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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information, in its report, on the adoption of Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA). The Committee notes that, under section 51 of the CNA, the minimum age for work is set at 14 years, with the exception of light work at 12 years, and 15 years for non-industrial agricultural work, 16 years for industrial, commercial and mining work, and 17 years for work in industrial fishing. Section 50 of the Code requires a prior authorization for all adolescents to work and, although no prior authorization is required for those who are working in unpaid work within their own family, these adolescents must still be registered by the head of family in the relevant municipal register.

The Committee notes the Government’s indication that, although the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2020–21 (ENPETI) ended in 2021, its strategic axes of intervention continue to be used as a reference for the work plans of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) and the Regional Directorate for the Prevention and Eradication of Child Labour (CDRPETI). The Government further indicates that Ministerial Resolution No. 293-2022-TR formalized the elaboration process of the Multisectoral National Policy for the Prevention and the Elimination of Child Labour (PNMPETI), which is estimated to be approved in 2024. The Committee notes with interest the Government’s indication that the National Action Plan on Business and Human Rights 2021-2025 contains the strategic guideline to eventually raise the minimum age for work to 15 years.

The Committee takes note of the Government’s information on the measures taken towards the progressive elimination of child labour: (1) monitoring and periodically recording compliance with the goals established in the CPETI’s annual work plan; (2) strengthening the CDRPETI, through training, technical assistance and provision of audio-visual resources for knowledge exchange with different audiences of interest; (3) promoting the “Child Labour Free Seal” (SELTI) on agricultural products, offering an assurance for the end-customer that production was made without child labour; (4) through the adoption of Supreme Decree No. 018-2020-TR, implementing a prior authorization procedure for all working adolescents, including in the informal economy; (5) awareness-raising campaigns at the national level to disseminate information on child labour; and (6) in 2022, adoption of Ministerial Resolution No. 240-2022-TR, which institutionalized the model for the identification of risks of child labour (MIRTI), which proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour.

The Committee further notes, from the observations of the Autonomous Workers’ Confederation of Peru (CATP), that: (1) little information is available on the actions of the CDRPETI, and on how the CDRPETI and the CPETI coordinate their actions and exchange information; (2) the ENPETI did not have the necessary allocated budget for its full implementation and the CATP asks the Government to indicate how it will ensure that the PNMPETI will have sufficient resources for its implementation; (3) the SELTI is especially relevant as it intervenes in the rural sector, which according to national statistics has the highest rates of child labour, but the CATP seeks from the Government to find out when the second edition of the SELTI will take place and if it will be extended to other sectors of production; (4) despite the adoption of the CNA (section 50) and Supreme Decree No. 018-2020-TR requiring prior authorization for adolescent work, there has been a steady decrease in the number of registered working adolescents since 2015, from 547 registered working adolescents that year, to 132 working adolescents in 2022. The CATP alleges that some municipalities do not apply the requirement of pre-authorization, and it further suggests that few young persons are registered due to the lack of human resources, poor budget allocation and a lack of political will, but also because these young persons are likely working on their own account or under hazardous conditions; (5) at the local level, there is little political will and no specific budget allocated to implement the MIRTI; (6) despite monthly meetings of the CPETI, the participation of civil society and workers’ organizations is decreasing, and representatives of regional governments do not participate, which results in a lack of perspective and analysis from a territorial stand point; (7) since 2015 (the last Specialized National Survey on Child Labour) there has not been an effort to collect statistical information specifically relating to child labour, and although the annual National Survey of Households on Living Conditions and Poverty (ENAHO) provides some data relating to child labour, it is not detailed enough to provide a full overview of the extent and nature of child labour; and (8) there is a general lack of awareness of the existing legislations and national policies to combat child labour among the population. The Committee also takes note of the extensive list of recommendations formulated in the CATP’s observations; it notes in particular the CATP’s suggestion that a clear budget and necessary human resources should be allocated to implement the CPETI’s annual work plan, the MIRTI and the PNMPETI.

Finally, the Committee notes the Government’s indication that, during the implementation of the ENPETI, the rate of child labour decreased by 4.4 percentage points, from 14.8 per cent in 2012 to 10.4 per cent in 2019. However, the Committee notes that the Government, referring to the ENAHO, states that in 2021, because of the COVID-19 pandemic, child labour among children aged 5 to 17 years increased to 12.1 per cent. The Committee requests the Government to provide information on: (i) the CATP observations; (ii) the adoption and implementation of the Multisectoral National Policy for the Prevention and the Elimination of Child Labour (PNMPETI); (iii) the implementation of the MIRTI, including by indicating how many local governments have implemented the model so far and the number of children identified as being in child labour; (iv) the activities of the Regional Directorate for the Prevention and Eradication of Child Labour (CDRPETI) and National Steering Committee for the Prevention and Elimination of Child Labour (CPETI), including information on how both entities coordinate their actions and exchange information; and (v) the results achieved in the progressive elimination of child labour, by providing updated information on the nature, extent and trends of child labour, including in hazardous types of work and the informal economy. The Committee further requests the Government to provide information on the implementation of the National Action Plan on Business and Human Rights 2021–25 and on any progress reached to raise the minimum age for work to 15 years.

Article 2(1). Scope of application and labour inspection. The Committee notes that, under section 48 of the CNA, the Code applies to all adolescents who are working for another person or on their own account, including those who are engaged in domestic work and work for their family that is not remunerated. Only work in apprenticeships is excluded. It notes the Government’s indication that the National Supervisory Authority of Labour Inspection (SUNAFIL) detected 197 violations of child labour legislation in 2022 and 43 violations for the first half of 2023. The Government also indicates that in 2022, 12 cases were decided in the first instance and 9 cases were decided in the second instance. In 2023, there were 3 cases resolved in the first instance and 1 case resolved in the second instance. The Committee notes the CATP’s suggestion that the Government should create processes to combat informality and that it should undertake a survey on informal work among adolescents to identify and guide future governmental action. The Committee requests the Government to provide its comments in reply to the CATP’s observations. Recalling that the majority of children engaged in child labour were found in the informal economy and noting that the Government does not provide information on the measures taken in this regard, the Committee once again requests it to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account. It also requests the Government to continue to provide information on the number of violations relating to the employment of children and young persons detected by the labour inspectorate, and to include information on the nature of the violations detected and the penalties imposed, including in the informal economy.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee notes with interest that: (1) section 58 of the new CNA prohibits the employment of persons under the age of 18 years in hazardous work; and (2) the adoption of Supreme Decree No. 009-2022-MIMP sets out a detailed list of work and activities considered hazardous, including night work. The Committee requests the Government to provide information on the application in practice of these new legislative provisions by providing statistical data on the number and nature of violations reported and penalties imposed.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously expressed concern at the high number of children and young persons engaged in economic activity or hazardous types of work. It requested the Government to provide information on the new projects developed in the context of the National Strategy for the Prevention and Eradication of Child Labour and the Protection of Young Workers 2020–21 (ENPETI), and on the results achieved.

The Committee notes the Government's indication that the Ministry of Labour and Employment Promotion, with the support of the Economic Commission for Latin America and the Caribbean and the ILO, has developed a model for the identification of risks of child labour (MIRTI), which proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour. In its supplementary information, the Government states that, in 2019, the MIRTI was recognized as a key instrument for the design, elaboration and implementation of strategies for the prevention, identification and elimination of child labour in the framework of the public policy on child labour. The Government adds that, in 2020, several awareness-raising activities on the scope and contributions of the MIRTI were conducted before several public bodies, at both national and regional levels, including for the members of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI). The Committee notes the Government’s indication that it is currently in the process of institutionalizing the MIRTI, through the adoption of a binding normative document, in order to enhance its implementation at all levels of government and ensure better focus and prioritization of actions. In that regard, the Committee notes that, in their observations, 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) support the institutionalization of the MIRTI in order to secure its implementation, and ensure its dissemination at the local level as well as the dissemination of information on the results achieved.

