Peru

No Data

Immigration detainees

Not Available

Detained children

2017

2,529

Refugees

2018

33,000,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

22 July 2020

Police and Armed Forces Standing in the Street, (Getty Images,
Police and Armed Forces Standing in the Street, (Getty Images, "Coronavirus: 17 police officers die of Covid-19 in Peru," BBC News, 26 April 2020, https://www.bbc.com/news/world-latin-america-52432216)

Peru’s Ombudsman’s office (Defensoría del Pueblo), responding to the Global Detention Project’s Covid-19 survey, stated that to their knowledge, no one had been detained for migration reasons during the pandemic. They also noted that there is no formal immigration detention estate in the country.

After the declaration of the state of emergency in the country, Peru’s immigration authority (Superintendencia Nacional de Migraciones) suspended, for a duration of 15 days, administrative sanctions related to overstaying visas and residence permits and also for unauthorised entry onto the territory, through the Superintendency Resolution No. 100-2020. Consequently, deportations for these immigration offences were also suspended. The measure was subsequently extended by Superintendency Resolution No. 107-2020 until the end of the state of emergency. However, on 9 May 2020, Peru’s immigration authority voided the suspension through Superintendency Resolution No. 123-2020. According to the explanatory memorandum, this decision was made to allow the authority to “help mitigate actions affecting public order, national security, or the security of Peru’s citizens, by non-citizens in the country, especially during the state of emergency.”

The Ombudsman stated that there is no official information on the number of deportation orders issued by the country’s immigration authority since the lifting of the suspension of administrative sanctions. The only case that was reported through a press release was that of two Ecuadorian citizens who entered Peruvian territory irregularly through a plane that crashed in Tumbes (a border city between Ecuador and Peru), and were then expelled to Ecuador on 10 June.

While no new immigration or asylum policies have been adopted, certain measures to mitigate the impact of Covid-19 have affected the country’s immigration management strategies and the operation of Peru’s asylum system. As regards immigration management, Peru closed its borders on 16 March through Supreme Decree No. 044-2020-PCM, and with it, the suspension of land, aerial, and maritime transport. This measure means that, save for exceptional cases such as humanitarian flights between countries, the entry or exit of people (nationals and non-nationals) to and from the country is not permitted. In addition to the clear restrictions that this implies for the freedom of movement of migrants, the Ombudsman’s office identified that it could affect the right to seek asylum. Between 16 March and 21 June, no measures were reportedly taken by the government to guarantee access to the territory for asylum seekers. People who had entered the country shortly before the closure of borders, or who entered the country irregularly during the state of emergency, said that they did not know where to go due to the closure of national institutions.

From 22 June, the Special Commission for Refugees (Comisión Especial para los Refugiados or CEPR), the body in charge of the operation of the Peruvian asylum system, established an online platform for people to be able to conduct the following procedures: Apply for asylum; apply for the renewal of work authorisations for asylum seekers; filing appeals for reconsideration or appeal against a negative asylum decision; and applying for family reunification in cases of people with refugee status.

The CEPR has announced that they are working to move all procedures they are in charge of to online platforms as face-to-face meetings cannot be resumed at the moment. It is not yet known whether this system has had positive or negative effects upon the determination of refugee status. However, the Ombudsman is concerned that barriers to accessing the asylum system may arise due to the lack of access of asylum seekers to smartphones, laptops, computers, or the internet as well as the lack of knowledge on how to properly fill out the relevant applications.


26 June 2020

IOM Worker Handing Food Parcels to Migrants, (IOM,
IOM Worker Handing Food Parcels to Migrants, (IOM, "Perú y la ONU se Alían Para Ayudar a los Refugiados y Migrantes Venezolanos Afectados por el Coronavirus," UN News, 17 April 2020, https://news.un.org/es/story/2020/04/1473012)

The Covid-19 crisis has had a dramatic impact on Peru’s economic and social situation. As of 25 May 2020, Peru had recorded more than 260,000 cases and 8,586 deaths related to the disease, making it the Latin American country with most cases and deaths from Covid-19 after Brazil.

