Skip to main content

Press releases Treaty bodies

Committee on Elimination of Discrimination against Women takes up report of Peru on steps to implement convention, gaps between situation of urban and rural women cited

06 July 1998

Committee on Elimination of
Discrimination against Women
Nineteenth Session
397th Meeting (AM)

WOM/1067
6 July 1998


Dramatic gaps between the situation of urban and rural women in Peru were highlighted as the Committee on the Elimination of Discrimination against Women began considering Peru's combined third and fourth periodic reports on implementing the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, and responding to questions posed by the Committee's 23 expert members during a pre-session working group, William Toro, Peru's Vice-Minister for the Promotion of Women and Human Rights, said that in areas such as number of children, age of first pregnancy, maternal mortality and illiteracy, rural women fared worse than their urban counterparts.

For example, in 1996, urban women had an average of 2.8 children, while rural women averaged 5.6 children, he said. Women comprised 72 per cent of Peru's illiterate population; 8.1 per cent of urban women were illiterate compared to 37.5 per cent of urban women, and 45 per cent of indigenous women.

Overall, the situation for women in Peru had advanced in terms of education, labour and the political arena, he said. These changes were taking place in the context of sustainable development for the country, such as in developing a national family planning policy. However, structural inequities that had been a long-standing national characteristic were still to be seen.

Ten years of terrorist activities had impacted on women's lives in a number of ways, he said. The Government was encouraging people to return to their places of origin, and had organized the return of almost 13,000 persons -- mainly women -- between 1995 and 1997. As part of the Government's policy of pacification and sustainable development, and encouraging the return of the displaced, emergency support was being provided, especially for female heads of families. Such support included elements to promote well-being and reintegration.

The Committee will meet again this afternoon at 3 p.m. to continue its consideration of Peru's third and fourth periodic reports.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to begin considering the combined third and fourth periodic reports of Peru (document CEDAW/C/PER/3-4 of September 1995), submitted under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. That article provides for States parties to submit reports on legislative, judicial, administrative and other measures adopted to give effect to the provisions of the Convention. (For background on the session, see Press Release WOM/1053 of 19 June 1998.)

The report says that the involvement of women in public affairs and their access to services in Peru had improved by the start of the 1990s. The greater visibility of women in the social, economic and political life of the nation is creating the foundation for a new image for women and for recognition of their role in social affairs. There has been a gradual incorporation of men into activities for the advancement of women, and of groups of women in negotiations and discussions on topics that involve both sexes. Broader social bases are, therefore, being created for women to emerge from their marginalized position.

However, the country faces enormous difficulties that are affecting women in particular, including chronic poverty and a deterioration in the quality of life, the report says. Some women in certain rural areas and socio-economic groups remain disregarded and marginalized. The report also highlights violence against women, including terrorism, which has had a major impact on the lives of many women.

The report notes that there are over 11 million women in Peru, making up 50.3 per cent of the total population. Seventy per cent of women live in urban areas. A breakdown by age group reveals that 36 per cent of the female population in Peru are girls under 15 years of age, 21 per cent are young women aged 15 to 24, 38 per cent are adults, and only 5 per cent are over 65 years old.

The report states that Peru has unswervingly maintained its position in the various national and international forums of total rejection of any type of discrimination against women and of firm support for any initiative aimed at eliminating all forms of discrimination. In terms of legislation, the Peruvian Constitution, which entered into force in December 1993, proclaims the right of all persons to equality before the law, indicating that no one shall be subjected to discrimination on grounds of origin, race, sex, language, religion, opinion or economic status or other grounds. One of the first provisions of the current Civil Code states that "Men and women shall have equal opportunities for the enjoyment and exercise of civil rights.

The report also notes that with the entry into force in July 1993 of the Code of Civil Procedure, a series of provisions restricting the commercial activity of married women were annulled. Although they had been considered tacitly annulled since the entry into force of the Constitution of 1979, which established equality between men and women, the texts of those regulations continued to be reproduced as if they were still in force until they were explicitly declared null and void.

According to the report, the Code of Children and Adolescents, approved in December 1992, has been a major step forward in the protection of minors and of women as the mothers of minors and adolescents. Throughout the legislation, there are provisions indicating that the woman is not without legal protection. The legislation states that "Under the present Code, the obligation to care for the child or adolescent is deemed to fall upon the mother and family of such child or adolescent." The report says this provision is the cornerstone of the protection of women. Under it, any assistance provided to a minor extends to the mother and to the minor's family.

