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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Scope of application and grounds of discrimination. In its previous comments, the Committee noted that the list of grounds of discrimination prohibited in Act No. 30057, which does not include the criteria of colour or national extraction, is not closed or exhaustive, and it requested the Government to provide information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. The Committee notes the Government’s indication in its report that records are not kept of either inspection orders or administrative sanction procedures in relation to discrimination on grounds of national extraction or colour. The Government adds that in 2021 the ILO fundamental rights module was undertaken for inspection personnel, dealing with the subjects of equality of opportunity and non-discrimination, and that the Annual Capacity-building Programme for the Labour Inspection System for 2019 contains a module designed to promote fundamental rights, including equality and non-discrimination in employment. The Committee requests the Government to continue providing information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. It also requests the Government, with a view to ensuring legal security and effective protection against discrimination in the public sector, to consider the inclusion of colour and national extraction among the prohibited grounds of discrimination set out in Act No. 30057.

Article 1 (19 (a). Discrimination based on sex. Sexual harassment. In reply to its previous request to make efforts to prevent and address cases of sexual harassment in employment and occupation, the Committee notes the Government’s indications that: (1) the “Work without sexual harassment” service has been developed, of which the implementation is being examined through an exploratory survey, which provides guidance and support for cases of sexual harassment, and through which 508 cases of sexual harassment were submitted in 2021 and 1,389 advisory services were provided; (2) the Virtual Platform for the Registration of Cases of Sexual Harassment at Work (Decree No. 014-2019-MIMP) became operational, through which employers can register cases of sexual harassment brought to their notice in enterprises, and through which 1,158 communications were filed up to July 2021; (3) the practical guide for the prevention and punishment of sexual harassment at the workplace in the public and private sectors was published with a view to providing guidance to workers, employers and organizations on the adoption of measures to prevent, eradicate and punish sexual harassment behaviour at work; and (4) the campaign “The State without harassment” of the Civil Service Authority (SERVIR) was undertaken through which guidance and proposed measures were provided for prevention, complaints, action, investigation and punishment of sexual harassment in public bodies and the Platform for reporting complaints of sexual harassment was set up to register complaints. The Committee also notes the Government’s indication that 27 complaints of sexual harassment were made in 2019 and 60 in 2021, and that in 2021 a total of 121 inspection orders were issued and ten penalties imposed, as well as the indication by the CGTP, CUT-Peru, CTP and CATP that 65 responses resulted in a “report”, or in other words, no violations were found. The Committee requests the Government to provide information on the results achieved through the various measures adopted for the prevention and treatment of cases of sexual harassment at work, including the “Work without sexual harassment” service and the campaign “The State without harassment”, and the impact of these measures in terms of the number of cases identified, sanctions and remedies granted, as well as the main challenges encountered.

Article 1(1)(b). Other grounds. Disability. The Committee notes the emphasis placed by the Government in its report on the inclusion in Objective five of the National Decent Employment Policy of specific services for persons with disabilities (such as awareness-raising campaigns, capacity-building at work and advice and support for the implementation of reasonable adaptations in the workplace), and its indication that item 5.1 refers to the implementation of effective measures to combat discrimination on various grounds, including disability. The Committee also notes the adoption in 2019 and 2020 of guidance on the granting in the public and private sectors of reasonable adaptations for persons with disabilities at the workplace and in the recruitment process, as well as criteria for the determination of a disproportionate or undue burden. The Committee further notes that, in its report to the United Nations Committee on the Rights of Persons with Disabilities, the Government reports that the National Plan for Persons with Autism Spectrum Disorder 2018-21 places emphasis on compliance with the employment quota and the National Human Rights Plan sets goals for the reduction of unemployment for persons with disabilities (CRPD/C/PER/2-3, 14 March 2019, paragraphs 16, 17 and 167). The Committee requests the Government to provide information on the measures adopted under the respective policies to promote equality in employment and occupation for persons with disabilities, and on the application in practice of the guidance on granting of reasonable adaptations.

Articles 2 and 3. Promotion of equality of opportunity and treatment irrespective of race or colour. In reply to its request for information on the specific measures adopted to ensure and promote equality of opportunity and treatment in employment and occupation for indigenous and Afro-Peruvian men and women, the Government indicates that, under the National Development Plan for the Afro-Peruvian Population 2016-20, measures have been adopted to include an ethnic variable in 12 of the 30 surveys of the Survey Database of the National Institute of Statistics and Information Technology (INEI) and in the administrative records of Women’s Emergency Centres (CEM), as well as educational campaigns against ethnic and racial discrimination and capacity-building activities for the staff of the public administration with a view to strengthening knowledge of non-discrimination on ethnic and racial grounds. The Government adds that the National Policy for the Afro-Peruvian People 2030 is currently being formulated, and that its motivations include the high level of informality, the low level of access to and completion of higher education, the limited development of production initiatives and the persistence of discrimination in public and private areas, and that the National Decent Employment Policy includes measures to combat discrimination in the active population on grounds of ethnic or racial origin (item 5.1). With reference to specific measures in the field of labour, the Government refers to the capacity-building undertaken for Afro-Peruvian entrepreneurs in the “Onward Peru” (Impulsa Perú) programme, as well as capacity-building for self-employment and employment services within the context of the Strategic Institutional Plan of the MTPE, with 596 and 465 beneficiaries from vulnerable ethnic groups, including victims of ethnic discrimination, respectively. The Government also refers to the adoption of other measures for the promotion of equality and to punish racism and ethnic and racial discrimination in general (capacity-building for public employees dealing with cases; Bill No. 5442/2020-PE on the promotion of cultural diversity for the prevention and punishment of racism and ethnic and racial discrimination, with a view to the establishment of measures for State bodies and citizens to combat acts of discrimination; item 1.2 of the National Culture Policy 2030, relating to the development of mechanisms to address, prevent and punish racism and ethnic and racial discrimination in public and private bodies, as well as other awareness-raising campaigns, and the reformulation of the Map of the Afro-Peruvian People on the National Territory). The Committee also notes that, according to the information provided by the Government, between 2018 and 2021, the System for Dealing with Cases of Ethnic and Racial Discrimination recorded 14 cases of discrimination related to work, and that a draft Presidential Decree is being drawn up for the creation of an Ethnic and Racial Discrimination Guidance Service to strengthen investigation mechanisms and sanctions.

The Committee also notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that: (1) the information provided is not sufficiently detailed; (2) according to the 2019 data of the MTPE, there is a gap between the activity and occupation rates of the indigenous and Afro-Peruvian population in relation to the population that self-identifies as white and mixed race, and 76.7 per cent of the indigenous and Afro-Peruvian population only has basic education and is engaged in low quality jobs; (3) the labour informality rate for indigenous and Afro-Peruvian people was 82.1 per cent (compared with 65.8 per cent in the white and mixed-race population), and only 46.9 per cent of indigenous and Afro-Peruvian employees have employment contracts; and (4) according to the 2017 study on ethnic and racial discrimination, an assessment of the situation, State rules are inadequate due to the lack of training of labour inspectors and other officials. With reference to indigenous peoples, the Committee also refers to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee requests the Government to provide information on the evaluation of the National Development Plan for the Afro-Peruvian Population 2016-20, including the results achieved and the challenges identified in relation to the activity and occupation rates in the formal and informal economies of the indigenous and Afro-Peruvian population. The Committee also requests it to: (i) provide information on progress in the formulation and implementation of the National Policy for the Afro-Peruvian Population 2030; and (ii) continue providing information on the number of cases of ethnic and racial discrimination at work, and on the measures adopted to facilitate capacity-building for labour inspectors and other competent officials to deal with such cases.

Enforcement. Labour inspection. The Committee notes the information provided by the Government that in 2021 a total of 18 inspection orders were issued in relation to discrimination in access to work, with a fine imposed by a higher body. The Government also indicates that the Labour Inspection Supervisory Authority (SUNAFIL) reports 1,481 inspection activities in relation to equality and non-discrimination in employment. The Committee further notes the indications by the CGTP, CUT-Peru, CTP and CATP that the labour inspectorate is not discharging its duties, as workers are continuing to report cases of discrimination, that SUNAFIL protocols are not resulting in an improvement in effectiveness and that the information provided by the SUNAFIL does not indicate a time period for the data, or the results of inspections. The confederations also refer to the statistical yearbook, which indicates that in 2020 there were 133 inspection orders issued in relation to discrimination on grounds of disability and 133 on grounds of gender, representing 0.2 per cent of the total. The Committee requests the Government to provide information on the measures envisaged or adopted to provide the labour inspection services with the capacity and tools necessary to identify and deal with cases of discrimination in employment and occupation.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Perú), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.