The Committee also notes the results of the Municipal Programme for the Prevention and Eradication of Child Labour 2017–18, undertaken by the Municipal Service for the Protection of Children and Young People, in the Carabayllo district of Lima, which benefited 51 girls, boys and young people. Similarly, a total of 140 people have been trained at the national level on the risks of vulnerability for families, including the issue of child labour. It however notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú point out that no efforts were made by the Government to ensure the continuity of the Municipal Programme despite child labour being still a grave concern in the Carabayllo district. The trade unions add that the implementation of the ENPETI was discontinued by the Government. The Committee requests the Government to continue providing information on the results of the implementation of the ENPETI, as well as on any new national strategy elaborated as a follow-up. It also requests the Government to provide information on the implementation of the MIRTI, as well as any progress made in its institutionalization. Finally, the Committee requests the Government to provide information on the application of the Convention in practice, including recent statistics on the employment of children and young persons and specific information on hazardous types of work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. The Committee requested the Government to intensify its efforts to adapt and strengthen the labour inspection services so as to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in the informal economy enjoy the protection afforded by the Convention. It also requested the Government to continue providing information on the measures adopted in this regard and the results achieved.

The Committee notes, according to the information provided by the Government, the introduction of another model for the identification and prevention of child labour by municipal authorities. The model allows municipal inspectors, who assess compliance with labour standards by enterprises, to include criteria in their interventions for the identification and prevention of child labour. The municipal authorities have the power, among other measures, to impose penalties on enterprises in the most serious cases, including the confiscation of goods, the revocation of permits and the temporary or definitive closure of the establishment. The Committee further notes that, in its supplementary information, the Government indicates that, in 2020, draft guidelines for the municipal model for the identification and eradication of child labour have been submitted for discussion and approval by the CPETI. The Government adds that the model has been implemented in the districts of Chanchamayo, Concepción, Pichanaki (Junín), Vila Rica (Pasco) and Comas (Lima), as a pilot. In 2019, 97 interventions were made which led to the identification of 132 cases of child labour. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú indicate that further analysis is needed concerning the impact of the municipal model in order to make sure that municipal inspectors do not duplicate the duties performed by labour inspectors of the National Supervisory Authority of Labour Inspection (SUNAFIL), regarding more particularly the imposition of penalties. The trade unions recommend that the municipal inspectors should only be responsible for the identification and prevention of child labour.

The Committee also notes the Government’s indications that in 2019 the SUNAFIL issued 460 labour inspection notices concerning child labour in relation to the minimum age. Thirty-four infringements relating to child labour were detected and noted in compliance reports. The infringements are currently covered by an administrative sanction procedure within the respective time limits. The Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú identify several challenges as regards labour inspection, in particular the need to strengthen its capacity as well as its actions at a local level, including throughout the implementation of the MIRTI. The Committee requests the Government to continue providing information on the measures taken in this respect and the results achieved. It also once again requests the Government to provide extracts from the reports of the labour inspection services indicating the number and nature of the infringements reported and the penalties imposed.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee previously expressed the firm hope that the Bill to amend the Code of Children and Young Persons, which has been under amendment since 2010, would be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years is permitted to work, and also to guarantee that only children and young persons aged 16 years and over can be authorized to perform night work during the period from 7 p.m. to 7 a.m. for a limited period, in accordance with the conditions laid down in Article 3(3) of the Convention.

The Committee notes the indications by the Ministry of Women and Vulnerable Peoples that two women members of Congress, of whom one is currently the Minister of Women and Vulnerable Peoples, submitted a proposal in 2016 for a new Code of Children and Young Persons in Bills Nos 500/2016-CR and 663/2016-CR. It further notes that, in its supplementary information, the Government refers to the adoption of Supreme Decree No. 18-2020-TR of 25 August 2020 which establishes the administrative procedure for prior authorization of young persons, who have the minimum age for admission to employment set in the Code of Children and Young Persons, to work as employees or under a dependency relationship. The Committee also notes the Government’s indication that a proposal was submitted by the Ministry of Women and Vulnerable Peoples in order to amend Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons. The Committee once again expresses the firm hope that the Bill to amend the Code of Children and Young Persons will be adopted in the very near future and requests the Government to provide information on any progress achieved in this regard. It also requests the Government to provide information on the current status of the proposal to amend Supreme Decree No. 003-2010-MIMDES.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously expressed concern at the high number of children and young persons engaged in economic activity or hazardous types of work. It requested the Government to provide information on the new projects developed in the context of the National Strategy for the Prevention and Eradication of Child Labour and the Protection of Young Workers 2020–21 (ENPETI), and on the results achieved.

The Committee notes from the Government’s report that the Ministry of Labour and Employment Promotion, with the support of the Economic Commission for Latin America and the Caribbean and the ILO, has developed a model for the identification of risks of child labour known as MIRTI. The model, which is currently undergoing validation, proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour.

The Committee also notes the results of the Municipal Programme for the Prevention and Eradication of Child Labour 2017–18, undertaken by the Municipal Service for the Protection of Children and Young People, in the Carabayllo district of Lima, which benefited 51 girls, boys and young people. Similarly, a total of 140 people have been trained at the national level on the risks of vulnerability for families, including the issue of child labour. The Committee requests the Government to continue providing information on the results of the implementation of the ENPETI, as well as information on the MIRTI. The Committee also requests the Government to provide information on the application of the Convention in practice, including recent statistics on the employment of children and young persons and specific information on hazardous types of work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. The Committee requested the Government to intensify its efforts to adapt and strengthen the labour inspection services so as to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in the informal economy enjoy the protection afforded by the Convention. It also requested the Government to continue providing information on the measures adopted in this regard and the results achieved.

The Committee notes, according to the information provided by the Government, the introduction of another model for the identification and prevention of child labour by municipal authorities. The model allows municipal inspectors, who assess compliance with labour standards by enterprises, to include criteria in their interventions for the identification and prevention of child labour. The municipal authorities have the power, among other measures, to impose penalties on enterprises in the most serious cases, including the confiscation of goods, the revocation of permits and the temporary or definitive closure of the establishment. The model is currently being implemented in the municipalities of Pichanaqui, Villa Rica, Concepción and Lima.

The Committee also notes the Government’s indications that in 2019 the National Supervisory Authority of Labour Inspection (SUNAFIL) issued 460 labour inspection notices concerning child labour in relation to the minimum age. Thirty-four infringements relating to child labour were detected and noted in compliance reports. The infringements are currently covered by an administrative sanction procedure within the respective time limits. The Committee requests the Government to continue providing information on the measures taken in this respect and the results achieved. It also once again requests the Government to provide extracts from the reports of the labour inspection services indicating the number and nature of the infringements reported and the penalties imposed.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee previously expressed the firm hope that the Bill to amend the Code of Children and Young Persons, which has been under amendment since 2010, would be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years is permitted to work, and also to guarantee that only children and young persons aged 16 years and over can be authorized to perform night work during the period from 7 p.m. to 7 a.m. for a limited period, in accordance with the conditions laid down in Article 3(3) of the Convention.

The Committee notes the indications by the Ministry of Women and Vulnerable Peoples that two women members of Congress, of whom one is currently the Minister of Women and Vulnerable Peoples, submitted a proposal in 2016 for a new Code of Children and Young Persons in Bills Nos 500/2016-CR and 663/2016-CR. The Committee once again expresses the firm hope that the Bill to amend the Code of Children and Young Persons will be adopted in the very near future and requests the Government to provide information on any progress achieved in this regard.