On the employment of women, the Constitution contains a provision that the State shall provide special protection to mothers, says the report. Legislation has been adopted in favour of women, in general, providing them with certain benefits. However, the reports says that increased and improved integration of women into the labour market must be pursued by promoting access to essential economic instruments, such as loans and technology and the modernization of the legal framework to achieve equality of opportunity and treatment. It is also necessary to establish job training policies that expand labour opportunities for mothers and promote their integration into dynamic branches of the economy, and that improve the training of women who are unemployed or underemployed.

The report says a legal framework must be established to guarantee the integration, stability and job promotion of both sexes under conditions of equality of opportunity. This might comprise legislation on gender discrimination in employment, the creation of protection and monitoring mechanisms to guarantee equal pay, the development of new job descriptions in line with the principle of equal pay for equal work, and the consolidation of protection and monitoring mechanisms so that existing regulations protecting the rights of women are implemented.

Peru's objective in educational policy regarding women is to eliminate illiteracy and women's disadvantages compared to men in access to education at all levels, says the report. The aim is to better integrate women into economic, political and social life, using integrated literacy programmes that have an impact on job training for women, and to prepare them to take on responsibilities in daily life.

Regarding the political participation of women, a number of feminist non-governmental organizations (NGOs) at the local and national levels are working for the advancement of women and serving as advisers for feminist grass-roots organizations. They are also involved in the dissemination of information and coordination with societal and State institutions. There are also a variety of women's grass-roots organizations working in food aid, whose common feature is collective action for the purchase, preparation and daily distribution of foodstuffs, with a view to reducing the cost of feeding a family. They also function as centres for socializing, training and, in some cases, income generation.

According to the report, the substantive role played by such grass-roots organizations in tackling the problem of food provision for large sectors of the population is acknowledged by society and by the State. Because of the work done by feminist organizations and the success of women in grass-roots organizations, women have gained visibility on the public scene, yet a ceiling has been created for access to positions of power within traditional institutions: women have remained absent from the leadership of trade unions, political parties and other classic power structures.

Concerning the situation of women in rural areas, the report states that one third of the total female population resides in rural areas, situated primarily in the Sierra region and the jungle. It is in these regions that the social and economic disadvantages are the greatest, and that the chronic problems of cultural, social and political isolation are most powerfully manifested. Poverty and ethnic and cultural disparities are not confined to rural areas, however.

The report says that owing to the terrorist violence that has swept over the country, in rural areas -- particularly in the emergency zones -- women have taken on positions of authority in their communities as a result of the massive migration, disappearances and deaths of their husbands and sons. In addition, organized into peasant's patrols, many women have actively participated in the defence of their communities.

Terrorism has resulted in the murder, torture, rape and displacement of women, says the report. The main arena of such violence has been the southern Sierra and central parts of the country; in the jungle, it has been compounded by the impact of drug trafficking, and seriously affects not only peasants but also the indigenous population.

The report says the principal agent of violence has been the terrorist group known as the Communist Party of Peru -- Sendero Luminoso. Although the number of women who have been killed by terrorists makes up only 6 per cent of the total victims -- around 1,000 women in the years 1982 to 1993 -- women suffer the impact of terrorism in other direct ways. It is estimated, for example, that at least 120,000 families (approximately 600,000 individuals) have been displaced over the past 12 years. Seventy-eight per cent of heads of displaced families are women.

Domestic and sexual violence remain the most serious manifestations of violence against women, says the report. The report notes that in 1993, the women's police office in Lima recorded 4,500 complaints of physical abuse of women by their spouses. In other cities, there have been half as many complaints or less, a function partly of their smaller populations, but also of greater difficulty of access to institutions where complaints may be lodged. Available statistics reflect only a portion of the cases of domestic violence: it is estimated that only one fifth of the women subjected to violence submit complaints about it. Eighty-three per cent of the complainants are aged 20 to 39, and 69 per cent are from lower income groups. Although violence affects women from all social strata and employment situations, those who have no independent income are at greater risk of mistreatment.

