Protection of Indigenous Peoples’ Rights in Peru: An Analysis Within the Inter-American Human Rights Framework

This article examines the activities of the Inter-American Human Rights System in protecting the Rights of Indigenous Peoples in Peru. The analysis of Indigenous Peoples’ Rights is evolving alongside the practical activities of the system, significantly influencing the legal frameworks of American States and their Indigenous populations. While much of the existing literature focuses on the verdicts of the Inter-American Court of Human Rights in controversial cases, previous studies have often overlooked the contributions of the Inter-American Commission on Human Rights and the Inter-American Indigenist Institute. The article analyses specific cases, including “Cayara”, “Community of San Mateo de Huanchor and its members”, “Rural Community of Santa Barbara” and “Community of La Oroya”, highlighting how these cases have led to measures aimed at enhancing the effectiveness of the Indigenous Rights protection in Peru. In addition, it explores historical aspects of Peru's relationship with Indigenous Peoples’ law within the framework of the Inter-American system for Human Rights protection. While much attention has been given to the Inter-American Court of Human Rights’ ruling the case of “Rural Community of Santa Barbara”, an insufficient attention has been paid to the work of the Inter-American Commission regarding other cases and various ethnic rights, including gender-related issues and rights concerning voluntary isolation. Thus, this article aims to identify key elements and conclusions regarding standards of protecting the Rights of Peruvian Indigenous Peoples within the Inter-American System. In conclusion, it emphasizes that contemporary regulations governing these rights and fundamental freedoms must align with definitions established by the Inter-American Commission.

Keywords: American Declaration on the Rights of Indigenous Peoples; American Declaration of the Rights and Duties of Man; Indigenism; Inter-American Human Rights System; Inter-American Commission on Human Rights; Peru; Indigenous Rights