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

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

Previous comments: observation and direct request

Articles 3(d) and 7(2)(a) and (b) of the Convention. Hazardous types of work and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these worst forms and to ensure their rehabilitation and social integration. Child domestic labour. The Committee notes the Government’s information, in its report under the Minimum Age Convention, 1973 (No. 138), on the adoption of Act No. 31047 of 2020 on Domestic Workers, which sets the minimum age for engagement in domestic work at 18 years (section 7). It further notes that section 23 of Act No. 31047 provides that the labour inspectorate can inspect the home where a domestic worker is working, on the condition that the employer has consented to it or with judicial authorization to do so. The Committee also notes, from Supreme Decree No. 009-2022-MIMP that the list of hazardous work includes “domestic work” as prohibited for children and young persons under 18 years (section 1.3.4). The Committee notes however that section 63 of the Code of Children and Young Persons (CNA) envisages the conditions under which an adolescent may be engaged in domestic work, in contradiction with Act No. 31047 and Supreme Decree No. 009-2022-MIMP which prohibit such work for young persons under the age of 18 years. Finally, the Committee notes that the Government does not provide information on the activities of the labour inspection services in relation to domestic work. The Committee requests the Government to provide information on: (i) how it is ensured that the application in practice of section 63 of the CNA does not contravene with the prohibition of domestic work for persons under 18 years, contained in Act No. 31047 and Supreme Decree No. 009-2022-MIMP; (ii) the application in practice of Act No. 31047 and Supreme Decree No. 009-2022-MIMP, including the number and nature of violations regarding young persons engaged in domestic work in hazardous conditions; and (iii) the measures taken to remove children and young persons from such types of work and ensure their rehabilitation and social integration.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying children at special risk. Children in street situations and begging. The Committee notes the Government’s indication, in its report, that through the Street Educators’ Service, the National Family Welfare Institute (INABIF), provided assistance services to 8,841 children aged 0 to 17 years in 2021, and to 9,570 children in 2022. The Committee also notes that section 40 of the CNA provides that children and young persons living in the streets have the right to participate in programmes aimed at eradicating begging and ensuring their physical and psychological development and educational process, and that the Ministry of Women and Vulnerable Populations (MIMP) is responsible for developing such programmes. Recalling that children in street situations are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to continue providing information on the measures taken, including in the application of section 40 of the CNA by the MIMP or the INABIF, to identify children in street situations and protect and withdraw them from the worst forms of child labour, and on the results achieved in this respect. It further requests the Government to provide information on the number of children in street situations in the country.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. The Committee notes the Government’s participation in the Regional Initiative for a Latin America and Caribbean Free from Child Labour, which seeks to accelerate and intensify actions to prevent and eradicate child labour and its worst forms by strengthening inter-institutional coordination and promoting coordination between different levels of government.

The Committee notes, from the technical report of the National Institute of Statistics and Informatics (INEI) “Evolution of Monetary Poverty 2010–2021”, that in 2021, 25.9 per cent of the population (8.56 million persons) was in a situation of poverty, including 4.1 per cent in extreme poverty, while 34.6 per cent of the population (11.43 million persons) was in a situation of economic vulnerability (that is, at risk of falling into poverty). The report highlights that the increase in poverty since 2019 (when it was at 20.9 per cent) is due to the COVID-19 pandemic, and that there has been a decrease compared to 2020 (at 30.1 per cent). The Committee notes the Government’s indication that Supreme Decree No. 008-2022-MIDIS, adopted in 2022, approved the National Policy on Development and Social Inclusion for 2030 (PNDIS) which seeks to reduce social exclusion and poverty and thus directs its actions towards the population in situation of poverty or at risk of falling into poverty. Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the PNDIS and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

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

Previous observation and previous direct request

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2023. It requests the Government to provide its comments in this respect.

Articles 3(a) and (b), 5, 7(1) and 7(2)(a) and (b) of the Convention. Worst forms of child labour,, penalties, programmes of action and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. Sale, trafficking and commercial sexual exploitation of children. The Committee notes the Government’s information, in its report, that Supreme Decree No. 008-2022-MINCETUR amends the Regulations of Act No. 28868 to introduce higher fines for tourist establishments (hotels and restaurants) and travel agencies who fail to take appropriate actions to prevent and report cases of children being subjected to commercial sexual exploitation and trafficking. The Committee also notes the Government’s indication that the National Policy Against Trafficking in Persons and its forms of exploitation up to 2030 was approved by Supreme Decree No. 009-2021-IN and seeks to guide the Government’s actions at all three levels (national, regional and municipal) in the development of interventions against trafficking in persons.

The Committee notes, from the Analysis Report No. 5 of the Public Ministry “The response of the Public Ministry to human trafficking”, published in collaboration with the ILO, that between 2015 and 2021, 375 child victims of trafficking were identified, most of them aged between 13 and 17 years (317 children), with a higher proportion of girls than boys (227 girls and 141 boys). The Committee notes that this report sets out the modalities of recruitment of the victims (parents, seduction, job offer), how the victims were detained (locked-up, physical and psychological violence, retention of identification papers), as well as the locations of exploitation (bars, public streets, night clubs, factories). The Committee further notes the Government’s indication that the Office of Rationalization and Statistics of the Public Ministry, in 2022, registered 40 cases of sexual exploitation of a child, 43 cases of benefitting from the sexual exploitation of a child, 17 cases of management of the sexual exploitation of a child, 13 cases of use of a child for commercial sexual exploitation, 7 cases of promotion of sexual exploitation of a child, and 146 cases of child pornography. The Committee takes note of the list of judicial cases relating to trafficking in persons and commercial sexual exploitation, which includes information about the convictions handed down and the penalties imposed, but it notes that this information is not disaggregated by the age of the victims.

The Government indicates that the Ministry of Foreign Trade and Tourism (MINCETUR), intervenes in the field of prevention of sexual exploitation of children and adolescents in tourism, and that, in collaboration with regional entities, it organizes awareness-raising events on the issue and encourages the subscription of the Code of Conduct for the prevention of sexual exploitation of children among tourism service providers. The Government also reports that, in 2021, four preventive actions on trafficking for the purpose of sexual exploitation were undertaken and benefitted 251 persons. In 2022, 235 preventive actions were undertaken, in the form of talks and workshops on trafficking in persons, reaching 6,000 persons. In 2023, 14 preventive actions were undertaken, benefiting 350 persons.

With regard to the rehabilitation of child victims of trafficking, the Government indicates that, in 2022, Special Protection Units elaborated and approved 21 individual work plans with a component of reintegration of a child or adolescent victim of trafficking. The Government adds that the Protection and Assistance Programme for Victims and Witnesses of the Public Ministry, in addition to providing support for prosecutorial work, also provides a number of services to victims of trafficking, including meals, clothing, medical services and accommodation. In the framework of this programme, between 2019 and 2022, 3,154 victims of trafficking were provided with assistance, including 1,442 children.

With regard to its previous comments, the Committee notes the Government’s indication that the National Comprehensive Programme for Family Wellbeing (INABIF) has six residential reception centres specifically designed for the reception of children and adolescent victims of trafficking. The Government indicates that, currently 74 minors are residing in these Centres and receiving comprehensive care services. These Centres welcomed a total of 280 underaged child victims of trafficking in 2021, and 206 child victims in 2022. The Committee further notes the Government’s indication that the National Aurora Programme, through the Women’s Emergency Centres (CEM), attended to 68 victims of trafficking for the purpose of sexual exploitation in 2021, including 41 children, and 102 victims, including 81 child victims in 2022. The Committee notes that the CATP, in its observations, indicates that the preventive actions of the Aurora programme are limited because of its limited budget and that, for 2024, the Aurora Programme’s budget was reduced by 40 per cent. The CATP further observes that the efforts deployed by the Government are insufficient to address the issue of trafficking in the country and that there is a general lack of awareness of the various national policies by the population. The Committee further notes, from the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), that the country continues to be a country of origin, transit and destination for trafficking in persons, in particular women and girls, for the purposes of sexual exploitation, including online and sex tourism (CEDAW/C/PER/CO/9, 1 March 2022, paragraph 27). The Committee requests the Government to pursue its efforts to prevent the trafficking of children and their commercial sexual exploitation. It requests the Government to continue to take effective and time-bound measures to this end, including within the framework of the National Policy Against Trafficking in Persons and its forms of exploitation up to 2030, and to provide information on the impact of such measures. The Committee further requests the Government to continue providing information on: (i) the number of investigations, prosecutions and convictions relating specifically to the offences of child trafficking and the commercial sexual exploitation of children; and (ii) the measures taken, including within the framework of the Protection and Assistance Programme for Victims and Witnesses of the Public Ministry and the Residential Reception Centres of the INABIF, to provide the necessary and appropriate direct assistance to free children and young persons who are victims of trafficking and commercial sexual exploitation, with an indication of the number of children who were removed, rehabilitated and socially integrated.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour, and to ensure their rehabilitation and social integration. Child labour in artisanal mines. The Committee notes that, under section 58 of the Code of Children and Young Persons, adopted in 2022, it is prohibited to employ adolescents (defined as a person aged 12 to 17 years) in underground work, in activities that involve carrying heavy loads or toxic substances. The Committee further notes with interest the Government’s indication that Supreme Decree No. 009-2022-MIMP sets out a list of hazardous work and activities prohibited to children under the age of 18 years in which the engagement of minors in mining activities (including underground work and quarries) is prohibited. The Government adds that this includes artisanal mining.

