The law provides that foreigners must respect the current regulatory framework, "especially with regard to the historical and cultural legacy of Peru".
The law provides that foreigners must respect the current regulatory framework, “especially with regard to the historical and cultural legacy of Peru.”

Last Wednesday, February 15, through a publication in the Official Gazette El Peruano, the Congress of the republic enacted a migration law which establishes limits for the entry and transit of foreign citizens in Peru, as part of legislative measures in favor of citizen security. The norm has provoked the rejection of some institutions such as the Ombudsman’s Office.

With the promulgation of the opinion, articles 10, 45, 61 and 63 of the so-called Legislative Decree on Migrations. The change of the second of these is one of those that has generated the most controversy.

The modification of article 10 indicates that the foreign must respect the current regulatory framework, “especially with regard to the historical and cultural legacy of Peru, public order, internal order, national security, citizen security and sanitary and environmental regulations”.

Many migrant Venezuelan mothers go through difficult times.  (Reuters/Carlos Garcia Rawlins)
Many migrant Venezuelan mothers go through difficult times. (Reuters/Carlos Garcia Rawlins)

Meanwhile, the change to article 45 considers “generalities of the immigration control and indicates that “for reasons of national security, public health, internal order, public order and citizen security, the entry and transit of foreignersin accordance with the principle of proportionality and sovereignty”.

In addition, the amendment to article 61 establishes obligations for accommodation tenants. The norm indicates that foreigners must be required to have documents proving their immigration status as a requirement for rental contracts and the lessee must inform the National Superintendence of Migrations.

Pursuant to the changes approved for article 63, tenants who provide accommodation without providing the date of birth, full names and surnames, as well as the identity or travel document number of their tenants and do not send this information to migrationsThey will be penalized with fines.

The new standard establishes, as a complementary provision, that the Executive power adapt the regulation in a period not exceeding 30 calendar days.

Thousands of Venezuelans left their country for Peru to find better opportunities.  (Tomas Acosta/Dark Room)
Thousands of Venezuelans left their country for Peru to find better opportunities. (Tomas Acosta/Dark Room)

Percy Castledeputy for human rights of the Ombudsmanaffirmed that in the opinion of the institution, the one to which the law in question belongs “contains provisions that are unconstitutional.”

“What is being proposed is a laudable objective: to ensure and improve security, but the way in which it has been developed is absolutely incompatible with our constitution and international treaties,” he said.

He said that it is a law that instead of improving citizen security, what it is going to create is a black market rentalswhere the data will be hidden more and in the long run it will end up directly harming the migrants and refugees who are in Peru.

“And also, for example, to the people who rent real estate to them, who live by renting apartments, houses, etc. So it is a rule with an interesting horizon, but unfortunately its content is poorly developed, ”he said.

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