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

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the National Strategy for the Prevention and Eradication of Child Labour (ENPETI 2012–21). It noted that pilot projects (2012–14) were implemented in the context of ENPETI. The “Carabayllo” project, established in a district to the north of the city of Lima where many children and young persons are involved in hazardous work in the informal economy, plans to cater for a total of 1,000 households and 1,500 children and young persons. The “Semilla” project, which sets out to prevent children from taking up hazardous work in agriculture and to remove them from the sector, had been introduced in three regions of the country (Junín, Pasco and Huancavelica) with a view to assisting 6,000 children, 1,000 young persons and 3,000 families.

The Committee notes the Government’s indication in its report that as a result of the “Semilla” project, a total of 1,003 children and young persons in rural areas are no longer working. The Government also indicates that under the “Carabayllo” project two reference centres have been established in the Lomas and El Progreso areas, identified as having the highest incidence of child labour in the district of Carabayllo. To date, these centres have provided educational assistance and family support for 554 children between 6 and 13 years of age. The Committee also notes the results of the 2015 National Household Survey (ENAHO), indicating that the percentage of children between 5 and 17 years of age engaging in economic activity decreased from 31.7 in 2012 to 26.4 in 2015, which amounts to 368,000 fewer children. However, the Committee notes that according to the observations of the CATP, there have been problems implementing ENPETI 2012–21 and it has not achieved the expected results in terms of eliminating child labour. The CATP has asked the Government to allow trade unions to participate in action to combat child labour. The Committee requests that the Government continue its efforts to progressively eliminate child labour in the country. It also requests that it send information on the new projects formulated in the context of ENPETI 2012–21 and on the results achieved. The Committee also requests that the Government continue providing information on the application of the Convention in practice, including recent statistics on the employment of children and young persons in general and specifically in hazardous occupations, and extracts from labour inspection reports indicating the number and nature of offences reported and the penalties imposed.

Article 2(1). Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 51(2) of the Children and Young Persons Code, permission to work may be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children between 12 and 14 years of age to undertake paid work is at the discretion of the administrative authority which seldom grants it. Given that there are no regulations governing light work but that in practice a significant number of children under 14 years of age work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years be allowed to work. The Government stated that a bill to amend the Children and Young Persons Code was being discussed by a special committee.

The Committee notes the Government’s indication that the bill is still to be adopted. Noting that the Government has been stating since 2010 that an amended Children and Young Persons Code is in the process of being adopted, the Committee expresses the firm hope that the bill will be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years may be allowed to work. It requests that the Government provide information on all progress made in this respect.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that the majority of children under the age of 14 years engaging in an economic activity worked in the informal economy. It noted the allegations of the Confederation of Workers of Colombia that no inspections had been carried out in the informal economy despite the significant number of children working in this sector. It nevertheless noted that, according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs, including in private homes.

The Committee notes the Government’s indication that the National Labour Supervisory Authority (SUNAFIL) has drawn up a “Child labour performance protocol”, which is currently before the National Committee for the Prevention and Elimination of Child Labour (CPETI) for revision with a view to adoption in the near future. The purpose of the Protocol will be to establish guidelines to be followed by labour inspectors to improve the detection of violations. However, the Government indicates that in 2015 there were 257 inspections relating to child labour and only one violation was reported. In addition, the Committee notes that the CATP has expressed concern at the lack of political will to strengthen SUNAFIL. It argues that the investigations carried out by SUNAFIL are in enterprises where there is no child labour, and that the few awareness-raising activities do not target the enterprises most affected by child labour. The Committee also notes that the CATP claims that there is no unit within SUNAFIL that specializes in child labour and that there are not enough inspectors in certain regions to truly eradicate child labour. The Committee therefore requests that the Government once again intensify its efforts to adapt and strengthen the labour inspection services so as to improve inspectors’ capacity to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in this sector enjoy the protection afforded by the Convention. It requests that the Government continue to provide information on the measures taken in this regard and on the results achieved, particularly with regard to the adoption and implementation of the “Child labour performance protocol”.

Article 3(3) of the Convention. Admission to hazardous work from the age of 16 years. The Committee previously noted that, under section 57 of the Children and Young Persons Code, night work by young persons between 15 and 18 years of age might be permitted on an exceptional basis by a judge if it did not exceed four hours per night. The Government indicated that the bill to amend the Children and Young Persons Code stipulated that an exception to the ban on night work laid down in section 57 might be authorized for young persons aged 16 years or over, on condition that the work did not exceed four hours during the period from 7 p.m. to 7 a.m.

The Committee notes the Government’s indication in its report that the new Children and Young Persons Code is still awaiting approval by Parliament to be adopted. Noting that the Government has been stating since 2010 that the new Children and Young Persons Code is in the process of being adopted, the Committee expresses the firm hope that the bill to amend the Children and Young Persons Code will be adopted at the earliest possible date so as to guarantee that only young persons aged 16 years and over may be allowed to carry out night work during the period from 7 p.m. to 7 a.m. for a limited period, in accordance with the conditions laid down in Article 3(3) of the Convention. The Committee requests that the Government provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(3) of the Convention. Admission to hazardous work from the age of 16 years. The Committee previously noted that, under section 57 of the Children and Young Persons Code, night work by young persons between 15 and 18 years of age might be permitted on an exceptional basis by a judge if it did not exceed four hours per night. The Government indicated that the Bill to amend the Children and Young Persons Code stipulated that an exception to the ban on night work laid down in section 57 might be authorized for young persons aged 16 years and over, on condition that the work did not exceed four hours during the period from 7 p.m. to 7 a.m.

The Committee notes the indication that the new Children and Young Persons Code has not yet been adopted. The Committee expresses the firm hope that the Bill to amend the Children and Young Persons Code will be adopted as soon as possible so as to guarantee that only children and young persons over the age of 16 years may be authorized to carry on night work between 7 p.m. and 7 a.m. for a limited period of time, thereby respecting the conditions laid down in Article 3(3) of the Convention. It requests the Government to provide information on any progress made in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report and the comments from the Single Confederation of Workers of Peru (CUT) dated 15 June 2013.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Referring to its previous comments, the Committee notes the CUT’s concerns about the extent and scale of the number of children and young people working in Peru, and about the lack of coordination and dissemination of information on the various measures adopted by the Government to combat child labour among the trade union organizations.

The Committee takes due note of the adoption of the National Action Plan for Children and Young People (PNAIA 2021), and of the National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI). It notes that the ENPETI is focused on four strategic objectives: (i) increasing family income; (ii) cutting drop-out and school failure rates; (iii) eliminating child labour and the hazardous work of young people; and (iv) strengthening the protection services for victims. It notes that, according to the Government, three pilot projects (2012–14) have been implemented in the context of the ENPETI. The “Huánuco” project, introduced in six provinces in this region, provides for cash transfers in the context of the “Juntos” programme to 3,200 families and 4,000 children involved in child labour, as well as for the distribution of vouchers to children and young people attending school and successfully completing the school year. The “Carabayllo” project, introduced in a neighbourhood to the north of the City of Lima where many children and young persons are involved in hazardous work in the informal economy, is planning to benefit a total of 1,000 homes and 1,500 children and young persons. Finally, the “Semilla” project, which sets out to prevent children from hazardous work in the agricultural sector and to remove them from the sector, has been introduced in three regions of the country (Junín, Pasco and Huancavelica) with a view to helping 6,000 children, 1,000 young people and 3,000 families. The Committee also notes the recent adoption of a multi-sectoral care framework to improve national coordination in the area of child labour. Furthermore, it notes that, at the request of the National Committee for the Prevention and Eradication of Child Labour, the National Statistics Institute has included new indicators to discern child labour in the National Household Survey (ENAHO). The findings of the ENAHO 2011, contained in the Government’s report, show that 18.4 per cent of children under 14 years of age are involved in an economic activity and that 33.9 per cent of young persons aged between 14 and 17 years carry out hazardous work. The majority of these children and young persons live in rural areas (58.7 per cent).