The Committee notes the Government’s information that, following labour inspections in mines and quarries, the National Supervisory Authority of Labour Inspection (SUNAFIL) detected four cases of child labour in 2021 and two cases in 2022. The Committee notes however that no information is provided on the follow-up to these cases and whether they lead to prosecutions, convictions and penalties. The Committee also notes with concern that, once again, the Government has not provided information on the measures taken in practice to remove children from this worst form of child labour and ensure their rehabilitation and social integration. It further notes that the United Nations Human Rights Committee on the International Covenant on Civil and Political Rights (CCPR), in its concluding observations, requested the Government to redouble its efforts to eradicate child labour, particularly in extractive industry and illegal mining (CCPR/C/PER/CO/6, 5 April 2023, para. 41). The Committee requests the Government to take effective and time-bound measures to prevent children under 18 years of age from engaging in hazardous work in artisanal mines and to ensure the removal, rehabilitation and social integration of those already engaged in such work. It requests the Government to provide information on the results achieved, including by indicating: (i) the impact of any preventive measures taken or envisaged; and (ii) the number of children and young persons who have been removed, rehabilitated and socially integrated. The Committee further requests the Government to continue to provide information on the application in practice of Supreme Decree No. 009-2022-MIMP, by indicating the number of reported violations with regard to the engagement of children under the age of 18 years in the mining and quarrying sector, and to include information on whether the violations detected led to prosecutions, convictions and penalties.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying children at special risk. Indigenous children. The Committee notes the Government’s indication that the National Programme on Action Platforms for Social Inclusion (PAIS) has been articulating intersectoral and interinstitutional interventions directed towards indigenous communities, and that a number of actions were directly targeted towards children aged below 14 years, such as online reading services, health services and language interpretation services. The Government also states that it does not have information on the implementation of the previously mentioned National Plan for Intercultural Bilingual Education: A vision for 2021, but that it will provide such information once it is available. The Committee notes, from the UNICEF Peru Country Office Annual Report of 2022, that because of the COVID-19 pandemic, students of indigenous origins have seen their language gap increase. The Committee also notes that the CCPR, in its concluding observations, expressed concern over the vulnerability of indigenous persons and Afro-Peruvians and the persistent structural discrimination directed against them, particularly women and girls, in the areas of education and employment (CCPR/C/PER/CO/6, 5 April 2023, para. 16). The Committee further notes, from the ILO publication of 2023 “Issue Paper on child labour and education exclusion among indigenous children”, that in 2020: (1) 2 per cent of children aged 14 years were engaged in hazardous work, compared to 4 per cent of indigenous children of the same age; and (2) 17.5 per cent of indigenous children aged 14 years were out of school. The Committee also notes that the Issue Paper refers to the widespread sexual exploitation of indigenous girls in mining areas. Recalling that children of indigenous communities are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to step up its efforts and to continue taking measures, particularly in the field of education, to protect them from the worst forms of child labour. It requests the Government to provide: (i) information on the impact of the measures taken, including in the framework of the National Plan for Intercultural Bilingual Education: A vision for 2021; and (ii) updated statistical data on the engagement of indigenous children in child labour and its worst forms.

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

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 (see Article 7(2)(d) below), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children and begging. The Committee previously requested the Government to continue to provide information on the measures taken for the identification and protection of street children against the worst forms of child labour, particularly in the context of the Yachay programme and the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2012–21 (ENPETI).

The Committee notes the Government’s indication that in 2016 the national Yachay programme developed a pilot intervention plan for the implementation of action for prevention in San Juan de Lurigancho, which is included in results-oriented programme 117 “Quality care for girls, boys and young people presumed to be abandoned”. This action programme enables them to reinforce their skills in a protected environment through strategies such as awareness raising and the participation of children and young people in recreational activities, training for teachers and managers, skills development for children and young people and advocacy with community authorities. In this regard, a games-based intervention is being developed to strengthen the competencies of children and young people exposed to the risk of the absence of protection in the areas of San Juan de Lurigancho and La Victoria. During the first quarter of 2019, a total of 305 girls, boys and young people participated in these recreational workshops.

The Committee notes that since 2018 the Yachay programme has been under the authority of the National Family Welfare Institute (INABIF), and is currently known as the Street Educators Service. 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) regret that the Yachay programme was discontinued, in spite of its good results. The two profiles for priority beneficiaries determined by the Street Educators Service are for children subjected to begging and street children. With regard to begging, 453 children were provided with support by the Street Educators Service during the first quarter of 2019 (compared with 474 children in 2018) and, in the case of street children, a total of 364 children were supported by the Street Educators Service during the first half of 2019 (compared with 441 children in 2018). The Committee also notes that a total of 6,742 street girls, boys and young people were provided with national identity documents between 2018 and 2019 and that a total of 6,112 girls, boys and young people had access to the health system in 2018 and 2019 (89 per cent in 2019, compared with 11 per cent in 2018). Finally, between January and June 2019, particular attention was given to 6,868 girls, boys and young people throughout the country. The Committee also notes that Presidential Decree No. 002-2017-MIMP provides for the merger of the national Street Educators Service and Vida Digna programmes into the Comprehensive National Family Welfare Programme of the INABIF. It further notes that, in its supplementary information, the Government refers to the elaboration, by the Public Prosecutor Office, of a model for the implementation of a geographically referenced real time mapping of the operations against begging of children in Lima streets. The Committee requests the Government to continue providing information on the measures adopted in this regard, including within the context of the Comprehensive National Family Welfare Programme implemented by the INABIF. To the extent possible, such data should be disaggregated by age and gender.

Indigenous children. The Committee previously requested the Government to provide information on the new measures and programmes implemented to protect indigenous children from the worst forms of child labour, particularly in the field of education, with a view to reducing their vulnerability, and on the results achieved.

The Committee notes the implementation of two interventions, relating to secondary school tutorship and school catch-up courses, undertaken by the ENPETI within the context of the Semilla project. The latter came to an end in 2018, and its programmes have been transferred to the Ministry of Education (MINEDU). Within this framework, since February 2019, the secondary school tutorship programme has formed part of the rural education service and covers four regions: Pasco, Junín, Huancavelica and Ucayali. The MINEDU covers the costs associated with its operation and 764 students benefit from the programme. The school catch-up programme is regarded as a priority for action by the MINEDU. It has assisted 1,800 students who are behind in their schooling in the regions of Pasco, Huancavelica and Junín. The Government emphasizes that 83 per cent of the participants made up the backlog that they had accumulated in their schooling. The programme has developed its own methodology, including an operating manual and the provision of learning materials to beneficiaries. However, according to the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination of 23 May 2018, the application of the National Plan for Intercultural Bilingual Education: A vision for 2021, is limited, particularly in secondary school. It also noted the difficulties faced by children and young persons belonging to indigenous peoples and the Afro-Peruvian community in gaining access to a quality education, particularly in rural and remote areas (CERD/C/PER/CO/22-23, paragraph 32). The Committee requests the Government to continue to provide information on the results achieved through the various government programmes, including the results of the National Plan for Intercultural Bilingual Education: A vision for 2021.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. The Committee previously encouraged the Government to intensify its efforts to reduce the incidence of poverty, especially in the poorest regions, which is essential for the elimination of the worst forms of child labour. It once again requested the Government to provide information on the measures taken and the results achieved in the context of the ENPETI.

The Committee notes from the Government’s report that the Ministry of Development and Social Inclusion (MIDIS) is responsible for the national development and social inclusion policy with a view to reducing poverty, inequality, vulnerability and social risks. In 2016, the sustainable social action strategy was adopted by Presidential Decree No. 003-2016-MIDIS and constitutes the national social development and inclusion policy.

The Committee notes, according to the indications of the Ministry of Labour and Employment Promotion, the adoption of the project entitled: “Improving household revenue through the development of productive work, entrepreneurs and technical skills with a view to reducing the incidence of child labour”. This project aims at reducing the incidence of child labour in 370 families in the regions of Huánuco, Lima and Tacna. The project is awaiting agreement with the executing agency with a view to its implementation in the near future.

The Committee also notes that the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) is the body that draws up the National Plan for the Prevention and Elimination of Child Labour. Accordingly, it coordinates the integration of the activities of the International Programme for the Elimination of Child Labour in the national programme and also supervises and coordinates the ENPETI, one of the objectives of which is to achieve a sustainable increase in the family income of poor families with children who are at risk of or are engaged in child labour. The Committee requests the Government to provide information on the results achieved by the CPETI, within the framework of the ENPETI and the International Programme for the Elimination of Child Labour. It also requests the Government to provide information on the measures adopted and the results achieved through the sustainable social action strategy of the MIDIS, adopted in 2016.

Observation (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.

Articles 3(a) and (b), and 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. The Committee previously requested the Government to take immediate and effective measures to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation. The Committee also once again requested the Government to ensure that thorough investigations are conducted and robust prosecutions undertaken of persons who employ children in the worst forms of child labour and that sufficiently effective and dissuasive penalties are imposed upon them in practice.

The Committee notes with interest that, in its supplementary information, the Government refers to the adoption of Act No. 30963 of 18 June 2019 which introduces new sections in the Penal Code in order to strengthen the protection afforded to children against sexual exploitation, providing for prison sentences from 10 years to perpetuity (sections 153-H, 153-I and 153-J). It further notes the adoption of Supreme Decree No. 009-2019-MIMP of 10 April 2019 on the guidelines for the elaboration of an individual reintegration plan for victims of trafficking which provides guidance on the procedures that should be followed by the different stakeholders involved, in order to strengthen the assistance provided to victims of trafficking, including child victims. The Committee takes due note of the Government’s indication of the adoption of Act No. 30925 of 5 April 2019, which reinforces the establishment of temporary shelters for victims of trafficking in persons and sexual exploitation. It also notes the adoption of Act No. 3082 of 26 June 2018, which sets out the conditions for the entry of girls, boys and young people into shelters to guarantee their protection and safety. The Act also penalizes providers of tourist services in cases where they facilitate or permit the sexual exploitation of children in their establishments or do not report to the competent authority acts related to the sexual exploitation of children. The Committee also notes the two decisions adopted by the Ministry of Foreign Trade and Tourism: the first decision (No. 430-2018-MINCETUR) approves a code of conduct to combat the sexual exploitation of girls, boys and young people in the field of tourism, intended for providers of tourist services; the second decision (No. 299-2018-MINCETUR) concerns the content of posters to be placed in tourist establishments which shall contain information relating to sexual exploitation, as well as the legal provisions establishing criminal penalties for offences related to the sexual exploitation in the tourism sector of girls, boys and young persons.

