Peru
|
State Party since |
1 March 1999 |
|---|---|
|
Treaty implementing legislation |
Adopted: 22 July 2006 |
|
Last Article 7 report submitted on |
April 2007 |
|
Article 4 (stockpile destruction) |
Deadline: 1 March 2003 Completed: December 2001 |
|
Article 3 (mines retained) |
Initially: 9,526 At end-2006: 4,012 |
|
Contamination |
APMs, AVMs, UXO |
|
Estimated area of contamination |
Unquantified; estimated 50,000 mines remaining |
|
Article 5 (clearance of mined areas) |
Deadline: 1 March 2009 |
|
Likelihood of meeting deadline |
Low |
|
Demining progress in 2006 |
106 mines cleared from electricity towers and 2 mines cleared in the Condor mountains |
|
MRE capacity |
Inadequate |
|
Mine/ERW casualties in 2006 |
Total: 13 (2005: 9) Mines: 1 (2005: 1) ERW: 12 (2005: 8) |
|
Casualty analysis |
Killed: 5 (1 civilian, 4 children) (2005: 4) Injured: 8 (2 civilians, 5 children, 1 deminer) (2005: 5) |
|
Estimated mine/ERW survivors |
317 |
|
Availability of services in 2006 |
Unchanged or increased but inadequate |
|
Progress towards survivor assistance aims |
Slow (VA24) |
|
Mine action funding in 2006 |
International: $25,196 /€20,056 (2005: none) National: $795,413 |
|
Key developments since May 2006 |
Peru enacted a law in July 2006 imposing penal sanctions for violations of the Mine Ban Treaty. Peru finalized clearance of the Chira river in 2006, clearing two mines. It announced plans to request a 10-year extension to its Article 5 deadline. Casualties continued to increase in 2006; unification and verification of casualty data was ongoing. Peru did not report specific progress in achieving its survivor assistance objectives, but some projects were undertaken. |
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. On 22 July 2006 Peru enacted Law 28824 imposing penal sanctions for violations of the Mine Ban Treaty. The law adds a provision to the penal code, Article 279-D, making use, stockpiling, production or transfer of antipersonnel mines punishable with five to eight years imprisonment. The law was passed by congress on 10 July 2006.[1]
In April 2007 Peru submitted its eighth Article 7 transparency report, covering the period March 2006 to March 2007.[2]
Peru attended the Seventh Meeting of States Parties in Geneva in September 2006, where it provided an update on the challenges it faces in mine clearance and victim assistance. In addition, Peru made a statement about its new law and other measures to implement the Mine Ban Treaty. At the Seventh Meeting of States Parties, Peru became co-rapporteur of the treaty’s intersessional Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies. Peru participated in the Standing Committee meetings held in May 2006 and April 2007, where it made statements on victim assistance and mine clearance.
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 states not party to the treaty, 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.
Peru is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines. It attended the Eighth Annual Conference of States Parties to the protocol on 6 November 2006, but did not submit an annual report as required by Article 13. Peru is not party to Protocol V on explosive remnants of war.
Production, Transfer, Use and Stockpiling
Peru is a former producer of antipersonnel mines.[3] The Ministry of Defense has stated that Peru never exported antipersonnel mines.[4] Peru used antipersonnel mines 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).[5]
From 1999 to December 2001 Peru destroyed its stockpile of 338,356 antipersonnel mines.[6] In its April 2007 Article 7 report Peru stated that it has retained 4,012 antipersonnel mines for training, the same number as the previous year.[7] A military official told Landmine Monitor that mines are held by army combat engineer units for instruction on the safe storage and transportation of mines, so the mines are not usually destroyed during training.[8]
Peru has not yet reported in any detail on the intended purpose and actual use of its retained mines, as agreed by States Parties during the First Review Conference in 2004. Peru used the new expanded Form D for reporting on retained mines to note that 12 mines had been destroyed in 2005 during training activities by the police. In March 2007 the Peruvian Center for Mine Action (Centro Peruano de Acción contra las Minas Antipersonales, Contraminas) affirmed that “very few” landmines have been used by the army or police in training operations.[9]
Non-State Armed Groups
During 2006 and early 2007 there were no allegations that Shining Path used antipersonnel mines.[10] However, in November 2006 the army reported that it had confiscated weapons, including one Claymore mine, from Shining Path following a clash in Alto Miritiani sector (Chanchamayo province, department of Junín).[11] The Ministry of External Relations and Contraminas informed Landmine Monitor in January 2007 that they had not been notified about the confiscation and had been previously informed by the ministries of the interior and defense that Shining Path does not use antipersonnel mines.[12] A similar response was given by the police.[13]
Landmine and ERW Problem
Peru is affected by landmines and explosive remnants of war (ERW), mainly unexploded ordnance (UXO). Contamination is located along 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.[14] The Chilean border is not contaminated on Peru’s side according to the Peruvian Center for Mine Action.[15]
At the April 2007 Standing Committee meetings Peru stated that some 50,000 mines remained on its territory; 30,718 mines were located in 35 dangerous areas over 210,140 square meters in the border area with Ecuador (Santiago, Cenepa and Achuime sectors, Amazonas department); 5,000 mines were believed to be around 1,278 high-tension electricity towers; and 15,000 mines were located around other state installations (Zapallal substation, three communication antennae, two police stations and three penitentiaries). Peru cautioned that the figures were only estimates as it is not known exactly how many mines were laid or the exact extent of contamination around infrastructure.[16]