Article 1 of the Convention. Discrimination on the basis of sex, colour and race. With reference to its request to evaluate the consequences of the differences of legislative treatment and of indirect discrimination in the special labour regimes (in agriculture, domestic work and micro-enterprises), the Committee notes with satisfaction that the agricultural sector is now governed by Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry (published on 31 December 2020) and its Regulations, and that section 6 of the Act prohibits discrimination and acts of violence or harassment and establishes protection measures for pregnant and nursing workers. With regard to domestic work, the Government also refers to the adoption of Act No. 31047 on women and men domestic workers (published on 17 September 2020) and its Regulations, which also prohibit any act of discrimination and establish measures to protect maternity and prevent and punish sexual harassment. The Committee notes that the CGTP, CUT-Perú, CTP and CATP indicate in their observations that: (1) the adoption of new laws on the agricultural sector and domestic work is encouraging, as they remove certain differences of legislative treatment and introduce mechanisms to combat discrimination; (2) the new regime for the agricultural sector has equalized most terms and conditions of employment, but certain differences in treatment persist which are not related to the specific characteristics of agricultural work, such as coverage by life insurance; (3) there are no tripartite evaluation mechanisms to assess whether differences of treatment are appropriate or involve structural discrimination, and the measures adopted are still inadequate to ensure the enforcement of existing standards; and (4) information is lacking on the situation of women in agriculture and stock-raising and in domestic work. The Committee also observes that the Government has not provided information on the regime governing micro- and small enterprises, and that the workers’ organizations indicate that, according to the Sectoral Strategy for Labour Formalization 2018–21 and the National Decent Employment Policy, this regime has only limited coverage and has not had a significant effect on reducing levels of informality. In this context, the Committee requests the Government to provide information on the measures adopted or to be adopted with a view to identifying and addressing any element of the special regime for micro- and small enterprises that may lead to indirect discrimination against women and indigenous peoples in access to employment and conditions of employment, which would be contrary to the principle of equality and non-discrimination in employment and occupation. The Committee also requests the Government to provide information on the application of Acts Nos 31110 and 31047 respecting the agricultural sector and irrigation, agricultural exports and agro-industry, and domestic work, respectively, including information on: (i) measures taken to provide training to labour inspectors and awareness-raising among domestic workers and workers and employers in the agricultural sector; and (ii) any cases dealt with by the labour inspection, courts or any other competent body, the sanctions imposed and the remedies granted.

Article 2. Equality of opportunity and treatment for men and women. In reply to its previous request on the measures adopted under the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21, the Committee notes the Government’s indication that the 2020 evaluation is currently being carried out and that joint and coordinated action has been undertaken by the Ministry of Labour and Employment Promotion (MTPE), the National Labour Inspection Superintendent Authority (SUNAFIL) and labour inclusion programmes in the field of equality and non-discrimination with a view to: (1) the preparation of technical documents, including two projects to promote formal and productive self-employment for women, six technical and normative documents and the report on labour statistics based on data from the National Household Survey of Living Conditions and Poverty (ENAHO) 2018, including the employed economically active population by gender updated to 2018; (2) the training of 4,358 women in vocational skills for dependent employment, as well as diverse measures regarding the certification of labour skills, employment placement, temporary employment and productive and formal self-employment targeting women and other specially protected groups, without indicating the specific number of women beneficiaries; and (3) the strengthening of capacity-building in relation to equality and non-discrimination through ten awareness-raising campaigns, as well as capacity-building for 305 persons in the civil service. The Government also refers in its report to the formulation of the National Decent Employment Policy, approved in 2021, which includes items 5.1 “implementing effective measures to combat sexual harassment at work and gender discrimination among the working population”, 5.2 “implementing incentives and normative measures with cultural relevance for the recruitment of groups suffering discrimination or vulnerable groups” and 5.4 “strengthening the skills of vulnerable groups or those in a vulnerable situation to improve their employability”. The Committee also notes the reference by the Government in the national report for the Beijing+25 Declaration and Platform for Action, 1995, to: (1) the National Gender Equality Policy, adopted in 2019, which includes in item 4.3 “strengthening the formal labour market inclusion of women”, measures for the certification of labour skills, skills training to improve employability and labour market integration, training and technical assistance in enterprise management and productivity, and financing for women heads of undertakings and enterprises; and (2) the Intergovernmental Committee for Gender Equality and Vulnerable Populations was created in 2019 to articulate and implement policies, strategies and action for the reduction of the gender gap.

The Committee notes the indications by the CGTP, CUT-Perú, CTP and CATP that: (1) the trade union confederations have not been called upon to participate in the evaluation of the Sectoral Plan; and (2), according to the 2019 data of the National Statistics and Information Technology Institute (INEI), differences in the activity rate between women and men have remained practically unchanged since 2009, the unemployment rate of women has been higher than that of men in all years and, even though the income gap has been reduced, its underlying causes have not been the target of specific public policy measures. The Committee recalls that it is essential to follow up the implementation of plans and policies in terms of their results and effectiveness, and that employers’ and workers’ organizations can play an important role in their formulation, promotion and evaluation.

The Committee requests the Government to provide detailed information on: (i) the progress made in the process of evaluating the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation, in collaboration with workers’ and employers’ organizations, and particularly their impact on the prevention of gender-based discrimination in employment and occupation and the challenges that have been identified in their implementation; and (ii) the specific measures adopted within the framework of the National Decent Employment Policy and that National Gender Equality Policy, including the number of beneficiaries of these measures disaggregated by sex.

With reference to the transition to a single employment regime in the civil service, the Committee notes the Government’s reference to the approval of Directive No. 001-2021-SERVIR-GDSRH “Orientations for the transition of a public body to the Civil Service employment regime”, and its indication that as of June 2021, a total of 506 public bodies had commenced the process of transition to the new civil service employment regime. In this regard, the Committee notes the indication by the CGTP, CUT-Perú, CTP and CATP that incorporation into the civil service employment regime lacks political support (as the process was completed between 2014 and 2020 by only seven out of a total of 3000 bodies), and that Act No. 31131 adopting provisions for the eradication of discrimination in the employment regimes of the public sector (published on 9 March 2021) is the subject of an appeal to the Constitutional Court. The confederations also reiterate that the three employment regimes can give rise to indirect cases of discrimination when women are in feminized sectors of the public sector in which the public careers regime is predominant, under which wages are low and employment conditions are precarious. The Committee trusts that the Government will take measures to guarantee progress in the transition towards a single employment regime in the civil service and requests the Government to provide full information in this regard.

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

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

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 28 January 2015, concerning the reduction in the labour rights of young persons between 18 and 24 years of age, which they claim has occurred as a result of Act No. 30288 of 16 December 2014, “promoting the access of young persons to the labour market and social protection”. The Committee also notes the Government’s reply that the aforementioned Act was repealed by Act No. 30300 of 27 January 2015.

Article 1 of the Convention. Scope of application and grounds of discrimination. In its previous comments, the Committee: (i) recalled that it has been referring for many years to the need to assess whether Act No. 26772 of 26 March 1997 on job vacancies and access to education and training affords sufficient protection against discrimination in all aspects of employment, and has asked the Government to indicate whether the aforementioned Act or any other legal provision in force affords adequate protection against discrimination; and (ii) noted that the Civil Service Act (No. 30057 of 3 July 2013) – which provides for equality of opportunity without any discrimination whatsoever on the grounds of origin, race, sex, language, religion, opinion, economic situation or any other grounds – does not include the grounds of colour and national extraction and it therefore asked the Government to indicate how it is ensured that persons employed by the civil service are protected in law and practice against discrimination on the grounds of colour and national extraction.

The Committee notes the Government’s indication in its report that the list of prohibited grounds of discrimination referred to in Act No. 26772 (section 2) and in Supreme Decree No. 003-97-TR15 (sections 29 and 30) (consolidated text of the Labour Productivity and Competitiveness Act (Legislative Decree No. 728)) is not closed or exhaustive, which implies that the grounds may vary according to new interpretations and in relation to social phenomena. As regards access to employment in the public sector, the Committee notes that the Government: (i) indicates that section 5 of the Public Employment Framework Act (No. 28175 of 28 January 2004) provides that access to public employment shall occur within a system of equal opportunities; (ii) refers once again to section 5 of the Civil Service Act, which establishes the principle of equality of opportunity; and (iii) points out that the aforementioned section does not establish an exhaustive list of grounds of discrimination but expressly prohibits discrimination of any kind, including with regard to colour and national extraction, as provided for in Article 1(1)(a) of the Convention. While noting this information, the Committee asks the Government to provide information on any cases of discrimination in the workplace on the grounds of national extraction or colour which have been dealt with by labour inspectors, judicial authorities or other competent authorities, and the outcome thereof. Recalling the importance of training and awareness raising for law enforcement officials, including judges and labour inspectors, regarding equality of opportunity and treatment in employment and occupation with respect to all the grounds listed in Article 1(1)(a) of the Convention, the Committee asks the Government to indicate whether measures have been adopted or planned in this respect.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to take specific measures to ensure that the existing enforcement procedures are effective in addressing complaints of sexual harassment and are allocated the necessary level of funding, and that penalties constituting an effective deterrent are imposed on those responsible for sexual harassment. The Committee also asked the Government to provide information on the number of complaints of sexual harassment lodged with the various competent bodies, the penalties imposed, and the compensation awarded. The Committee notes that the Government refers to reports on compliance with the Equal Opportunities Act (No. 28983 of 15 March 2007) and indicates that: (i) in 2016, a total of 24 of the 29 public entities that report on compliance with the aforementioned Act indicated that they have institutional regulations designed to prevent and penalize sexual harassment; (ii) 16 of these 29 entities implemented preventive activities in compliance with the Anti-Sexual Harassment Act (No. 27942); (iii) 15 cases of sexual harassment were reported in 2016 and these were addressed by seven of the abovementioned 29 public entities through their procedures for the investigation of complaints and the imposition of penalties; (iv) in 2016 and 2017, a total of 15 and eight appeals, respectively, were brought before the Civil Service Tribunal in relation to penalties for sexual harassment; and (v) from 2014 to September 2017, a total of 106 inspection orders relating to sexual harassment were issued, and a total of 147 workers were affected; in addition, 144 guidance orders were issued. The Committee also notes the 2017 report produced by the Ombudsman’s Office on the implementation of the “National plan against gender violence 2016–21”, adopted by Supreme Decree No. 008-2016-MIMP of 26 July 2016, which indicates, inter alia, that: (i) the Ministry of Labour and Employment Promotion (Ministry of Labour) has drawn up the “Work without harassment: A practical guide for preventing and penalizing sexual harassment in the workplace in the public and private sectors”; and (ii) only 32 per cent of regional governments have carried out activities for preventing and penalizing sexual harassment in the workplace. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the persistence of sociocultural patterns and attitudes used to justify violence against women, and at the fact that some groups of women, such as women living in poverty, women belonging to indigenous or Afro-Peruvian communities and women with disabilities, in addition to being affected by gender stereotypes, face multiple forms of discrimination and violence (CEDAW/C/PER/CO/7-8, 24 July 2014, paragraph 17). The Committee asks the Government to continue its efforts to prevent and tackle cases of sexual harassment in employment and occupation and to provide information on any measures taken to this end and the impact thereof, including information on any specific awareness-raising measures combating prejudice against indigenous and Afro-Peruvian women. The Committee also asks the Government to continue to provide information on cases of sexual harassment dealt with by the competent authorities, stating the compensation awarded to the victims and the penalties imposed.

