A number of events in the past few months have provoked serious concern of a widespread backlash against sexual and reproductive health and rights in Peru. While recent declarations by government officials appear to support these rights, local women's organizations urge the women's health movement

One such occasion is the announcement of Peruvian Minister of Health, Fernando Carbone, of his intent to bring a lawsuit against former president Alberto Fujimori for genocide. Carbone's actions are based on a report prepared by the Subcommittee to Investigate Persons and Institutions Involved in the Actions of Voluntary Surgical Sterilization. This report states that under Fujimori's leadership from 1996 to 2000, more than 200,000 women in the poorest areas of the country were sterilized without their consent or coerced through the use of various incentives. The committee also found that that only 10% of the 314,967 Peruvians sterilized under this campaign had given their fully informed consent to the procedure.

The U.S.-based Center for Reproductive Law and Policy (CRLP) -- one of the first organizations to denounce these actions at an international level -- initially expressed satisfaction with this official recognition of the previous government's violation of women's sexual and reproductive rights. However, CRLP also expressed some very serious and well-founded fears that this measure may be part of a conservative strategy to limit the options of family planning in Peru, rooted in the Catholic Church's influence on leaders in the current government. These officials are exerting pressure for greater restrictions on the availability of contraceptives, especially surgical sterilization. This method was only legalized in 1995 and is currently the fourth most frequently used form of contraception in the country.

The Centro de la Mujer Peruana "Flora Tristan" was the first local institution to denounce the violation of the reproductive and sexual rights of many women who were coerced into having tubal ligations. However, Flora Tristan disagrees with the Ministry of Health regarding the number of women affected and emphasizes that these accusations must not result in the public health services' withdrawal of the safe and effective alternative of voluntary surgical sterilization. By effectively turning over surgical sterilization to the private sector, this backlash would most seriously effect Peru's poor: access to this safe, permanent method would no longer be an option or a right but once again a privilege of those with financial resources.

Officials of the Latin American Division of the United Nations Population Fund (UNFPA) share a similar concern regarding what they identify as the government's 'conservative agenda" in the area of family planning. Other evidence suggests that these fears are well-founded. For example, the Minister of Health delayed the incorporation of emergency contraception onto the list of methods offered in the public health care system, despite the approval of an inter-ministerial regulation to make these options available. The Ministry finally announced that EC would not be offered at all. In light of this situation, Flora Tristan and DEMUS have lodged a formal complaint, demanding the Ministry fulfill its legal obligation to comply with its own regulation.

* To send letters of support or for more information, visit the website of the Centro de la Mujer Peruana "Flora Tristan" -- ww.flora.org.pe

In addition, there are reports of family planning services charging money for the delivery of contraceptive methods which are supposed to be provided free of charge. Other public health clinics have allowed for a "conscientious objector" clause which permits health care professionals to refuse to distribute contraceptive methods to women if they claim that such an act would constitute a violation of their principles.

The process of Constitutional reform in Peru has also threatened women's hard-won rights. Of particular concern is the state's obligation to provide educational and informational programs on sexuality and contraception and a wide range of safe, modern contraceptive methods. Fortunately, the right to therapeutic abortion in the case of endangerment to the woman's life or health (art. 119 of the Penal Code, dating from 1991) was maintained, despite heated debate. Nonetheless, at least 250,000 (and as many as 350,000) clandestine abortions are performed each year in Peru, at great risk to women's health and lives.

In addition, while freedom to choose one's sexual orientation has been recognized by the Peruvian government, this right is also being threatened. Despite active lobbying efforts by the Frente por el Derecho a ser Diferente (FREDIF, Front for the Right to Be Different), "sexual orientation" still has not been officially incorporated as a category protected from discrimination. However, Peruvian women did enjoy a victory in the approval of a law against inequality which proclaims that "all individuals have the right to be equal before the law and to equal opportunities and treatment, and all forms of discrimination that prevent or hinder the recognition, enjoyment or exercise of these fundamental rights are prohibited."

Women's Ministry Needs Support

At the same time, a wide variety of women's organizations in Peru have developed campaigns emphasizing the urgent need for regional and international solidarity in support of the Women's Ministry, which could play a significant role in the advancement of women and the promotion of gender equity in public policy. However, in light of the Ministry's success in promoting progressive policies concerning the rights of women, the government decided to restructure it as the Ministry of Women and Social Development which will have two vice-ministers, one for each area.

By watering down the Women's Ministry and effectively demoting the previous Minister to Vice-Minister, the government may intend to limit the Ministry's real capacity for action and attention to the demands and needs of women may suffer serious setbacks.

* For more information, visit the websites of the Centro de la Mujer Peruana "Flora Tristan" - www.flora.org.pe; CLAD EM - www.cladem.org; or the Center for Reproductive Law and Policy - www.crlp.org.