It was previously reported that the number of high tension electricity towers requiring “quality control” was 1,711.[17] However, this was based on the assumption that 692 towers that had previously been cleared did not require additional clearance or verification. Subsequently, it was decided that all 2,494 towers would require clearance to international standards.[18] The total given by Peru in April 2007 of 1,278 towers remaining to be checked included the additional 692 towers.[19]
There are two areas previously declared as mined whose situation has changed during the reporting period: Callao province in Lima department and the Chira river in Piura department. Peru declared in a Contraminas Executive Committee decision of 20 April 2007 that, based on information provided by the Ministry of Defense, it did not consider the Callao public infrastructure to be mined; details were not reported.[20] Previously, in March 2007, Contraminas had declared that it had yet to verify the location of the area before including the relevant information in the Article 7 report.[21] In 2005 and 2006 Peru stated that 927 mines were laid around a “public infrastructure” site in Callao.[22]
Near the Chira river, two of the nine mines in a 9,000 square meter area on both sides of the border with Ecuador were destroyed by a Peruvian demining team between April and July 2006.[23]
On the border with Ecuador some 400,000 people are affected by mines, in particular the Huambisa and Aguaruna indigenous communities who use jungle paths to reach their crop sites. The majority of casualties in Peru have been recorded around the electricity towers, where approximately 500 communities are affected.[24]
Mine Action Program
Contraminas, the Peruvian Center for Mine Action, is responsible for overall management and day-to-day coordination of mine action activities.[25]
Contraminas upgraded its Information Management System for Mine Action (IMSMA) to version 4 in March 2007; this was expected to improve data gathering as it would allow decentralization of data input.[26] In March 2007 Contraminas reported that it had entered into IMSMA data from 900 high-tension electricity towers, which meant that 80 percent of data on clearance operations conducted by the National Police were already in the database; in addition the 35 hazardous areas in the Santiago, Cenepa and Achuime sectors, Amazonas department along the border with Ecuador were in the process of being entered in the database.[27]
During 2006 two domestic cooperation agreements were signed regarding demining of the electricity towers: the first, on 2 June between the Ministry of Energy and Mines and the Ministry of Interior, allowed Contraminas to certify quality control of demining operations; the second, on 23 June was between the Ministry of Energy and Mines and the electricity company, ETECEN.[28]
Mine clearance operations conducted by the Peruvian Armed Forces follow procedures drafted by Contraminas in 2004 and the army’s technical manual drafted in 2002, which are both said to be based on international standards.[29] Demining conducted by the police also follows the army manual, which has a chapter dedicated to procedures for demining the high-tension electricity towers.[30]
The Organization of American States (OAS) has assisted Peru in demining since May 2001. The Assistance Mission for Mine Clearance in South America (Misión de Asistencia a la Remoción de Minas en Suramérica, MARMINAS), established by the InterAmerican Defense Board in May 2003 to support mine clearance in Ecuador and Peru, provides technical advice to the OAS and monitors demining operations conducted.[31] In 2006 and early 2007 five MARMINAS supervisors were based in Peru in order to support the army’s clearance operations.[32]
Strategic Mine Action Planning
Peru is said to have a strategic plan for a twelve-year period (2007-2019), which includes objectives for 2006-2009. At the Seventh Meeting of States Parties in September 2006, these objectives were stated as: to identify all minefields before 1 March 2007, to complete clearance of 1,711 electricity towers before 1 July 2007, to demine the police stations before 1 July 2008, to demine the rest of the towers and the prisons before March 2009, and to finish demining of the Santiago sector before 1 March 2009. Deadlines for clearance of the Cenepa and Achuime sectors (Amazonas department) were to be set later.[33]
Some of the objectives reported by Peru in September 2006 were included in the 2007 operational plan, but operations around the electricity towers and in the Condor mountains were delayed. In March 2007 Contraminas informed Landmine Monitor that clearance of the high security prisons and police stations was awaiting funding.[34] At a regional workshop in August 2007, Peru stated that it planned to finish demining the electricity towers, prisons and police stations by 2009 if sufficient funding could be secured.[35]
A monitoring mission was conducted in 2006 for the European Commission (EC)-funded joint Peru-Ecuador project in the Condor Mountain Range.[36]
Demining
Clearance of the border with Ecuador is the responsibility of the Peruvian Armed Forces General Directorate of Humanitarian Demining (DIGEDEHUME). 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. Previously the Industrial Services of the Navy have conducted clearance operations around the towers.[37]
The army reported that in May 2006 it had 100 military deminers but by December there were only 45 deminers, all trained by the OAS/InterAmerican Defense Board. DIVSECOM said that in March 2007 it had 74 deminers.[38] Demining training courses for army deminers were conducted in 2006.[39]
Mine/ERW Clearance
During 2006 two mines were cleared in the Condor mountains and 106 mines were cleared from high-tension electricity towers.[40]
At the April 2007 Standing Committee meetings Peru reported that in eight years of demining it had cleared 59,974 mines from electricity towers, three mines from public infrastructure and 1,603 mines in the Condor mountains, totaling 61,580 mines found and destroyed.[41]
Peru has identified two main obstacles to progress in demining: lack of national funding for mine risk education and victim assistance as well as demining, and the geographic and climatic conditions in the Condor mountains; for example, it takes nearly three days for demining personnel to reach the Chiqueiza sector.[42]