Articles 2 and 3. Promotion of equality of opportunity and treatment irrespective of race or colour. In its previous comments, the Committee asked the Government: (i) to provide statistics disaggregated by sex on the labour market participation of indigenous and Afro-Peruvian workers and on their access to vocational training systems; and (ii) to conduct an evaluation of the impact of the measures adopted so far by the Government at the central and local levels on the labour market integration of these workers and to report the results of the evaluation. The Committee notes the statistical information provided by the Government concerning the overall employment rate and the rate of employment of the Afro-Peruvian population, which identifies itself as being of indigenous origin, by category of occupation, sex and area of residence. The Committee also notes the Government’s indication that the Afro-Peruvian population is facing inadequate conditions of work, reflected in the fact that 73.2 per cent of employed individuals from this population group do not have a signed employment contract. The Government adds that these inadequate conditions are even more acute in the case of Afro-Peruvian women. The Committee notes the “National development plan for the Afro-Peruvian population 2016–20” and the objectives of the “National human rights plan 2018–21”, adopted by Supreme Decree No. 002-2018-JUS of 31 January 2018, aimed at guaranteeing the Afro Peruvian population’s right to equality and non-discrimination (strategic objective No. 3) and ensuring the exercise of the collective and individual rights of indigenous peoples and their members (strategic objective No. 1). It also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, expressed concern at: (i) the persistent structural racial discrimination faced by indigenous peoples and the Afro-Peruvian population, which is reflected in the difficulties that they have in gaining access to employment, education and quality health services; and (ii) the fact that the “National development plan for the Afro-Peruvian population 2016–20” may not be effectively implemented, in part owing to a failure to allocate adequate resources and to insufficient coordination among the institutions responsible for its implementation (CERD/C/PER/CO/22-23, 11 May 2018, paragraphs 12 and 14). Moreover, with regard to indigenous peoples, the Committee also refers to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee asks the Government to provide detailed information on the specific practical measures taken to ensure equality of opportunity and treatment in employment and occupation for men and for indigenous and Afro Peruvian women, including those adopted as part of the “National development plan for the Afro-Peruvian population 2016–20” and the “National human rights plan 2018–21”, and the impact thereof. In this respect, the Committee once again asks the Government to systematically evaluate the implementation of the adopted plans and to provide information on their results and any follow-up action planned.

Labour inspection. In its previous observation, the Committee asked the Government to take specific steps with a view to ensuring that the labour inspection system is effective and contributes to promoting equality of opportunity, and that it addresses discrimination at work. It also asked the Government to provide information on the activities of the National Civil Service Authority (SERVIR) and the Civil Service Tribunal, as well as statistics on the number and nature of complaints of discrimination in the public and private sectors, and the action taken on them by the various competent authorities, the penalties imposed and the compensation awarded. The Committee notes the information provided by the Government on the functioning of SERVIR and the Civil Service Tribunal but observes that it does not include details of complaints of discrimination made to the authorities. With regard to labour inspection, the Committee notes that the Government: (i) refers to section 25(17) of the regulations implementing the General Labour Inspection Act, adopted by Supreme Decree No. 019-2006-TR, under which discrimination is deemed a serious offence; and (ii) indicates that from 2014 to July 2017 the National Labour Inspection Supervisory Authority (SUNAFIL) issued 1,185 inspection orders relating to discrimination, with a total of 18,202 workers affected. The Committee asks the Government to continue providing information on the number and nature of complaints of discrimination made in the public and private sectors, and the action taken on them by the various competent authorities, indicating the penalties imposed and the compensation awarded.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Scope of application and grounds of discrimination. The Committee has been referring for many years to the need to assess whether Act No. 26772 on job offers and access to education and training affords sufficient protection against discrimination in all aspects of employment, including recruitment and terms and conditions of employment. The Committee notes that the Government has not provided comments in this regard. The Committee also notes the adoption of the Civil Service Act, No. 30057, of 3 July 2004, which provides for equality of opportunity without any discrimination whatsoever on grounds of origin, race, sex, language, religion, opinion, economic situation or of any other nature. The Committee notes that the Act does not include the grounds of colour and national extraction and recalls that when legal provisions are adopted to give effect to the Convention, they must include as a minimum all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate whether Act No. 26772 or any other legal provision that is in force affords adequate protection in relation to all aspects of employment, including access to employment and terms and conditions of employment. The Committee also requests the Government to indicate how it is ensured that persons employed by the civil service are protected in law and practice against discrimination on grounds of colour and national extraction.

Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the specific measures adopted to prevent sexual harassment at the workplace and to indicate the authority responsible for examining complaints of sexual harassment. The Committee notes the Government’s indication that the “Guide on action at the workplace to combat sexual harassment”, which is under preparation, is designed to provide guidance to employers for the adoption of prevention measures, the eradication and punishment of sexual harassment at the workplace. Act No. 27942, as amended by Act No. 29430, establishes the administrative and judicial mechanisms in force to address complaints and the responsibility of the employer to report complaints. The Government adds that many enterprises have internal rules respecting sexual harassment and have undertaken prevention activities. The Committee nevertheless observes that the evaluation of the implementation of the Plan for Equality of Opportunities for Women and Men (2006–10), prepared within the framework of the National Gender Equality Plan (2012–17) (PLANIG 2012–17), emphasizes the need to adopt measures ensuring the imposition of effective penalties for acts of sexual harassment. The Committee requests the Government to take specific measures to ensure that the existing enforcement procedures are effective in addressing complaints of sexual harassment and are allocated the necessary level of funding, and that those responsible for acts of sexual harassment are subject to effective penalties and the sanctions imposed are sufficiently dissuasive. The Committee also requests the Government to provide information on the number of complaints of sexual harassment lodged with the various competent bodies, the penalties imposed on those responsible and the compensation granted.

Discrimination on grounds of race and colour. The Committee referred previously to the low level of participation of indigenous peoples in the labour market. According to the CUT, there is no national policy to combat discrimination on grounds of ethnic origin. The Committee notes that the Government has not provided comments on this matter. In this regard, the Committee notes that, in its report “Combating discrimination: Progress and challenges”, the Office of the Ombudsman refers to the complete lack of information on the situation of Afro-Peruvian workers; the establishment in March 2013 of the Technical Committee on Ethnicity for the collection of ethnic statistics in the country; the measures adopted with a view to the inclusion of the needs of the Afro-Peruvian population in education programmes; and the establishment of the virtual platform “Racism alert”. The National Human Rights Plan (2012–16) also envisages action to promote the participation of the Afro-Peruvian population in the national economy. The Committee requests the Government to provide statistical data disaggregated by sex on the labour market participation of indigenous and Afro-Peruvian workers and on their access to vocational training systems. The Committee also requests the Government to conduct an evaluation of the impact of the measures adopted up to now by the Government at the central and local levels on the labour market integration of these workers and to report the results of the evaluation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Confederation of Workers of Peru (CTP), received on 26 August 2014, and by the Single Confederation of Workers of Peru (CUT) and the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2014, which refer to legislative matters already under examination by the Committee. The CATP also refers to discrimination in job vacancies on grounds of race, colour and sex and the low level of action taken by the labour inspectorate in relation to discrimination at work.