A report by the World Bank Group reported that Venezuelan migrants residing in Peru (around 830,000) are particularly at risk from Covid-19 due to several factors, including inadequate access to health and social services as well as loss of employment. The report stated that when falling ill, only 33 percent of Venezuelan migrants (compared to 48 percent of Peruvians) sought medical care in a health centre or a doctor’s office, mostly due to a lack of financial resources and insurance coverage. Many Venezuelan migrants in Peru work in the informal sector and due to the Covid-19 crisis have lost their employment and income, leaving many in a situation of extreme poverty.

UN agencies have distributed food parcels and water, provided by the private sector, to some 5,000 families in vulnerable situations. This was intended to cover essential needs during the sanitary emergency to avoid people going out to buy food. According to the IOM director in Peru, “more than 80% of the Venezuelan population in Peru works in the informal sector and that people live off daily income. After 25 days of compulsory social isolation, these persons are in great need of assistance.”

Migrants and refugees are being accommodated in overpopulated shelters. “Accion contra el Hambre” has been distributing food, water, and hygiene kits across the shelters as well as providing support to improve their sanitation infrastructure and hygiene conditions. The organisation has reported that Venezuelan migrants are suffering from increased xenophobia and that this vulnerable population has been left out of subsidy plans during the pandemic.

Certain measures have been taken to reduce the spread of Covid-19 within penal institutions. Peruvian authorities announced the creation of 60 temporary facilities to treat prisoners suffering from Covid-19 on 20 April and thousands of prisoners have been released since April. On 19 May, 933 prisoners were released, most of whom were at least 60 years old and had been sentenced for minor offences. The following day, the Minister of Justice announced that they expect to release approximately 10,000 prisoners on remand and at least 2,500 convicted offenders.

A riot took place on 27 April at the Miguel Castro Castro prison in Lima, which is severely overpopulated. Although it has a capacity of only 1,140 places, there are reportedly 5,500 prisoners. Three prisoners were killed following an operation led by the police and prison guards intended to regain control of the prison. As of 20 May, 2,800 members of staff (out of 11,000) and 3,212 prisoners (out of 96,870) were tested for the disease and 674 employees and 1,223 prisoners tested positive.


Last updated:

IMMIGRATION AND DETENTION-RELATED STATISTICS

Total number of detained minors
Not Available
2017
Criminal prison population
82,898
2017
45,464
2010
39,684
2007
31,311
2004
26,968
2001
26,059
1998
20,899
1995
15,718
1992
Percentage of foreign prisoners
2.1
2017
Prison population rate (per 100,000 of national population)
260
2017
154
2010
139
2007
114
2004
102
2001
103
1998
87
1995
69
1992
Population
33,000,000
2020
Refugees
2,529
2018
1,817
2017
1,590
2016
1,488
2015
1,303
2014
Ratio of refugees per 1000 inhabitants
0.05
2016
Total number of new asylum applications
4,328
2016
Stateless persons
0
2016
Total number of immigration detainees by year
Number of immigration detainees on a given day
Top nationalities of detainees
Number of persons granted alternatives to immigration detention
Number of detained asylum seekers
Number of detained unaccompanied minors
Number of detained accompanied minors
Number of detained stateless persons
Number of apprehensions of non-citizens
Immigration detainees as a percentage of total international migrant population
Estimated total immigration detention capacity
Number of dedicated long-term immigration detention centres
Estimated capacity of dedicated long-term immigration detention centres
Number of dedicated medium-term immigration detention centres
Number of immigration offices
Number of transit facilities
Number of criminal facilities
Number of ad hoc facilities
Number of persons removed/returned (voluntary returns and deportations)
Number of deportations/forced returns only
Percentage of persons removed in relation to total number of people placed in removal procedures
International migrants
International migrants as a percentage of the population
Estimated number of undocumented migrants
Refugee recognition rate

SOCIO-ECONOMIC INDICATORS

Pew Global Attitudes Poll on Immigration
51
2013
Gross Domestic Product per capita (in USD)
Remittances to the country
Remittances from the country
Unemployment Rate
Unemployment rate amongst migrants
Net official development assistance (ODA) (in millions USD)
Human Development Index Ranking (UNDP)
Detention for deterrence
Immigration Index Score
World Bank Rule of Law Index
Domestic Opinion Polls on Immigration