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 March 2009. The OAS-EC agreement for the joint Peru-Ecuador project stated that the activities being funded should enable Peru to “achieve the objective of declaring its national territory free from antipersonnel mines in 2010.”[43]
In September 2006 Peru informed other States Parties that it would develop a national plan for mine action, in order to achieve mine-free status by 2009; however, it also mentioned that it would request an “adequate term of extension.”[44] In October 2006, having decided that it would be impossible to finish clearance of the 35 hazardous areas in the Condor mountains by 2009, Peru decided to develop a 12-year strategy for 2007-2019.[45] In January 2007 Peru announced it would not be able to meet the treaty deadline in 2009 since there was insufficient time and funding to finish clearing the border with Ecuador. [46] Peru developed a request for an extension of the 2009 Mine Ban Treaty deadline, which it presented at the April 2007 Standing Committee meetings.[47]
Overall, Peru has made slow progress in planning, managing and executing demining operations. Thus, in 2007 the report of a monitoring mission for the EC project, while praising the good understanding between Contraminas and its Ecuadorian counterpart, also noted management problems that had limited the project’s implementation, especially by Peru.[48]
Mine Risk Education
During 2006 limited mine risk education (MRE) was undertaken by three operators: DIVSECOM, the Association of Victims and Survivors of Minefields (Asociación de Víctimas y Sobrevivientes de Campos Minados, AVISCAM) and the International Committee of the Red Cross (ICRC). Due to lack of resources it was not possible to repeat the 2003 MRE campaign that involved all MRE and mine action operators and covered both the border with Ecuador and inland territory.[49]
DIVSECOM provided 40 basic MRE sessions in 2006 for people living near the electricity towers where it conducts demining and quality control.[50]
In 2006 as in 2005, AVISCAM provided basic MRE on an ad hoc basis to people and communities at risk. In February 2006 and March 2007 it organized four one-day MRE sessions, three in Huancayo province (Junín department) and one in Lima, for workers maintaining the electricity towers.[51]
The ICRC has implemented its Exploring Humanitarian Law program since 2003 in coordination with the Ministry of Education and its regional directorates; this includes a brief introduction on antipersonnel mines.[52] From 12 to 15 March 2007 Contraminas co-organized with the ICRC a four-day workshop in Santa Maria de Nieva (Condorcanqui province, Amazonas department). A one-day session on MRE for 30 teachers was added to the Exploring Humanitarian Law workshop in March 2007 co-organized by the ICRC and Contraminas.[53]
MRE was included in the EC-funded project Mine Action in the Condor mountains of Peru/Ecuador but no activities were undertaken in 2006. The agreement includes funding of €6,600 (some US$8,290) for six MRE campaigns in the Amazonas department, targeting 149 communities in the Santiago, Cenepa and Achuime river areas.[54] The project ended on February 2007 but the European Commission granted an extension until June 2007.[55]
MRE has not been included in Peru’s mine action goals for 2002-2006. However, the new mine action strategy developed in late 2006-2007 is said to include MRE.[56] Contraminas regrets that it has no national funding for MRE, as such activities are “necessary because there is a lack of knowledge about landmine problematic in Peru, even among authorities.” MRE is said to be needed in particular on the mine-affected border with Chile; a joint MRE campaign was proposed by Peru in October 2006.[57] Chile confirmed that talks are ongoing and a high-level meeting should take place before the end of 2007.[58]
Landmine/ERW Casualties
In 2006 Landmine Monitor identified at least 13 new mine/ERW casualties, including five people killed and eight injured. At least nine of the casualties were children. One of the casualties was a police deminer injured by an antipersonnel mine during clearance around a high-tension electricity tower in Yauli sector, Huarochiri province.[59] All the other casualties occurred in ERW incidents in January, March and May 2006 (five killed and seven injured); two women injured in the May incident were previously unreported.[60] This is an increase from 2005 (one mine casualty and eight ERW casualties).[61]
The ICRC reported on six weapon-injured people, including four who suffered amputations as a result of incidents in Alto Huallaga and in the Ene-Apurímac river basin in 2006.[62] Further details were not provided.
A Peruvian was injured in July 2006 while attempting to illegally cross the border near Chacalluta airport in Arica, Chile.[63]
Mine/ERW casualties continued to be reported in 2007 with at least nine new mine/ERW casualties (one killed, eight injured) in four incidents and one demining accident by the end of June. Two casualties were caused by antipersonnel mines (including a police deminer), one by the fuze of a DEXA mine, and the others were caused by ERW. At least three of the casualties were boys, including two collecting scrap metal at a police training field.[64] In addition, in June four coca plant eradicators were seriously injured when an “explosive trap” possibly placed by Shining Path in Yanajanca valley, Marañon province, exploded; the case was under investigation by Contraminas, DIVSECOM and DIGEDEHUME.[65] AVISCAM reported an additional “landmine” incident in January 2007 in Yauli province injuring a 16-year-old boy. However, Contraminas and DIVSECOM concluded that the incident was possibly the result of handling fireworks.[66]
Data Collection
Contraminas registers landmine casualties in the IMSMA database, receiving information from the ICRC, army, police, AVISCAM and the Ombudsperson (Defensoría del Pueblo). Since March 2007 data entry has been hampered by technical problems with IMSMA version 4; the problem had not been solved by July.[67] Landmine Monitor research indicates there is a lack of qualitative analysis of mine/ERW data in Peru, and the information is not used to its full extent for assistance planning.