Articles 1 and 2 of the Convention. Discrimination based on sex. In its previous observation, the Committee requested the Government to provide information on the application and impact of the following legal provisions: Legislative Decree No. 1057 of 28 June 2007 establishing the administrative services contract (CAS); Act No. 28015 and Legislative Decree No. 1086 to promote the competitiveness, formalization and development of micro and small enterprises and access to decent employment; Act No. 27360 approving standards on the agricultural sector; and Act No. 27986 on domestic workers. The Committee notes that, according to the CTP, CUT and CATP, these texts, which apply to the public and private sectors, establish specific systems by type of contract, sector or occupation, and provide for a lower level of rights than the generally applicable legislation. Furthermore, according to the CUT, these legal texts have a greater impact on women and indigenous workers, who are predominant in these sectors. The Committee notes that in the framework of the National Gender Equality Plan (2012–17) (PLANIG 2012–17) the persistence was noted of the use of special labour systems in sectors which principally employ women. The Committee further notes the adoption of Act No. 29849, of 5 April 2012, which provides for the progressive elimination of the administrative services contract envisaged in Legislative Decree No. 1057, and that the Civil Service Act, No. 30057, was adopted on 4 July 2013. The Committee requests the Government to assess the impact of the legal provisions referred to above which establish special labour schemes, particularly on the access to and the terms and conditions of employment of women and indigenous workers, with regard to all the grounds set out in Article 1(1)(a) of the Convention, and to provide information in this respect. The Committee requests the Government to provide statistical data disaggregated by sex and, where possible, indicating the proportion of indigenous workers, the number of workers engaged 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. The Committee also requests the Government to provide information on the measures adopted to ensure the effective application of the legislation prohibiting discrimination in job offers on grounds of race, colour and sex.

Equality of opportunity and treatment for men and women. The Committee welcomes the evaluation of the Plan for Equality of Opportunities for Women and Men (2006–10), prepared within the framework of the PLANIG 2012–17, which contains recommendations on the measures to be adopted concerning the access to work and the working conditions of women. In this regard, the Committee notes that the CTP, CUT and CATP refer to the difficulties encountered by women, and particularly women domestic workers, in gaining access to the formal economy. Furthermore, the Office of the People’s Ombudsman, in its 2013 report “Combating discrimination: Progress and challenges”, refers in particular to the difficulties encountered by pregnant women in gaining access to and remaining in employment, education and training. The Committee notes that PLANIG 2012–17 envisages the adoption of measures to promote equality between men and women and, in particular, the access of women to social insurance and health systems, the protection of women domestic workers and action by public authorities to guarantee the rights arising out of maternity and paternity. The Committee further notes the Government’s reference to the various guidelines and plans adopted, or which are being prepared, on good practices in relation to equality, the reconciliation of work and family responsibilities and the rights of domestic workers. Recalling the importance of monitoring the implementation of plans and policies in terms of their results and effectiveness, the Committee encourages the Government to continue the systematic evaluation of the equality plans and programmes adopted. The Committee requests the Government to take the necessary measures to ensure that the implementation of PLANIG 2012–17 effectively addresses existing problems of discrimination and promotes the equality of women and men in terms of gaining access to and remaining in the labour market. In particular, the Committee requests the Government to take specific measures to ensure that pregnant women can have access to and remain in employment, training and education. The Committee requests the Government to provide information in this regard.

Labour inspection. In its previous comments, the Committee requested the Government to indicate the measures adopted in the event of obstruction by employers of labour inspectors in the discharge of their duties and to indicate the authority responsible for examining complaints of discrimination in the public sector. The Committee notes the Government’s indication that, under the terms of Supreme Decree No. 019-2006-TR, obstructing the entry of inspectors is a serious offence for which penalties can be imposed and that complaints of discrimination in the public sector are examined by the Civil Service Tribunal of the National Civil Service Authority (SERVIR). The decisions of the Tribunal can be appealed to the courts. The CATP indicates in this respect that, although discrimination is considered to be a serious offence in law, there has been little action by the labour inspectorate in this area. The Committee notes that the CTA refers to the increased number of complaints of obstructing inspections in 2013 due to the ineffectiveness of the penalties imposed for such acts and its indication that the SERVIR and the Civil Service Tribunal are not yet operational. The Committee emphasizes the importance of labour inspection in ensuring compliance with provisions on non-discrimination, equality and equal remuneration, and of the compilation of information on the nature and outcomes of the complaints examined. The Committee also recalls the importance of ensuring that the penalties imposed by authorities responsible for labour inspection are sufficiently dissuasive, and it refers in this respect to its comments on the application of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to take specific measures with a view to ensuring that the labour inspection system is effective and contributes to promoting equality of opportunity, and that it addresses discrimination at work. The Committee requests the Government to provide information on the activities of the National Civil Service Authority and the Civil Service Tribunal, as well as statistics on the number and nature of complaints of discrimination in the public and private sectors, and the action taken on them by the various competent authorities, the penalties imposed and the remedies provided. Please provide a copy of any relevant judicial decisions.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations received on 3 October 2011 of the Confederation of Workers of Peru (CTP), the Single Confederation of Workers of Peru (CUT), the National Federation of Municipal Workers of Peru (FENAOMP), the Regional Federation of Health Workers – Lima Callao and Lima Provinces Region (FERSALUD), the Federation of Education Sector Administrative Workers of Peru (FETRASEP), the National Federation of Hotel and Allied Workers of Peru (FNTHRSP), the Union of Ministry of Agriculture Employees (SITAMA), the Single Union of Employees of the National Institute for Children (SUTINSN), the Single Union of the Ministry of Health Central Administration (SUTAC MINSA), the Single Union of Administrative Employees of Education Institutions (SUTAIE UGEL 05), the Single Union of Telefónica del Perú Workers (SUTTP), the National Union of Public Employees of the Airforce of Peru (SINEPFAP), the Union of Pueblo Libre Municipal Workers (SINDOBREMUN) and the Single Union of Rímac Municipal Workers (SUTRAOM Rímac). The Committee notes that these organizations state that according to a report by the labour inspectorate most of the complaints that were filed by women in 2009 and gave rise to workplace visits by the labour inspectorate are obstructed by employers. They further indicate that the labour inspectorate does not publish in sufficient detail the results of measures to combat discrimination since the information is not disaggregated by sex, and does not indicate whether the inspection visits were scheduled or conducted further to complaints. The observations also refer to complaints filed with the Ombudsman’s office in connection with disciplinary investigations and the exclusion of pregnant women from the federal police and armed forces training institutes, and limitations on access to employment on the basis of age. The organizations further object that there is no body responsible for monitoring compliance with labour standards in the public sector, asserting that the labour inspectorate has jurisdiction only in the private sector, that there are no policies on the prevention of sexual harassment and that it is unclear where authority lies for hearing sexual harassment complaints. The Committee requests the Government to provide its observations on these comments. It asks it to indicate in particular:

• (i) what measures are taken against employers who obstruct labour inspectors in their work;
• (ii) which authority has competence for addressing complaints of discrimination filed by public sector employees;
• (iii) what specific measures have been adopted for the prevention of sexual harassment in the workplace; and
• (iv) which authority has competence to address complaints of sexual harassment.

In its previous observation the Committee also referred to the need to provide information on the practical application and the effects of the Act to promote the competitiveness, formalization and development of micro and small enterprises and access to decent work (Legislative Decree No. 1086); the Act to approve standards for the promotion of the agricultural sector (Act No. 27360); the Act to establish the new administrative services contract (Legislative Decree No. 1057) and the Domestic Workers Act (No. 27986). The Committee also asked the Government: (i) to provide information on the implementation and results of the system to follow up and monitor the National Equal Opportunities Plan, on gender-based indicators and on reports produced by the Ministry of the Interior’s Observatory for Equal Opportunities between Woman and Men; (ii) to report on the implementation of the national and regional equal opportunities plans and their practical effects on the public sector and the private sector; (iii) to reply to the comments of the Lima Chamber of Commerce (CCL); and (iv) to continue to take the necessary steps to increase women’s participation in employment in the public sector and the private sector. The Committee requests the Government to provide information in its regular report on the issues raised in the observation and direct request of 2010.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative framework and application. In its previous comments, the Committee requested the Government to provide information on the protection established in the legislation against discrimination in all aspects of employment, including hiring and employment conditions, on the cases dealt with by the labour inspectorate or 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 requested the Government to provide information on any training and awareness-raising measures on equality of opportunity and treatment in employment and occupation designed to sensitize the bodies responsible for enforcing the legislation prohibiting discrimination, including judges and labour inspectors. In that regard, the Committee notes the Government’s indication that in the Lima Metropolitan Area, 785 inspections were carried out in 2009, compared to 1,022 in 2008 and that training on sexual harassment has been provided at the national and regional levels and a web page on domestic workers has been created. The Committee notes that the Government has sent no information on the legislation applicable in cases of discrimination or on the concrete violations noted and penalties imposed by the General Labour Inspectorate. Furthermore, it has provided no information on the inspections carried out in other regions or on the court decisions handed down in that regard. While welcoming the training activities on sexual harassment, the Committee notes that the Government does not refer to training on other aspects of discrimination in employment, hiring and employment conditions. In this regard, the Committee highlights the conclusions of the study carried out by the Labour Studies and Statistics Programme of the Ministry of Labour and Employment Promotion entitled “Women in the Peruvian labour market”, according to which the most significant differences in weekly wages are found in occupations requiring a higher level of training or qualifications. The Committee once again requests the Government to provide information on the protection established in the legislation against discrimination in all aspects of employment, including hiring and employment conditions, as well as on all cases dealt with by the labour inspectorate or 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. Furthermore, it requests the Government to provide information on any training and awareness-raising measures envisaged on equality of opportunity and treatment in employment and occupation, to sensitize the bodies responsible for enforcing the legislation, including judges and labour inspectors.

