Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Peru (Ratification: 1970)

Legislative framework and application. The Committee notes that the Government does not provide the information requested in previous comments concerning this point. The Committee again asks the Government to provide information on the protection against discrimination in all aspects of employment, including hiring and employment conditions, established in the legislative framework, on the cases dealt with by the labour inspectorate and tribunals concerning the application of the national legislation on discrimination and on the results of the monitoring activities of the Employment Promotion and Vocational Training Directorate. The Committee also asks the Government to indicate if it has adopted or envisaged the adoption of training and other awareness-raising measures on equality of opportunity and treatment in employment and occupation to sensitize the bodies charged with ensuring the application of the legislation prohibiting discrimination, including judges and labour inspectors.

Sexual harassment. Adoption of directives in the public and private sectors. The Committee notes that, according to the Government’s report in 2007, some directives on the prevention and punishment of sexual harassment were adopted within the Ministry of Transport and Communications, the Ministry of Education and the Ministry of Interior. In its previous comments, the Committee noted that one of the objectives of the Equality Plan was that 60 per cent of the public institutions and 20 per cent of the private institutions would adopt and implement directives to prevent and punish sexual harassment by 2010. The Committee asks the Government to provide information on the percentage of institutions that have adopted and implemented directives by 2010. The Committee again asks the Government to provide copies of some of the directives adopted both in the public and private sectors, and also reiterates its request for a copy of the resolutions of the labour inspectorate concerning cases of sexual harassment as well as judicial and administrative decisions adopted in this regard. The Committee again asks the Government to provide information on any initiatives of the employers’ and workers’ organizations to combat sexual harassment.

Discrimination on the basis of race and colour. The Committee notes that the National Plan of Equality of Opportunity between Men and Women has been translated into Quechua, Aymará and Ashanike and that the Law on Equality of Opportunity will also be translated. The Committee notes the numerous programmes targeting rural areas which encompass indigenous peoples and include a component on gender. For example, the Government indicates that the Ministry of Agriculture has developed indicators to measure the participation of women in numerous projects. It also states that the project to promote sustainable development of Andean “microcuencas” includes, among its objectives, the increase in the participation of women in its activities and in decision-making structures; and that the Fund for the Promotion of Forest Development aims to involve indigenous women in the implementation of the project. Furthermore, the Government indicates other projects to promote indigenous women, such as the Peru–Ecuador Border Programme, the Project Marenass (managing projects in a sustainable manner). Likewise, the Government indicates that the Plan to Combat Forced Labour has been adopted and includes awareness-raising and capacity‑building directed at indigenous peoples in the areas affected by forced labour as well as the creation of production alternatives for groups affected by forced labour. Moreover, the Government provides information on strategies in the field of health, education and social security targeting indigenous peoples. The Government also refers to the Pro-Youth Programme that was initiated in Cajamarca with the aim of training 600 young people with scant resources and limited or no professional training. The Government indicates that although these programmes are not exclusively intended for indigenous peoples, they target rural areas and the majority of the rural population is indigenous. The Committee asks the Government to continue to provide information on such measures and their results and to provide information on the translation and distribution of the Law on Equality of Opportunity.

The Committee also asks the Government to provide more detailed information on the labour situation of indigenous women and on the fulfilment of the quotas to which the Committee referred in its previous comments, including those quotas that establish a minimum number of candidates for Congress, increased to 30 per cent for women and 15 per cent for members of indigenous communities.