IACHR refers case to IA Court concerning irregular dismissals of Petroperú workers in Peru

July 8, 2025

Washington, DC—On June 6, 2025, the Inter-American Commission on Human Rights (IACHR) referred Case 11.602B concerning Peru to the Inter-American Court of Human Rights (IA Court). The case involves the irregular dismissals of workers from the state-owned company Petróleos del Perú (Petroperú) from 1992 onward, a period marked by the breakdown of democratic order in the country. The case was originally brought before the IACHR in February 1996.

As part of the economic reforms promoted by the Peruvian government in the 1990s, Petroperú workers were dismissed irregularly under Decree Law No. 26120, which authorized workforce reduction plans in state-owned enterprises. The workers in question were informed that they would need to accept voluntary retirement in order to remain with the company. Those who refused to do so were dismissed. The union reported a lack of due process during these procedures, but these concerns were not addressed by the country's labor authorities.

Given the authorities' failure to respond, the union filed legal actions challenging both the dismissals and the workforce reduction plan. However, these efforts were ultimately unsuccessful. Although mechanisms were introduced starting in 2000 to review collective dismissals and recognize the arbitrariness of thousands of job terminations, the victims in this case were never offered reparation or compensation for the harm they endured.

In Admissibility and Merits Report No. 396/20, the IACHR noted that the IA Court had already ruled on similar events in the case of Dismissed Petroperú Workers and others v. Peru. In that ruling, the IA Court analyzed collective dismissals carried out by Petroperú during the 1990s and concluded that the State had violated the rights to judicial guarantees, judicial protection, and work. The IACHR found that Case 11.602B occurred within the same historical, legal, and structural context as the dismissals that the IA Court has already addressed, involving comparable cases of unjustified dismissal. Based on that precedent, the IACHR concluded that the Peruvian State is responsible for the same human rights violations in this case.

The IACHR also noted that the State acknowledged possible irregularities in the dismissal procedures in question and later adopted measures to review collective public-sector dismissals. However, these measures did not cover the victims of Case 11.602B, and no explanations were provided as to why they were excluded. The IACHR found no evidence that effective remedies were made available to protect the victims' labor rights, a particularly serious shortfall given that the employer in question was a state-owned enterprise.

In light of these findings, the IACHR concluded that the Peruvian State is responsible for violating the rights set out in Articles 8.1 (judicial guarantees), 25.1 (judicial protection), and 26 (right to work) of the American Convention on Human Rights, in relation to the obligations established in Article 1.1 of the same instrument.

Accordingly, the IACHR requested that the IA Court mandate the following reparations:

1. Provide full reparation for the human rights violations found in the case, in accordance with the standards set out by the IA Court in the ruling on the case of Dismissed Petroperú Workers and others v. Peru. Specifically:
   1. Payment of US$43,792 to each of the victims in this case for loss of income resulting from their dismissal. If any victim has already received financial compensation under Law 27803, the amount received may be deducted from the total.
   2. Payment of US$5,000 for moral damage, in recognition of the lack of an appropriate judicial response by the State, the time that has elapsed since the dismissals, and the violation of the right to work.
   3. Payment of legal costs and expenses incurred by the victims' representatives in proceedings before the Inter-American System.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 136/25

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