Sexual harassment. Adoption of directives in the public and private sectors. The Committee notes the adoption of Act No. 29430 amending Act No. 27942 on the prevention and punishment of sexual harassment. The Committee also notes the ministerial resolutions and directives adopted by various public bodies. The Committee requests the Government to continue providing information on the directives adopted, including on their implementation and impact in practice. The Committee once again requests the Government to send a copy of the directives adopted in both the public and private sectors, as well as a copy of the resolutions of the labour inspectorate concerning cases of sexual harassment and the judicial and administrative decisions adopted in this regard. The Committee also requests information on any initiatives of the employers’ and workers’ organizations to prevent and combat sexual harassment.

Discrimination on the basis of race and colour. The Committee notes the statistics provided by the Government concerning the participation of the indigenous population in the labour market in both the public and private sectors, and the Government’s indication that the Act on equality of opportunity and treatment has not been translated into Quechua, Aymará and Ashaninka. In this regard, noting the limited participation of indigenous peoples in the labour market in both the public and private sectors, the Committee requests the Government to provide information on the implementation and impact of the project to promote the sustainable development of Andean “Microcuencas”, the Fund for the Promotion of Forest Development, the Peru-Ecuador Border Programme, the Marenass project on the sustainable management of natural resources, the Plan to Combat Forced Labour, which includes information and training aimed at indigenous peoples, and the Pro-Youth Programme, referred to by the Government in its previous comments, as well as on any other measures or plans adopted under the Act on equal opportunities for indigenous peoples. The Committee also requests the Government to provide information on the participation of indigenous peoples in the Government’s elective bodies.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the Single Confederation of Workers of Peru (CUT) of 25 August 2010, which refer in particular to the adoption of various legal provisions which could result in indirect discrimination, namely: the Act on the promotion of the competitiveness, formalization and development of micro and small enterprises and access to decent work (Legislative Decree No. 1086); the Act approving the standards for the promotion of the agricultural sector (Act No. 27360); the Act establishing the new administrative services contract (Legislative Decree No. 1057); and the Domestic Workers Act No. 27986 which excludes the workers covered by that Act from certain benefits. The Committee notes the Government’s indication that not all inequalities necessarily constitute discrimination and that the schemes mentioned can be justified objectively and reasonably by the need to improve the regulatory framework, modernize the State and promote employment in small and medium-sized enterprises and that, in the case of domestic workers, the Act concerned aims to integrate these workers into the market. In order to assess the legal provisions mentioned in light of the provisions of the Convention, the Committee requests the Government to provide information on the application of these provisions and their impact in practice.

Equality between men and women at work. Policies, plans, programmes and application. In its previous comments, the Committee requested the Government to provide information on the implementation of the measures adopted, in particular on indicators and statistics, and on any new measures adopted under the Act on equal opportunities between men and women (Act No. 28983 of 2007), as well as on the participation of the social partners in the development and implementation of those measures. In this regard, the Committee notes the comments of the Chamber of Commerce of Lima (CCL) of 12 November 2010, transmitted by the Government, referring to the limited implementation of the Act on equal opportunities between men and women, which means that an assessment cannot be made of compliance with that Act. The Committee notes that the Government provides information on ministerial resolutions establishing compulsory indicators and targets in areas such as equality between men and women. In this regard, it indicates that 60 per cent of sectors have adopted or planned action in this area, including in particular: (1) action to strengthen the presence of women in managerial and decision-making positions; (2) measures relating to sexual harassment; and (3) measures on gender quotas. To date, 11 regional plans on equal opportunities between men and women have been adopted. In addition, Deputy Ministerial resolution No. 003-2009-IN-0103 was adopted by the Ministry of the Interior establishing the Observatory for Equal Opportunities between Men and Women and Ministerial resolution No. 052-2009-MIMDES was adopted by the Ministry for Women and Social Development issuing guidelines on the use of inclusive language. The Ministry of Economy and Finance, the Ministry of the Interior and contain bodies in the agricultural sector have drawn up plans and adopted measures on gender. In accordance with Directive No. 001-2008-IN-0908 of the Ministry of the Interior, which provides that women shall occupy no less than 25 per cent of managerial posts in the non-police state sector, the Government indicates that 41 of the 111 managerial posts are occupied by women, 19 per cent of the workforce of the police is composed of women and three women are in charge of police stations. The Government also includes statistics from the ministries and offices of the State. In the private sector, the “Building Peru” programme of the Ministry of Labour and Employment Promotion, has helped 100,000 women to gain access to temporary employment and training, projects involving women have been funded and enterprises managed by women have been established. The Government adds that the Working Group with Civil Society established on 31 May 2006 constitutes a forum for dialogue and collaboration between the State and civil society for the purposes of implementing and monitoring the National Plan on Equal Opportunities between Women and Men 2006–10, as well as the Act on equal opportunities. In this regard, the Committee notes from the information provided by the Government that, although some progress has been made, the participation of women in the public sector continues to be considerably lower than that of men. The Committee notes that the Government provides no information on the system of monitoring and following up on the Plan on Equal Opportunities between Men and Women or the Statistics Plan 2008–12 and the gender-based indicators established by the National Institute of Statistics and Computing, which were noted by the Committee in its previous observation and which would give a clearer picture of developments relating to gender equality in the country. The Committee requests the Government to provide information on the implementation and results of the system to follow up and monitor the Plan on Equal Opportunities and on the gender-based indicators, as well as on the reports prepared by the Observatory for Equal Opportunities between Women and Men of the Ministry of the Interior. The Committee also requests the Government to provide information on the implementation of the National Plan and the regional plans on equal opportunities and their impact in practice in both the public and private sectors. Finally, the Committee requests the Government to provide its response to the comments of the Chamber of Commerce of Lima (CCL) and to continue taking the necessary measures to increase the participation of women in employment in both the public and private sectors.

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

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

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.

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

Equality between men and women. Policies, plans, programmes and application. In its previous comments, the Committee noted the adoption of Act No. 28983 of 2007, Law of Equality of Opportunity for Men and Women, and asked the Government to provide information concerning the policies, plans and programmes adopted under this Law. The Committee notes that since the entry into force of this law, a budget with a focus on gender has been approved at the national level (Act No. 29083, National Budget System). On the basis of this budget, public authorities include the impact of gender equality policies in the analysis of budget evaluation. The Committee notes that among the national policies to be implemented by the national government authorities, the second policy “equality between men and women” was adopted together with targets and indicators. The Committee notes that in 2007 various regional and local authorities referred to in the Government’s report adopted policies on equality of opportunity for men and women. With regard to education, the Government refers to inclusive education programmes and mentions, among others, Directive No. 001-2007-VMGP/DITOE which promotes the inclusion of a focus on gender in the initial, primary and secondary levels. The Government also provides information on the National Programme to Foster Literacy, as a result of which in 2007, 666,000 persons were taught to read and write throughout the country, 79 per cent of which were women. With regard to the indicators and statistical information, the Government indicates that it has developed a system to follow up and monitor the Plan of Equality of Opportunity for Men and Women and that the National Institute of Statistics and Computing prepared a Statistics Plan 2008–12 which will allow the development of indicators linked to the theme of gender. The Statistics Plan has included the disaggregation of the questions for the census with a focus on gender. The Committee notes that in 2010, official statistical information disaggregated by sex will be available with gender indicators and that in certain areas referred to in the Government’s report, such statistics already exist. Moreover, the Committee notes that three Observatories of Women have been established in Puno, Apurimac and Ayacucho. The Committee asks the Government to provide information on the implementation of the measures adopted, particularly the indicators and statistics and on any new measure adopted under the Law of Equality of Opportunity for Men and Women. Please also provide information on the participation of the social partners in the elaboration and implementation of these measures.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative framework and implementation. In its previous direct request, the Committee asked for information on the impact of Act No. 26772, defining discrimination in employment and establishing penalties for that offence, and Supreme Decree No. 002-98-TR issuing regulations under the Act. It also asked whether affirmative action had been taken to promote access to employment and training for groups that traditionally suffer discrimination. The Committee notes that, according to the Government’s report, there have been only 13 cases since 1998 relating to the application of the above legislation. The Committee recalls that a low number of complaints of discrimination does not necessarily indicate a low incidence of discrimination, but often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness of the rights under the law and an absence of accessible dispute resolution procedures. The Committee also notes that the Supreme Decree only applies to discrimination in offers of employment and access to training, rather than to all aspects of employment and occupation. The Government points to the measures taken by the Employment Promotion and Vocational Training Directorate intended to prevent discrimination in access to employment. More specifically, the Directorate is establishing appropriate procedures to give effect to the rules prohibiting discrimination in vacancy announcements, has established a system to monitor vacancy announcements in the classified advertisements of the major national newspapers; and prepares a monthly report naming enterprises which have published discriminatory vacancy announcements with an indication of the type of discrimination. According to the Government, this will provide a basis for the adoption of corrective measures and awareness raising.

2. The Committee requests the Government to:

–           consider undertaking an assessment of whether the legislative framework provides sufficient protection against discrimination in all aspects of employment, including with respect to recruitment and conditions of employment, and to keep the Committee informed of the results of the assessment and any follow-up envisaged;

–           consider providing training for those responsible for applying the law and regulations, including judges and labour inspectors, as well as undertaking awareness-raising activities to ensure that workers and employers are aware of their rights; and

–           provide information on any cases dealt with by the labour inspectorate or the courts concerning compliance with the national legislation on discrimination, and the results of the monitoring activities of the Employment Promotion and Vocational Training Directorate.