The Committee notes the executive report of the Information Department of judicial authorities specializing in organized crime and in the crime of trafficking in persons. This report indicates that 42 per cent of the victims of trafficking are children and that exploitation through labour and sexual exploitation were the main types of trafficking between 2016 and 2019. During this period, there were 77 child victims of trafficking, aged between 0 and 5 years, 256 child victims of trafficking aged between 6 and 11 years and 1,435 child victims of trafficking aged between 12 and 17 years. The Committee also notes that, according to the information systems of the Office of the Public Prosecutor, a total of 163 complaints were registered in 2018 by the judicial authorities in the various provinces of the country concerning crimes relating to the sexual exploitation of children. In its supplementary information, the Government adds that in, 2019, the Directorate for the Investigation of Trafficking in Persons and Smuggling of Migrants of the National Police (DIRCTPTIM PNP) identified 222 child victims of trafficking (146 girls and 76 boys).

The Committee notes the action taken for the psychosocial support of victims of trafficking for sexual exploitation in emergency centres for women, within the framework of the National Programme to Combat Family and Sexual Violence of the Ministry of Women and Vulnerable Peoples. The emergency centres for women also provide support for legal procedures to facilitate access to justice, the imposition of penalties on aggressors and the compensation of victims. Between January and April 2019, a total of 23 girls under 18 years of age who were victims of sexual exploitation benefited from the emergency centres for women. The Protection Department of the General Directorate for Girls, Boys and Young People also offers immediate support for child victims of trafficking through the establishment of 17 special protection units throughout the country. The Committee notes that, in its supplementary information, the Government indicates that in 2019, the specialized teams of the special protection units provided support for 219 child victims of trafficking (167 girls and 52 boys) and, between January and May 2020, the special protection units have supported 34 child victims of trafficking (30 girls and four boys). The regions of Lima and Madre de Dios also have residential centres for girls and young persons who are victims of trafficking in persons. These centres provide individual and adapted care according to the needs of the victims and have multidisciplinary teams which take action with a view to family reintegration when that contributes to the welfare of the victim. Between January and March 2019, the centres provided support for 84 young victims of trafficking in persons. Finally, the Committee notes that the Government has trained 607 operators for the residential centres from areas with high rates of sexual exploitation, and 153 operators in referral hospitals in Lima specializing in the issue of the sexual exploitation of girls, boys and young people. 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) express concern about the lack of measures implemented by the Government to ensure the social integration of child victims of trafficking and commercial sexual exploitation. While noting the efforts made by the Government to ensure that support is provided for child victims of trafficking and commercial sexual exploitation, the Committee once again requests the Government to ensure that thorough investigations and prosecutions are carried out on persons engaging in such acts and that sufficiently effective and dissuasive sanctions are imposed in practice. It once again requests the Government to provide information on the number of convictions and penalties imposed against such persons. It also requests the Government to continue to take measures to remove and provide assistance to child victims of trafficking and to continue to provide information on the number of child victims who have benefitted from such assistance.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously requested the Government to intensify its efforts to protect children involved in hazardous work in mines. It also requested the Government to provide information on the measures adopted and the results achieved in the context of the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI) for the withdrawal of children under 18 years of age from hazardous work in artisanal mines and for their rehabilitation and social integration.

The Committee notes from the Government’s report the approval of the second version, of 7 May 2019, of the action protocol for the group of labour inspectors specializing in forced labour and child labour. The new version of the protocol gives priority to strengthening the capacities of inspectors in relation to the worst forms of child labour and also promotes collaboration between the National Supervisory Authority of Labour Inspection (SUNAFIL), the national police, the Offices of the Public Prosecutor and of the Attorney-General, and the Office of the Defender of the People, in accordance with their specific areas of competence. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú express concern about the lack of inspection activities carried out by the SUNAFIL in the mining and quarrying sector in order to prevent child labour.

As regards the authorization of work by young people, the Committee 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 to work as employees or under a dependency relationship. Regional labour departments will have to carry out an evaluation of the activities involved and the arrangements for work by young people before granting an authorization. This evaluation will also serve as a basic register for the labour inspection activities of the SUNAFIL in relation to employers who engage young persons in work. However, the Committee notes with concern that the Government has not provided information on the protection of children engaged in hazardous work in mines. In this respect, the Committee once again requests the Government to provide information on the measures adopted and the results achieved, in the context of the implementation of the ENPETI and multisectoral action to remove children under 18 years of age from hazardous work in artisanal mines and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number and outcome of inspections carried out by the SUNAFIL in the mining and quarrying sector, including as a result of the action protocol of 2019.

2. Child domestic labour. The Committee previously requested the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such work and ensure their rehabilitation and social integration. It also once again requested the Government to provide information on the results achieved.

The Committee notes that the Government is currently engaged in reinforcing the capacity for action of labour inspection services through the new version of the action protocol for the group of labour inspectors specializing in forced labour and child labour.

The Committee also notes that, since the beginning of 2019, only one labour inspection compliance order was issued to verify compliance with the regulations on child labour in the household work sector. In its supplementary information, the Government indicates that such order resulted in the elaboration of a labour inspection report, resulting in the case being closed. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú express concern at the low number of labour inspection orders issued regarding child labour in the household work sector, and highlight that the actions of labour inspectors should focus on awareness-raising and capacity-building of all stakeholders involved. The Committee once again urges the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such types of work and ensure their rehabilitation and social integration. It also requests the Government to provide information on the results achieved.

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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children and begging. The Committee previously requested the Government to continue providing information on the measures taken for the identification and protection of street children against the worst forms of child labour, particularly in the context of the Yachay programme and the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2012–21 (ENPETI).

The Committee notes the Government’s indication in its report that in 2016 the national Yachay programme developed a pilot intervention plan for the implementation of action for prevention in San Juan de Lurigancho, which is included in results-oriented programme 117 “Quality care for girls, boys and young people presumed to be abandoned”. This action programme enables them to reinforce their skills in a protected environment through strategies such as awareness raising and the participation of children and young people in recreational activities, training for teachers and managers, skills development for children and young people and advocacy with community authorities. In this regard, a games-based intervention is being developed to strengthen the competencies of children and young people exposed to the risk of the absence of protection in the areas of San Juan de Lurigancho and La Victoria. During the first quarter of 2019, a total of 305 girls, boys and young people participated in these recreational workshops.

The Committee notes that since 2018 the Yachay programme has been under the authority of the National Family Welfare Institute (INABIF), and is currently known as the Street Educators Service. The two profiles for priority beneficiaries determined by the Street Educators Service are for children subjected to begging and street children. With regard to begging, 453 children were provided with support by the Street Educators Service during the first quarter of 2019 (compared with 474 children in 2018) and, in the case of street children, a total of 364 children were supported by the Street Educators Service during the first half of 2019 (compared with 441 children in 2018). The Committee also notes that a total of 6,742 street girls, boys and young people were provided with national identity documents between 2018 and 2019 and that a total of 6,112 girls, boys and young people had access to the health system in 2018 and 2019 (89 per cent in 2019, compared with 11 per cent in 2018). Finally, between January and June 2019, particular attention was given to 6,868 girls, boys and young people throughout the country. The Committee also notes that Presidential Decree No. 002-2017-MIMP provides for the merger of the national Street Educators Service and Vida Digna programmes into the Comprehensive National Family Welfare Programme of the INABIF. The Committee requests the Government to continue providing information on the measures adopted in this regard, including within the context of the Comprehensive National Family Welfare Programme implemented by the INABIF. To the extent possible, such data should be disaggregated by age and gender.

Indigenous children. The Committee previously requested the Government to provide information on the new measures and programmes implemented to protect indigenous children from the worst forms of child labour, particularly in the field of education, with a view to reducing their vulnerability, and on the results achieved.

The Committee notes the implementation of two interventions, relating to secondary school tutorship and school catch-up courses, undertaken by the ENPETI within the context of the Semilla project. The latter came to an end in 2018, and its programmes have been transferred to the Ministry of Education (MINEDU). Within this framework, since February 2019, the secondary school tutorship programme has formed part of the rural education service and covers four regions: Pasco, Junín, Huancavelica and Ucayali. The MINEDU covers the costs associated with its operation and 764 students benefit from the programme. The school catch-up programme is regarded as a priority for action by the MINEDU. It has assisted 1,800 students who are behind in their schooling in the regions of Pasco, Huancavelica and Junín. The Government emphasizes that 83 per cent of the participants made up the backlog that they had accumulated in their schooling. The programme has developed its own methodology, including an operating manual and the provision of learning materials to beneficiaries. However, according to the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination of 23 May 2018, the application of the National Plan for Intercultural Bilingual Education: A vision for 2021, is limited, particularly in secondary school. It also noted the difficulties faced by children and young persons belonging to indigenous peoples and the Afro-Peruvian community in gaining access to a quality education, particularly in rural and remote areas (CERD/C/PER/CO/22-23, paragraph 32). The Committee requests the Government to continue providing information on the results achieved through the various government programmes, including the results of the National Plan for Intercultural Bilingual Education: A vision for 2021.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. The Committee previously encouraged the Government to intensify its efforts to reduce the incidence of poverty, especially in the poorest regions, which is essential for the elimination of the worst forms of child labour. It once again requested the Government to provide information on the measures taken and the results achieved in the context of the ENPETI.

The Committee notes from the Government’s report that the Ministry of Development and Social Inclusion (MIDIS) is responsible for the national development and social inclusion policy with a view to reducing poverty, inequality, vulnerability and social risks. In 2016, the sustainable social action strategy was adopted by Presidential Decree No. 003-2016-MIDIS and constitutes the national social development and inclusion policy.

The Committee notes, according to the indications of the Ministry of Labour and Employment Promotion, the adoption of the project entitled: “Improving household revenue through the development of productive work, entrepreneurs and technical skills with a view to reducing the incidence of child labour”. This project aims at reducing the incidence of child labour in 370 families in the regions of Huánuco, Lima and Tacna. The project is awaiting agreement with the executing agency with a view to its implementation in the near future.