It is believed that mine/ERW casualties are under-reported due to lack of surveys, fear of being labeled as part of the Shining Path insurgency and fear of being threatened for trespassing on private land.[68] In October 2006 AVISCAM identified two survivors who had not been registered; two brothers were injured in December 2001 in Ancash department while working as informal deminers for a private enterprise.[69]
At the Sixth Meeting of States Parties in 2005 Peru stated that it aimed to verify and consolidate its casualty data for planning purposes.[70] Some progress has been reported: by October 2006 the identity of 282 casualties (90 percent of those registered) had been verified.[71] The remaining survivors could not be identified because they were under 18 years at the time of the incident or because their names were duplicates. Peru did not include family members of the deceased in this identification exercise and the information has not yet been used for planning by assistance providers. In 2005 Contraminas said it would conduct house visits to mine survivors; during 2006 and the first quarter of 2007 no visits were undertaken, due to a lack of resources and because identifying correct address details was a challenge.[72]
The total number of mine/ERW casualties in Peru is not known. As of July 2007 Contraminas had registered 317 mine and mine fuze casualties since 1991, including 48 killed, 265 injured and four unknown. Almost all were male (97 percent, or 306 casualties); 105 casualties were civilian, 125 military and 87 police deminers.[73] Contraminas also recorded 78 ERW casualties by January 2005; further updates were not available due to database problems; in 2006 Contraminas was informed by the ICRC about 90 ERW casualties.[74]
In March 2007 the Directorate-General of People with Disabilities (Dirección General de la Persona con Discapacidad, DGPD), informed Landmine Monitor that the 2007 National Household and Population Census would include a question on the “prevalence, typology and origin of the disability.”[75] In July 2006 the Special Commission on Disability Studies (Comisión Especial de Estudio sobre Discapacidad, CEEDIS) estimated there were 3,420,716 people with disabilities in Peru (approximately 12.2 percent of the population); nearly half of them have a physical disability.[76]
Survivor Assistance
The police and armed forces provide medical assistance, physical rehabilitation and psychological support to their personnel injured by mines or ERW. Civilian mine/ERW survivors are treated within the general healthcare system under the Ministry of Health.
In September 2006 Peru recognized that although the national health system had the capacity to assist mine/ERW casualties, there were difficulties in accessing specialized services and a lack of equipment and medication, especially for civilians in rural areas.[77]
The average percentage of the Gross Domestic Product spent on healthcare is lower (4.8 percent) than the regional average (7.3 percent).[78] The government only covers 25 percent of this spending.[79]
In October 2006 the UN Special Rapporteur of the Commission on Human Rights visited Peru to evaluate progress in achieving recommendations made after a 2005 health evaluation that there were hardly any rehabilitation, community-based mental health and support services, and that there were great disparities in healthcare. The main recommendation was improved intersectoral coordination in developing health and human rights plans and policies.[80] As a result, a National Plan of Human Rights was created but remains to be implemented. A quarter of the Peruvian population lacked access to basic healthcare. Emergency medical care varied greatly depending on the location of the incident and availability of emergency transport.[81]
According to the National Institute of Rehabilitation (Instituto Especializado de Rehabilitación, INR), 30 percent of Peruvians with a disability are amputees.[82] About 15 percent of amputees are mine/ERW survivors according to the ICRC.[83] Physical rehabilitation facilities exist, but only the INR in El Callao near the capital, Lima, produces orthotics and prosthetics, hampering access for people with disabilities. In addition, patients must cover the cost of the prosthetic/orthotic device (costing $250-1,000) as well as travel and accommodation expenses. However, 70 percent of INR clients live in extreme poverty.[84] Reportedly, the Ministry of Health wanted to decentralize available services.[85] But the decreasing number of mines and ERW, and of war- disabled people, makes this a low priority issue.[86]
Psychosocial and economic reintegration programs exist but are not always free of charge and are limited in scale. Although legislation states that three percent of all jobs in the public sector should go to people with disabilities, less than one percent of people with severe disabilities were employed.[87] The National Police indicated that 832 disabled staff, some injured during demining operations, received small pensions.[88] Civilians with disabilities do not receive pensions from the government.[89]
Peru has legislation and measures to protect the rights of people with disabilities but many people with disabilities remained economically and socially marginalized.[90] On 30 March 2007 Peru signed the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol allowing for the monitoring of disability activities. On 25 March 2007 a Supreme Decree for the first time included disability as a national policy issue, requiring respect for the rights of people with disabilities, access to senior positions in public institutions, social, economic, political and cultural integration, eradication of discrimination and monitoring to guarantee these regulations.[91]
Progress in Meeting VA24 Survivor Assistance Objectives
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.[92] As part of its commitment to the Nairobi Action Plan, Peru presented its 2005-2009 objectives at the Sixth Meeting of States Parties in 2005.[93]
At the April 2007 Standing Committee meetings Peru reported on survivor assistance but did not report directly on progress towards its 2005-2009 objectives. The objectives were not updated and remained limited to the development of directories and strategies, mostly with 2006 deadlines. However, the strategy for integrated assistance to mine survivors is only scheduled for completion by 2009.[94] Progress as identified in 2007 included: prioritization and improved coordination of disability, improved accessibility of public buildings and transport, accessibility guidelines, prioritization of people with disabilities in obtaining administrative services and free disability certificates, training on inclusive education, capacity building for people with disabilities and projects to improve access to the labor market and increased income.[95] The Peruvian delegation at the April 2007 Standing Committee meetings did not include a victim assistance expert as had been the case in May 2006.
