Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1 and 2 of the Convention. Discrimination on the basis of sex, colour and race. In its previous observation, the Committee asked the Government to evaluate the impact on access to employment for women and indigenous workers and their conditions of employment, of the following instruments establishing special labour regulations and to provide information on them: Legislative Decree No. 1057 of 28 June 2007 establishing the administrative services contract (CAS); Act No. 28015 of 2 July 2003 and Legislative Decree No. 1086 of 27 June 2008 promoting the competitiveness, formalization and development of micro- and small enterprises and access to decent employment; Act No. 27360 of 30 October 2000 approving standards relating to the agricultural sector; and Act No. 27986 of 2 June 2003 concerning domestic workers. The Committee also asked the Government: (i) to provide statistics, disaggregated by sex, indicating the number of workers hired in the public sector under the various types of contract and in the private sector under the terms of Acts Nos 28015, 27360 and 27986, and, where possible, indicating the proportion of indigenous workers; and (ii) to provide information on the measures taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies on grounds of race, colour or sex.

The Committee notes the Government’s indication in its report that: (i) as a result of Act No. 29849 of 5 April 2012, the rights of public servants covered by the CAS scheme were increased (including maternity and paternity leave); (ii) the CAS is gradually being replaced by the scheme regulated by the Civil Service Act (No. 30057 of 3 July 2013), which seeks to establish a single, exclusive scheme for individuals who provide services in state entities, and for people responsible for the management of these entities, the exercise of their authority and the provision of the corresponding services; and (iii) in 2017, public servants on CAS contracts accounted for 22 per cent of public employment governed by special labour regulations, with 48 per cent of CAS posts occupied by women. The Government also provides information on various standards adopted between 2011 and 2017 in relation to issues of equality and non-discrimination, which apply to various public service schemes (including those established by the regulations implementing the Civil Service Act – adopted by Supreme Decree No. 040-2014-PCM of 11 June 2014 – and the Judiciary Career Act (No. 30483 of 27 May 2016)), and on the special measures adopted for women, particularly Act No. 30367 of 24 November 2015, which protects working mothers against unjustified dismissal (by providing that any dismissal on the basis of pregnancy, childbirth and its aftermath, or breastfeeding, which occurs during pregnancy or within a postnatal period of 90 days, shall be declared null and void) and extends the period of maternity leave from 90 to 98 days.

With regard to access to employment for indigenous men and women, the Committee notes the Government’s indication that the National Civil Service Authority (SERVIR) adopted a “Plan of action for the cross-cutting intercultural implementation of priority processes 2016–19” and has been preparing a study of indigenous persons’ level and type of access to the civil service, in particular at the local government (municipality) level. The Committee notes that SERVIR, according to information on its website, published a study in 2016 on “local government employees who speak indigenous or original languages”, which concluded that “there was no significant presence of such persons working in the local government departments covered by the study”, with a quoted figure of 4.8 per cent, of which 72 per cent were men and 28 per cent were women. The Committee also notes the Government’s reference to the formulation of a sectoral strategy for equality and non-discrimination in employment and occupation for the 2017–21 period, the goal of which is to ensure that women and groups entitled to special protection – including indigenous persons – enjoy equal conditions for exercising in practice their rights to find, keep and leave employment and to develop their productive potential. In this regard, the Committee notes Ministerial Decision No. 061-2018-TR of 23 February 2018, adopting the “Sectoral plan for equality and non-discrimination in employment and occupation 2018–21”. As regards the measures taken to apply the legislation prohibiting discrimination in job vacancies, the Government states that the Ministry of Labour and Employment Promotion (Ministry of Labour) adopted the “Guide of good practice for equality and non-discrimination in access to employment and occupation”, through Ministerial Decision No. 159-2013-TR of 10 September 2013. While noting this information, the Committee asks the Government to continue to provide information on the transition to the single system of labour regulations for the civil service and on the promotion of equality of opportunity and treatment for men and women workers, without discrimination on the basis of sex, colour or race, regarding access to employment and vocational training, and conditions of employment.

The Committee recalls that excluding certain categories or sectors from the scope of general labour law may adversely affect primarily workers of a particular sex or ethnic origin, and could constitute indirect discrimination in the context of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 739). The Committee once again asks the Government to evaluate the impact of Acts Nos 28015, 27360 and 27986 on access to employment and conditions of employment for women and for indigenous workers, and to provide information in this regard. The Committee also asks the Government to supply detailed information on the specific measures adopted as part of the “Sectoral plan for equality and non-discrimination in employment and occupation 2018–21” to combat discrimination and promote equality of opportunity and treatment in employment and occupation, and the impact of those measures.

Equality of opportunity and treatment for men and women. In its previous observation, the Committee asked the Government to take the necessary steps to ensure that the implementation of the “National gender equality plan 2012–17” effectively addresses existing problems of discrimination and promotes gender equality in terms of entering and remaining in the labour market. In particular, the Committee asked the Government to take specific measures to ensure that pregnant women can have access to and remain in employment, training and education, and to provide information in this regard. The Committee notes that the Government has provided information on: (i) the setting up of a bipartite working group by the Ministry of Labour and the General Confederation of Workers of Peru (CGTP) to address the main difficulties and challenges faced by women in the world of work and to propose action to foster and promote the rights of working women; (ii) the preparation of a study entitled “Focusing on gender equality and shared responsibility for care provision: Proposals for expanding care coverage for children under 5 years of age in Peru 2016–26”; (iii) the publication of the “Work–life balance: A guide to good practice”; and (iv) the above-mentioned special measures adopted for women. The Committee also notes the “Gender gap 2017” report of the National Institute of Statistics and Information Technology (INEI), which indicates that, despite the greater participation of women in the labour force in the last few decades, they still do not have equal employment opportunities and are frequently concentrated in “feminine” occupations, which are more precarious and informal. Moreover, the Committee notes that, according to the “Women in the Peruvian civil service” report produced by SERVIR and available on its website, women account for 47 per cent of public service staff and are concentrated in special career categories (55 per cent), due to the strong presence of nurses in the health sector and of pre-school and primary school teachers in the education sector. The above-mentioned report also contains the preliminary findings on the possible causes of unequal access to managerial posts; these identify prejudice against women, lack of experience and specialist qualifications for the posts concerned, and unwillingness to work long days, as among the leading factors. The Committee also notes the “National human rights plan 2018–21”, adopted by Supreme Decree No. 002-2018-JUS of 31 January 2018, whose strategic objectives include ensuring a country free of discrimination and violence, and ensuring that women can generate their own income. In this regard, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the major constraints faced by rural women, including the absence of a gender-sensitive rural development policy (CEDAW/C/PER/CO/7-8, 24 July 2014, paragraph 37). With regard to the issues of shared responsibility for care provision, occupational segregation and equal remuneration, the Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide information on the specific measures taken by the bipartite working group of the Ministry of Labour and the CGTP and on the steps adopted as part of the “National human rights plan 2018–21” and the “Sectoral plan for equality and non-discrimination in employment and occupation 2018–21” to promote equality of opportunity and treatment for men and women, including measures designed to ensure that pregnant women have access to employment, training and education and can remain in them, and those designed to ensure that rural women have access to the necessary material goods and services for pursuing an occupation on an equal footing with men. The Committee once again encourages the Government to continue a systematic evaluation of the equality plans and programmes that have been adopted and asks it to provide information on their impact.

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