The Committee also notes that the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) is the body that draws up the National Plan for the Prevention and Elimination of Child Labour. Accordingly, it coordinates the integration of the activities of the International Programme for the Elimination of Child Labour in the national programme and also supervises and coordinates the ENPETI, one of the objectives of which is to achieve a sustainable increase in the family income of poor families with children who are at risk of or are engaged in child labour. The Committee requests the Government to provide information on the results achieved by the CPETI, within the framework of the ENPETI and the International Programme for the Elimination of Child Labour. It also requests the Government to provide information on the measures adopted and the results achieved through the sustainable social action strategy of the MIDIS, adopted in 2016.

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

Articles 3(a) and (b), and 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. The Committee previously requested the Government to take immediate and effective measures to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation. The Committee also once again requested the Government to ensure that thorough investigations are conducted and robust prosecutions undertaken of persons who employ children in the worst forms of child labour and that sufficiently effective and dissuasive penalties are imposed upon them in practice.

The Committee takes due note of the Government’s indication of the adoption of Act No. 30925 of 5 April 2019, which reinforces that establishment of temporary shelters for victims of trafficking in persons and sexual exploitation. It also notes the adoption of Act No. 3082 of 26 June 2018, which sets out the conditions for the entry of girls, boys and young people into shelters to guarantee their protection and safety. The Act also penalizes providers of tourist services in cases where they facilitate or permit the sexual exploitation of children in their establishments or do not report to the competent authority acts related to the sexual exploitation of children. The Committee also notes the two decisions adopted by the Ministry of Foreign Trade and Tourism: the first decision (No. 430-2018-MINCETUR) approves a code of conduct to combat the sexual exploitation of girls, boys and young people in the field of tourism, intended for providers of tourist services; the second decision (No. 299-2018-MINCETUR) concerns the content of posters to be placed in tourist establishments which shall contain information relating to sexual exploitation, as well as the legal provisions establishing criminal penalties for offences related to the sexual exploitation in the tourism sector of girls, boys and young persons.

The Committee notes the executive report of the Information Department of judicial authorities specializing in organized crime and in the crime of trafficking in persons. This report indicates that 42 per cent of the victims of trafficking are children and that exploitation through labour and sexual exploitation were the principal types of trafficking between 2016 and 2019. During this period, there were 77 child victims of trafficking, aged between 0 and 5 years, 256 child victims of trafficking aged between 6 and 11 years and 1,435 child victims of trafficking aged between 12 and 17 years. The Committee also notes that, according to the information systems of the Office of the Public Prosecutor, a total of 163 complaints were registered in 2018 by the judicial authorities in the various provinces of the country concerning crimes relating to the sexual exploitation of children.

The Committee notes the action taken for the psychosocial support of victims of trafficking for sexual exploitation in emergency centres for women, within the framework of the National Programme to Combat Family and Sexual Violence of the Ministry of Women and Vulnerable Peoples. The emergency centres for women also provide support for legal procedures to facilitate access to justice, the imposition of penalties on aggressors and the compensation of victims. Between January and April 2019, a total of 23 girls under 18 years of age who were victims of sexual exploitation benefited from the emergency centres for women. The Protection Department of the General Directorate for Girls, Boys and Young People also offers immediate support for child victims of trafficking through the establishment of 17 special protection units throughout the country. In 2018, the specialized teams of the special protection units provided support for 128 child victims of trafficking (112 girls and 16 boys) and, between January and March 2019, the special protection units have supported 60 child victims of trafficking (54 girls and six boys). The regions of Lima and Madre de Dios also have residential centres for girls and young persons who are victims of trafficking in persons. These centres provide individual and adapted care according to the needs of the victims and have multidisciplinary teams which take action with a view to family reintegration when that contributes to the welfare of the victim. Between January and March 2019, the centres provided support for 84 young victims of trafficking in persons. Finally, the Committee notes that the Government has trained 607 operators for the residential centres from areas with high rates of sexual exploitation, and 153 operators in referral hospitals in Lima specializing in the issue of the sexual exploitation of girls, boys and young people. While noting the efforts made by the Government to ensure that support is provided for child victims of trafficking and commercial sexual exploitation, the Committee once again requests the Government to ensure that thorough investigations and prosecutions are carried out on persons engaging in such acts and that sufficiently effective and dissuasive sanctions are imposed in practice. It once again requests the Government to provide information on the number of convictions and penalties imposed against such persons.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously requested the Government to intensify its efforts to protect children involved in hazardous work in mines. It also requested the Government to provide information on the measures adopted and the results achieved in the context of the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI) for the withdrawal of children under 18 years of age from hazardous work in artisanal mines and for their rehabilitation and social integration.

The Committee notes from the Government’s report the approval of the second version, of 7 May 2019, of the action protocol for the group of labour inspectors specializing in forced labour and child labour. The new version of the protocol gives priority to strengthening the capacities of inspectors in relation to the worst forms of child labour and also promotes collaboration between the National Supervisory Authority of Labour Inspection (SUNAFIL), the national police, the Offices of the Public Prosecutor and of the Attorney-General, and the Office of the Defender of the People, in accordance with their specific areas of competence.

The Committee also notes the Government’s indication that a text regulating the procedure for the authorization of work by young people is awaiting validation by the Ministry of Labour and Employment Promotion. Regional labour departments will have to carry out an evaluation of the activities involved and the arrangements for work by young people. This evaluation will also serve as a basic register for the labour inspection activities of the SUNAFIL in relation to employers who engage young persons in work. However, the Committee notes with concern that the Government has not provided information on the protection of children engaged in hazardous work in mines. In this respect, the Committee once again requests the Government to provide information on the measures adopted and the results achieved, in the context of the implementation of the ENPETI and multisectoral action to remove children under 18 years of age from hazardous work in artisanal mines and to ensure their rehabilitation and social integration.

2. Child domestic labour. The Committee previously requested the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such work and ensure their rehabilitation and social integration. It also once again requested the Government to provide information on the results achieved.

The Committee notes that the Government is currently engaged in reinforcing the capacity for action of labour inspection services through the new version of the action protocol for the group of labour inspectors specializing in forced labour and child labour.

The Committee also notes that, since the beginning of 2019, only one labour inspection compliance order is under investigation to verify compliance with the regulations on child labour in the household work sector. The Committee once again urges the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such types of work and ensure their rehabilitation and social integration. It also requests the Government to provide information on the results achieved.

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

Direct Request (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 the Government’s report.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. 1. Street children and begging. In its previous comments, the Committee noted that the “Educadores de Calle” (PEC) programme, which targets children between the ages of 6 and 17 years who are at risk, has enabled the setting up of 41 reference centres in 20 cities throughout the country in order to provide care for these children, benefiting a total of 3,747 children and young persons, including 87 street children. Nevertheless, it noted that some 141,000 children and young persons are still working on the streets. The Committee also noted that the PEC programme estimated that a total of 903 children and young persons were living on the streets. Furthermore, the “Yachay” programme, the successor to the PEC programme, targets four types of beneficiaries: children working on the streets; children living on the streets; children involved in begging; and children who are victims of sexual exploitation. The main thrust of this programme is to enable street children to have access to programmes that help to improve family income, provide sports scholarships for children and offer training for young persons.

The Committee notes the observations of the CATP that the Government is not sufficiently present and is not investing the necessary public funds to achieve a real reduction in the number of children living on the streets and involved in begging. Moreover, it notes the indications in the Government’s report that a number of services have been established as part of the “Yachay” programme. In the Immediate Care Service in Lima, educators are responsible for responding to complaints made concerning children and young persons in vulnerable situations. A Public Defence Service has been set up to provide legal assistance free of charge to protect the rights of street children. The Educational Training Service (SEFOED) holds training in numerous fields for users of the “Yachay” programme, to enhance their prospects and chances of finding employment. Lastly, the Alternative Social Benefits Service caters for families in vulnerable situations and seeks to help them increase their income through the development of micro-enterprises. The Committee notes with interest the Government’s indication that the programme benefited a total of 19,573 people, including 10,709 young persons, between January 2014 and June 2016. The Government also indicates that, as a result of the programme, 7,014 young persons have reduced their hours of work and 2,356 young persons have been removed from the streets. Moreover, in the context of the National Strategy for the Prevention and Eradication of Child Labour (ENPETI) (2012–21), a subcommittee has been set up to review the situation of work that is hazardous and harmful to the health and morals of young persons. Further to the first meeting of this subcommittee a list of conclusions was drawn up, one of the priorities of which is to update the list of hazardous types of work in the light of technological progress. The Committee encourages the Government to continue its efforts to protect street children from the worst forms of child labour. It requests the Government to continue providing information on measures taken towards this end in the context of the “Yachay” programme and the ENPETI, and also on any results achieved through the Lima pilot project.

2. Indigenous children. The Committee previously noted that children from indigenous communities are particularly prone to dropping out of school and being involved in hazardous work in agriculture. It noted two pilot projects (2012–14) which were implemented as part of the ENPETI in the rural areas of the country. The “Huánuco” project, introduced in six provinces in the Huánuco region in May 2013, provides for cash transfers in the context of the “Juntos” programme, benefiting 3,200 families and 4,000 children involved in child labour, and also for the distribution of vouchers to children and young people who attend school and successfully complete the school year. The “Semilla” project, which sets out to prevent hazardous work for children in agriculture and to remove them from such work, has been implemented in three regions of the country (Junín, Pasco and Huancavelica) and aims to cover 6,000 children, 1,000 adolescents and 3,000 families.

The Committee notes the suggestion by the CATP to introduce intercultural criteria in the implementation of the ENPETI in order to improve the situation of indigenous children. The Committee notes the Government’s indication that the three abovementioned initiatives have achieved the expected results. The Government indicates that, under the “Semilla” project, child labour and the number of hours worked by children have been reduced. In addition, efforts have been made to make heads of households more aware that child labour has a direct impact on success at school and that education is important. Lastly, the Committee notes that the “Semilla” project has been incorporated into the ENPETI to make it more durable and give it greater political influence. Moreover, the Government indicates that the evaluation of the “Huánuco” project shows that, even though no significant reduction in child labour was recorded as a result of the project, encouraging improvements had been noted in the performance of beneficiary children at school. The Committee encourages the Government to continue its efforts to protect indigenous children from the worst forms of child labour, by continuing to take measures, especially in the area of education, to make them less vulnerable. It requests the Government to provide information on the new measures and programmes implemented in this regard, and on the results achieved.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. The Committee previously noted that, according to the Government, a Memorandum of Understanding was signed in November 2012 between the Ministry of Labour Relations of Ecuador and the Ministry of Labour and Employment Promotion of Peru. This provided for an exchange of political and technical experience with a view to eradicating child labour and joint actions in the border areas of the two countries. It also noted that one of objectives of the ENPETI is to increase the average income of poor families with children and young persons at risk of being involved in child labour. This objective should be attained by the implementation of social programmes, such as the “Juntos” programme, or programmes concerned with employment and training. The Committee observed that, despite progress in recent years, a large proportion of the rural population still lives in poverty, and it was particularly concerned at the high incidence of poverty and extreme poverty in areas where indigenous communities were concentrated.

