E/CN.4/2005/85/Add.4
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70.
Broad sectors of the population, particularly young people, see emigration as the
only solution to unemployment and poverty. Peru’s economic growth in recent years has
not yet been reflected in any significant improvement in the labour market that would
enable young people to find work or that would reduce unemployment or the size of the
informal sector. There continue to be large areas of the country where social neglect and
political indifference, force the population to seek work in neighbouring countries as a
survival strategy.
71.
The Government is aware of the dimensions of the phenomenon and the problems
caused by the mass departure of its citizens, many of them without the necessary papers.
The Special Rapporteur encourages the Government to complete the ratification of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and to consider ratifying ILO Conventions Nos. 97 and 143.
72.
The Special Rapporteur also encourages the Ministry of Foreign Affairs to continue
to promote bilateral agreements on migration and the implementation of the activities
scheduled in the short and medium term. She encourages the Government to be proactive
in defence of the rights of Peruvian emigrants in regional and international consultations
on the management of migration.
73.
The irregular situation of many Peruvian migrants abroad results in considerable
restrictions on the exercise of their rights. The Special Rapporteur considers that the
discrimination and abuse suffered by Peruvian emigrants should be energetically
combated by the institutions of the Peruvian State. She encourages the Government to
continue working on the reform of its policy for the protection, assistance and promotion
of Peruvian communities abroad, to implement it through its diplomatic and consular
offices and to reinforce the image of the consul as a public servant. Migration policies can
be ameliorated, inter alia, through contributions from social partners, NGOs and
academics.
74.
Peruvian consular officials need to have appropriate training to be able to ensure
the protection of the human rights, including the labour rights, of their fellow citizens
abroad, irrespective of their migratory situation. The Ministry of Foreign Affairs should
attach due importance and relevance to consular work and should adapt the curriculum of
the Diplomatic Academy to reflect reality in Peru today. The Ministry should adopt such
measures as it may deem necessary to provide consular offices with the human and
material resources needed to ensure access to effective consular protection. The Ministry
should consider providing for employment attachés in its consular offices to assist and
protect the labour rights of Peruvian migrant and border workers.
75.
The Special Rapporteur considers that the advisory councils are an important step
forward in consolidating the new policy for the protection, assistance and promotion of
Peruvian communities abroad. She proposes a revision of the regulations governing the
councils which are proving difficult to implement, in order to make the most of the
opportunities provided by these important forums for dialogue.