3. Equality between women and men. The Committee notes the action taken in the context of the Equal Opportunities Plan, 2002–05, the progress achieved and the difficulties encountered, particularly in relation to the absence of adequate indicators. It notes the new Equal Opportunities Plan for Women and Men,
2006–10, the objectives of which include an increase in the number of women in executive positions in the public and private sectors, in the number of women gaining access to land ownership and to credit, and an increase in the number of women in non-traditional and higher paid occupations. It also notes that statistics disaggregated by sex and including gender indicators will be available by 2010. The Committee requests the Government to provide information on the implementation of the Equal Opportunities Plan and the results achieved.

4. Sexual harassment.  The Committee notes that one of the objectives of the Equal Opportunities Plan is that by 2010 some 60 per cent of public institutions and 20 per cent of private institutions will have approved and implemented directives to prevent and punish sexual harassment. The Committee requests the Government to provide an illustrative sample of directives and procedures established in both the public and the private sectors and, in so far as possible, to supply information on their application in practice. Please also supply information on the policies and measures adopted under the terms of section 7(b) of the recently adopted Act No. 28983 that provides for the adoption of just, effective and appropriate procedures for the denunciation and punishment of sexual violence. The Committee repeats its request to the Government for copies of judicial and administrative decisions, statistical information on the number of cases and labour inspection reports, as well as on initiatives taken or envisaged by employers and workers to combat sexual harassment.

5. Discrimination on grounds of race and colour. The Committee notes that Act No. 26772 and its regulations still have not been translated into indigenous languages. It further notes that arrangements are being made with the Directorate for Cultural, Bilingual and Rural Education of the Ministry of Education for its translation into Cuzco Quechua, Ayacucho Quechua, Ashaninka, Aymara and other Amazonian dialects. The Committee requests the Government to indicate whether the above legislation has been translated and distributed to the various indigenous communities. It would also be grateful if it would provide information on other measures adopted to promote equality in employment and occupation for the members of the various indigenous communities.

6. The Committee would be grateful if the Government would provide more detailed information on the situation of indigenous women in employment and occupation, the activities that they perform and the measures adopted by the Government to promote the equality of indigenous women in employment and occupation. Please indicate, in particular, whether an assessment has been made of the situation of indigenous women in employment and occupation, and whether specific plans have been formulated to promote equality in employment and occupation for indigenous women which take into account their situation and specific characteristics.

7. Affirmative action. Regarding its previous request concerning whether affirmative action had been taken to promote access to employment and training for groups that traditionally suffered discrimination, the Committee notes that the legislation establishes a minimum quota for employment of persons with disabilities in state bodies and also includes measures in favour of mothers with family responsibilities. There is also a requirement that there must be a minimum of 30 per cent female candidates in Congress and a minimum of 15 per cent of candidates from indigenous communities and aboriginal peoples. The Committee requests the Government to provide information on the impact of these measures in practice, and to continue providing information on any other affirmative action measures.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Equality between men and women workers. The Committee notes with interest the adoption of Act No. 28983, the Act respecting equality of opportunity for men and women, of 12 March 2007, the objective of which is to establish a legal, institutional and public policy framework at the national, regional and local levels to guarantee men and women the exercise of their rights to equality, dignity, freedom of development, welfare and independence, thereby preventing discrimination in all areas of their public and private lives. It notes that, under the terms of section 6(f), national, regional and local governments in all sectors, when adopting policies, plans and programmes, are under the obligation to “guarantee the right to productive work, exercised under conditions of freedom, equity, security and human dignity, including measures intended to prevent any type of discrimination at work between men and women in access to employment, training, promotion and working conditions, and identical remuneration for work of equal value. Work-related rights include protection again sexual harassment and the harmonization of family and work-related responsibilities”. The Committee requests the Government to provide information on the policies, plans and programmes adopted to give effect to this Act and on its application in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislation. The Committee notes the information provided by the Government in response to its comments, the promulgation of Act No. 27942 of 26 February 2003 on the prevention and punishment of sexual harassment, and the content of Supreme Decree No. 001-2000 - PROMUDEH by virtue of which the 2001-2005 National Plan for Equal Opportunities between Women and Men was adopted and brought into force.

2. Penalties for discrimination in employment. The Committee notes the information submitted by the Government concerning Act No. 27270 of 12 May 2000 amending the Penal Code, Act No. 26772 defining discrimination in employment and establishing penalties for that offence, and Supreme Decree No. 002-98TR regulating Act No. 26772. Please provide information on the practical impact of the abovementioned legislation, indicating, for instance, whether it is considered to have had a dissuasive effect in preventing discrimination in access to employment and training. Also, please indicate whether positive action has been taken to promote access to employment and training for groups that are traditionally discriminated against, and, if so, please describe these positive measures and the results obtained.

3. Discrimination on the grounds of sex. The Committee notes that paragraph 4.1 of the 2001-2005 National Plan for Equal Opportunities identifies the existence of: (1) a concentration of women in the informal sector of the economy; (2) a greater presence of women in low-productivity and precarious work; and (3) incomes which differ from those earned by men. The Plan’s strategic objectives are as follows: (1) to promote women’s economic rights; (2) to promote equal access for women to resources, employment, markets and trade; and (3) to make labour market actors, companies and trade union organizations more aware of the obstacles and discrimination that exist in the world of work. Please provide information on the results achieved through the Plan, the difficulties faced, the progress made and the way in which the continuity of the Plan is to be ensured. The Committee also notes the information provided by the Government on the activities of the Programme for the Consolidation of Women’s Employment (PROFECE), currently entitled "Enterprising Women", and other programmes referred to in the report. The Committee notes that the "Enterprising Women" programme promotes and strengthens the capacities of participating municipalities by providing management tools to promote the employment and generate the incomes of women at local level, and that from 1997 to March 2003, "Enterprising Women" had generated 37,024 temporary jobs for women in Lima and Ayacucho. The Committee requests that the Government provide information on the sectors in which these jobs were generated, their average duration and the adoption of measures, such as training, which facilitate women’s access to more stable employment.

4. Sexual harassment. With reference to its general observation of 2002, in which it urged governments to adopt appropriate measures to prohibit sexual harassment, the Committee notes with interest the promulgation of Act. No. 27942 of 26 February 2003 on the prevention and punishment of sexual harassment, and its regulations. The Committee notes that the abovementioned Act amends, inter alia, the consolidated text of Legislative Decree No. 728, Act on Labour Productivity and Competitiveness, approved by Supreme Decree No. 003-97-TR, by modifying section 30(g) under which immoral acts and all acts affecting a worker’s dignity are to be considered as hostile acts comparable to dismissal, and provides that acts of sexual harassment are to be investigated and punished in accordance with the law governing that matter. The Committee also notes that in the private sector a worker can, under section 23 of the regulations, choose to: (1) take action to stop the hostile act; and (2) demand the payment of compensation if terminating the contract; and that such compensation, under section 38 of the Act on Labour Productivity and Competitiveness, is to be one-and-a-half times the ordinary monthly salary for each complete year of service, with a maximum of 12 payments. The Committee requests that the Government provide information on how protection is ensured against the future dismissal of the person who, having complained of sexual harassment, has chosen to request that the hostile act stop rather than terminate the contract. The Committee would also like to know whether in practice anyone has ever requested the termination of a contract given that, despite the existence of compensation, the idea of losing one’s job might dissuade the victim of harassment from exercising that option. Please provide information on the practical application of this legislation, including a copy of decisions, statistics on the number of cases in the public and private sectors, and labour inspection reports, so that the Committee can more thoroughly assess the practical impact of this legislation. Please provide information on possible initiatives to be carried out by employers’ and workers’ organizations to combat sexual harassment.

5. Indigenous languages and labour laws. The Committee notes the information provided by the Government indicating the promulgation of Act No. 28106 on the recognition, preservation, promotion and dissemination of indigenous languages. The Committee hopes that the Government’s next report will indicate whether Act No. 26772 on discrimination and its regulations have been translated into Quechua, Aymara and other native languages. The Committee trusts that if they have not been translated, the Government will reinforce its efforts to translate and diffuse labour laws in the various indigenous languages and will keep it informed of any progress made in that respect.

6. Native communities and indigenous women. The Committee, having noted the special programme for indigenous communities and the various programmes mentioned by the Government relating to rural employment, requests that the Government provide more specific information on how these policies promote equal treatment in employment and occupation with regard to indigenous communities. The Committee also requests that the Government provide details of the measures adopted or to be adopted to promote equal opportunities and treatment in the employment and occupation of indigenous women.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report in reply to its previous comments, and the attached documentation and statistics.

1. The Committee notes the adoption of Act No. 27270, of 12 May 2000, against acts of discrimination, amending the Penal Code and Act No. 26772 defining discrimination in employment and establishing administrative penalties for the above offence. The Committee requests the Government to indicate whether Supreme Decree No. 002 98 TR, issuing regulations under Act No. 26772, has been amended as a consequence, and also requests it to provide information on any claims made relating to the principle set out in the Convention not only with regard to access to employment and the various occupations, but also concerning conditions of work and vocational training.

2. The Committee notes the Government’s statement that, under Act No. 26772 of 14 April 1997, prohibiting discrimination in job vacancies and in access to training, and its regulations of 1998, two complaints have been submitted concerning discrimination in employment, both relating to discrimination on grounds of age.