The Committee notes that the Ministries of Labour of Peru and Ecuador organized a binational seminar in November 2014 entitled “Child labour in border areas”. Through the seminar it was possible to publicize the results of child labour and migration surveys in these areas, to validate these results and to propose guidelines for drawing up a new binational plan for the eradication of child labour. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to reduce the incidence of poverty, especially in the poorest regions. Noting the lack of information in this respect, it requests the Government once again to provide information on the measures taken and the results achieved in the context of the ENPETI.

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 the Government’s report.

Articles 3(a) and (b), and 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children; effective and time-bound measures to prevent the engagement of children in the worst forms of labour, to remove them from these forms of labour and to ensure their rehabilitation and social integration. In its previous comments, the Committee noted that the Penal Code prohibits the sale and trafficking of children for the purpose of labour exploitation or for sexual exploitation (section 153), and provides for prison sentences ranging from 12 to 25 years where the victim is under 18 years of age. It also noted that the Penal Code prohibits and penalizes incitement to prostitution, procuring and sex tourism, and provides for heavier penalties where the victim is under 18 years of age. Nevertheless, the Committee noted that the commercial sexual exploitation of children occurred particularly in the bars and nightclubs of the historic city centre of Lima and in the tourist towns of Cusco, Iquitos and Cajamarca, and also near the sites of artisanal mines in the north-east of the country. The Committee also noted that thousands of adults and children are victims of internal trafficking for forced labour, especially for mining, agriculture and domestic labour, and indigenous persons are particularly vulnerable to commercial sexual exploitation. Many children are also used in the production and trafficking of cocaine. The Committee also noted that one of the main objectives of the National Strategy for the Prevention and Eradication of Child Labour (ENPETI) (2012–21) is the elimination of hazardous work and the exploitation of children and young persons. The Committee noted that in 2012, out of the 754 victims of these acts, 477 were under 18 years of age and 57 per cent were aged between 13 and 17 years; and that, in 2013, 214 victims were recorded, 23 of whom were under 18 years of age (15 girls and eight boys).

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

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

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

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

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

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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. 1. Street children and begging. The Committee noted that the “Educadores de Calle” programme (PEC), which targets children between the age of 6 and 17 years who are at risk, has been able to set up 41 reference centres in 20 cities throughout the country in order to provide care for these children. The programme has benefited a total of 3,747 children and young persons, 87 of whom were street children. It, nevertheless, notes that, according to an ILO–IPEC study on the extent and characteristics of child labour in Peru, some 141,000 children and young persons are still working in the streets.

The Committee notes that, according to the information contained in the Government’s report, the PEC programme estimated a total of 903 children and young people living in the streets in 2010. It notes that the “Yachay” programme has taken over from the PEC programme and that it now targets four types of beneficiaries: children working in the street; children living on the street; children involved in begging; and children who are victims of sexual exploitation. The main thrust of this programme is to provide street children with support programmes helping them to improve their family income, sports scholarships for children and training for young people. The Committee also notes that, according to the working document of the National Strategy for the Prevention and Elimination of Child Labour (ENPETI) (2012–21), a pilot project for 2012–14 has been implemented in the district of Carabayllo (Lima province) to combat child labour in municipal rubbish dumps. The Committee encourages the Government to continue its efforts to protect street children from the worst forms of child labour. It requests the Government to provide information on measures taken in the context of the “Yachay” programme and the ENPETI in this respect, as well as on any results achieved with the Lima pilot project.

2. Children of indigenous peoples. Pursuant to its previous comments, the Committee notes the Government’s information to the effect that children from indigenous communities are particularly prone to dropping out of school and being involved in hazardous agricultural work in the countryside. It notes that two pilot projects (2012–14) have been implemented in the context of the ENPETI in the country’s rural areas. The Huánuco project, introduced in six provinces in the Huánuco region in May 2013, provides for cash transfers in the context of the “Juntos” programme, thereby benefiting 3,200 families and 4,000 children involved in child labour, as well as vouchers to children and young people who attend school and successfully complete the school year. The “Semilla” project, which sets out to prevent the hazardous work of children in the agricultural sector and to remove them from this work, has been implemented in three regions of the country (Junín, Pasco and Huancavelica). This project aims to cover 6,000 children, 1,000 young people and 3,000 families. Furthermore, this project envisages conducting surveys on the hazards and working conditions of children in rural areas, which mostly concern the children of indigenous peoples. The Committee encourages the Government to continue its efforts to protect the children of indigenous peoples from the worst forms of child labour, by continuing to take measures, especially in the area of education, so as to make them less vulnerable. It requests the Government to provide information on the results achieved in the context of the Huánuco and Semilla projects and on the follow up to these pilot projects. It also requests the Government to provide a copy of the surveys conducted on the hazards and working conditions of children in rural areas.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. Pursuant to its previous comments, the Committee notes that, according to the Government, a Memorandum of Understanding was signed between the Ministry of Labour Relations of Ecuador and the Ministry of Labour and Employment Promotion of Peru in November 2012. This provides for an exchange of political and technical experience with a view to eradicating child labour and joint actions in the border area of both countries. It also notes that one of the ENPETI’s objectives is to increase the average income of poor families with children and young people who are at a risk of being involved in child labour. This objective should be attained by the implementation of social programmes, such as the “Juntos” programme, or programmes linked to employment and training. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights stated its concern, in its concluding observations of 30 May 2012, that, despite progress in recent years, a large section of the rural population still lived in poverty, and it was particularly concerned about the high incidence of poverty and extreme poverty in areas where indigenous communities were concentrated (E/C.12/PER/CO/2-4, paragraph 17). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to reduce the incidence of poverty, especially in the poorest regions, and to provide information on the measures taken and results obtained in the context of the ENPETI.

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

Articles 3(a), 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children; and effective and time-bound measures to prevent the engagement of children in the worst forms of labour, to remove them from these forms of labour and provide for their rehabilitation and social integration. In its previous comments, the Committee noted that the Penal Code prohibits the sale and trafficking of children for the purpose of labour exploitation or for sexual exploitation (section 153), and provides for prison sentences ranging from 12 to 25 years where the victim is under 18 years of age. It also noted that the Penal Code prohibits and penalizes incitement to prostitution, procuring and sex tourism, and provides for heavier penalties where the victim is under 18 years of age. The Committee nevertheless noted that, according to two studies produced by ILO–IPEC in 2007, entitled “The demand side of the commercial sexual exploitation of children: A qualitative study in South America (Chile, Colombia, Paraguay and Peru)” and “Unforgivable: A study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cusco, Iquitos and Lima)”, the commercial sexual exploitation of children exists particularly in the bars and nightclubs of the old city centre of Lima and in the tourist centres of Cusco, Iquitos and Cajamarca. It noted that the national police force had launched a plan of police operations to prevent and punish human trafficking, which involved the inspection of strategic locations. Following patrols carried out, children at risk were placed in shelters run by the national police force, the Ministry for Women and Social Development and the judiciary.

The Committee takes due note of the statistics contained in the Government’s report on the number of trafficked persons registered by the Public Prosecutor and the national police force. It notes from these statistics that a total of 675 alleged perpetrators were arrested in 2012 and that 37.1 per cent of these incidents were related to sexual exploitation and 14.5 per cent to forced labour. As regards 2013, the national police force has recorded 61 cases of trafficking of persons, of which six cases were for purposes of forced labour and 56 cases for purposes of sexual exploitation. The Committee, nevertheless, notes that the Government’s report does not contain statistics on the sentences handed down and penalties imposed as a result of these incidents.

Furthermore, the Committee notes the information contained in the working document of the Regional Action Plan against Human Trafficking and the Commercial Sexual Exploitation of Children and Young People in the Region of Loreto (2013–17), drafted by the regional government of Loreto in cooperation with the International Organization for Migration in September 2013. According to this document, thousands of adults and children are victims of internal trafficking for purposes of forced labour, especially for mining, agriculture and domestic labour, and indigenous persons are particularly vulnerable to commercial sexual exploitation. Many children are also used in the production and trafficking of cocaine. Furthermore, according to the information submitted by the Government in its report, young persons are also victims of sexual exploitation in the bars and discotheques located near the sites of artisanal mines in the north-east of the country.

The Committee notes that, according to the Government, one of the main objectives of the National Strategy for the Prevention and Eradication of Child Labour (2012–21) (ENPETI) is the eradication of hazardous work and the exploitation of children and young people. It also notes that one of the priorities of the Multisectoral Action Framework on Child Labour, drafted in March 2013, deals with providing care for children involved in the worst forms of labour and improvements in the living conditions of their families. The Committee takes note of the statistics provided by the Government on the number of trafficking victims registered in 2012 and 2013 by the national police force. It notes that in 2012, out of the 754 victims of these acts, 477 were less than 18 years of age and 57 per cent were aged between 13 and 17 years; and that, in 2013, 214 victims have been registered, among which 23 are under 18 years of age (15 girls and eight boys). It notes, however, that the Government’s report does not provide information on the rehabilitation measures provided for these children. The Committee urges the Government to strengthen its efforts to bring about the elimination of these worst forms of child labour in practice, by ensuring that thorough investigations are conducted and completed and that persons committing such offences are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the number of convictions and penalties imposed against these persons in its next report. The Committee also asks the Government to take immediate and effective measures to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation and to send information on the measures taken in this respect in the context of the ENPETI.