While taking due note of the efforts made by the Government, the Committee expresses its concern at the significant number of children engaged in an economic activity or hazardous work. The Committee requests the Government to strengthen its efforts to improve the situation of child labour in the country. It also requests it to submit information on the results obtained from the assessment of the three pilot projects and on the follow-up given to these projects in the context of the ENPETI (2011–21). It also asks the Government to continue providing information on the application of the Convention in practice, including recent statistics on the employment of children and young persons in general and specifically in hazardous occupations, extracts from labour inspection reports showing the number and nature of offences reported and the penalties imposed.

Article 2(1). Minimum age of admission to employment or work. In its previous comments, the Committee noted that section 51(2) of the Children and Young Persons Code allows permission to work to be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children aged from 12 to 14 years to undertake paid work is at the discretion of the administrative authority, which seldom grants it. Given that there are no regulations on light work but that in practice a significant number of children under the age of 14 years work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years be allowed to work. The Government stated that a Bill to amend the Children and Young Persons Code was being discussed by a special committee.

The Committee notes the Government’s indication that the new Children and Young Persons Code has not yet been adopted. The Committee expresses once again the firm hope that the Bill to amend the Children and Young Persons Code will be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years may be allowed to work. It requests the Government to provide information on all progress made in this respect.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. In its previous comments, the Committee noted the CUT’s allegations that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. It nevertheless noted that, according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs, including in private homes.

The Committee notes the CUT’s allegations that no inspection visit has been carried out in the informal economy despite the significant number of children working in this sector. The Committee notes that, according to the Government, a special group of labour inspectors has been trained to undertake preventive measures and identify cases of child labour. It also takes note of the statistics provided in the Government’s report on the inspection visits concerning child labour carried out between 2008 and 2013, but nevertheless observes that these controls were only made on young persons over 14 years of age, therefore those who had already reached the minimum age of admission to employment. In this respect, referring to the 2012 General Survey on the fundamental Conventions concerning the right to work (paragraph 345), the Committee notes that, in certain cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy. Therefore, the Committee calls on State parties to strengthen the capacity of the labour inspectorate. Consequently, the Committee requests the Government to strengthen its efforts to adapt and strengthen the labour inspectorate services so as to improve the inspectors’ capacity to identify instances of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under 14 years of age working in this sector. It requests the Government to provide information on the measures taken in this regard and on the results obtained.

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

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

Article 8 of the Convention. Artistic performances. The Committee noted previously that according to section 21 of Supreme Decree No. 058-2004-PCM issuing regulations to the Performers Act, No. 28131 of 18 October 2003, work done by minors in artistic activities must not: harm the health or the development of the minor; impair the minor’s education; offend against decency and morality. The same provision allows the labour administration to prohibit work by children where the abovementioned requirements are not met. The Government further indicated that the work permits granted were for young persons aged 15 years or over.

The Committee takes due note of the copies of the permits issued in 2010 appended to the Government’s report. It observes that they were only issued for young persons over 14 years of age.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the observation of the General Workers Confederation of Peru (CGTP) on 25 August 2009.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee expressed its concern at the situation of children who are forced to work out of personal need, particularly in small-scale mining operations and as domestic workers. It therefore urged the Government to intensify its efforts to improve the situation gradually and asked it to supply detailed information on the measures taken in this regard as part of the implementation of the “National plan for the prevention and elimination of child labour (2005–10)” and the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), and also on the results achieved. Moreover, the Committee asked the Government to send a copy, once it is finalized, of the study on the scale and features of child labour, which, according to ILO–IPEC information, was in the process of being drawn up.

The Committee notes that, according to the information supplied by the Government in its report, various actions have been undertaken as part of the implementation of the “National plan for the prevention and elimination of child labour”, namely: (i) the setting up of the National Committee for the Prevention and Elimination of Child Labour (CPETI), a coordinating body for public and private institutions working on the prevention and elimination of child labour and the worst forms of child labour; (ii) drawing up for this Committee of the list of hazardous types of work, prohibited for young persons, adopted by Supreme Decree No. 007-2006-MIMDES and valid for two years; (iii) promulgation of the Labour Inspection Act 2006, section 6 of which provides that places where children work are places liable to inspection and section 31 of which prescribes that infringements reported in the area of employment relations must be considered extremely serious in cases where they assume special importance because of failure to comply with an obligation or where there are infringements of workers’ rights which enjoy special protection in the national legislation; (iv) formulation and public presentation of the “Plan of action for the elimination of child labour in small-scale mines”, which comprises objectives and principal activities which have been scheduled for five years to combat this worst form of child labour; (v) presentation of a new proposal to amend the Children and Young Persons Code, in order to bring its provisions into line with the ILO Conventions, the Convention on the Rights of the Child and the national legislation. This proposal has been referred to the Review Commission of the Congress of the Republic (whose mandate has been extended until the end of 2009), and also to two representatives of the CPETI forming part of this Commission; (vi) drawing up in March 2009 of the protocol for the prevention and monitoring of child labour by the Inter-Institutional Action Alliance for the prevention and gradual elimination of child labour in the district of Independencia; (vii) inclusion of provisions relating to child labour and the worst forms of child labour in the Penal Code; (viii) approval of the CPETI “Strategic plan for the prevention and elimination of child labour 2008–10”; (ix) setting up of regional committees and formulation of regional plans for the prevention and elimination of child labour; and (x) laying down of a principle by the “Mi vivienda” (“My housing”) fund in Agreement No. 04-15D-2007, according to which the recipients of allowances must undertake not to use child labour in the implementation of housing projects. The Committee also notes the table of statistics and copies of inspection and infringement reports attached by the Government to its report under the Worst Forms of Child Labour Convention, 1999 (No. 182). It observes that these documents refer to inspections undertaken in the catering, sales and clothing sectors in the province of Lima. The Committee requests the Government to continue to supply information on any measures taken to combat child labour as part of the National plan for the prevention and elimination of child labour (2005–10) and the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), particularly with regard to the situation of children forced to work out of personal need, particularly in small-scale mining operations and as domestic workers, and also on the impact of such measures in relation to the set objective. The Committee also requests the Government to supply statistics relating to the employment of children and young persons throughout the national territory, including information on the number and nature of reported infringements, the number and financial amount of penalties imposed, and extracts from the reports of the inspection services on inspections carried out outside Lima, particularly in the abovementioned sectors.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee previously noted that, under section 51(2) of the Children and Young Persons Code, permission to work could be granted exceptionally to young persons aged 12 or over, provided that the tasks performed do not endanger their health or development or disrupt or restrict their school attendance and enable them to participate in vocational or guidance training programmes. It also noted that, under the terms of section 56 of the Children and Young Persons Code, young persons between 12 and 14 years of age may not work more than four hours per day or 21 hours per week. The Committee noted that, even though these provisions give effect to the Convention by fixing the minimum age for admission to light work at 12 years and prescribe the number of hours of work per day and per week for these types of activity, they do not determine the types of light work. Moreover, the Committee noted the information sent by the Government to the effect that a proposal for defining the concept of light work, determining these types of work and identifying the legal effects thereof was under examination. The Committee expressed the hope that the proposal for determining types of light work being examined by the Government would be adopted in the near future and would take account of the comments referred to above. However, the Committee noted that a draft Act amending the Children and Young Persons Code amends sections 51 and 56 of the Code currently in force, by no longer permitting the employment of persons over 12 years of age in light work. It again expressed the hope that, when adopting the amendments to the Children and Young Persons Code proposed by the draft Act, the Government would take account of the minimum age of 12 years for admission to light work, which would enable the employment of children in these types of work that are performed in reality to be regulated.

