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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Peru (Ratification: 2002)

Articles 3, clauses (a) and (b), and 7(1) of the Convention. Sale and trafficking of children; forced labour; use, procuring or offering of a child for prostitution; and penalties. In its previous comments the Committee noted that the Penal Code prohibits the sale and trafficking of children for the purpose of labour exploitation or for sexual exploitation (section 153), and provides for prison sentences ranging from 12 to 25 years where the victim is under 18 years of age. It also noted the Penal Code prohibits and penalizes incitement to prostitution, procuring and sex tourism and provides for heavier penalties where the victim is under 18 years of age. The Committee further noted that two studies produced by ILO–IPEC in 2007, entitled “The demand side of the commercial sexual exploitation of children: a qualitative study in South America (Chile, Columbia, Paraguay and Peru)” and “Unforgivable: a study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cuzco, Iquitos and Lima)” that commercial sexual exploitation of children of both sexes exists in Peru, particularly in the bars and nightclubs of the old city centre of Lima. This worst form of child labour likewise exists in the tourist centres of Cuzco, Iquitos and Cajamarca.

The Committee takes note of the information provided by the Government to the effect that the number of reported instances of children and young persons being trafficked for the purpose of commercial sexual exploitation fell by 17 per cent between 2008 and 2009. It notes that the Ministry of the Interior set up a telephone hotline in 2010 for victims of trafficking and the calls are referred to the National Directorate for Criminal Investigations. The Government’s report indicates that between 2009 and June 2010, there were 212 instances of the sale and trafficking of children were reported and that 91 per cent of the victims were girls between 14 and 17 years of age. It notes, however, that the Government provides no information on the number of convictions and penalties handed down as a result of these reports. The Committee notes that according to the 2011 Trafficking in Persons Report-Peru, which is available on the website of the United Nations High Commissioner for Refugees, boys and girls are victims of sex trafficking and forced labour in Peru. The department of Madre de Dios and the cities of Cuzco and Lima were identified as some of the main destinations for victims of commercial sexual exploitation. It also notes that forced child labour exists particularly in informal goldmines, among begging rings in urban areas and in cocaine production and transportation. The Committee further notes that according to information in the abovementioned report, although the Government has made efforts to combat the sale and trafficking of persons for the purpose of commercial sexual exploitation, its efforts are inadequate in combating human trafficking for the purpose of forced labour. The report indicates that no convictions were recorded in 2010 despite an increase in the number of cases of forced labour in the country. Lastly, the Committee notes the allegations of the involvement of state officials referred to in the same report.

While noting the existence of legislative provisions that prohibit and punish the sale and trafficking of children and the use, procuring and offering of a child for the purposes of prostitution, the Committee expresses deep concern at the extent of the sale, trafficking and commercial sexual exploitation of children and young persons under 18 years of age. It accordingly urges the Government to strengthen its efforts to secure the elimination of these worst forms of child labour in practice by ensuring that thorough investigations are conducted and completed and that persons committing such offences, including state officials suspected of complicity, are prosecuted, and that convictions are followed by effective and sufficiently dissuasive penalties. It requests the Government to provide detailed information on the number of offences reported, investigations conducted, prosecutions, convictions and penalties imposed pursuant to the Penal Code, specifying whether the penalties applied under section 153 were for the sale and trafficking of children for the purpose of sexual exploitation or forced labour.

Clause (d). Hazardous work. 1. Child labour in mines. In its previous comments, the Committee noted the ITUC’s allegation that artisanal mines abandoned by large producers are being worked by families of Peruvian workers. Children work from the age of 5 and help their mothers to finds rocks containing gold deposits. When they are older, they work with their fathers and sometimes dive into flooded shafts to extract ore. The children handle mercury, which is toxic, in extracting the gold from the rocks. They also transport ore outside the mines, carrying very heavy loads of stone and rock on their backs. The mines are located in unhealthy places and the children are therefore exposed to serious injury and harm. They breathe contaminated air and are exposed to soil and water contaminated with metals and chemicals. The mining industry is mostly concentrated in the regions of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad. The Committee also noted that according an ILO–IPEC study of 2007 on girls in mining, both boys and girls are in practice engaged in hazardous types of work in small artisanal mines, with girls being frequently involved in extraction, transport and processing work. It also noted that according to information in a document on the National Plan for the Prevention and Elimination of Child Labour (2005–10) (PNPETI), an estimated 50,000 children work in artisanal mines in Peru.

The Committee takes due note of the adoption of the 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 and prohibiting mine work for children and young persons under 18 years of age. It also notes General Directive No. 001-2011-MTPE/2/16 laying down general guidelines for the inspection of child labour. It further notes the information in the Government’s report to the effect that 4,003 inspection orders were issued between January 2007 and April 2011 concerning child labour. It nonetheless observes that the Government’s report does not specify whether such inspection applied to mine work. While noting the adoption of new legislative measures to prohibit mine work for children and young persons under the age of 18 years, the Committee must express its concern at the situation of the thousands of children engaged in hazardous work in mines in practice. The Committee urges the Government to take the necessary steps to ensure that these children enjoy in practice the protection laid down in national legislation, by strengthening the capacity of the labour inspectorate so as to secure the inspection of mining sites. It requests the Government to provide statistical information on the number and nature of offences reported, investigations undertaken, prosecutions, convictions and sanctions applied pursuant to Supreme Decree No. 003-2010-MIMDES of 20 April 2010.