Peru received support from a consultant of the Mine Ban Treaty Implementation Support Unit (ISU) in 2007.[96] It provided information in Form J of its Article 7 report.[97]
|
Service |
Objectives |
Time-frame |
Task assigned to |
Plans to achieve objectives |
Actions in 2006-2007 |
|---|---|---|---|---|---|
|
Data collection |
Verify mine survivor information in database, including AICMA data |
by end 2006 |
Contraminas |
Pilot project; cross-check database |
Some delay: 90 percent of survivors verified; one AVISCAM member in Contraminas team |
|
Strategy for assistance for survivors |
by 2009 |
INR, DGPD |
Make VA plan, implement pilot project for at least 14 mine survivors |
VA Working Group created; no progress on VA plan, five beneficiaries identified for support |
|
|
Integrate casualty data collection into nationwide injury surveillance |
by 2009 |
N/A |
N/A |
No progress reported, but disability question included in 2007 National Census |
|
|
Emergency and continuing medical care |
Create directory of health facilities near mine-affected areas |
by end 2006 |
Contraminas, MoH |
N/A |
Incomplete |
|
Create database of medical specialists |
by end 2006 |
N/A |
N/A |
No progress reported |
|
|
Physical rehabilitation |
Create directory of prosthetic and orthotic services |
by end 2006 |
INR |
N/A |
No progress reported |
|
Psychological support and social reintegration |
Facilitate access to services |
by end 2006 |
AVISCAM, others |
N/A |
No progress reported |
|
Economic reintegration |
Strategy linking registered survivors to economic reintegration programs |
by 2006 |
INR, DGPD, MoWSD |
N/A |
INR pilot project to improve income levels for people with moderate disabilities; training center reopened in 2007 |
|
Laws and public policies |
Civil society and VA agencies’ participation in activities benefiting mine survivors |
by 2006 |
DGPD, MoWSD |
DGPD to elaborate Plan of Equality and Opportunities for PWD 2007-2016 |
Decade of the People with Disabilities in Peru declared |
Survivor Assistance Strategic Framework
Peru’s 2002-2006 mine action strategic plan makes no mention of survivor assistance objectives. The new strategic plan was said to include MRE and survivor assistance issues.[99]
Contraminas coordinates all mine action including survivor assistance. The Ministry of Women and Social Development (MoWSD) is responsible for policy-making and implementation of disability issues in coordination with relevant ministries in the Intersectoral Commission.[100] In 2007 the National Council for the Integration of Disabled Persons (CONADIS), which had formulated policy protecting the rights of people with disabilities, was transformed into the Directorate-General of the People with Disabilities (Dirección General de la Persona con Discapacidad, DGPD), under MoWSD. The government required DGPD to develop the New Plan of Equality and Opportunities for People with Disabilities 2007-2016.[101] In the first quarter of 2007 DGPD organized several regional workshops to gather information on the needs of people with disabilities.[102]
Peru created a Victim Assistance Working Group in 2006, consisting of DGPD, INR, ICRC, OAS AICMA and AVISCAM.[103] In September 2006 Peru announced a survivor assistance pilot project to develop the victim assistance plan and finalization of the casualty database.[104]
INR provided physical rehabilitation to 94 people (at least six mine/ERW survivors).[105] ICRC provided specialized medical care to six conflict-injured people and, of these, four IED-survivors received prostheses; three more people received a prosthesis refit.[106]
The State Integrated Health Insurance (Seguro Integral de Salud, SIS) provides broad health coverage for young people and others in extreme poverty. According to DGPD, people with disabilities are not among SIS beneficiaries and their inclusion would be one of the objectives of the New Plan of Equalities and Opportunities for People with Disabilities 2007-2016. SIS also does not routinely cover treatment of mine/ERW survivors or victims of political violence unless they are considered as such by the Inter-American Court of Human Rights.[107]
The National Institute of Rehabilitation under the Ministry of Health provides physical rehabilitation, psychosocial support and economic reintegration opportunities through an integrated program. The INR’s physical rehabilitation program was assisted in 2006 by the ICRC, covering accommodation and transportation costs and 50 percent of rehabilitation cost for mine/ERW survivors. The ICRC ended its mine/ERW survivor assistance at end of December 2006.[108] For 2007 the government assigned a budget of PEN (Peruvian Nuevo Sol) 21,105,594 (some $6.6 million) to the INR, one percent of the national health budget.[109] The INR also conducted a pilot project to improve income levels for people with moderate disabilities in El Callao.[110]
DPGD provides socioeconomic reintegration projects and material assistance, promotes resource allocation, supervises disability initiatives, monitors implementation of disability legislation, provides training and conducts research.[111] It also operates the Center for Technical and Occupational Training in El Callao, and the Training of Business People project. After opening in 2002 the El Callao center only functioned for six months until reopening in March 2007. It provides five three-month courses for people with disabilities. For 2007, the DGPD budget was PEN4,270,000 ($1,341,634), approximately 0.5 percent of the Ministry of Women and Social Development annual budget.[112]
In October 2006 Peru requested OAS Program Regional Coordination support for a “pilot project to provide physical and psychological rehabilitation services to 23 Peruvian landmine survivors.” The support was granted.[113] However, as of March 2007 Contraminas had not been able to locate at least 14 survivors who were to participate in the pilot project due to high internal migration and the lack of “a registration culture.”[114] In July 2007 Contraminas announced of the remaining nine survivors only five accepted to participate in the project.[115]
Funding and Assistance
In 2006 Italy reported donating $25,196 (€20,056) to the OAS for mine clearance in Peru.[116] Landmine Monitor identified no international funding of mine action in Peru in 2005.
In addition, in 2006-2007 the EC funded a joint Peru-Ecuador project in the Condor mountains.[117]
National Contribution to Mine Action
Peru reported national funding for mine action totaling $2,531,550 Soles ($795,413) in 2006, including 881,550 Soles ($276,983) in monetary contributions, covering staff, equipment, salaries, logistics, insurance, explosives, casualty evacuation, and training; and PEN1,650,000 ($518,430) in-kind.[118]
Peru was among OAS member states reported as providing in-kind support in 2006 to the OAS Program for Comprehensive Action against Antipersonnel Mines; the total value of all in-kind contributions was $2.9 million.[119]
[1] Article 7 Report, Form A, April 2007; statement by Peru (“Intervención del Perú en el tema 11 (e) iii. Prevención y supresión de las actividades prohibidas y facilitación del cumplimiento”), Seventh Meeting of States Parties, Geneva, 21 September 2006. The text can be found in Boletín oficial de normas legales (Official Bulletin of Legal Norms) of the legal newspaper El Peruano, www.gacetajuridica.com.pe, accessed 12 July 2007.