The Committee notes the Government’s indication that there is no regulation of light work, that it is left to the discretion of the administrative authority to authorize paid work for children under 14 and over 12 years of age, and that such permission has hardly ever been given. The Government also indicates that the ministry authorizes paid work for children aged 14 years or over and, for the purpose of granting the authorization, the child and the child’s father are summoned in order to check the age and state of health of the child and also the details of the workplace where the child is due to be employed. The ministry checks that the child’s age is not less than 14 years and that the work to be done by the child is not included in the list of hazardous types of work or in the worst forms of child labour established by Convention No. 182. The labour inspectorate verifies observance of the conditions of work, such as hours of work, payment of wages, registration in the social security system, etc., and, if infringements are detected, it imposes the relevant fine. The Committee recalls that, according to the statistics contained in the 2001 report of the National Institute of Statistics and Information Technology entitled “Overview of the work of children and young persons in Peru”, in reality a considerable number of children below 14 years of age are working. In view of the fact that the Government indicates that there is no regulation of light work but that in reality a considerable number of children under 14 years of age are working, the Committee requests the Government to take the necessary steps to ensure that in practice no child under 14 years of age is given permission to work.

Article 2, paragraph 3. Compulsory schooling. In its previous comments the Committee noted that, according to the statistical data contained in the 2001 study entitled “Overview of the work of children and young persons in Peru”, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. It also noted that, according to 2005 figures from the UNESCO Institute for Statistics, 97 per cent of girls and 96 per cent of boys attend primary school while 70 per cent of girls and boys attend secondary school. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Peru in March 2006 (CRC/C/PER/CO/3, paragraph 60), noted with satisfaction the active role of school councils and also programmes developed by the Government, especially in the area of pre-primary education. The CRC also welcomed the increase in the completion rate for primary education in Peru. However, it was still concerned at: (i) the lack of regular school attendance at both primary and secondary level, the very high drop-out and repetition rates, and the fact that nearly one in four adolescents (12–17 years of age) has left school, inter alia because of lack of schools; and (ii) the even higher absenteeism and early drop‑out of girls because of traditional views on their place in society and also owing to early pregnancies. The Committee further noted that, according to information contained in the “National plan for the prevention and elimination of child labour (2005–10)”, apart from regular basic education, the Government has established an alternative form of basic education in the form of literacy programmes in more than 26 training centres. Moreover, each of the plan’s five action strategies provides for the adoption of measures to strengthen education. The Committee encouraged the Government to improve the functioning of the education system in the country. It also asked the Government to step up its efforts to combat child labour by reinforcing measures to enable working children and young persons to enter the education system, whether on a formal or informal basis, or engage in vocational training, on condition that minimum age criteria are respected.

The Committee notes that, according to the information sent by the Government, the “Street teachers” programme launched by the Ministry of Women’s Affairs and Social Development caters for working children to enable them to continue with their schooling. In addition, schoolteachers have constant access to information on the problem of child labour, the risks involved and the alternatives to child labour, and also to a support tool for informing young people about child labour and efforts to combat the worst forms of child labour through the SCREAM programme, which is an educational programme for the defence of children’s rights by means of education, the arts and the media. In addition, the PROJOVEN youth training programme has held 11 free training courses for young persons, enabling them to learn an occupation in order to improve their opportunities of employment and increase their income. These courses promote the development of competencies, aptitudes and skills of young persons in order to improve their performance. The young people are provided with courses in areas including carpentry, information technology, administration and trade, car maintenance, hotels and tourism, textiles and clothing, beauty treatment, agriculture, construction, a total of 1,419 young persons in 12 regions having been trained in 2008. The Committee requests the Government to supply information on any other steps taken to extend the coverage of the school system and strengthen its functioning. It also requests the Government to supply information in its next report on the impact of the abovementioned measures and on school attendance at both primary and secondary level, drop-out and repetition rates, and the early drop-out of girls from school.

Article 3, paragraph 2. Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted with interest the adoption of Supreme Decree No. 007-2006-MIMDES, which approves a detailed list of types of work and employment which are hazardous or harmful to the physical or psychological well-being of young persons (persons between 12 and 18 years of age) and which are prohibited for them. The Committee notes that, according to section 2 of Supreme Decree No. 007-2006-MIMDES, the list is valid for two years from the date of entry into force of the Decree. Noting that Supreme Decree No. 007-2006-MIMDES came into force in July 2006 and the period of validity of the list has therefore already expired, the Committee requests the Government to indicate whether a new list of the types of work and activity which are hazardous or harmful to the physical or psychological well‑being of young persons and are therefore prohibited has already been drawn up in consultation with workers’ and employers’ organizations, in accordance with section 58 of the Children and Young Persons Code. If so, the Committee requests the Government to send a copy of any relevant legislative text or draft text.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee previously noted that, under paragraph A.5 of Supreme Decree No. 007-2006-MIMDES, night work between 7 p.m. and 7 a.m. is considered by its nature to be hazardous work and is prohibited. However, it noted that, under section 57 of the Children and Young Persons Code of 2001, night work (work done between 7 p.m. and 7 a.m.) performed by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per night. The Committee noted the Government’s statement that the Congress of the Republic was examining draft Act No. 064-2006-CR amending the Children and Young Persons Code. One of the proposals of the draft Act is to amend section 57 of the Code to the effect that exceptions to the prohibition on night work laid down by this provision may be authorized by a magistrate or otherwise by the competent authority in respect of young persons from the age of 16 years onwards, and no longer 15 years, on condition that such work does not exceed four hours per night during the period between 7 p.m. and 7 a.m. the Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work for young persons as from the age of 16 years on condition that: (1) their health, safety and morals are fully protected; and (2) they have received adequate specific instruction or vocational training in the relevant branch of activity. It therefore expressed the hope that, as part of the examination of draft Act No. 064-2006-CR, the Government would take account of the comments made above and asked it to supply information on the measures taken or contemplated to ensure that permission to employ young persons as from the age of 16 years in work considered to be hazardous – in this case, night work – would only be granted under the conditions laid down by Article 3(3) of the Convention.

The Committee notes the Government’s indication that draft Act No. 064‑2006-CR amending the Children and Young Persons Code is before the Commission for Justice and Human Rights and the Commission for Women’s Affairs and Social Development for revision. The Committee expresses the firm hope that the Government will ensure that measures are taken to ensure that any exceptional authorization of employment or work for young persons as from the age of 16 years by the national legislation or the competent authority, following consultation of the employers’ and workers’ organizations concerned, is only granted under the conditions laid down by this provision of the Convention. The Committee requests the Government to send a copy of any legislative text relating to this area, once it has been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s information to the effect that regulations adopted under Act No. 28131 of 18 October 2003 on performing artists state that the employment of minors in artistic activities may only be undertaken under the following conditions: the activity must not jeopardize the health or development of the minor, hamper his or her educational development or adversely affect his or her morals. The Government added that the labour administration may prohibit work by a minor in cases where the conditions described above cannot be verified. Noting the Government’s indication that information on this point will be communicated in due course, the Committee again requested the Government to send a copy of the regulations adopted under Act No. 28131 of 18 October 2003 on performing artists and indicate whether these regulations provide for the competent authority to give its authorization in each individual case.

The Committee notes Supreme Decree No. 058-2004-PCM issuing implementing regulations for Act No. 28131 on performing artists, which is attached to the Government’s report. It notes that, according to section 21 of these regulations, the employment of minors in artistic activities must not be harmful to his or her health or development, must not hamper his or her education and must not adversely affect his or her morals. The same section authorizes the labour administration to prohibit young persons from working in cases where the abovementioned conditions are not fulfilled. With regard to minors working on a self-employed basis, it is the district municipalities (which are also responsible for granting permits to children for the purposes of self-employment, in accordance with the Children and Young Persons Code) which have the power to prohibit work done by a minor where the abovementioned conditions are not fulfilled, in accordance with the same section. In this respect, the Committee emphasizes that, under the terms of Article 8(1) and (2) of the Convention, after consultation with the organizations of the employers and workers concerned, where such exist, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of the Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to supply detailed information on the content of permits issued to minors with respect to their participation in artistic activities pursuant to the national legislation. The Committee also requests the Government to supply information on any consultations held in this regard with the employers’ and workers’ organizations concerned.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in a study conducted by the National Institute of Statistics and Information Technology concerning the work of children and young persons in Peru in 2001, more than 1,219,473 children between 6 and 13 years of age work in Peru. It also notes that the Government, in cooperation with ILO/IPEC, has implemented a number of programmes of action concerning the elimination of child labour, including in refuse dumps, coca plantations in the Cusco and Ayacucho jungles, small-scale mines in Mollehuca and La Rinconada, brickworks in Huachipa, mining farms in Santa Filomena and Ayacucho and in domestic work in the homes of other persons.