Articles 3(d), 7(2)(a) and (b). Hazardous work and effective and time-bound measures to prevent the engagement of children in the worst forms of labour, and to remove them from these forms of labour and guarantee their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) and ILO–IPEC’s 2007 report entitled “Girls in mining”, revealing that children from the age of 5 years were working in the country’s artisanal mines, especially in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad. These children are exposed to serious injury and harm because they handle mercury when extracting the gold from the rocks and transport ore outside the mines, carrying very heavy loads of stone and rock on their backs. They are also exposed to soil and water contaminated with metals and chemicals. According to the working document of the National Plan for the Prevention and Elimination of Child Labour (2005–10), an estimated 50,000 children work in artisanal mines in Peru. The Committee took due note of 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 and prohibiting mine work for children and young persons under 18 years of age.

The Committee notes that the elimination of work that is hazardous to children, and especially that of young persons, is among the major objectives of the ENPETI. It also notes that, according to the Government, the Multisectoral Action Framework on Child Labour involves the participation of authorities in the mining sector and provides for, under its strategic action programmes, the strengthening of the capacity of the labour inspectorate in the area of the worst forms of child labour. However, the Committee notes with concern the Government’s statement that there have been no new inspections on child labour in artisanal mines between 2012 and 2013. The Committee urges the Government to intensify its efforts to protect children involved in hazardous work in mines from this worst form of child labour, by strengthening the capacity of the labour inspectorate so as to secure the inspection of mining sites. It also requests the Government to provide statistical information on the measures taken and outcomes achieved, in the context of the implementation of the ENPETI and the Multisectoral Action Framework, in removing children under 18 years of age from hazardous work in artisanal mines and ensuring their rehabilitation and social integration.

2. Child domestic work. The Committee previously noted the ITUC’s comments that it was a common practice for parents to send their children to cities to work as domestic servants. As a rule, these children receive no pay, although the employer provides board and lodging. They work at least 12 hours a day and do not have a day’s leave. Very many children are victims of abuse and exploitation, such as insults and corporal punishment and, to a lesser extent, to sexual abuse. According to the ITUC, the number of domestic workers under the age of 18 years is estimated to be 110,000. The Committee also noted that the 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families that live in rural and urban areas found that domestic work by children is widespread in the country. The Committee noted that, according to Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons, domestic work by children and young persons under 18 years of age in the homes of others is treated as hazardous work.

The Committee notes that, according to information provided by the Government, the possibility of extending the intervention of the labour inspectorate at the home of children and young persons working as domestic servants will be discussed in the context of the implementation of the Multisectoral Action Framework on Child Labour. Furthermore, the Committee notes that the elimination of the hazardous work of children, particularly that of young persons, is among the main objectives of the ENPETI. Consequently, the Committee requests the Government to provide information on the measures taken, particularly by strengthening the capacity of the labour inspectorate, to prevent children working as domestic servants from being involved in hazardous work, to remove them from this form of work, and ensure their rehabilitation and social integration. It also asks the Government to supply information 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 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children and begging. In its previous comments, the Committee noted with interest that thanks to multisectoral action taken in the cities of Lima and Arequipa in 2008, protective measures were taken for more than 200 children (158 in Lima and 46 in Arequipa). The Committee observed, however, that in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 65), the Committee on the Rights of the Child, while welcoming the “Educadores de Calle” programme (PEC), expressed concern at the large number of street children.

The Committee notes the information provided by the Government on the PEC programme. It notes that the programme targets children between the ages of 6 and 17 years whose situation puts them at risk, and seeks to boost and develop their personal and social skills. To this end, 41 reference centres have been set up in 20 cities throughout the country in order to provide care for these children. The Committee further notes that the programme has benefited a total of 3,744 children and young persons, 87 of whom are street children. It nonetheless notes that, according to a 2007–08 ILO–IPEC study on the extent and characteristics of child labour, appended to the Government’s report, some 141,000 children and young persons are still working in the streets. The Committee accordingly encourages the Government to pursue its efforts to protect street children from the worst forms of child labour and requests it to continue to provide information on the results obtained from the implementation of the PEC programme. It also requests the Government to provide information on measures taken to ensure the rehabilitation and social integration of these children.

Children of indigenous peoples. The Committee noted previously that the Committee on the Rights of the Child regretted that the State party had reacted only in part to its recommendations concerning the limited access for indigenous children to education, and noted with concern that they suffered from exclusion and discrimination. The Committee further noted that according to information from ILO–IPEC, a study on the situation of indigenous peoples and indigenous child labour was to be conducted.

The Committee notes that according to the Government, the Subcommittee on Indigenous Peoples and Rural Communities has been reactivated under the National Steering Committee for the Prevention and Elimination of Child Labour, with a view to preparing multisectoral strategies for action to prevent and eliminate the labour of children of indigenous peoples and rural communities. Noting that children of indigenous peoples often fall victim to exploitation, which can take many different forms, and that they are at risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to protect such children from the worst forms of child labour and requests it to take specific measures, particularly educational measures, to make them less vulnerable. It requests the Government also to provide detailed information on the measures taken and the results obtained in this area in its next report. The Committee also requests the Government to provide a copy of the study on the situation of indigenous peoples and indigenous child labour.

Article 8. International cooperation and assistance. Poverty reduction. In its previous comments, the Committee noted that the Committee on the Rights of the Child expressed concern at the high rate of poverty in Peru, which affects approximately two-thirds of children, and at the extreme poverty which affects some 30 per cent of Peruvian children.

The Committee takes due note of the various social programmes implemented by the Government to help to combat poverty, such as the JUNTOS programme, which seeks to promote schooling for children between the ages of 6 and 14 years from poor homes in rural areas, by providing cash benefits to families on condition that the children attend school, and the “Trabaja Perú” programme, under which temporary employment has been offered to 263,458 parents in a vulnerable situation. The Committee also notes that the Government is still in the process of preparing its Decent Work Country Programme (DWCP). Noting that poverty reduction programmes can contribute to breaking the cycle of poverty, which is essential to the elimination of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to reduce the incidence of poverty and requests it to provide information on progress made in the preparation and implementation of the DWCP, and on the results obtained.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, in its concluding observations on the third periodic report of Peru of March 2006 (CRC/C/PER/CO/3, paragraph 69), the Committee on the Rights of the Child noted with concern that there were almost 5,000 reports of disappearances in the context of cross-boarder trafficking between 2002 and 2005, of which 35.3 per cent concerned children. The Committee notes the adoption in 2006 of Act No. 28950 to combat the trafficking of persons and the illicit trafficking of migrants (Act No. 28590 of 2006). The Committee notes that section 153 of the Penal Code, as amended by Act No. 28950 of 2006, penalizes the sale and trafficking of children for labour exploitation and sexual exploitation. It also notes that section 153 A(1)(4) and (2)(2) of the Penal Code, as amended by Act No. 28950 of 2006, establishes more severe penalties of imprisonment if the victim is between the ages of 12 and 18 years (a sentence of between 12 and 20 years) and where the victim is under 12 years of age (a sentence of not less of 25 years).

While noting these new legislative measures, which prohibit and penalize the sale and trafficking of children, the Committee notes that this worst form of child labour is a problem in practice. It reminds the Government that under the terms of Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour and that, by virtue Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of these worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure in practice the protection of young persons under 18 years of age against sale and trafficking. In this respect, it requests the Government to provide information on the effect given to the provisions of the Penal Code that are applicable to the sale and trafficking of children, accompanied by statistics on the number and the nature of the violations reported, the investigations conducted, prosecutions, convictions and penalties imposed.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that section 179 of the Penal Code establishes penalties for any person who causes or facilitates the prostitution of another. This provision also establishes a more severe penalty if the victim is under 18 years of age. Furthermore, section 181 of the Penal Code penalizes procuring.

The Committee notes from two ILO–IPEC studies issued in 2007 on the demand for the commercial sexual exploitation of children, a qualitative survey in South America (Chile, Colombia, Paraguay and Peru), and “Inexcusable”, a study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cusco, Iquitos and Lima), that the commercial sexual exploitation of children of both sexes exists in Peru, particularly in the bars and nightclubs in the historical centre of Lima. This worst from of child labour also exists in the tourist cities of Cusco, Iquitos and Cajamarca. In the case of Cusco, there is a commercial sexual circuit in which the owners of hotels and accommodation hire a continuous service of informal taxies to gather clients as they leave restaurants, bars and nightclubs. The Committee further notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraphs 67–69), the Committee on the Rights of the Child expressed concern at the information that a very high number of children – 500,000 according to the data – are victims of sexual exploitation and violence.

The Committee observes that, although the national legislation is in accordance with the Convention on this matter, this worst from of child labour remains a problem in practice. In this respect, it expresses deep concern at the magnitude of the problem in the country and reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of this worst form of child labour. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure the protection of young persons under 18 years of age against being used, procured or offered for the purposes of prostitution in practice. It further requests the Government to ensure that investigations are undertaken and those in violation of the law are prosecuted and that effective and dissuasive penalties are imposed on those found guilty of having used, procured or offered young persons under 18 years of age for prostitution. It requests the Government to provide information in this respect.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous types of work and the determination of these types of work. In its previous comments, the Committee noted that a Bill to amend the Code of Children and Young Persons contained modifications to sections to 51 and 58 of the Code. In this respect, it noted that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. It noted that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 19 years of age) and indicated that it understood that the prohibition envisaged in sections 51 and 58 of the Bill to amend the Code of Children and Young Persons covers all persons under 18 years of age. It requested the Government to clarify the age applicable under this prohibition. In its report, the Government indicates that the modifications made to section 51 of the Code of Children and Young Persons by the Bill establish that the minimum age for admission to any type of work which may be harmful to the health, safety or morals of young persons is 18 years. It adds that the Bill to amend the Code of Children and Young Persons determines in section 58, as amended, the types of work which are hazardous, which include the worst forms of child labour. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on any developments in this respect.