3. The Committee notes with interest the information provided by the Government on the activities of the Programme for the Consolidation of Women’s Employment (PROFECE), the organized groups for women looking for work (known as GOOLS), the Self Employment and Microenterprise Programme (PRODAME), and the Young Workers’ Training Programme (ProJoven).The Committee would be grateful if the Government would also provide statistics on the PRODAME and ProJoven programmes disaggregated by sex. The Committee notes that, according to the labour indicators of the National Institute of Statistics and Information (INEI), the rate of underemployment among women rose in 1999 to 49.1 per cent, compared with 38.8 per cent for men. The Committee also notes that women’s participation in the labour market continued to decline and that one of the fundamental problems affecting women is poverty. The Committee hopes that the programmes that are being implemented will have an impact in practice on the above problem of poverty, thereby contributing to promoting the access of women to the labour market and improving their status therein.

4. The Committee notes the request made to the Ministry of Justice to indicate whether Act No. 26772 and its regulations have been translated into Quechua, Aymara and other native languages. The Committee trusts that if they have not been translated, the Government will reinforce the efforts being made to translate and diffuse labour laws in the various indigenous languages and will keep it informed of any progress achieved in this respect. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to promote equality of opportunity and treatment in employment and occupation for indigenous women.

5. The Committee notes the Special Programme for Indigenous Communities of the Human Rights and the Disabled Persons Unit responsible for examining problems relating to the protection and promotion of the rights of indigenous communities. The Committee would be grateful if the Government would provide information on the activities undertaken within the context of the above programme for the promotion of equality of treatment in employment and occupation.

6. The Committee notes the adoption of Supreme Decision No. 011 2000 PROMUDEH establishing the Multisectoral Ad Hoc Commission for the follow up and evaluation of the National Plan for Equality of Opportunity between Women and Men, 2000 05, at the national, regional and local levels. The Committee would be grateful if the Government would provide a copy of the National Plan for Equality of Opportunity between Women and Men, 2000 05, with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the adoption, on 1 February 1998, of Supreme Decree 002-98-TR, regulating Act No. 26772 and extending the prohibition established in the Act which provides that requirements which discriminate, nullify or impair equality of opportunity and treatment shall not be included in offers of employment and access to means of educational training, is applicable to contracting employers, to means of educational training, and also to employment agencies or other bodies which act as intermediaries in offers of employment. The regulation establishes that investigations in respect of discrimination shall be undertaken by the Administrative Labour Authority -- which corresponds to the Directorate of Employment and Vocational Training -- and regulates the procedure and penalties applicable (fines). Conversely, the possibility is established for persons who have participated in a process of selection or admission to employment or to a means of educational training, and who, as a result of the discriminatory criteria set forth under Act No. 26772, have not been contracted or admitted, to request compensation for damages through the civil courts. Please supply information on such requests as may have been presented and in particular in respect of the burden of proof before both the administrative courts and in proceedings regarding discrimination before the civil courts.

2. The Committee noted with interest the full information sent by the Government on the activities of the Programme for the Consolidation of Women's Employment (PROFECE), the organized groups of women looking for work known as "GOOLs" (Grupos Organizados de Oferta Laboral Femenina), the self-employment and microenterprise programme (PRODAME), the Young Workers' Training Programme (ProJoven), the Labour Information System (ProEmpleo) and on the proposal to include the subject "general identity" in the secondary education curriculum. The Committee requests the Government to continue sending information on the development of the programmes mentioned above and wishes to know if the subject of gender identity has effectively been included in the education curriculum, and whether the curriculum deals with discrimination in respect of employment and occupation and the date on which this programme will begin to be implemented.

3. The Committee noted with concern that, according to the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.69) of 13 April 1999, paragraphs 16, 18 and 20, that access to jobs and promotions is often influenced by racial criteria while certain minor or disparaged jobs are left to persons of indigenous or African origin; that the indigenous population, often without identity papers and illiterate, is thus deprived of the possibility of exercising its civic and political rights; that interpreters are not available to monolingual indigenous people and that legislation has not been translated into indigenous languages. It is the Committee's view that the first step in diffusion is the translation of legal texts; consequently, please indicate whether the labour laws, and in particular, Act No. 26772 and its regulations have been translated in Quechua, Aimara and other native languages and whether the sectors referred to above have been informed of the possibility of submitting an appeal in the event of discrimination, nullification or impairment of equality of opportunities and treatment, on the basis of race, colour, sex, religion, opinion, national extraction or social origin, inter alia. If the legislation has not been translated as the report cited indicates, the Committee requests the Government to make every effort to translate and diffuse the labour laws in the different indigenous languages. The Committee also requests information on the manner in which national policy has been formulated to promote equality of opportunities and of treatment in respect of employment and occupation as regards persons of indigenous or African origin, and whether there are employment and training programmes similar to those cited in paragraph 2 of this request, or other positive action programmes aimed at the sectors of the population of Quechua, Aimara or other aboriginal language.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest the adoption in April 1997 of Act No. 26772 which provides that offers of employment and access to means of educational training shall not contain requirements which discriminate, nullify or impair equality of opportunity and treatment on the basis of race, colour, sex, religion, opinion, national extraction or social origin, and so on.

2. With reference to its previous direct request on the results obtained from the training programmes such as "PRODAME" and the "Programme for Self-generation of Employment for Women with Family Responsibilities", the Committee notes with interest that a series of programmes has been introduced designed to support women's admission into, and their maintenance on, the labour market. The programmes include the "Programme for the Consolidation of Women's Employment" (PROFECE -- Programa Femenino de Consolidación de Empleo), launched in November 1996 with the aim of allowing adult women of restricted means to enter the labour market in an organized manner, and which works with organized groups of women looking for work known as "GOOLS" (grupos organizados de oferta laboral femenina). The Government has mentioned the programme "Awareness activities designed for enterprises in order to improve the image of GOOLS". The Committee also notes that through these activities contacts have been established with over 80 enterprises and orders have been received providing jobs for 1,700 women. Similarly, it notes that PROFECE has been extended to other regions of the country, coordination activities have been set up with public and private organizations, new sources of funding are being obtained and work experience and youth training programmes are being introduced which include women of limited resources, in addition to self-employment and small business programmes. The Committee requests that the Government keep it informed in future reports of the development of these programmes.

3. As regards the legal situation of women wishing to join the armed forces, a subject which has been dealt with in previous requests, the Committee notes with interest that under Act No. 26628 of 13 June 1996, women are allowed access to schools for officers and non-commissioned officers of the armed forces (army, navy and air force). Furthermore, it is provided that all the institutions of the armed forces are obliged to restructure their rules, manuals and guidelines, in accordance with the above Act, so that women wishing to join the military corps can do so and enjoy the same benefits as male members of the forces.

4. With reference to the possibility that children of both sexes may attend new classes on family education and employment practices, the Committee notes the information provided by the Government with respect to this possibility whereby innovative features have been introduced into the curriculum for children in first to fourth grades, including the subject of Family Education. In addition, the Ministry of Education is developing a programme entitled "National Programme for Sexual Education" which since 1996 has managed to train 12,300 teachers who, in particular, try to teach children to be responsible parents.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous direct requests, the Committee had asked for information on the measures taken by the Government to support and promote the admission of women to the training programmes, such as "PRODAME" and the Programme on Training Young People for Employment and Work Experience, created in the context of the Promotion of Employment Act (Legislative Decree No. 728, amended on 27 July 1995 by Act No. 26513). Noting its current observation on this legislation, the Committee notes with interest the information in the Government's report according to which not only is there no statutory possibility of sex discrimination in access to training, but also further projects are under way in the framework of the Promotion of Employment Act, to encourage women's re-entry into the labour market. It cites, as an example, the "Programme for Self-generation of Employment for Women with Family Responsibilities". In particular, the Committee notes that the Government provides statistics showing that, in the context of the Practical Work Experience Programme created under the Promotion of Employment Act, in the six years since its creation agreements for such training have been signed with 17,403 young women (equivalent to 45 per cent of all such agreements). The Committee looks forward to receiving, in the Government's next report, information on the results obtained by this Programme, and any others set up, to enhance equality between men and women workers in both training and employment creation.

2. Recalling its previous direct request concerning the work of the Sectoral Commission of Women Officials of the Ministry of Labour, created by Ministerial Decision No. 167/92-TR of 1992, the Committee notes that the Commission has finished its work, and recommended, inter alia, the complete revision of the legislation relating to working women and the repeal of Act No. 2851 of 23 November 1918 on the work of women and minors (which lays down certain prescriptions and proscriptions for working women, beyond protective measures linked to their reproductive capacity, which do not apply to men and which the Commission considered to have become obsolete). The Committee notes with interest that Act No. 26513 to amend the Promotion of Employment Act repealed Act No. 2851. Noting also that, by virtue of Supreme Resolution No. 020-95-TR of 21 September 1995, a Special Commission - of tripartite composition - has been created to prepare a Bill concerning the working mother, the Committee asks to be kept informed of its work, and to receive a copy of any text which it drafts relevant to eliminating gender-based discrimination in employment and occupation.

3. The Committee notes that the Government's report does not contain replies to its previous direct request concerning (i) the possibility of children of both sexes attending new school courses on family education and labour training; and (ii) the legal situation of women who might wish to enter the armed forces. It accordingly repeats its request for clarification of these two points.

