Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2016, and the Government’s report.

Articles 3(a) and (b), and 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children; effective and time-bound measures to prevent the engagement of children in the worst forms of labour, to remove them from these forms of labour and to ensure their rehabilitation and social integration. 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 that 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. Nevertheless, the Committee noted that the commercial sexual exploitation of children occurred particularly in the bars and nightclubs of the historic city centre of Lima and in the tourist towns of Cusco, Iquitos and Cajamarca, and also near the sites of artisanal mines in the north-east of the country. The Committee also noted that thousands of adults and children are victims of internal trafficking for forced labour, especially for mining, agriculture and domestic labour, and indigenous persons are particularly vulnerable to commercial sexual exploitation. Many children are also used in the production and trafficking of cocaine. The Committee also noted that one of the main objectives of the National Strategy for the Prevention and Eradication of Child Labour (ENPETI) (2012–21) is the elimination of hazardous work and the exploitation of children and young persons. The Committee noted that in 2012, out of the 754 victims of these acts, 477 were under 18 years of age and 57 per cent were aged between 13 and 17 years; and that, in 2013, 214 victims were recorded, 23 of whom were under 18 years of age (15 girls and eight boys).

The Committee notes the Government’s indication in its report that a Standing Multisectoral Committee against Trafficking in Persons and the Illicit Trafficking of Migrants has been established by Supreme Decree No. 001-2016-IN of 9 February 2016. The Standing Committee is responsible for following up and preparing reports on the trafficking of persons and comprises a number of ministries, including the Ministry of Education and the Ministry for Women and Vulnerable Persons. Moreover, the Government indicates that Congress is currently debating a comprehensive reform of the Penal Code, and part of it involves proposals to amend section 168 to increase prison sentences to 20 years where the victims are under 18 years of age. The Committee also notes that the Directorate for the Investigation of Trafficking in Persons and the Illicit Trafficking of Migrants (DIRINTRAP) conducted 41 operations between January and June 2016 in relation to trafficking in persons, as a result of which 93 suspected perpetrators were arrested and 300 presumed victims were rescued, including 34 minors. However, the Committee notes that the Government does not supply any details of prosecutions of perpetrators or indicate whether penalties have been imposed. Nor does the Government indicate the measures taken to ensure the rehabilitation and social integration of victims rescued during the DIRINTRAP operations. The Committee also notes the statistics provided by the Government indicating that, in the wake of the investigations, two convictions were handed down for trafficking and exploitation in 2013 and 2015. Furthermore, the Committee notes that, according to the allegations of the CATP, the Government has a passive attitude towards the prosecution of cases involving the trafficking of children and young persons, even in areas where this problem is common. The Committee notes that the low number of convictions by comparison with the high number of trafficking cases throughout the country perpetuates a situation of impunity. It reminds the Government that it is important to prosecute and convict perpetrators to ensure the elimination of this worst form of child labour. The Committee therefore urges the Government to ensure that thorough investigations are conducted and completed, that the perpetrators of such offences are prosecuted, and that adequate penalties constituting an effective deterrent are imposed. It requests the Government once again to provide information on the number of convictions and penalties imposed against these persons. The Committee also urges the Government to take immediate and effective measures, including in the context of the ENPETI, to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation.

Articles 3(d) and 7(2)(a) and (b). Hazardous work; effective and time-bound measures to prevent the engagement of children in the worst forms of labour, to remove them from these forms of labour and to ensure their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously noted that children from the age of 5 years were working in the country’s artisanal mines, especially in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad. These children were exposed to serious injury and harm because of handling mercury when extracting gold from the rocks and transporting ore outside the mines, carrying heavy loads of stone and rock on their backs. They were also exposed to soil and water contaminated with metals and chemicals. An estimated 50,000 children were working in artisanal mines in Peru. The Committee duly noted the adoption of Supreme Decree No. 003-2010-MIMDES of 20 April 2010, which approves a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons and prohibits mine work for children and young persons under 18 years of age. It noted that the elimination of work that is hazardous to children, and especially young persons, is among the major objectives of the ENPETI. However, it noted with concern the Government’s statement that there had been no new inspections of child labour in artisanal mines in 2012 or 2013.

The Committee notes the allegations of the CATP that the Government has taken no real action to end child labour in mines. Moreover, the Committee notes the setting up of the National Labour Inspection Supervisory Authority (SUNAFIL), established by Act No. 29981 of 31 October 2013. The SUNAFIL was created with the aim of strengthening the labour inspection system and stepping up efforts to protect children from the worst forms of child labour. Moreover, the Committee notes the information supplied by the Government regarding the number of investigations and offences recorded by the labour inspectorate. In 2015, there were 145 inspections relating to the worst forms of child labour but only two offences reported. In 2016, there were 86 inspections and only one offence reported. The Committee further notes that the Government does not indicate any measures taken to step up controls in mines. The Committee notes with concern the low number of offences reported by comparison with the high number of inspections and recalls that labour inspection systems are particularly relevant for monitoring the prohibition of hazardous child labour. Strengthening the capacity of labour inspectors to detect children engaged in hazardous work is essential, particularly in countries where children are, in practice, engaged in hazardous work but no such cases have been detected by the labour inspectorate (see General Survey of 2012 on the fundamental Conventions, paragraph 632). The Committee urges the Government to intensify its efforts to protect children involved in hazardous work in mines from this worst form of child labour, by strengthening the capacity of the labour inspectorate so as to secure the inspection of mining sites. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to labour inspectors to detect cases of children engaged in hazardous work in the mining sector. Noting the lack of information provided on this matter, it requests the Government once again to provide information on the measures taken and results achieved, in the context of the implementation of the ENPETI and the Multisectoral Action Framework on child labour, in removing children under 18 years of age from hazardous work in artisanal mines and ensuring their rehabilitation and social integration.

2. Child domestic labour. The Committee previously noted ITUC’s comments that it was common practice for parents to send their children to cities to work as domestic servants. As a rule, these children receive no pay, although the employer provides board and lodging, and they work at least 12 hours a day and have no rest day. According to the ITUC, the number of domestic workers under the age of 18 years was estimated at 110,000. The Committee also noted that, according to Supreme Decree No. 003-2010-MIMDES, domestic labour by children and young persons under 18 years of age in the homes of third parties is regarded as hazardous work. The Government also indicated that the possibility of extending the intervention of the labour inspectorate to the homes of children and young persons working as domestic servants will be discussed as part of the implementation of the Multisectoral Action Framework on Child Labour. Furthermore, the Committee noted that the elimination of the hazardous work of children, and particularly of young persons, is one of the objectives of the ENPETI.

The Committee notes that Ministerial Decision No. 173-2014-TR adopted Directive No. 001-2014-MTPE/2/14 establishing the obligations in force as regards the regulations covering domestic workers. Section 5.6 of the Directive establishes the possibility for children between 14 and 18 years of age to work as domestic servants under certain conditions. The Committee notes the indications of the CATP that the Government has failed in the implementation of the ENPETI owing to the lack of public funds and poor coordination of the services specializing in the restitution of the rights of children performing hazardous work. The Committee notes with regret the lack of information provided in this respect. The Committee therefore urges the Government to take the necessary measures to strengthen the capacity of the labour inspectorate, to prevent children working as domestic servants from being involved in hazardous types of work, to remove them from such types of work, and to ensure their rehabilitation and social integration. It also requests the Government once again to supply information on the results achieved.

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