Article 4, paragraph 2.  Identification of where hazardous types of work exist. With reference to its previous comments, the Committee takes due note of the information provided by the Government to the effect that nine regional steering committees have been established at the national level and are responsible, among other tasks, in consultation with the organizations working on behalf of children, for identifying hazardous activities in which children in the area of their competence are engaged in work. It notes in particular that in the metropolitan area of Lima, the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) has established an inter-institutional working group to intervene in the brick works in Huachipa. Enterprises and workers’ associations in this area have been invited to participate in the working group with a view to intervening jointly in areas in which there is a high incidence of child labour.

Article 5. Monitoring mechanisms. Record-keeping and statistical system relating to the crime of the trafficking of persons (RETA). The Committee notes the establishment in 2006 of the RETA system, the objective of which is to gather information on the magnitude of the trafficking of persons, including children, in the country. The Committee requests the Government to provide information on the operation of the RETA system, and to provide reports relating to data on the magnitude of the trafficking of children in the country.

Article 6. Programmes of Action. With reference to its previous comments, the Committee takes due note of the fact that, according to information available to the Office, the Government has renewed for a second time its Memorandum of Understanding (MOU) with ILO–IPEC for the period from 2008 to 2013. The Committee asks the Government to provide information on the implementation of programmes of action relating to the elimination of the worst forms of child labour adopted in the context of this new MOU, and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the information provided by the Government according to which, between 2005 and 2007, over 20,567 children have been prevented from being engaged in the worst forms of child labour and 2,135 have been removed from these forms of labour.

Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes the information provided by the Government that a National Plan to Combat Forced Labour was formulated in 2007 and applies to the trafficking of persons. It also notes that the regulations issued under Act No. 28950 of 2006 (Supreme Decree No. 007-2008-IN), adopted in 2008, provide that measures shall be taken with a view to prevention and the assistance of victims of trafficking in persons. The Committee requests the Government to provide information on the time-bound measures adopted in the context of the National Plan to Combat Forced Labour with a view to preventing young persons under 18 years of age from becoming the victims of sale and trafficking. It also asks the Government to provide information on the measures adopted, in the context of the implementation of the regulations issued under Act No. 28950 of 2006, for the provision of the necessary and appropriate direct assistance for the removal of children from sale and trafficking and for their rehabilitation and social integration. Finally, it also requests the Government to provide information on the results achieved.

2. The commercial sexual exploitation of children. With reference to its previous comments, the Committee takes due note of the Government’s indication that the Office of the Public Prosecutor, the national police and the municipality of La Victoire intervened jointly and removed six children from commercial sexual exploitation and took measures to protect them. The Committee also notes that the National Plan of Action for the Prevention and Elimination of Child Labour (2005–10) envisages the adoption of measures against the commercial sexual exploitation of children. In view of the magnitude of the problem in the country, the Committee requests the Government to adopt effective and time-bound measures, among others in the context of the National Action Plan for the Prevention and Elimination of Child Labour, to prevent young persons under 18 years of age becoming victims of commercial sexual exploitation and to provide the necessary and appropriate direct assistance for their removal from this worst from of child labour. The Committee also requests the Government to provide information on the specific measures adopted to ensure that children who are removed from this worst form of child labour benefit from rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Street children and begging. In its previous comments, the Committee noted that one of the objectives of the National Action Plan for Children and Young Persons is to reduce begging and it requested the Government to provide information on the results achieved, particularly with regard to the number of children who were in practice removed from begging. The Committee notes with interest the Government’s indications that multi-sectoral interventions carried out in 2008 in the cities of Lima and Arequipa resulted in the adoption of protective measures for over 200 children (158 in Lima and 46 in Arequipa). However, the Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 65), the Committee on the Rights of the Child, while appreciating the Educadores de Calle programme (PEC), nevertheless expressed concern at the high numbers of street children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue taking measures to protect them from these worst forms of child labour. It requests the Government in this respect to provide information on the effective and time-bound measures adopted in the context of the PEC, to ensure the rehabilitation and social integration of children who are in practice removed from the streets.

2. Children of indigenous peoples. The Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraphs 5, 60 and 73), the Committee on the Rights of the Child regretted that the State had only partially reacted to its recommendation concerning the limited access of indigenous children to education and it noted with concern that they are subject to social exclusion and discrimination. It also expressed concern at the lack of adequate training of teachers, who lack the skills for intercultural bilingual education for indigenous communities. The Committee further notes that, according to ILO–IPEC information, a study will be undertaken on the situation of indigenous peoples and work by children belonging to indigenous peoples. The Committee observes that the children of indigenous peoples are often victims of exploitation, which may take on very diverse forms, and constitute a category that is at risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the time-bound measures adopted to protect these children from the worst forms of child labour, particularly through the adoption of measures to diminish their vulnerability. For this purpose, the Committee requests the Government to take measures to ensure the effective exercise of the rights of the children of indigenous peoples, particularly in the field of education. Finally, it requests the Government to provide a copy of the study on the situation of indigenous peoples and work by indigenous children as soon as it has been completed.

Article 8. International cooperation and assistance. With reference to its previous comments, the Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 58), the Committee on the Rights of the Child expressed concern about the high degree of poverty in Peru, where about two-thirds of children live in poverty, while about 30 per cent of them are in a situation of extreme poverty. The Committee also notes that the Government is currently formulating a Decent Work Country Programme. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee hopes that, in view of the figures referred to above, the Government will take measures, in the context of its DWCP, for the effective reduction of poverty among children who are at risk of or who are engaged in the worst forms of child labour. It requests the Government to provide information in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that, according to the statistics contained in a study carried out by the National Institute of Statistics and Information Technology (INEI) entitled “Overview of work by children and young persons in Peru”, in 2001, around 1,985,000 children and young persons between the ages of 6 and 17 years work in the country. However, these statistics do not relate to the worst forms of child labour. The Committee notes the Government’s indication that a study on child labour was carried out in 2007 by the INEI and ILO–IPEC and that the data are currently being validated. The Committee hopes that this study will contain data on the worst forms of child labour and requests the Government to provide a copy of the study with its next report.

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

The Committee notes the communications of the International Trade Union Confederation (ITUC) dated 24 August 2006 and 26 August 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous types of work. Children who work in mines. In its observations, the ITUC indicates that workers and their families exploit artisanal mines, which are mines abandoned by industrial producers in the country. The children work from the age of 5 and help their mothers to pick up rocks containing gold deposits. When they are older, they work with their father and sometimes dive into flooded shafts to retrieve stones. In the case of gold, the children use mercury, which is toxic, to extract the gold from the rocks. They also transport gold outside the mine, carrying very heavy loads of stone and rocks on their backs. The mines are located in unhealthy places and the children are therefore exposed to serious injury and harm. The children breathe in the contaminated air and are exposed to soil and water that is contaminated with metals and chemical products. The mining industry is concentrated in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad.

In its report, the Government indicates that Act No. 28992 of 27 March 2007, replacing the third final and transitional provision of Act No. 27651 on the formalization and promotion of small-scale and artisanal mining, prohibits the employment of persons under 18 years of age in mining of any description. The Committee also notes that, in accordance with Supreme Decree No. 007-2006-MINDES (Supreme Decree No. 007-2006), approving a detailed list of the types work and activity that are hazardous or harmful for the physical and moral health of young persons and are prohibited for such persons, namely any person between 12 and 18 years, work in mines is considered to be a hazardous type of work.

However, the Committee notes that, according to an ILO/IPEC study of 2007 on girls in mining, both boys and girls are in practice engaged in hazardous types of work in small artisanal mines, with girls being increasingly frequently involved in extraction, transport and transformation activities. It notes that, according to the information contained in a document relating to the National Plan for the Prevention and Elimination of Child Labour (2005–10), the number of children working in artisanal mines in Peru is estimated at around 50,000. The Committee further notes that, in its concluding observations on the third periodic report of Peru of March 2006 (CRC/C/PER/CO/3, paragraph 62), the Committee on the Rights of the Child expressed deep concern at the information that hundreds of thousands of children and adolescents are on the labour market, especially in the informal sector, where they are the victims of exploitation. The Committee on the Rights of the Child also expressed concern that legislative provisions protecting children from economic exploitation are often violated and that children are exposed to dangerous and/or degrading work, including in mines.

The Committee expresses deep concern with regard to the use of children in hazardous types of work in mines. It reminds the Government that under the terms of Article 3(d) of the Convention, hazardous types of work constitute one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worse forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure that no young person under 18 years of age is engaged in hazardous types of work in mines, and particularly in artisanal mines. It further requests the Government to provide information on the effect given in practice to the national legislation governing hazardous types of work, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penalties imposed.

Child domestic workers. In its comments, the ITUC indicates that the practice exists in Peru of parents sending their children to work as domestic workers in the city with a view to helping the family. However, the children do not usually receive any benefits, except for food and accommodation from their employer. These children have to cook, clean, wash clothes, look after other children and go shopping. According to the ITUC, child domestic workers have long hours of work in the day. They work at least 12 hours a day and are on call 24 hours a day. Many work without any time off and without any leave. A very large number of these children are the victims of abuse and exploitation, such as verbal abuse and physical punishment. Sexual abuse also occurs, although to a lesser extent. In most cases, the children lose contact with their parents. The ITUC adds that at the national level the number of domestic workers is estimated at 300,000, of whom 110,000 are reported to be under 18 years of age. Although the national legislation recognizes the rights of domestic workers, such as eight hour working days, public holidays and 15 days holiday a year, it is not applied as very few workers are aware of their rights and very few employers worry about complying with the obligations imposed upon them by law. The ITUC concludes that the authorities responsible for supervising the application of the law need to implement it more rigorously.

The Committee notes that, according to the 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families which live in rural and urban areas, domestic work by children is widespread in the country. It further notes that, in accordance with Supreme Decree No. 007-2006, domestic work is considered to be a hazardous type of work in view of the working conditions involved. The Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, and especially hazardous types of work, and to provide information on this matter.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and ensuring their rehabilitation and social integration. Children who work in mines. The Committee notes the indication by the ITUC that there are at present no concrete policies for the eradication of child labour in mines. The Committee notes that, in accordance with the National Plan for the Prevention and Elimination of Child Labour (2005‑10), work by children in mines is one of the worst forms of child labour and its objectives include the prevention and elimination of these forms of child labour. The Committee requests the Government to provide information on the impact of the time-bound measures adopted in the context of the implementation of the National Plan for the Prevention and Elimination of Child Labour with a view to preventing children from being employed in mines and providing the necessary and appropriate direct assistance for the removal of children from this worst from of child labour. In particular, it requests the Government to indicate the number of children who are prevented in practice from being engaged in hazardous types of work in mines and who are removed from these types of work. Finally, the Committee asks the Government to provide information on the measures adopted to ensure the rehabilitation of these children.