2. Child domestic work. The Committee previously noted that according to the ITUC, parents send their children to cities to work as domestic servants in order to help their families. As a rule, the children receive no pay, although the employer provides board and lodging. The ITUC reports that child servants work at least 12 hours a day and are at the disposal of their employers 24 hours a day. Many work with no rest and without so much as a day’s leave. Very many children are victims of abuse and exploitation, such as insults and corporal punishment. There is also sexual abuse, albeit to a lesser extent. The ITUC also indicated that nationwide the number of domestic servants under the age of 18 years is estimated to be 110,000. The Committee also noted that a 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families that live in rural and urban areas found that domestic work by children is widespread in the country.

The Committee notes the information from the Government to the effect that 3,641 domestic workers in Lima received training on their rights as workers in the course of 2010. Furthermore, it notes with interest that according to 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, domestic work by children and young persons under 18 years of age in the homes of others is treated as hazardous work. The Committee requests the Government to pursue its efforts to protect children engaged as domestic workers from hazardous work, and encourages it to take measures to strengthen the capacity of the child labour inspectorate to enforce Supreme Decree No. 003-2010-MIMDES of 20 April 2010 in practice. It requests the Government to provide information on the number of inspection visits carried out, offences reported and penalties imposed, in its next report.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such forms of labour and ensuring their rehabilitation and social integration. 1. Trafficking and commercial sexual exploitation of children. In its previous comments, the Committee noted that a National Plan to Combat Forced Labour was produced in 2007 and applies to trafficking in persons.

The Committee notes the information contained in the Government’s report indicating that a campaign for the prevention of human trafficking was launched in November 2009 and that in the course of it, the Ministry for Women and Social Development conducted a campaign entitled “More checks, fewer roads to exploitation”, which aims to prevent the trafficking of children and young persons through the supervision of overland transport. The Government’s report further indicates that the National Police Force has launched a plan of police operations to prevent and punish human trafficking, which involves the inspection of strategic locations. To this end, patrols are organized in cooperation with representatives of the Public Prosecutor and the local authorities in order to provide assistance to children and young persons in situations that put them at risk. According to the Government, children and young persons removed from these worst forms of child labour are placed in shelters run by the National Police Force, the Ministry for Women and Social Development and the judiciary. The Committee strongly encourages the Government to continue to take immediate and effective measures to remove child victims from trafficking and commercial sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to provide information on the number of children removed from these worst forms of child labour following implementation of the plan of police operations organized by the National Police Force, together with information on the social integration measures afforded to such children.

2. Children working in mines. The Committee noted previously that according the ITUC, in Peru there is no specific policy on the elimination of child labour in mines. It observed that the elimination of this worst form of child labour was one of the PNEPTI’s objectives and asked the Government to provide information on the impact of measures adopted in this regard.

The Committee notes the information sent by the Government to the effect that a multisectoral working party has been created for the prevention and elimination of child labour in the informal mining sector and it consists of representatives of various Government ministries. The Committee also notes the results obtained in the course of implementing the PNEPTI and, in particular, that between 2006 and 2010, 10,066 children and young persons were withdrawn from hazardous work. The Committee also notes from information in a 2011 report on the worst forms of child labour, available on the website of the United Nations High Commissioner for Refugees, that inspections were carried out in the mining sector in 2010, during which 13 children were removed from work and channelled to the social services. The Committee requests the Government to step up its efforts to remove children carrying on hazardous work in mines from this worst form of child labour. It requests the Government to continue to provide information on the number of children removed from hazardous work in mines following inspection visits, together with information on the measures taken to ensure their rehabilitation and social integration.

Clause (d). Children at special risk. Child domestic workers. In its previous comments the Committee noted that, according to the ITUC, there are no programmes designed to help children working as domestic servants and that there are very few or no shelters that have the means to provide care for such children.

The Committee notes the information provided by the Government to the effect that the Regional Directorate for Labour and Employment Promotion of Metropolitan Lima organized training workshops for domestic workers to alert them to their rights and the rights of children and young persons employed as domestic servants. It also notes that the Government has implemented various programmes to combat poverty (“Juntos”, “Trabaja Peru” and “Jóvenes a la Obra”), which indirectly assist children and young persons working as domestic servants. It nonetheless notes that there appears to be no programme designed specifically to provide care for such children. The Committee strongly encourages the Government to take effective and time-bound measures to protect children working as domestic workers from the worst forms of child labour, and to provide information made in this regard in terms of the number of children under 18 years who have been prevented or removed from the worst forms of child labour in the domestic sector.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the 2007–08 ILO–IPEC study on the extent and characteristics of child labour, appended to the Government’s report. It notes that according to the results of a child labour survey conducted in 2007 by the National Statistics Institute, the results of which are reproduced in the study, 3.3 million children aged between 5 and 17 years, i.e. nearly 42 per cent of children and young persons in that age group, are engaged in economic activity. Furthermore, the Committee notes with concern that 70 per cent of children and young persons who are economically active carry on hazardous work. The Committee urges the Government to strengthen its efforts to ensure the elimination of the worst forms of child labour, including trafficking and commercial sexual exploitation and hazardous work in practice. It requests the Government to provide information on the nature and extent of, and trends in, these worst forms of child labour, indicating the number of children protected by the measures giving effect to the Convention, the number and nature of the offences reported, investigations undertaken, prosecutions, convictions and penalties imposed. To the extent possible all this information should be disaggregated by age and sex.

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