[2] The report states that it covers March 2005 to March 2006, however, the contents of the report cover March 2006 to March 2007. Previous reports were submitted on 1 May 2006, 2 May 2005, 6 May 2004, April 2003 (no date specified), 16 May 2002, 4 May 2001 and 2 May 2000.
[3] 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 mines 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” (“Mine Risk Education Program”), Lima, 2002, p. 7.
[4] Telephone interview with Gen. Raúl O’Connor, Director, Information Office, Ministry of Defense, 19 April 2000.
[5] Peru denies mine-laying during the 1995 Cenepa border conflict with Ecuador. Article 7 Report, Form C, 6 May 2004.
[6] 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.
[7] Article 7 Report, Form D, April 2007. The 4,012 include 775 CICITEC (MGP), 600 M18-A1 Claymore, 525 M-409, 500 PMA-3, 500 PMB-6N (possibly PMD-6M), 500 PMD-6, 500 POMZ-2M, 100 M35 C/ESP M5 and 12 MAP-CICITEC mines. All are held by the army except the 12 MAP-CICITEC mines. In its May 2006 report Peru indicated the police had destroyed 12 CICITEC-MAP mines the previous year in training activities. See Article 7 Report, Form D, 1 May 2006.
[8] Landmine Monitor (MAC) interview with Col. Jaime Sanabria Kriete, Army General Headquarters, San Borja, Lima, 26 May 2005.
[9] Interview with Wilyam Lúcar Aliaga, General Coordinator, Contraminas, Lima, 23 February 2007.
[10] There have been occasional allegations in previous years. Most recently, according to media reports, on 23 July 2005 armed assailants used a landmine to blow up a vehicle in the community of Yanajanca, in Tocache province, San Martín department. The Ministry of the Interior subsequently informed Landmine Monitor that the device was “a booby trap activated by electricity contact.” See Landmine Monitor Report 2006, p. 588.
[11] Joint Command of the Armed Forces, Information Office, Official Communication No. 008-2006-CCFFAA, “El VRAE, uno de los últimos bastiones terroristas y del narcotráfico” (“VRAE, one of the last bastions of terrorists and drug traffickers”), 1 December 2006; “Incautan armas a terroristas en Pichanaki” (“Seizure of terrorist arms in Pichanaki”), 2 December 2006.
[12] Interview with Liliam Ballón, Technical Secretary, Contraminas/Advisor to the Minister, Undersecretary of Multilateral Affairs, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 29 January 2007.
[13] Interview with Col. Américo Villena, then-Director of DIVSECOM, Lima, 12 January 2007.
[14] See Landmine Monitor Report 2006, pp. 588-590.
[15] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 3 April 2007.
[16] “Extension Request by Peru under Article 5,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007, www.apminebanconvention.org. See also Article 7 Report, Form C, April 2007; email from Wilyam Lúcar Aliaga, Contraminas, 25 April 2007.
[17] Statement by Peru, Seventh Meeting of States Parties, Geneva, 18 September 2006.
[18] Response to Landmine Monitor Questionnaire by Jorge Liza, Coordinator, DIVSECOM - Countermines Security Division National Police, 3 April 2007 (Report No. 2007-DIROES PNP/DIVSECOM.UPO).
[19] “Update on the Status of Implementation of Article 5,” www.apminebanconvention.org; “Extension Request by Peru under Article 5,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007.
[20] Article 7 Report, Form C, April 2007.
[21] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 30 March 2007.
[22] Article 7 Report, Form C, 1 May 2006; see also Article 7 Report, Form C, 2 May 2005; Landmine Monitor Report 2006, p. 590; Landmine Monitor Report 2005, p. 477.
[23] “Extension Request by Peru in Article V,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007; see Landmine Monitor Report 2006, p. 589.
[24] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 29 January 2007; see also Landmine Monitor Report 2006, p. 589.
[25] See Landmine Monitor Report 2006, pp. 590-591.
[26] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March 2007.
[27] Interview with Iván Acevedo, Contraminas, Lima, 30 March 2007.
[28] Article 7 Report, Form A, undated but April 2007.
[29] CCW Amended Protocol II Article 13 Report, Form C, 23 November 2005.
[30] Response to Landmine Monitor Questionnaire by Jorge Liza, DIVSECOM , 3 April 2007.
[31] See Landmine Monitor Report 2006, pp. 396-397.
[32] Information provided by Iván Acevedo, Contraminas, Lima, 10 April 2007.
[33] Presentation by Peru, Seventh Meeting of States Parties, Geneva, 22 September 2006.
[34] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 9 March 2007.
[35] Interview with Wilyam Lúcar Aliaga, Contraminas, Santiago, 17 August 2007.
[36] For details, see report on Ecuador in this edition of Landmine Monitor.
[37] See Landmine Monitor Report 2006, p. 593; interview with Wilyam Lúcar Aliaga, Contraminas, Santiago de Chile, 17 August 2007.
[38] Response to Landmine Monitor Questionnaire by Jorge Liza, DIVSECOM, 3 April 2007.
[39] Response to Landmine Monitor Questiuonnaire from Maj. David Fernandez, DIGEDEHUME, 2 April 2007.
[40] “Extension Request by Peru under Article 5,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007; Article 7 Report, Form G, April 2007.
[41] “Extension Request by Peru under Article 5,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007.
