Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

The Committee notes the Government's report and the comments made by the Federation of Workers of "Luz y Fuerta" on the application of the Convention, and recalls that its previous comments referred to the following:

- denial of trade union membership during the work probation period (section 12(c));

- the requirement of a high number of workers (100) to form trade unions by branch of activity, occupation, or for various occupations (section 14);

- the requirement that, in order to be eligible for trade union office (section 24), workers must be active members of the union (section 24(b)) and must have been in the service of the enterprise for at least one year (section 24(c));

- the ban placed on trade unions from engaging in political activities (section 11(a));

- the excessive restrictions on the right to strike, in particular sections 73(a) and (b), 67 and 83(g) and (j);

- the obligation placed upon trade unions to compile the reports which may be requested from them by the labour authorities (section 10(f));

- the power of the labour authority to cancel the registration of a union (section 20 of the Act), and the requirement that the union must wait six months after the cause of the cancellation has been remedied before re-applying for registration (section 24 of the Regulations); and

- the prohibition placed on public servants' federations and confederations from affiliating with organizations that represent other categories of workers (section 19 of Presidential Decree No. 003-82-PCM).

The Committee observes that the Government refers to the information in its previous report and provides no new information on the matters raised. It must therefore repeat its previous comments.

The Committee took note of the Government's comments concerning the ban on trade unions from engaging in issues of party politics (section 11(a)) to the effect that trade unions are under no prohibition from expressing their points of view as regards the social and economic policy of the Government and that, with respect to section 20, the definitive cancellation of the registration of a trade union is only possible by a decision of the judicial authority. The Committee requests once again the Government to supply information on the manner in which these provisions are applied in practice.

The Committee expresses the firm hope that the Government will shortly adopt the necessary measures to ensure that the legislation: enables workers to join organizations of their choosing during the probationary period; reduces the minimum number of workers required to form trade unions by branch of activity, occupation or for various occupations; enables workers to elect their leaders in full freedom; abolishes the obligation placed upon trade unions to compile the reports which may be requested from them by the labour authorities; abolishes restrictions on the exercise of the right to strike (particularly with regard to compulsory arbitration in the transport sector); lifts the prohibition placed on first-level federations of public servants from affiliating with confederations of their own choosing.

The Committee again requests the Government to supply information on the measures adopted in this respect in its next report.

Furthermore, the Committee is addressing a request directly to the Government.