IDP Laws and Policies: Peru
Law Concerning the Internally Displaced, April 2004 (Law No. 28223)
Purpose: To recognize the status of ‘displaced person’ and define the rights and guarantees of the displaced during all phases of displacement. In this regard, the Law aims to adapt the Guiding Principles on Internal Displacement to the reality and national legislation of Peru (Art. 1).
Responsibilities: The Ministry of Women and Social Development is responsible for advising, training and caring for the displaced population (Arts. 21, 22), including the creation and maintenance of a Consolidated Register of the displaced (Art. 23). The National Police of Peru and Armed Forces are responsible for providing security for the displaced, including during displacement, return or resettlement (Art. 18).
Content: In contrast to the definition of ‘internally displaced persons’ contained in the Regulation (see below) the definition contained in Article 2 of the Law only refers to displacement as a result of armed conflict, generalized violence or human rights violations. The primary responsibility of the state to provide humanitarian protection and assistance is recognized (Art. 4) as well as the right to voluntary return and resettlement (s. VI).
Other provisions of note include:
- Contribution of displaced persons to communal work of their own or host communities (Art. 6);
- Humanitarian assistance not to exceed six months, except in special circumstances (Art. 10).
Regulation on the Law Concerning the Internally Displaced (2004)
Purpose: To given legal definition to the rights and guarantees of internally displaced persons identified in the Law Concerning the Internally Displaced (Law No. 28223).
Responsibilities: In accordance with the Regulation and Law, the Ministry of Women and Social Development is responsible for developing and supervising policies on prevention and attention to the internally displaced, as well as advising and training the displaced (Art. 20).
Content: The Regulation in many cases restates the provisions of the Law. Exceptions include the definition of an ‘internally displaced person’ which includes an exclusive list of the causes of internal displacement (Art. (1)). Chapter II details the rights of the internally displaced, based largely on international human rights and humanitarian law, including with reference to:
- Access to documentation (Art. 6(b));
- Prohibition on using internally displaced persons or their property in order to protect military objectives (Art. 6(h));
- Protection from forced recruitment (Art. 6(j));
- Protection from internment and confinement in camps, unless in exceptional circumstances (Art. 6(n)).
Chapter IV defines ‘humanitarian assistance’ (Art. 12) and details the obligations of the authorities in relation to providing humanitarian assistance (Arts. 13-19). Chapter V identifies capacity building programs necessary in order for the Ministry of Women and Social Development to effectively discharge its responsibilities, including training of staff (Arts. 22 – 23). Finally, Chapter VII relates to the National Register of Internally Displaced Persons. Article 42 limits access to the information contained in the Register in order to protect the personal security and right to privacy of people on the register.