The Committee notes with interest the “National Plan for the prevention and elimination of child labour (2005–10)”. It notes that the objective of this plan is to prevent and eliminate the work of children under 14 years of age, and also the worst forms of such labour, and to protect the well-being and rights of young workers between 14 and 18 years of age. To this end, the plan provides for the adoption of strategic measures in: (1) awareness raising and communication; (2) legislation; (3) statistics and research; (4) social policies and rights; and (5) training and strengthening of institutions. In addition, the plan proposes to give particular attention to families and children living in poverty. The Committee duly notes that, according to the information available to the Office, the country is currently preparing a Decent Work Country Programme. It also notes that Peru is participating in the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), the goal of which is to prevent the engagement of more than 5,000 boys and girls in child labour or, where applicable, remove them from it. Furthermore, the project intends the implementing measures taken to be indirectly beneficial to families and communities by improving their living conditions. The Committee notes that, according to a 2007 ILO/IPEC study on girls working in mines, boys and girls are engaged in hazardous work in small-scale informal mining operations, with the involvement of girls becoming more and more frequent in extraction, transportation and processing work. It also notes that, according to a 2007 ILO/IPEC study on the prevention of child domestic labour and the vulnerability of children performing domestic work in the homes of other persons, child domestic labour is a widespread practice in the country. Finally, the Committee notes that, according to ILO/IPEC information, a study on the scope and characteristics of child labour is being prepared.

While duly noting the measures taken by the Government to abolish child labour, measures which it considers to be the expression of a political will to develop strategies to combat this problem, the Committee is concerned at the situation of children in Peru who are forced to work out of personal need, particularly in small-scale mining operations and as domestic workers. It therefore urges the Government to intensify its efforts to improve the situation gradually and requests it to supply detailed information on the measures taken in this regard as part of the implementation of the “National Plan for the prevention and elimination of child labour (2005–10)” and the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), and also the results achieved. The Committee also requests the Government to send a copy of the study on child labour once it has been finalized. It also invites it to continue providing information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, and extracts of the reports of the inspection services, particularly regarding inspections conducted in the abovementioned sectors.

Article 2, paragraph 4. Compulsory schooling. The Committee notes that, according to statistics in the study on the work of children and young persons in Peru in 2001, 61.4 per cent of children and young persons enter the labour market without finishing their compulsory schooling.

The Committee notes that, according to 2005 figures from the UNESCO Institute for Statistics, 97 per cent of girls and 96 per cent of boys attend primary school while 70 per cent of girls and boys attend secondary school. It also notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Peru in March 2006 (CRC/C/PER/CO/3, paragraph 60), noted with satisfaction the active role of school councils as well as the programmes developed by the Government, especially in the field of pre-primary education. The CRC also welcomed the increase in the completion rate for primary education in Peru. However, it is still concerned at: (i) the lack of regular school attendance at both primary and secondary level, the very high drop-out and repetition rates, and the fact that nearly one in four adolescents (12–17 years of age) has left school, inter alia because of lack of schools; and (ii) the even higher absenteeism and early drop-out of girls because of traditional views on their place in society and also owing to early pregnancies. The Committee duly notes that, according to information contained in the “National Plan for the prevention and elimination of child labour (2005–10)”, apart from regular basic education, the Government has established an alternative form of basic education in the form of literacy programmes in more than 26 training centres. Moreover, each of the plan’s five action strategies provides for the adoption of measures to strengthen education. In view of the fact that education is one of the most effective means of combating child labour, the Committee encourages the Government to improve the functioning of the education system in the country. In this regard, it requests it to provide information on the measures taken, particularly as part of the implementation of the “National Plan for the prevention and elimination of child labour
(2005–10)”, to increase the school attendance rate and reduce the school drop‑out rate. It also requests the Government to step up its efforts to combat child labour by reinforcing measures to enable working children and young persons to enter the education system, whether on a formal or informal basis, or engage in vocational training, on condition that minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. With reference to its previous comments, the Committee notes with interest the adoption of Supreme Decree No. 007-2006-MIMDES, which approves a detailed list of types of work which are hazardous or harmful to the physical or psychological well-being of young persons and which are prohibited to young persons, namely any person between 12 and 18 years of age.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, under paragraph A.5 of Supreme Decree No. 007-2006-MIMDES, night work between 7 p.m. and 7 a.m. is considered by its nature to be hazardous work and is prohibited. However, it notes that, under section 57 of the Children and Young Persons Code of 2001, night work (work done between 7 p.m. and 7 a.m.) performed by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per day. The Committee notes the Government’s statement that the Congress of the Republic is currently examining draft Act No. 064-2006-CR, the purpose of which is to amend the Children and Young Persons Code. One of the proposals of the draft Act is to amend section 57 of the Code to the effect that exceptions to the prohibition on night work laid down by this provision may be authorized by a magistrate or otherwise by the competent authority in respect of young persons from the age of 16 years onwards, and no longer 15 years, on condition that such work does not exceed four hours per day during the period between 7 p.m. and 7 a.m.

The Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (1) their health, safety and morals are fully protected; and (2) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that, in the context of the examination of draft Act No. 064-2006-CR, the Government will take account of the comments made above. It requests the Government to provide information on the measures taken or contemplated to ensure that permission to employ young persons as from the age of 16 years in work considered to be hazardous – in this case, night work – is only granted under the conditions laid down by Article 3, paragraph 3, of the Convention.

Article 7, paragraphs 3 and 4. Determination of light work. In its previous comments, the Committee noted that, under section 51(2) of the Children and Young Persons Code, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It also noted that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours per day or 21 hours per week. The Committee noted that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work per day and per week for such types of work, they do not specify the types of work that are considered to be light. It asked the Government to determine the types of light work which may be performed by young persons between 12 and 14 years of age. The Committee notes the information supplied by the Government to the effect that proposals to define the concept of light work, determine the types of such work and assess its legal effects are currently under examination. The Committee hopes that the proposals to determine types of light work, which are currently being examined by the Government, will be adopted in the near future and will take account of the comments made above. It requests the Government to provide information on all progress made in this regard.

The Committee also noted that the draft Law amending the Children and Young Persons Code amends sections 51 and 56 of the Code currently in force, to the effect that the employment of young persons over 12 years of age in light work is no longer authorized. It noted that, according to the statistics contained in the 2001 “Review of work by children and young persons in Peru” prepared by the National Institute of Statistics and Information Technology, a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee notes that the Government does not supply any information in this regard. The Committee again expresses the hope that, when adopting the amendments to the Children and Young Persons Code proposed by the draft Act, the Government will take account of the minimum age of 12 years for admission to light work, which will enable the employment of children in these types of work occurring in practice to be regulated. It requests the Government to supply information on all progress made in this regard.

Article 8. Artistic performances. The Committee previously noted the Government’s information to the effect that regulations adopted under Act No. 28131 of 18 October 2003 on performing artists state that work by minors in artistic activities may only be carried out under the following conditions: the activity must not jeopardize the health or development of the minor, delay his or her educational development or adversely affect his or her morals. The Government added that the labour administration may prohibit work by a minor in cases where the conditions described above cannot be verified. Noting the Government’s indication that information on this point will be communicated in due course, the Committee requests the Government once again to send a copy of the regulations adopted under Act No. 28131 of 18 October 2003 on performing artists and indicate whether consultations were held with employers’ and workers’ organizations, in accordance with Article 8 of the Convention.

