Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Peru (Ratification: 2002)

The Committee notes the comments of 29 August 2011 from the Single Confederation of Workers of Peru (CUT) and the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee takes due note of the information provided by the Government to the effect that as part of the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), a document on the policy and national strategy for the prevention and elimination of child labour (2011–21) has been elaborated and awaits adoption. The Committee further notes that the Government has taken a number of measures that contribute directly or indirectly to the eradication of child labour, such as the JUNTOS programme, which aims to promote schooling for children aged from 6 to 14 years from poor homes in rural areas by awarding cash benefits to families contingent on school attendance by the children. It takes due note of the information sent by the Government that 780,393 children and young people between the ages of 6 and 14 years benefited from this programme and that 98.9 per cent of these children have attended school regularly. The Committee also notes that, according to the Government, the labour inspectorate visited 3,723 workplaces that employ children and young people and sanctioned 168 of them between January 2007 and March 2011. The Government’s report further indicates that 10,066 children and young people were withdrawn from worst forms of child labour and hazardous work. Lastly, the Committee notes the study on the extent and characteristics of child labour (2007–08) attached to the Government’s report on the Worst Forms of Child Labour Convention, 1999 (No. 182). It observes that according to the results of a survey on child labour conducted in 2007 which are reproduced in the abovementioned study, 33 per cent of children between the ages of 5 and 11 years and 48.5 per cent of 12–13 year-olds carry on an economic activity. Of these children, 68.7 per cent of the 5–11 age group and 69.3 of the 12–13 age group are engaged in hazardous work.

While taking due note of the measures adopted by the Government to eliminate child labour, the Committee must express concern at the significant number of children under 14 years of age who are engaged in economic activity, particularly hazardous work. The Committee strongly encourages the Government to strengthen its efforts to progressively eliminate child labour and requests it to send information on the measures adopted and results obtained through the implementation of the National Strategy for the Prevention and Elimination of Child Labour (2011–21). It also requests the Government to provide information on the application of the Convention in practice, including recent statistics on the employment of children and young persons, extracts from labour inspection reports showing the number and nature of offences reported and the penalties imposed.

Article 2(1). 1. Scope of application. The Committee notes that, according to the CUT, most children under the age of 14 who carry on an economic activity work in the informal economy, in particular as itinerant traders, shoe shiners, in markets or as domestic workers.

The Committee observes that according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs including in private homes. The Committee notes from information in a 2011 report on the worst forms of child labour in Peru, available on the website of the High Commissioner for Refugees, 70 labour inspectors are specialized in the supervision of child labour and 100 inspectors received training in this area in 2010. The report nonetheless states that inspectors often lack the resources they need to carry out effective inspections. The Committee requests the Government to continue to take measures to adapt and strengthen the labour inspectorate so as to improve inspectors’ capacity to identify instances of child labour in the informal sector and to guarantee the protection afforded by the Convention to children under 14 years of age carrying on an activity in the informal sector. It requests the Government to provide information on the measures taken in this regard and on the results obtained.

2. Minimum age of admission to employment or work. In its previous comments, the Committee noted that section 51(2) of the Children and Young Persons Code allows permission to work to be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children aged from 12–14 to undertake paid work is at the discretion of the administrative authority, which seldom grants it. In view of the Government’s statement that there are no regulations on light work but that in practice a significant number of children under the age of 14 years work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years may be allowed to work.

The Committee notes that, according the Government, a Bill to amend the Children and Young Persons Code is currently under examination by a Special Committee of the Congress of the Republic set up to revise the Children and Young Persons Code, and that it sets the minimum age for admission to employment or work at 15 years. The Committee expresses the firm hope that the Bill to amend the Children and Young Persons Code will be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years may be allowed to work. It requests the Government to provide information on all progress made in this respect.

Article 3(1) and (2). Minimum age of admission to hazardous work and determining hazardous types of work. Further to its previous comments, the Committee notes the adoption of Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons. It observes that the list sets out 29 types of work deemed to be hazardous by their nature or the conditions in which they are carried out, including work in mines and domestic work other than for the family. It observes that Decree No. 003-2010-MIMDES was adopted pursuant to the 2001 Children and Young Persons Code and notes with satisfaction that section 3 of the Decree provides that the ban on hazardous work applies to children and young persons, defined as anyone under the age of 18 years pursuant to section 1 of the Children and Young Persons Code.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that under section 57 of the 2001 Children and Young Persons Code, night work by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per night. The Government indicated that the Bill to amend the Children and Young Persons Code would amend section 57 of the Code so that exceptions to the ban on night work laid down in this provision may be authorized by a magistrate or else by the competent authority for young persons aged 16 years and over, instead of 15 years and over, on condition that the work does not exceed four hours per night during the period from 7.00 p.m. to 7.00 a.m.

The Committee notes that according to section B.8 of Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving the list of hazardous types of work, night work by children and young persons between 7 p.m. and 7 a.m. which has not previously been authorized by a judge, is prohibited. It observes, however, that the draft revision of the Children and Young Persons Code has still not been adopted. It reminds the Government that according Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition: (a) that their health, safety and morals are fully guaranteed; and (b) that they have received adequate specific training in the relevant branch of activity. The Committee expresses the firm hope that the Bill to amend the Children and Young Persons Code will be adopted as soon as possible so as to guarantee that only children and young persons over the age of 16 years may be authorized to carry on night work between 7 p.m. and 7 a.m. for a limited period of time and that the conditions laid down in Article 3(3) of the Convention are respected. It requests the Government to provide information on all progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.