An important step forward from the legal standpoint is the 1993 adoption of the Domestic Violence Act, which has no precedent in Peruvian legislation, says the report. It was proposed and negotiated by women parliamentarians and feminist institutions, which worked together from the late 1980s. The first women's police office was established in 1989, and others have been set up in seven departments at the initiative of the women's movement.

The reports says the central objective is the eradication of domestic violence through a number of means: educational and consciousness-raising campaigns; introduction of effective legal mechanisms for victims and treatment for aggressors; establishment and reinforcement of police commissioner's offices for women; institution at the municipal level of temporary shelters; training of members of the police force, prosecutors and judges; and investigation of the causes of domestic violence.

Peru's progress in areas relating to other articles of the Convention, such as the modification of social patterns, steps taken to abolish prostitution and rights to nationality and health care, were also covered in the report.

Introduction of Report

WILLIAM TORO, Vice-Minister for the Promotion of Women and Human Development of Peru, introduced his country's combined third and fourth reports. Progress had been made in the country's legislation, with laws being adopted to respond to the problems faced by Peruvian women and to ensure women's participation in the country's development. One such law provided that employment and education should not be based on discriminatory prerequisites, another expanded women's opportunities to attend schools for officers or non-commissioned officers in the armed forces. A new law had been enacted which defined women's rights to pre-and post-natal leave, as well as one providing that all lists of candidates
for Congress should include no less than 25 per cent of women.

The State was establishing institutional mechanisms to make the application of those laws viable, he said. Those included the Commission of Women, Human Development and Sports, which proposed legislation in support of women's rights and identified codes that were discriminatory or harmful to women. The Special Office for the Defence of the Rights of Women, established in 1996 within the Office for the Defence of the People, was a tool for protecting women's human rights. His own Ministry, he continued, had been established in 1996 to promote cultural change which supported equal opportunities for women and men in access to education, health and employment within a climate of peace and democracy.

As to programmes and services for women, the programme for Reproductive Health and Family planning for 1996-2000 guaranteed access for women and couples to contraception and family planning information, he said. Due to the high maternal mortality rate -- 265 deaths per 100,000 live births -- an emergency plan was being implemented to reduce, by the year 2000, that rate to 100 per 100,000 live births.

School aid had increased significantly, although education was not yet universal, he said. According to the 1993 school census, the number of boys and girls in school was now almost equal. However, women comprised 72 per cent of the country's illiterate. To address that, the Ministry for the Promotion of Women had established literacy programmes reaching 500,000 persons in 1997, of whom 97 per cent were women.

Regarding family planning services, he said the provision of coverage had increased from 57 of all women in 1991 to 64 per cent in 1996. There had been an increase in the use of modern methods of birth control, while the national fertility rate had dropped. In 1996, urban women had an average of 2.8 children, while rural women averaged 5.6 children.

It was important to recall that for 10 years, Peru had been suffering from the phenomenon of terrorist violence, he said. That had resulted in forced displacement and migration towards major cities. Women had suffered the most from those trends. The Ministry for the Promotion of Women, through its programme of support for developing emergency areas and repopulation, was encouraging people to return to their places of origin. Between 1995 and 1997, organized returns had led to the return of some 12,838 persons, primarily women, to 121 communities. He concluded by expressing his Government's firm commitment to implementing the Convention on the Elimination of Discrimination against Women.

Response to Questions

To a question on definition of discrimination and measures to eliminate it, Mr. TORO said the Ministry for the Promotion of Women and Human Rights had been established in 1996 to achieve significant cultural change which allowed men and women shared opportunities as owners of their own fates. The Ministry worked to promote equitable opportunity in access to education, health and work; strengthen participation of women and family in the society and in development programmes in the struggle against poverty; and to provide and implement policies to avoid risks to children and assist those who were exposed to them.

He said the situation for women in Peru had advanced in terms of education and labour, and, to a lesser extent, in the political arena. However, the structural inequity that had been a long-standing characteristic of Peru was still to be seen and geographical inequities remained.

New laws had extended equality of opportunities to women in education and work, and had led to greater protection of children, he said. A women's commission in the Congress promoted new legislation and identified existing legal provisions which limited equality. A ministry of the Presidency ensured coordination and continuity between national programmes, such as for literacy and home-help. Overall, the ministry was working to establish the structure that promoted the participation of women in the community. For example, in making changes regarding property ownership issues, the views of non-governmental organizations (NGOs), agencies and civil society were taken into consideration.