[42] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 3 April 2007; interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March 2007.
[43] OAS, “Contribution Agreement between the European Commission and the Organisation of American States,” MAP/2004/91146, November 2005, p. 13.
[44] Statement by Peru, Seventh Meeting of States Parties, Geneva, 22 September 2006.
[45] Interviews with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 29 January 2007 and 3 April 2007.
[46] Ibid, 29 January 2007.
[47] “Extension Request by Peru under Article 5,” Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 26 April 2007.
[48] EPTISA, “Monitoring Report PERU-PE-Mine Action in the Condor Mountain Range of Peru/Ecuador,” MR-30542.01, 10 July 2007.
[49] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March 2007; interview with Carlos Estrada, President, and Bruno Celiz, Secretary, AVISCAM, Lima, 19 March 2007. See also Landmine Monitor Report 2004, p. 665.
[50] Email from Jorge Liza, DIVSECOM, 16 March 2007.
[51] Interview with Carlos Estrada and Bruno Celiz, AVISCAM, Lima, 19 March 2007.
[52] Interview with Juany Ibañez, ICRC, Lima, 22 February 2007.
[53] Article 7 Report, Form I, April 2007; email from Maj. David Fernandez, DIGEDEHUME, 2 April 2007; interview with Juany Ibañez, ICRC, Lima, 22 February 2007.
[54] OAS, “Contribution Agreement between the European Commission and the Organisation of American States,” MAP/2004/91146, November 2005, p. 13. See Landmine Monitor Report 2007, p. 595.
[55] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 3 April 2007.
[56] Telephone interview with Wilyam Lúcar Aliaga, Contraminas, 25 July 2007.
[57] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 3 April 2007.
[58] Telephone interview with Andrés Barbé, Advisory Minister, Embassy of Chile in Peru, Lima, 6 August 2007.
[59] Interviews with Carlos Estrada and Bruno Celiz, AVISCAM, Lima, 29 January, 6 and 19 March 2007.
[60] “Mueren cinco en pueblo piurano por explosión de una granada” (“Five from Piura die in grenade explosion”), www.seguridadidl.org.pe, accessed 3 August 2007.
[61] See Landmine Monitor Report 2006, p. 596.
[62] ICRC, “Annual Report 2006,” Geneva, May 2007, p. 293.
[63] See Landmine Monitor Report 2006, p. 596.
[64] Article 7 Report, Form J, 24 April 2007; interview with Carlos Estrada and Bruno Celiz, AVISCAM, Lima, 19 March 2007; interview with survivor and his mother, Chosica province, Lima department, 5 April 2007; email from Bruno Celiz, AVISCAM, 5 May 2007; email from Wilyam Lúcar Aliaga, Contraminas, 13 July 2007; “Un niño murió al estallar una granada de guerra en Ate Vitarte (A boy died after exploding a war grenade in Ate Vitarte), El Comercio (Lima), 18 July 2007.
[65] Email from Liliam Ballón, Ministry of Foreign Affairs, 3 July 2007; email from Wilyam Lúcar Aliaga, Contraminas, Lima, 13 July 2007.
[66] Response to Landmine Monitor Questionnaire by Jorge Liza, DIVSECOM, 3 April 2007.
[67] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March, and email, 27 July 2007.
[68] Interviews with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March and 30 March 2007; see Landmine Monitor Report 2006, p. 596.
[69] Interviews with Carlos Estrada and Bruno Celiz, AVISCAM, Lima, 29 January and 19 March 2007.
[70] “Final Report of the Meeting of States Parties/ Zagreb Progress Report,” Part II, Annex V, Zagreb, 28 November-2 December 2005, pp. 177-180.
[71] Contraminas, “Informe sobre víctimas con minas antipersonal, República del Perú (de abril de 1989 a octubre de 2006)” (“Report on antipersonnel landmine victims, Republic of Peru (April 1989 to October 2006)),” preliminary version, Lima, p. 1, provided by Contraminas, Lima, 3 April 2007; interviews with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 29 January and 28 March 2007.
[72] Statement by Peru, Seventh Meeting of States Parties Geneva, 20 September 2006; interviews with Wilyam Lúcar Aliaga, Contraminas, Lima, 6 and 28 March 2007.
[73] Email from Wilyam Lúcar Aliaga, Contraminas, 13 July 2007.
[74] Contraminas, “Report on antipersonnel landmine victims, Republic of Peru (April 1989 to October 2006),” preliminary version, Lima, p. 12; see Landmine Monitor Report 2005, p. 483.
[75] Interview with Katherine Pinillos Garcia, Specialist in Public Policy in Disability Issues, DGPD, Lima, 8 March 2007. DGPD was previously CONADIS, National Council for the Integration of Disabled Persons.
[76] CEEDIS, “Final Report, Disability Special Study Commission of the Congress,” Lima, July 2006, p. 11,
www.risolidaria.org.pe, accessed 14 April 2007.
[77] Statement by Peru, Seventh Meeting of States Parties, Geneva, 20 September 2006.
[78] Pedro Francke, Juan Arroyo and Alfredo Guzmán “Forosalud. Propuesta de políticas de salud para el periodo 2006–2011” (“Health Forum. Proposal on health policies for the period 2006-2011”), Cies, No. 32, http://cies.org.pe, accessed 10 March 2007.
[79] Ministry of Health, “Reformulacion del plan estrategico sectoral periodo 2004-2006” (Reformulation of the sectoral strategic plan, period 2004-2006”), www.minsa.gob.pe, accessed 31 July 2007.
