In March, the Peruvian human rights ombudsman (Defensoría del Pueblo) released its latest report, ‘Treatment of Foreign Persons in Peru’ amid growing media reports of arbitrary discrimination against them by officials of the National Migration Superintendent’s Office (SNM). Legal proceedings against the SNM by individuals allege serious human rights violations, xenophobia and other discriminatory practices.

The ombudsman’s report documents 167 complaints, involving 214 individuals with 11 percent of these being children or adolescents. Almost half of these cases involve individuals married to a Peruvian, another 10 percent concern persons married to a foreign resident living in Peru. In some instances, the SNM has permanently expelled individuals without regard for their length of stay in Peru or their family situation. The report highlights that this affects a broad cross-section of Peruvian society, as well as victims of illegal human trafficking and humanitarian disasters.

This growing scandal is having a negative impact on the country’s international image. Peru is an important transitory hub in the region and home to more than 100,000 foreigners. However, it is a net exporter of migrants, with an estimated 3 million Peruvians – 10 percent of the population – currently living abroad throughout the region. Abusive practices at home could jeopardise the situation of compatriots living abroad.

In a rare instance of agreement between the ombudsman and executive, the Vice-President, Marisol Espinoza, presented a legislative project last month before Congress to guarantee “the fundamental right of unity and familial integrity for foreigners in our country”. The law proposes to speed up normalisation of residential status for individuals who currently lack the necessary authorisation (exempting those who have committed a crime) and offers an amnesty to all individuals liable for expulsion up to the end of 2014.

However, the Ombudsman is pushing the government to completely overhaul the migration laws. These currently exclude unmarried children and those cohabiting from the definition of the family unit, a violation of their right to equality and non-discrimination which is out of step with the Peruvian Constitution. The Ombudsman, Eduardo Vega, goes further, arguing that “Peru requires an internal migration policy which is respectful of human rights. Economic growth, globalisation, and humanitarian crises continue to propel thousands of persons to migrate and the country must guarantee the rights of migrants” (http://elcomercio.pe/lima/ciudad/defensoria-pueblo-pide-nueva-ley-extranjeria-noticia-1796781).