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

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. 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:

Article 1 of the Convention. National policy. 1. Collaboration with ILO/IPEC. The Committee noted with interest that the Government is collaborating with ILO/IPEC with a view to eliminating child labour and that, for this purpose, it has renewed until 2007 its Memorandum of Understanding (MoU). It also noted that the Government, with the assistance of ILO/IPEC, has established programmes of action and activities with the objective of eliminating child labour. These programmes of action and activities are: the elimination of the sexual exploitation of children; the elimination of child labour and education; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the prevention and elimination of child labour in rubbish dumps; the prevention and elimination of abuse and sexual exploitation in domestic work; the prevention and elimination of child domestic labour in the homes of other persons in Cajamarca; the elimination of child labour in mining farms in Santa Filomena and Ayacucho; the progressive elimination of child labour in small-scale mines in Mollehuca, La Rinconada; and the progressive elimination of child labour in the brick works of Huachipa. The Committee requests the Government to provide information on the impact of the programmes of action and activities referred to above in relation to the elimination of child labour.

2. National plans. The Committee noted the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of bodies representing government agencies, employers’ and workers’ organizations and civil society. The function of the Steering Committee is to coordinate policies and programmes for the elimination of child labour. The Committee of Experts also noted that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate work by children under 14 years of age and to protect young persons between 14 and 18 years of age who are engaged in work. The Committee requests the Government to provide a copy of the National Plan as soon as its formulation has been completed. Furthermore, the Committee noted that the Government has formulated a National Plan of Action for Children and Young Persons (2002–10). It requests the Government to provide information on the impact of this National Plan of Action in relation to the elimination of child labour.

Article 2, paragraph 3. Age of completion of compulsory schooling. Under the terms of section 32 of the General Education Act No. 28044 of 17 July 2003 (hereinafter, Act No. 28044), basic education, which is organized into regular, alternative or special basic education, is compulsory. Under the terms of section 36 of Act No. 28044, regular basic education includes three levels, namely: the initial level of education, intended for children between 0 and 2 years of age in a form that does not involve school attendance and those between 3 and 5 years involving school attendance; the primary level of education, which lasts six years; and the secondary level of education, which lasts five years. From a reading of this provision, it was the Committee’s understanding that the age of completion of compulsory schooling is 16 years. However, the minimum age for admission to employment or work specified by Peru is 14 years. The Committee considered that compulsory schooling is one of the most effective means of combating child labour. However, if the age of completion of compulsory schooling and the minimum age for admission to employment or work do not coincide, various problems may arise. If the age of completion of compulsory schooling is higher than the minimum age for admission to employment or work, children who are required to attend school may also be legally competent to work and may therefore be encouraged to drop out of school (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee noted the study carried out by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”. According to the statistics contained in this study, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. The Committee also noted that in its concluding observations on the Government’s second periodic report in February 2000 (CRC/C/15/Add.120, paragraph 25), the Committee on the Rights of the Child noted with appreciation the Government’s achievements in the field of education. It nevertheless remained concerned about the high drop-out and repetition rates in primary and secondary school, and about the disparities in access to education between rural and urban areas. The Committee requests the Government to indicate the manner in which attendance at compulsory schooling is secured in practice. It also requests the Government to provide information on the enrolment and school attendance rates.

Article 3, paragraph 2. Hazardous types of work and the determination of such types of work. The Committee noted that, under the terms of section 58(1) of the Code of Children and Young Persons, work by young persons (any human being between the age of 12 and 18 years – section 1) shall be prohibited in underground basements, work involving the handling of excessive weights or toxic substances and activities in which the young person’s safety or that of others is under her or his responsibility. The Committee also noted that Chapter III(D) of Decision No. 128‑94-TR issuing instructions on the authorization of young persons to work, of 25 August 1994, prohibits work by young persons in: (1) underground basements and work involving the handling of excessive weights; (2) activities that are hazardous or harmful to health or morals; (3) activities in which the young person’s safety or that of others is under her or his responsibility; and (4) work involving the handling of explosive or inflammable substances. The Committee noted that the Bill to amend the Code of Children and Young Persons amends section 58 of the current Code and adds a new provision containing a list of hazardous types of work. The Committee also noted that, in its report provided under Convention No. 182, the Government indicates that a list of hazardous types of work has been adopted and that the list was appended to the Government’s report. It requests the Government to indicate whether the list of hazardous types of work included in the new provision of the draft Code of Children and Young Persons is in addition to the list adopted by the Government.

Article 7, paragraphs 1 and 3. Determination of light work. The Committee noted that, under the terms of section 51(2) of the Code of Children and Young Persons, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It further noted that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours in the day or 21 hours in the week. The Committee noted that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work in the day and in the week for such types of work, they do not specify the activities that are considered to be light. It reminded the Government that, under Article 7, paragraph 3, of the Convention, the competent authority, in addition to prescribing the number of hours during which and the conditions in which light work may be authorized, shall also determine the activities in which light work may be permitted. The Committee therefore requests the Government to determine the types of light work which may be performed by young persons between the ages of 12 and 14 years.

The Committee also noted that the Bill to amend the Code of Children and Young Persons amends sections 51 and 54 of the Code that is currently in force and no longer authorizes the employment of young persons over 12 years of age on light work. However, the Committee noted that, according to the statistics contained in the report prepared by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”, a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee hopes that, when adopting the amendments to the Code of Children and Young Persons proposed in the Bill, the Government will take its comments into account, particularly with regard to the minimum age for admission to light work and the determination of these types of work. It requests the Government to keep it informed of any progress achieved in this respect.

Article 8. Artistic performances. The Committee noted that, under the terms of section 33(1) of Act No. 28131 on performing artists, of 18 October 2003, a young person may be an artist from birth. Such a person has the same rights and social benefits as an adult. It also noted that, under section 33(2) of Act No. 28131, a contract for a young artist must ensure the optimal psychological, physical and moral conditions in which her or his skill is developed and her or his emotional, affective and educational stability protected. By virtue of section 33(3) of the Act, regulations issued under the Act shall set out the working conditions of minors who are performers. The Committee noted the Government’s indications that regulations issued under Act No. 28131 provide that work by minors in artistic activities may only be carried out under the following conditions: the activity shall not jeopardize the health or development of the minor, delay her or his educational development or be harmful to her or his morals and good behaviour. The Government added that the labour administration may prohibit work by a minor in cases where the conditions set out above cannot be verified. With regard to minors working on their own account, municipal authorities, in accordance with the Code of Children and Young Persons (sections 52 and 54), are responsible for issuing authorizations for work by minors. The Government also indicated that fewer than 1 per cent of applications for work authorizations for young persons relate to artistic performances and that the children concerned are aged 15 years or over. The Committee requests the Government to provide a copy of the regulations issued under Act No. 28131 respecting performing artists of 18 October 2003. Furthermore, it requests the Government to indicate whether consultations were held with the organizations of employers and workers, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee noted that, according to the statistical data contained in the study carried out by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”, some 1,219,473 children between the ages of 6 and 13 years are engaged in work in Peru and only 38.6 per cent of children and young persons enter the labour market after reaching the minimum age for admission to employment or work, namely 14 years. The Committee noted the statistics provided by the Government concerning the number of authorizations to work issued in 2003. According to these data, 1,464 authorizations to work were granted in 2003. The Committee noted that the number of authorizations to work is significantly lower than the statistics on the number of children working in Peru. The Committee observed that, according to the statistics referred to above, the application of the regulations on child labour appears to be encountering difficulties and that child labour is a problem in practice. The Committee expressed its concern at the real situation of young children in Peru who are compelled to work to meet their personal needs. It therefore strongly encourages the Government to redouble its efforts to improve this situation progressively. It also requests the Government to continue providing detailed information on the effect given to the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts from the reports of the inspection services.

