Freedom in the World 2017 - Peru

Year: 
2017
Freedom Status: 
Free
Political Rights: 
2
Civil Liberties: 
3
Aggregate Score: 
72
Freedom Rating: 
2.5

Overview: 

Despite a history of authoritarian rule, Peru has established democratic political institutions and undergone multiple peaceful transfers of power in recent years. Corruption continues to be a serious concern. Indigenous groups suffer from inadequate political representation and exclusion from decisions on land use and other issues, though the government has taken some steps to address those problems in recent years. Protests and activism related to land use have often led to violence and the use of lethal force by police. While the media are active and largely privately owned, their independence is hampered by the threat of physical attacks and defamation charges, as well as ownership concentration.

Key Developments in 2016: 
  • Pedro Pablo Kuczynski, a center-right former prime minister, narrowly won the presidency in a June runoff against Keiko Fujimori, the daughter of former authoritarian president Alberto Fujimori.
  • Fujimori’s Popular Force party won an absolute majority in the April congressional elections, taking 73 out of 130 seats.
  • A series of corruption scandals led to the resignations of Popular Force secretary general Joaquín Ramírez in May and three advisers to Kuczynski in October.
Executive Summary: 

Peru’s 2016 general elections were considered free and fair. The presidential race was hotly contested, with Keiko Fujimori leading a field of 10 candidates in the first round in April, then losing to Kuczynski in the June runoff by just 0.2 percentage points. However, Fujimori’s Popular Force party took 73 out of 130 seats in the April congressional elections, followed by the left-leaning Broad Front with 20, Kuczynski’s Peruvians for Change party with 18, and three smaller parties with the remainder. President Kuczynski assumed office in July.

International election observers expressed concerns about insufficient controls on campaign finances, including a lack of limits on spending by political parties. While the National Board of Elections (JNE) was applauded for its efforts to improve transparency, inadequate enforcement mechanisms led to the perception that abuse of campaign finance laws was widespread. Observers criticized the enactment of a 2015 reform to the Political Parties Law after elections had already been called, which caused confusion about which laws were in effect. However, the reform proved to be a useful tool for protecting electoral integrity, as the JNE effectively applied it in disqualifying two candidates, one of them for vote buying.

The conviction of journalists on charges of defamation reinforced concerns about outdated legal restrictions on freedom of expression in Peru. Among other cases during the year, Fernando Valenica was charged with libeling the former president, Alan García, and Rafael León was charged with defamation for publishing a piece in 2014 that was critical of a fellow journalist. They received fines and suspended jail sentences in April and May, respectively, though both sentences were later overturned on appeal. Separately, newspaper editor Ronald Daniel Ormeño was temporarily jailed in September for failing to pay damages in a libel case dating to 2013. Physical attacks and threats against journalists remained common; at least one journalist, radio host Hernán Choquepata Ordoñez, was murdered during the year, though the motive for the November killing was unclear.

Local disputes and protests—often related to extractive industries, land rights, and resource allocation among marginalized populations—regularly result in deaths and injuries. In September 2016, more than 50 indigenous residents of the Amazon province of Bagua were finally acquitted of murder and other charges stemming from deadly clashes between police and land-rights protesters in 2009. No state officials were prosecuted for their role in the incident.

Political Rights

Political Rights 31 / 40 (+1)

A. Electoral Process 11 / 12 (+1)

A1. Is the head of government or other chief national authority elected through free and fair elections?
A2. Are the national legislative representatives elected through free and fair elections?
A3. Are the electoral laws and framework fair?

  

B. Political Pluralism and Participation 13 / 16

B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?
B2. Is there a significant opposition vote and a realistic opportunity for the opposition to increase its support or gain power through elections?
B3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?
B4. Do cultural, ethnic, religious, or other minority groups have full political rights and electoral opportunities?

  

C. Functioning of Government 7 / 12

C1. Do the freely elected head of government and national legislative representatives determine the policies of the government?
C2. Is the government free from pervasive corruption?
C3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?

  

Civil Liberties

Civil Liberties 41 / 60

D. Freedom of Expression and Belief 15 / 16

D1. Are there free and independent media and other forms of cultural expression?
D2. Are religious institutions and communities free to practice their faith and express themselves in public and private?
D3. Is there academic freedom, and is the educational system free of extensive political indoctrination?
D4. Is there open and free private discussion?

  

E. Associational and Organizational Rights 8 / 12

E1. Is there freedom of assembly, demonstration, and open public discussion?
E2. Is there freedom for nongovernmental organizations?
E3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?

  

F. Rule of Law 8 / 16

F1. Is there an independent judiciary?
F2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?
F3. Is there protection from political terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?
F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?

  

G. Personal Autonomy and Individual Rights 10 / 16

G1. Do individuals enjoy freedom of travel or choice of residence, employment, or institution of higher education?
G2. Do individuals have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, political parties/organizations, or organized crime?
G3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?
G4. Is there equality of opportunity and the absence of economic exploitation?

  

Scoring Key: X / Y (Z)
X = Score Received
Y = Best Possible Score
Z = Change from Previous Year

Full Methodology

Explanatory Note: 

This country report has been abridged for Freedom in the World 2017. For background information on political rights and civil liberties in Peru, see Freedom in the World 2016.