and as to whether the Roman Catholic Church enjoyed privileged treatment;
limitations on freedom of the mass media; and restrictions on the right to
vote imposed on the armed forces and the police. In the latter case, they
wished to know, in particular, what the Government was doing to ensure that
denial of voting rights did not alienate the armed forces and the police from
civil society. They also requested clarification of the statement in the
report that "in most cases, shutdowns, strikes or similar work stoppages have
been settled through ordinary legal procedures" and of the provisions of the
recent presidential decree authorizing certain powers of censorship in the
interest of national security and permitting the armed forces access to the
universities.
317. In addition, members wished to know whether there were displaced persons
in areas close to military activities and how the population in such areas was
protected; what type of acts were deemed by the Aliens' Act to contravene the
law, morals, decency and security of the State; and whether the prohibition
against expressing an opinion critical of the State would restrict the
constitutionally protected freedom of expression and whether that prohibition
extended also to those in power; what the functions were of the State
Intelligence Bureau; how the emergency powers relating to the abrogation of
existing collective agreements and the suspension of collective bargaining
processes had been applied and whether any compensation was paid to those who
had been affected by such abrogation of rights; how the detention under the
anti-terrorism law of two newspaper editors could be reconciled with respect
for freedom of expression.
318. As regards the right to privacy, members noted that existing provisions
in Peru seemed to contain no express prohibition against the use of electronic
devices for interfering with communications and asked what the Government's
response had been to the reported telephone taps placed on union leaders,
candidates for office and reporters. Members also wished to know whether
there had been any derogations from the inviolability of communications during
states of emergency.
319. In response, the representative of the State party said that the
Constitution established t&e right of any citizen to freedom of movement,
except where such movement was prohibited for reasons of public health. Ho
person could be expelled except by special mandate or by application of the
Aliens' Act. The expulsion of aliens was justified only in exceptional
cases. There were no procedures for the recognition and authorization of
different religious denominations and no preferential treatment was accorded
to the Roman Catholic Church. The equality enjoyed by different religious
denominations was reflected in the composition of the Peace Council, whose
members represented a wide range of religious beliefs and denominations. The
Constitution also guaranteed freedom of information, opinion and expression
and the diffusion of ideas without prior authorization or censorship or other
impediment. Newspapers, radio and television were entirely free to express
opinions highly critical of the Government. Any limitation on freedom of
expression was considered a crime. The right to strike had likewise been
established in the Constitution. Members of the armed forces and police on
active duty could not vote or stand for election, but upon their retirement
they regained their right to do so. No newspaper editors were being held
under the anti-terrorism law, but some unofficial leaders of the Shining Path
were being detained for the offence of advocacy of terrorism. The national
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