Report,” Part II, Annex V,
Zagreb, 28 November-2 December 2005, pp. 178-179. [116] See Landmine Monitor
Report 2004, p. 667. [117] ICRC, “Special Fund
for the Disabled Annual Report 2005,” Geneva, 10 March 2006, p. 24. [118] “Final Report of
the Meeting of States Parties / Zagreb Progress Report,” Part II, Annex V,
Zagreb, 28 November-2 December 2005, p. 179. [119] See Landmine Monitor
Report 2004, p. 667. [120] Presentation by Rosa
Amelia Gálvez Rojas, Standing Committee on Victim Assistance and
Socio-Economic Reintegration, Geneva, 9 May 2006. [121] See Landmine Monitor
Report 2004, p. 669. [122] Alondra Quiroz,
“Víctimas de minas antipersonales,” La República
(Lima), 19 March 2006. [123] See Landmine Monitor
Report 2004, p. 669. [124] UN, “Rights of
Everyone to Enjoyment of the Highest Attainable Standard of Physical and Mental
Health: Mission to Peru,” Document E/CN.4/2005/51/Add.3, 4 February 2005,
pp. 9-10. [125] Presentation by Rosa
Amelia Gálvez Rojas, Standing Committee on Victim Assistance and
Socio-Economic Reintegration, Geneva, 9 May 2006. [126] US Department of State,
“Country Reports on Human Rights Practices-2005:
Peru,” Washington DC, 8 March 2006. [127] Emails from Jorge
Liza, Coordinator, DIVSECOM, Lima, 31 May 2006 and 27
June 2006.
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