It all started with a tweet where a lawyer would ironically send a message about whether a Peruvian with white skin can visit Machu Picchu, but a dark-skinned Cusco cannot enter the beach of the Lima Regatas Club in Chorrillos. “No, you can't. It's only for partners.” And then she answers herself: “But the beach is public for everyone.”
This tweet generated a whole discussion on social networks about the restrictions that exist in certain places. It is true, Law No. 26856 guarantees the public use of the beaches on the coast of the Republic. “This Regulation is mandatory in the coastal beaches of the Republic and in the area of restricted domain adjacent to them, as well as on the land adjacent to those areas.”
The standard describes the beach area as the beaches on the coast of the Republic, in accordance with article 1 of the Act, are public domain goods, and include the area where the coast has a flat topography and a gentle slope towards the sea, plus a strip up to 50 meters wide parallel to the high tide line.
In summary, it indicates that the entry and use of the beaches is free, “except in the cases expressly indicated in the Law”. What do you mean? The law has some exceptions. Only in cases where space is gained to the sea — through different techniques — are clubs or residents' associations not obliged to provide access routes to the visiting public.
“Under this article, the Regatas Club and other similar beaches are excepted, which, having not existed naturally, have won over the sea through protection and/or retention structures or the contribution of sand,” said Pablo Gómez Debarbieri, expert in the development and realization of beaches a few years ago in Peru21. In reference to these techniques it can be installing breakwaters, with geotextile tubes, among others.
Spokesmen for the Club Regatas told the same media that at its San Antonio beach headquarters, located at kilometer 96 of the Panamericana Sur (Cañete), “visitors can enter the sea through Cayma beach”.
However, it is clear that on other beaches it is mandatory to provide access roads to the sea for occasional visitors. “The law establishes that all clubs and developments must allow free passage to the beach, between urbanization and urbanization, even if these properties are located on non-riparian land,” he said.
BEACH WITHOUT DISCRIMINATION
Last January, the Executive Branch submitted a bill to Congress that seeks to include as an aggravating factor to the crime of discrimination, the circumstances in which the entry, use and enjoyment of beaches and other public domain property is prevented.
Bill 1155/2021-PE, which punishes discrimination in the entry, use and enjoyment of beaches and other public domain property, aims to amend article 323 of the Penal Code, entitled Discrimination and Incitement to Discrimination.
“Restricting access to beaches does not constitute a crime of discrimination when it is based on reasons of public health or national security (...) The configuration of the proposed aggravating factor always requires the commission of an act of discrimination (base type), the mere impediment of entering beaches or other public domain assets is not enough for its configuration”, he says.
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