DOMESTIC LAWS AND POLICIES

Legal tradition
Civil law
2017
Constitutional guarantees?
Core pieces of national legislation
Additional legislation
Regulations, standards, guidelines
Immigration-status-related grounds
Non-immigration-status-related grounds providing for administrative detention in immigration legislation.
Does the country provide specific criminal penalties for immigration-related violations?
Grounds for criminal immigration-related detention/incarceration and maximum potential duration of incarceration
Has the country decriminalized immigration-related violations?
Maximum length for administrative immigration detention in law.
Longest recorded instance of immigration detention.
Maximum length of time in custody prior to issuance of a detention order
Average length of detention
Maximum length of detention for asylum-seekers
Maximum length of detention for persons detained upon arrival at ports of entry
Provision of basic procedural standards
Types of non-custodial measures
Impact of alternatives
Is the detention of vulnerable persons provided in law? Are they detained in practice?
Mandatory detention
Expedited/fast track removal
Re-entry ban

INTERNATIONAL LAW

Individual complaints procedure
Acceptance Year
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2008
2008
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2001
2001
CAT, declaration under article 22 of the Convention 1988
1988
ICERD, declaration under article 14 of the Convention 1984
1984
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1980
1980
Ratio of complaints procedures accepted
Observation Date
5/9
5/9
Relevant recommendations issued by treaty bodies
Recommendation Year
Committee on Migrant Workers "§31. take the necessary measures to guarantee that detention of migrant workers in an irregular situation is a measure of last resort and that detention in all circumstances is conducted in accordance with article 16 and article 17, paragraph 2, of the convention, and also with the committee’s general comment no. 2 on the rights of migrant workers in an irregular situation and members of their families. it also recommends that the state party should provide detailed information on this issue in its next periodic report, including the information mentioned in the previous paragraph." 2015
2015
Regional legal instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
ACHR, American Convention on Human Rights 1978
1978
IACPPT, Inter-American Convention to Prevent and Punish Torture 1990
1990
APACHR, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights 1995
1995
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1996
1996
IACFDP, Inter-American convention on Forced Disappearance of Persons 2002
2002
Visits by special procedures of the Human Rights Council
Year of Visit
Observation Date
Working Group on arbitrary detention 1998
1998
2015
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 2004
2004
2015
Special Rapporteur on the human rights of migrants 2004
2004
2015
Special Rapporteur on contemporary forms of slavery 2011
2011
2015
Relevant recommendations of the UN Universal Periodic Review
Observation Date
No 2008
2017
No 2012
Ratio of relevant international treaties ratified
International treaty reservations
Treaty bodies decisions on individual complaints
Regional treaty reservations
Regional judicial decisions on individual complaints
Recommendations issued by regional human rights mechanisms
Bilateral/multilateral agreements linked to readmission
Relevant recommendations by UN Special Procedures

INSTITUTIONAL INDICATORS

Federal or centralized governing system
Centralized or decentralized immigration authority
Custodial authority
Apprehending authorities
Detention Facility Management
Formally designated detention estate?
Types of detention facilities used in practice
Authorized monitoring institutions
Is the national human rights institution (NHRI) recognized as independent?
Does NHRI carry out visits?
Does NHRI have capacity to receive complaints?
Does NHRI publicly release reports on immigration detention?
Does national preventive mechanism (NPM) carry out visits?
Does NPM have capacity to receive complaints?
Does NPM publicly release reports on immigration detention?
Do NGOs carry out visits?
NGO capacity to receive complaints?
Do NGOs publish reports on immigration detention?
Do parliamentary organs carry out visits?
Do parliamentary organs have capacity to receive complaints?
Do parliamentary organs publicly report on their detention findings?
Do internal inspection agencies (IIAs) carry out visits?
Do IIAs have capacity to receive complaints?
Do IIAs publicly report their findings from detention inspections?
Do international and/or regional bodies (IRBs) visit immigration-related detention facilities?
Do IRBs publicly report their findings from inspections?
Types of privatisation/outsourcing
Detention contractors and other non-state entities
Estimated annual budget for detention operations
Estimated annual budgets for particular detention-related activities
Estimated cost per detainees day (in USD)
Estimated annual budget for non-custodial measures (in USD)
Estimated costs of non-custodial measures (in USD)
Does the country receive external sources of funding?
Description of foreign assistance