E/CN.4/2005/85/Add.4
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36.
The Ombudsman reported that an inter-institutional cooperation agreement had been
signed on 19 January 2004 between the Ministry of Foreign Affairs and the Ombudsman’s
Office to defend the fundamental rights of Peruvians abroad. This agreement enables the
Ombudsman’s Office, at the request of the Peruvian consular offices and in coordination with its
counterparts in the host country, to collaborate with the Ministry of Foreign Affairs when
Peruvian citizens require humanitarian or legal support. For its part, the Ministry undertakes to
install letter boxes in the consular offices to receive complaints addressed directly to the
Ombudsman’s Office. This initiative enables the latter to receive first-hand information about
problems that Peruvians may have in their relations with the consular offices and the authorities
in the host country. In the first case the complaints are transmitted to the Ministry of Foreign
Affairs and in the second the Ombudsman’s Office contacts its counterpart in the host country.
The Ombudsman’s Office has set up a system for doing this, and already had agreements with
the ombudsman’s offices in Argentina, Bolivia, Colombia and Ecuador and with human rights
NGOs in Chile.
37.
The Ombudsman’s Office has been informed of cases of young Peruvian girls being
ill-treated and sexually abused (in Switzerland); Peruvians deprived of liberty and not given legal
assistance (in Colombia) or refused humanitarian assistance by the consulate (in Ecuador);
non-compliance with the duty of consular protection (in Switzerland); ill-treatment and
discrimination in attending to Peruvians in consular offices, processing delays, high consular
fees and a lack of interest in the situation of Peruvians living within the jurisdiction of the
consulates (in Argentina and Switzerland); and irregularities in the election of the advisory
councils (in Spain and Switzerland).
38.
The Ombudsman’s Office promoted the adoption of the Declaration of the Andean
Council of Ombudsmen on the protection and promotion of the rights of migrants in the Andean
region, signed in Lima on 2 February 2004. In this document, the ombudsmen of the subregion
expressed their concern at the situation of the migrant population in the countries of the
subregion; reiterated their willingness to cooperate in dealing with violations of the human rights
of migrants; and expressed their desire to coordinate their activities with the consulates with
regard to the protection of migrants and to supervise the conduct of the former closely. They
also expressed concern at the discriminatory treatment of migrants and refugees from the
subregion in the industrialized countries, and their desire to establish an Andean ombudsmen’s
network for the rights of migrants so that the ombudsman’s offices could serve as an
intermediary between the State and the migrant.
39.
The chairman of the Congressional Foreign Affairs Committee reported on the activities
of the working group on Peruvians abroad. This group had proposed the establishment under the
Electoral Act of a special electoral district for nationals abroad, so that they could vote for their
own representatives, either as voters enrolled in their district of origin or through the creation of
a special district. The working group is behind the Migration Incentives Act16 which, pending
the adoption of the appropriate regulations for implementation, offers economic benefits to
Peruvian migrant workers returning to Peru, such as a customs exemption for the import of
household goods, a vehicle and professional tools. Other projects being developed include the
organization of associations of family members of Peruvians abroad, which could propose