they were dismissed because of overstaffing pursuant to [Law No. 26093]; therefore, there is nothing in the
record to show a violation of the constitutional rights invoked.65”
C.
Initiatives by the Peruvian State to provide reparation for the collective dismissals
67.
With the swearing in of the transition government in 2000, laws and administrative
provisions were enacted requiring the review of the collective dismissals in order to afford the dismissed
public-sector workers the possibility of demanding their rights. The special committees of review created
under this legal framework concluded that thousands of workers were arbitrarily dismissed.
68.
the following:
On May 22, 2001, Law No. 27452 was published in the Official Gazette El Peruano and stated
Article 1.- Purpose of the Law
A special committee is hereby established to review the collective dismissal proceedings
conducted between 1991 and 2000 at the state-owned companies that underwent a private
investment promotion process in any of the forms of investment promotion encompassed
within the scope of Legislative Decree No. 674, as regulated or amended.
69.
June 21, 2001 saw the promulgation of Law No. 27487, which provided as follows:
Article 1.- Decree Law No. 26093 […,] Law No. 25536[, …] and any other specific norms that
authorized collective dismissals under reorganization processes are annulled.
Article 3.- Within 15 calendar days of the date on which this law comes into force, public
institutions and agencies […] shall establish Special Committees composed of
representatives of the institution or agency and of the employees, responsible for reviewing
the collective dismissals of employees under the personnel evaluation procedure conducted
under Decree Law No. 26093 or in reorganization processes authorized by a specific law.
Within 45 calendar days of their installation, the Special Committees shall prepare a report
containing the list of the employees who were dismissed irregularly, if there are any, and
also the recommendations and suggestions to be implemented by the Head of the sector or
local government. ...
70.
Supreme Decrees 021 and 022-2001-TR established the “terms of reference for the
composition and operation of the Special Committees responsible for reviewing the collective dismissals in
the public sector.66
71.
December 12, 2001, saw the publication of Law No. 27586. It established that the deadline
for the Special Committees to conclude their final reports was December 20, 2001. The Law also created a
Multisectoral Commission composed of the Ministers of Economy and Finance, Labor and Social Promotion,
the Presidency, Health, and Education, as well as by four representatives of the provincial municipalities and
by the Ombudsman, or their respective representatives. This Multisectoral Commission would be:
... responsible for evaluating the viability of the suggestions and recommendations of the
Special Committees of the entities included within the sphere of Law No. 27487, and also for
establishing measures to be implemented by the heads of the entities and for the adoption of
supreme decrees or the elaboration of draft laws, taking into consideration criteria relating
to administrative efficiency, job promotion, and reincorporation in the affected sectors; if
necessary, it would be able to propose reinstatement, and also the possibility of a special
65 Annex 41. Constitutional Court judgment of November 19, 1999. Enclosed with the petitioners’ communication of
September 8, 2000.
66 I/A Court H.R., Case of the Dismissed Congressional Employees (Aguado-Alfaro et al.) v. Peru. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 24, 2006. Series C No. 158, par. 89.33.
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