[80] Oral remarks of Paul Hunt, UN Special Rapporteur, press conference, Lima, 13 October 2006, www.forosalud.org.pe, accessed date, 20 July 2007; see Landmine Monitor Report 2006, p. 597.
[81] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March 2007; see Landmine Monitor Report 2005, p. 484.
[82] INR, “Información estadística de la Discapacidad a nivel nacional 1999-2000”) (“Statistical information on disability at national level, 1999-2000”), www.inr.gob.pe, accessed 14 April 2007.
[83] Interview with Fanny Diaz, Protection Officer, and Dafne Martos, Communications Officer, ICRC, Lima, 15 March 2007.
[84] Interview with Dr. Hermelinda Iriarte, Director, Department of Research, Teaching and Biomechanics, INR, El Callao, 19 March 2007.
[85] See Landmine Monitor Report 2004, p. 667.
[86] Interview with Liliam Ballón, Ministry of Foreign Affairs, and Wilyam Lúcar Aliaga, Contraminas, Lima, 29 January 2007.
[87] US Department of State, “Country Reports on Human Rights Practices-2006: Peru,” Washington, DC, 6 March 2007.
[88] Emails from Jorge Liza, DIVSECOM, 31 May 2006 and 27 June 2006.
[89] Telephone interview with Katherine Pinillos Garcia, DGPD, Lima, 13 April 2007.
[90] US Department of State, “Country Reports on Human Rights Practices-2006: Peru,” Washington, DC, 6 March 2007.
[91] Supreme Decree No. 027-2007-PCM. Normas Legales, in El Peruano (Official Government Gazette), Lima, 25 March 2007.
[92] UN, “Final Report, First Review Conference,” Nairobi, 29 November-3 December 2004,” APLC/CONF/2004/5, 9 February 2005, p. 33.
[93] “Final Report of the Meeting of States Parties/ Zagreb Progress Report,” Part II, Annex V, Zagreb, 28 November-2 December 2005, pp. 177-180.
[94] Co-chairs of the Standing Committee on Victim Assistance and Socio-Economic Reintegration, “Status of the development of SMART victim assistance objectives and national plans,” Geneva, 23 April 2007, p. 35.
[95] Presentation by Peru, Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 9 May 2006.
[96] Email from Sheree Bailey, Victim Assistance Expert, ISU, GICHD, 12 June 2007.
[97] Article 7 Report, Form J, 24 April 2007.
[98] “Final Report of the Sixth Meeting of States Parties/ Zagreb Progress Report,” Part II, Annex V, Zagreb, 28 November-2 December 2005, p. 170; Statement by Peru, Seventh Meeting of States Parties, Geneva, 20 September 2006; co-chairs of the Standing Committee on Victim Assistance and Socio-Economic Reintegration, “Status of the development of SMART victim assistance objectives and national plans,” Geneva, 23 April 2007, p. 35; Presentation by Peru, Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 24 April 2007; interviews with survivor assistance stakeholders conducted between January and July 2007.
[99] Telephone interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 25 July 2007.
[100] See Landmine Monitor Report 2006, p. 597.
[101] Supreme Decree No. 015-2006-MIMDES, “Normas Legales” (“Legal Norms”), El Peruano (Official Government Gazette), Lima, 13 December 2006.
[102] Interview with Katherine Pinillos Garcia, DGPD, Lima, 8 March 2007.
[103] Telephone interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 25 July 2007.
[104] Statement by Peru, Seventh Meeting of States Parties, Geneva, 20 September 2006; interview with Liliam Ballón, Ministry of Foreign Affairs, Lima, 29 January 2007.
[105] Interview with Dr. Hermelinda Iriarte, INR, El Callao, 19 March 2007.
[106] ICRC, “Annual Report 2006,” Geneva, May 2007, p. 293.
[107] Interview with Katherine Pinillos Garcia, DGPD, Lima, 8 March 2007; interview with Fanny Diaz and Dafne Martos, ICRC, Lima, 15 March 2007.
[108] Interview with Fanny Diaz and Dafne Martos, ICRC, Lima, 15 March 2007.
[109] Ministerial Resolution, 27 December 2006. Average exchange rate for 2006: 1 PEN = US$0.3142, used throughout this report. Landmine Monitor estimate based on www.oanda.com.
[110] See Landmine Monitor Report 2006, p. 598.
[111] Statement by Peru, Seventh Meeting of States Parties, Geneva, 20 September 2006.
[112] Interview with Katherine Pinillos Garcia, DGPD, Lima, 8 March 2007.
[113]EC, “Second Interim Project Report for Mine Action in the Condor Mountain Range (Cordillera do Condor) of Peru/Ecuador, July-October 2006,” undated, Washington, DC, provided by Laurent Guirkinger, Thematical Lines Coordinator, Cooperation Section, EC Delegation in Peru, 15 March 2007.
[114] Interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 28 March 2007.
[115] Telephone interview with Wilyam Lúcar Aliaga, Contraminas, Lima, 25 July 2007.
[116] Mine Action Investments Database, www.mineaction.org, accessed 21 March 2007. Average exchange rate for 2006: €1 = US$1.2563. US Federal Reserve, “List of Exchange Rates (Annual),” 3 January 2007. This was reported by other sources as being €19,000 ($23,870); see Landmine Monitor Report 2006, p. 595.
[117] For details, see report on Ecuador in this edition of Landmine Monitor.
[118] Response to Landmine Monitor National Funding Questionnaire from Col. Oscar James Camero Samanez, DIVSECOM, 16 April 2007.
[119] OAS, “Support for Action Against Antipersonnel Mines in Ecuador and Peru,” AG/RES. 2181 (XXXVI-O/06), April 2007, p. 1, http://scm.oas.org.