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

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. National policy. 1. Collaboration with ILO/IPEC. The Committee notes with interest that the Government is collaborating with ILO/IPEC with a view to eliminating child labour and that, for this purpose, it has renewed until 2007 its Memorandum of Understanding (MoU). It also notes that the Government, with the assistance of ILO/IPEC, has established programmes of action and activities with the objective of eliminating child labour. These programmes of action and activities are: the elimination of the sexual exploitation of children; the elimination of child labour and education; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the prevention and elimination of child labour in rubbish dumps; the prevention and elimination of abuse and sexual exploitation in domestic work; the prevention and elimination of child domestic labour in the homes of other persons in Cajamarca; the elimination of child labour in mining farms in Santa Filomena and Ayacucho; the progressive elimination of child labour in small-scale mines in Mollehuca, La Rinconada; and the progressive elimination of child labour in the brick works of Huachipa. The Committee requests the Government to provide information on the impact of the programmes of action and activities referred to above in relation to the elimination of child labour.

2. National plans. The Committee notes the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of bodies representing government agencies, employers’ and workers’ organizations and civil society. The function of the Steering Committee is to coordinate policies and programmes for the elimination of child labour. The Committee of Experts also notes that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate work by children under 14 years of age and to protect young persons between 14 and 18 years of age who are engaged in work. The Committee requests the Government to provide a copy of the National Plan as soon as its formulation has been completed. Furthermore, the Committee notes that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10). It requests the Government to provide information on the impact of this National Plan of Action in relation to the elimination of child labour.

Article 2, paragraph 3. Age of completion of compulsory schooling. Under the terms of section 32 of the General Education Act No. 28044 of 17 July 2003 (hereinafter, Act No. 28044), basic education, which is organized into regular, alternative or special basic education, is compulsory. Under the terms of section 36 of Act No. 28044, regular basic education includes three levels, namely: the initial level of education, intended for children between 0 and 2 years of age in a form that does not involve school attendance and those between 3 and 5 years involving school attendance; the primary level of education, which lasts six years; and the secondary level of education, which lasts five years. From a reading of this provision, it is the Committee’s understanding that the age of completion of compulsory schooling is 16 years. However, the minimum age for admission to employment or work specified by Peru is 14 years. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. However, if the age of completion of compulsory schooling and the minimum age for admission to employment or work do not coincide, various problems may arise. If the age of completion of compulsory schooling is higher than the minimum age for admission to employment or work, children who are required to attend school may also be legally competent to work and may therefore be encouraged to drop out of school (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee notes the study carried out by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001". According to the statistics contained in this study, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. The Committee also notes that in its concluding observations on the Government’s second periodic report in February 2000 (CRC/C/15/Add.120, paragraph 25), the Committee on the Rights of the Child noted with appreciation the Government’s achievements in the field of education. It nevertheless remained concerned about the high drop-out and repetition rates in primary and secondary school, and about the disparities in access to education between rural and urban areas. The Committee of Experts requests the Government to indicate the manner in which attendance at compulsory schooling is secured in practice. It also requests the Government to provide information on the enrolment and school attendance rates.

Article 2, paragraphs 4 and 5. Specification of the minimum age for admission to employment or work of 14 years. The Committee notes the Government’s indication that employers’ and workers’ organizations were consulted on the issue of the determination of the minimum age for admission to employment or work of 14 years. The Committee also draws the Government’s attention to Article 2, paragraph 5, of the Convention, which provides that each Member which has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization a statement on the reasons for its decision to specify that age.

Article 3, paragraph 2. Hazardous types of work and the determination of such types of work. The Committee notes that, under the terms of section 58(1) of the Code of Children and Young Persons, work by young persons (any human being between the age of 12 and 18 years - section 1) shall be prohibited in underground basements, work involving the handling of excessive weights or toxic substances and activities in which the young person’s safety or that of others is under her or his responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing instructions on the authorization of young persons to work, of 25 August 1994, prohibits work by young persons in: (1) underground basements and work involving the handling of excessive weights; (2) activities that are hazardous or harmful to health or morals; (3) activities in which the young person’s safety or that of others is under her or his responsibility; and (4) work involving the handling of explosive or inflammable substances. The Committee notes that the Bill to amend the Code of Children and Young Persons amends section 58 of the current Code and adds a new provision containing a list of hazardous types of work. The Committee also notes that, in its report provided under Convention No. 182, the Government indicates that a list of hazardous types of work has been adopted and that the list was appended to the Government’s report. It requests the Government to indicate whether the list of hazardous types of work included in the new provision of the draft Code of Children and Young Persons is in addition to the list adopted by the Government.

Article 7, paragraphs 1 and 3. Determination of light work. The Committee notes that, under the terms of section 51(2) of the Code of Children and Young Persons, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It further notes that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours in the day or 21 hours in the week. The Committee notes that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work in the day and in the week for such types of work, they do not specify the activities that are considered to be light. It reminds the Government that, under Article 7, paragraph 3, of the Convention, the competent authority, in addition to prescribing the number of hours during which and the conditions in which light work may be authorized, shall also determine the activities in which light work may be permitted. The Committee therefore requests the Government to determine the types of light work which may be performed by young persons between the ages of 12 and 14 years.

The Committee also notes that the Bill to amend the Code of Children and Young Persons amends sections 51 and 54 of the Code that is currently in force and no longer authorizes the employment of young persons over 12 years of age on light work. However, the Committee notes that, according to the statistics contained in the report prepared by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001", a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee hopes that, when adopting the amendments to the Code of Children and Young Persons proposed in the Bill, the Government will take its comments into account, particularly with regard to the minimum age for admission to light work and the determination of these types of work. It requests the Government to keep it informed of any progress achieved in this respect.

Article 8. Artistic performances. The Committee notes that, under the terms of section 33(1) of Act No. 28131 on performing artists, of 18 October 2003, a young person may be an artist from birth. Such a person has the same rights and social benefits as an adult. It also notes that, under section 33(2) of Act No. 28131, a contract for a young artist must ensure the optimal psychological, physical and moral conditions in which her or his skill is developed and her or his emotional, affective and educational stability protected. By virtue of section 33(3) of the Act, regulations issued under the Act shall set out the working conditions of minors who are performers. The Committee notes the Government’s indications that regulations issued under Act No. 28131 provide that work by minors in artistic activities may only be carried out under the following conditions: the activity shall not jeopardize the health or development of the minor, delay her or his educational development or be harmful to her or his morals and good behaviour. The Government adds that the labour administration may prohibit work by a minor in cases where the conditions set out above cannot be verified. With regard to minors working on their own account, municipal authorities, in accordance with the Code of Children and Young Persons (sections 52 and 54), are responsible for issuing authorizations for work by minors. The Government also indicates that fewer than 1 per cent of applications for work authorizations for young persons relate to artistic performances and that the children concerned are aged 15 years or over. The Committee requests the Government to provide a copy of the regulations issued under Act No. 28131 respecting performing artists of 18 October 2003. Furthermore, it requests the Government to indicate whether consultations were held with the organizations of employers and workers, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistical data contained in the study carried out by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001", some 1,219,473 children between the ages of 6 and 13 years are engaged in work in Peru and only 38.6 per cent of children and young persons enter the labour market after reaching the minimum age for admission to employment or work, namely 14 years. The Committee notes the statistics provided by the Government concerning the number of authorizations to work issued in 2003. According to these data, 1,464 authorizations to work were granted in 2003. The Committee notes that the number of authorizations to work is significantly lower than the statistics on the number of children working in Peru. The Committee observes that, according to the statistics referred to above, the application of the regulations on child labour appears to be encountering difficulties and that child labour is a problem in practice. The Committee expresses its concern at the real situation of young children in Peru who are compelled to work to meet their personal needs. It therefore strongly encourages the Government to redouble its efforts to improve this situation progressively. It also requests the Government to continue providing detailed information on the effect given to the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts from the reports of the inspection services.