4. In its previous direct request, the Committee hoped that the Government would be able to provide information on the appeals submitted to the Constitutional Court by persons allegedly aggrieved by discriminatory decisions of the administrative labour authorities. The Committee notes that the Government undertakes to send relevant jurisprudence once the Court has dealt with such matters, and looks forward to receiving such information in future reports.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee takes note of the conclusions of the Governing Body Committee, appointed to examine the representations presented by the Latin American Central of Workers (CLAT) and the Single Confederation of Workers of Peru (CUT) against Peru for non-observance of several Conventions, including Convention No. 111, which were approved by the Governing Body at its 267th Session in November 1996 (GB.267/15/2). The Committee notes that, as regards the alleged discrimination against trade union leaders on the basis of political opinion, it was recommended that the Government should in future take the measures necessary to ensure that dismissals which take place under the Promotion of Employment Act (No. 26513 of 27 July 1995) are not occasioned by the expression of political opinion, in particular by trade union leaders. As regards the alleged discrimination on the basis of sex, the Governing Body report states that, as information which might have thrown light on the general allegation that the new law was discriminatory had not been submitted, the Committee was not in a position to examine that aspect of the representations further. Noting, however, that the present Committee had asked for details of how programmes linked to the Promotion of Employment Act affect women's access to training opportunities in practice, the report expressed the hope that, in future reports on Peru's application of the Convention, the Government would provide all the details requested.

2. The Committee is addressing a direct request to the Government on this and other points.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the copy of Act No. 653 on investment promotion in the agrarian sector which, in section 5, states "the ownership and management of agricultural property may be exercised by any natural or legal person, under equal conditions and without restrictions other than those laid down in this Act and the Constitution".

1. Recalling its previous direct request concerning Ministerial Decision No. 167/92-TR of 16 July 1992, which establishes a sectoral commission of women officials of the Ministry of Labour with responsibility for revising the legislative provisions relating to work carried out by women, the Committee again asks the Government to provide detailed information on the work of this commission. It again asks the Government to report on the measures taken to ensure the promotion of equality of opportunity and treatment for women in employment to give effect to the recommendations of the 1991 workshop on policies for the promotion of women and their rights (organized by the Special Committee on Women's Rights), such as:

(i) the implementation of a policy on services adapted to women's needs, to lighten the burden of the work traditionally assigned to women so that they can have access to employment;

(ii) the promotion of women's participation in both the private and public sectors; and

(iii) the implementation of an education policy for women and the promotion of women's technical and higher training for employment.

2. The Committee notes the Government's statement that a Programme on Training Young People for Employment and Work Experience has been established in order to promote the generation of work for the unemployed and underemployed, and that it provides technical and legal advice for participants wishing to set up a micro-enterprise or small enterprise. The Committee notes that, since it began in November 1990, the Programme has helped to create 4,281 enterprises and has had 12,515 participants. The Committee asks the Government to provide statistics on the number of applicants for the Programme and the number of actual participants, disaggregated by sex, together with information on the measures taken by the Government to support and promote the admission of women to the Programme.

3. The Committee notes from the report submitted to the Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/13/Add.29 of 17 June 1991) that in 1991 courses on family education for girls and labour training for boys were introduced into the secondary-school curriculum. The Committee notes that the results of this innovation were to be evaluated, and hopes that, on the basis of the principle of non-discrimination, both sexes can attend both courses. It asks the Government to provide information on this matter.

4. The Committee notes from the Government's report to the CEDAW that women are not admitted to the armed forces; however, some have been admitted to the Centre for Higher Military Studies (CAEM), and 26 women graduated between 1975 and 1988. The Committee asks the Government to state whether any measures are planned to enable women to join the armed forces.

5. The Committee recalls that the Court of Constitutional Guarantees had been asked for information on the appeals submitted to it by persons who consider that they have been subjected to discriminatory decisions on the part of the administrative labour authorities. The Committee hopes that the Government will be able to provide this information in its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information which it contains on the application of the Convention.

1. With regard to the situation of women, the Committee notes the statistics provided which show in particular that women are affected by substantial underemployment and a low level of skills (which is tending to improve), and that their participation rate in economic activity decreased between 1990 and 1991.

However, it notes with interest the adoption of Ministerial Decision No. 167-92-TR of 16 July 1992, which establishes a sectoral commission of women officials of the Ministry of Labour with responsibility for revising the legal provisions relating to women workers. The Committee would be grateful if the Government would supply detailed information on the work of this commission and on any measures which are taken to promote equality of opportunity and treatment in respect of women in employment and which lead to improvements in the situation, and particularly any which give effect to the recommendations of the workshop on policies for the promotion of women and their rights (organized by the Special Committee on Women's Rights), such as:

(i) the implementation of a policy on services adapted to women's needs, to lighten the burden of the work traditionally assigned to women so that they can have access to employment;

(ii) the promotion of women's participation in both the private and public sectors; and

(iii) the implementation of an education policy for women and the promotion of women's technical and higher training for employment.

2. The Committee notes the practical measures adopted by the new Government to promote employment in general within the framework of the national employment policy established by Act No. 728 of 8 November 1991, the first section of which refers to the promotion of equality of opportunity in respect of employment. It also notes the activities undertaken to create employment, particularly within the framework of vocational training programmes for the young and the promotion of self-employment and small enterprises (PRODAME). It requests the Government to continue supplying information on the concrete results achieved by this policy and these programmes, and in particular on the manner in which they apply the principles set out in the Convention.

3. The Committee takes due note of the legal provisions which ensure equality of access of men and women to the ownership of land. It requests the Government to supply in its next report a copy of Legislative Decree No. 653 to issue the Act respecting the promotion of investment in the agricultural sector.

4. With reference to its previous comments, the Committee recalls that the Court of Constitutional Guarantees had been asked to supply information concerning the appeals submitted to it against decisions issued by the administrative labour authorities by persons who consider that they have been subjected to discriminatory decisions. The Committee hopes that the Government will be able to supply this information with its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information provided by the Government in reply to its previous direct request.

1. The Committee notes with interest the activities of the Special Commission on the Rights of Women and in particular the conclusions and recommendations of the workshop-seminar on policies for the promotion of women and their rights. The Committee asks the Government to provide information on the measures that have been taken or are contemplated to give effect to the recommendations of the workshop-seminar, particularly in order to:

(i) devise a policy on services adapted to women's needs, to lighten the burden of the work traditionally assigned to women so that they can have access to employment; (ii) promote women's participation in the private sector and the public sector (the Committee asks the Government to supply information on the number of women employed in the public sector at various levels of responsibility);

(iii) to implement an education policy and promote women's technical training for work.

2. The Committee notes the statement in the Government's additional report to the effect that there has been major progress in integrating women into the labour market as a number of mechanisms have been created to provide technical assistance, credit and training for women. The report refers in particular to the Self-Employment and Micro-Enterprise Programme (PRODAME) and a special occupational training programme for young persons who are unemployed. The Committee asks the Government to provide information on the results of these efforts, stating the number of women who participated in programmes of this kind.

3. The Committee takes note of a recommendation of the workshop-seminar mentioned above that the Agrarian Reform Act should be amended to provide that women shall have equal access to landownership. It asks the Government to indicate the relevant provisions of the Agrarian Reform Act and to provide a copy of the Act with its next report.

4. In its previous direct request, the Committee noted that the Court of Constitutional Guarantees had been asked to supply information concerning the appeals submitted to it against decisions issued by the administrative labour authorities by persons who consider that they have been subjected to discriminatory decisions. The Committee notes the Government's statement that this information will be forwarded in an additional report as soon as it is received.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest Act No. 25155 of 26 December 1989 under which it is forbidden to establish discrimination on grounds of sex in the regulations, statutes or other rules of sports, social or cultural institutions. However, the Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous direct request, the Committee noted the establishment of the Special Commission on the Rights of Women and asked the Government to provide information on the activities of this Commission.

2. The Committee notes that, according to the Government's report, the Court of Constitutional Guarantees has been asked to supply information concerning the appeals that have been taken before it against decisions issued by the administrative labour authorities by persons who consider that they have been subjected to discriminatory decisions, and that the Government will forward this information once it has been received.

3. The Committee takes note of the information concerning the confidential duties referred to in section 2 of Legislative Decree No. 276, the basic law governing administrative careers and remuneration in the public sector, and of the information concerning the categories of persons excluded from the scope of the above Decree.

4. The Committee takes note of the information supplied by the Government concerning the appeal channels available to a worker whose complaint is declared unfounded by the administrative labour authority.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee noted the establishment of the Special Commission on the Rights of Women and asked the Government to provide information on the activities of this Commission.

The Committee notes that the information requested will be communicated shortly.

2. The Committee notes that, according to the Government's report, the Court of Constitutional Guarantees has been asked to supply information concerning the appeals that have been taken before it against decisions issued by the administrative labour authorities by persons who consider that they have been subjected to discriminatory decisions, and that the Government will forward this information once it has been received.

3. The Committee takes note of the information concerning the confidential duties referred to in section 2 of Legislative Decree No. 276, the basic law governing administrative careers and remuneration in the public sector, and of the information concerning the categories of persons excluded from the scope of the above Decree.

4. The Committee takes note of the information supplied by the Government concerning the appeal channels available to a worker whose complaint is declared unfounded by the administrative labour authority.