Further, the Government had signed agreements with five major universities in Peru to carry out national research and develop programmes to counter domestic violence. The primary aims of that programme were prevention and providing access to services for victims. Health and family planning were also major points of focus for the Government, he said. The primary causes of women's death in Peru were complications related to child-bearing. Better access was needed to family planning, to facilities, to equipment and to education. For example, in some areas in Peru, teen-age pregnancy was part of the culture. Nationally, 9 per cent of adolescents, between the ages of 15 and 19 became pregnant. In rural areas, more than 15 per cent of adolescents became pregnant before age 19.

Information campaigns, aimed at both men and women, were a major tool for bringing about changes in equality of women, he said. State institutions, police and teachers were also targeted.

ELENA CONTERNO, Human Development General Manager of the Ministry for the Promotion of Women and Human Rights of Peru, said poverty was a major concern of the Government. The Government's programme to improve the situation was impressive, poverty was still vast. The present emphasis was on eliminating the conditions that affected poor women in particular, which involved a strategy to eliminate extreme poverty.

The Government had devised a plan to reduce extreme poverty in the country by 40 per cent before the year 2000, she said. Reaching that goal would entail empowering women to encourage their participation in development. The programme would focus on vulnerable groups, children under the age of 5 and breastfeeding mothers. There would be supplementary support programmes such as reproductive health programmes focusing on teens and impoverished families. There was already a national programme providing food assistance, credit and canteens. The emphasis would be on improving the income capability of women, for example, increasing their productive capability through technical access. There would also be a prioritizing of needs in terms of health, education and justice.

For 10 years, Peru had suffered from terrorist violence, and the population shift was mainly towards the cities, Mr. TORO said. Many of those people, known as the "misplaced" had been forced to abandon their homes. To encourage their return to their homes, his Ministry was working to provide them with emergency support. The goal was to encourage return by creating favourable conditions for development.

Women in that "misplaced" condition had suffered more than others, he said. The Ministry was assisting some in resettlement to better places. Between 1995 and 1997, there were 49 return enterprises, with a focus on creative productive structures and activities. The objective was to get families working together in their own communities and to give special assistance to women heads of families. Studies had already shown that quality of life was an important factor for indigenous women, especially those who had suffered from terrorism. There were long-term investment aspects, such as promoting studies on the role of women in development.

In the "emergency zones", where people were being relocated to promote national peace, the provision of those measures had many requirements, he said. Modules had to be devised for providing energy, food, medicines, tools, seeds and all elements to promote reintegration. It also included provisions for housing, drinking water and health services, in cooperation with executive boards of communities. Community support was vital and the participation of women was egalitarian.To questions on article 4 relating to temporary measures to accelerate de facto equality between men and women, he said a series of provisions in the labour code provided protections for pregnant women and mothers. Efforts had been taken to reduce illiteracy rates, which affected women more than men. In 1996, women's illiteracy was estimated at 15.5 per cent, compared to the male rate of some 5 per cent. In the same year, illiteracy of urban women was at 8.1 per cent; among rural women 37.5 per cent; and among indigenous women, about 45 per cent.

The Ministry of Education was promoting gender equity and seeking to enhance the value placed on the role of women in the family and social spheres, he said. It had developed curricula for population education with a gender perspective, to promote awareness among students. To raise awareness among educators, NGOs had been contracted to provide training. In 1996, over 14,000 primary and secondary school teachers had been trained.

Turning next to questions on article 5 on social and cultural partners leading to stereotyped roles, he said that women continued to perform the traditional roles of child-rearing and domestic work. To address this situation, a number of State programmes had been implemented, promoting equal opportunities in different careers.

Ms. Conterno said family violence was long considered a private problem in Peru. Statistical evidence was not collected. However, women's rights organizations had persistently fought to recognized and preventive action taken. As of the 1980s, domestic violence began to be seen as a social problem, despite the scant number of reports. In 1988, the first Commissioner's Office for Women was established, and in 1993, the family violence law was passed. In February 1998, regulations had been adopted to determine the faculties and functions of professionals involved in legal processes related to domestic violence. Reports of physical and psychological abuse had dramatically increased between 1995 and 1996. The State provided free medical care for victims of violence as requested by the police or judicial professionals.