Clause (d). Children at special risk. Child domestic workers. In its comments, the ITUC indicates that there are no programmes intended to help children engaged in domestic work. The ITUC adds that very few or no shelters have the means to provide assistance to child domestic workers, such as education and training services, advice or financial assistance. The Committee notes that the elimination of work by children as domestic workers, as a hazardous form of work, is included in the objectives of the National Plan for the Prevention and Elimination of Child Labour (2005–10). The Committee observes that children, and particularly young girls, when engaged in domestic work are often the victims of exploitation, which can take on very diverse forms, and that it is difficult to supervise their conditions of work due to the clandestine nature of such activities. The Committee requests the Government to take immediate and effective time‑bound measures in the context of the National Plan for the Prevention and Elimination of Child Labour (2005–10) with a view to protecting children engaged in domestic work from the worst forms of child labour, removing them and providing the necessary and appropriate direct assistance for their rehabilitation and social integration, particularly through the establishment of shelters provided with the necessary resources.

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

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

The Committee notes 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 3 of the Convention. Worst forms of child labour. Article 3(d). Hazardous types of work. The Committee notes that, under section 58(1) of the Code of Children and Young Persons, work by adolescents (any human being between 12 and 18 years of age – section 1) is prohibited in underground premises, work involving the handling of excessive weights or toxic substances and activities in which their security or that of other persons is under their responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing the Directive respecting the authorization of adolescents to work, of 25 August 1994, prohibits work by adolescents in: (1) underground premises and work involving the handling of excessive weights; (2) activities which are hazardous or harmful for health or morals; (3) activities in which their safety or that of other persons is placed under their responsibility; and (4) work involving the handling of explosives or inflammable substances. The Committee notes that a Bill to amend the Code of Children and Young Persons is currently under examination. It notes that the Bill makes amendments to sections 51 and 58 of the Code. The Committee observes that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. The Committee notes that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 18 years of age). It understands, from a reading of these provisions, that the prohibition covers all persons under 18 years of age. The Committee requests the Government to clarify the age applicable for the prohibition of the performance of hazardous types of work covered by sections 51 and 58 of the Bill to amend the Code of Children and Young Persons.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that the Government has adopted a list of types of work that are hazardous for young persons. It also notes that various ministries, employers’ and workers’ organizations, UNICEF, the ILO and NGOs participated in the process of formulating this list.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, hazardous types of work and to communicate the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Directorate for the Protection of Minors and Occupational Safety and Health. The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion has established the Directorate for the Protection of Minors and Occupational Safety and Health. The Directorate coordinates activities to monitor the application of standards relating to work by children and adolescents in 500 work centres. It works with a group of labour inspectors who are responsible solely for child labour. The Committee requests the Government to provide information on the activities of the Directorate for the Protection of Minors and Occupational Safety and Health, on the mechanisms established in practice for the implementation of standards respecting work by children and adolescents in 500 work centres, and on the results obtained by the labour inspection services, particularly by providing extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of this Article.

2. Standing Multisectoral Working Group on Trafficking in Persons. The Committee notes with interest that a Standing Multisectoral Working Group on Trafficking in Persons has been established (Presidential Decree No. 002-2004-IN of 19 February 2004). It requests the Government to provide information on the activities of this Working Group in relation to the sale and trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 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 government bodies, employers’ and workers’ organizations, as well as civil society and international cooperation institutions, the ILO, UNICEF and the Pan-American Health Organization (PAHO). The functions of the Steering Committee include formulating and coordinating policies and programmes for the elimination of child labour. The Committee 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 the worst forms of child labour. The Committee requests the Government to provide a copy of the National Plan once it has been adopted. It also requests the Government to provide detailed information on the implementation of the National Plan in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that article 2(24)(b) of the Constitution and sections 123, 153, 179, 179-A, 181-A of the Penal Code establish effective and decisive penalties prohibiting: the sale and trafficking of children; debt bondage; forced or compulsory labour and the use, procuring or offering of a child for prostitution, the production of pornography or for illicit activities, such as the trafficking of drugs and begging. The Committee also notes that section 19 of the General Act on the labour inspectorate and the protection of workers (Decree No. 910) and section 44 of the regulations issued under the General Act (Presidential Decree No. 020-2001-T) establish penalties for violations of the provisions prohibiting child labour, particularly in the case of hazardous types of work. It requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes with interest that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10) (Presidential Decree No. 003-2002-PROMUDEH of 7 June 2002). It requests the Government to provide information on the measures adopted in the framework of this Plan to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Sexual exploitation. The Committee notes that the Government is collaborating with ILO/IPEC on the following programmes of action: elimination of the sexual exploitation of children; and the prevention and elimination of abuse and sexual exploitation in domestic work. It also notes that one of the objectives of the National Plan of Action for Children and Young Persons is to eliminate the worst forms of child labour and to reduce the sexual exploitation of girls and boys by 2010. The Committee further notes the information provided by the Government that the Ministry of Labour and Social Development has prepared a strategic plan to combat the commercial sexual exploitation of children and young persons for the period 2004-08. The two principal orientations of the plan are to give priority to combating commercial sexual exploitation and to strengthen the national network against commercial sexual exploitation. Moreover, the Committee notes that a project for prevention and protection of the victims of commercial sexual exploitation is currently being implemented in ten regions of Peru. The Committee requests the Government to provide detailed information on the measures adopted in the context of the National Plan of Action for Children and Young Persons with a view to eliminating the worst forms of child labour, and particularly the commercial sexual exploitation of children and young persons. It also requests the Government to provide information on the activities carried out in the context of the strategic plan to combat the commercial sexual exploitation of children and young persons. The Committee further requests the Government to provide information on economic alternatives and the measures taken to ensure the rehabilitation and social integration of children removed from commercial sexual exploitation. Finally, it requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. 1. ILO/IPEC activities. The Committee notes that, according to the information provided by the Government, several activities related to education have been implemented with ILO/IPEC with a view to combating child labour. These activities relate, among other objectives, to: education and the elimination of child labour; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the strengthening of education in the Abastos de la Parada market; the prevention and elimination of child labour in the centre of Lima through training for child workers; and the elimination of child labour in rubbish dumps through educational methods. The Committee requests the Government to provide information on the impact of the above activities, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

2. National Plan of Action for Children and Young Persons (2002-10) and education. The Committee notes that, in the framework of the National Plan of Action, the Government plans to take measures so that children and young persons who work attend school, thereby reducing the school drop-out rate. It requests the Government to provide information on the impact of the National Plan of Action, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

Clause (d). Identification of children at special risk. Begging. The Committee notes that one of the objectives of the National Plan of Action for Children and Young Persons is to reduce begging. The Committee requests the Government to provide information on the results obtained, particularly with regard to the number of children who are in practice removed from begging.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which, in the context of the National Plan of Action for Children and Young Persons (2002-10), it intends to afford particular attention to the special situation of girls and to protect them from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Peru is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in its concluding observations on the second periodic report of Peru in February 2000 (CRC/C/15/Add.120, paragraph 3), the Committee on the Rights of the Child noted the National Strategy to Combat Poverty (1995-2000) adopted by the Government as a basis for a medium-term strategy to combat poverty. The Committee requests the Government to provide information on the impact of this National Strategy, and particularly its contribution to eliminating the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes with interest the study carried out by the National Institute of Statistics and Information Technology entitled “Overview of work by children and young persons in Peru, 2001”. According to the statistics contained in this study, around 1,985,000 children and young persons between the ages of 6 and 17 years work in Peru. However, as indicated by the Government, these statistics do not relate to the worst forms of child labour. Furthermore, according to the Government, there are no reliable means of determining the real dimensions of the economic exploitation of children in Peru. The Committee therefore requests the Government to take the necessary measures to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions initiated, convictions and penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits the trafficking of human beings in all its forms. It also notes that, under the terms of section 153 of the Penal Code, it is an offence to detain or transfer a minor from one place to another through violence, threats or deceit, with a view to obtaining an economic benefit or exploiting the victim economically. Furthermore, by virtue of section 182 of the Penal Code, it is an offence to cause or facilitate the interception of a person with a view to taking that person out of or bringing that person into the country, or transferring that person within the country, to engage in prostitution or to subject that person to sexual or pornographic purposes.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits deprivation of liberty in all its forms. It also notes that the same provision prohibits slavery and servitude.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of section 2 of Act No. 27178 respecting military service, the Act applies to men and women between the ages of 17 and 45 years, who are considered to be of an age to perform their military service. It also notes that, under the terms of section 6 of Act No. 27178, forced recruitment as a procedure for the enrolment of personnel for active service is prohibited. Furthermore, section 42 of Act No. 27178 provides that active service means service performed by selected volunteers, men or women, between the ages of 18 and 30 years, in a unit or dependent service of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 179 of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who causes or facilitates the prostitution of other persons is guilty of the crime of incitement to prostitution. It also notes that, under section 181, also as amended by Act No. 28251, any person who compromises, seduces or removes a person to deliver her or him to another with a view to engaging in sexual relations is guilty of the offence of procuring. Furthermore, the Committee notes that Act No. 28251 criminalizes the client. Accordingly, section 179-A of the Penal Code establishes a penalty for any person who, in exchange for an economic benefit or a benefit of any other nature, engages in a sexual act with a person between 14 and 18 years of age.

The Committee also notes that, under section 181-A(1) of the Penal Code, as added by Act No. 28251, any person who originates, publicizes, encourages or facilitates sexual tourism, by any means, writings, brochures, printed, visual, audio, electronic, magnetic or Internet materials, with a view to offering sexual relations of a commercial nature with persons aged 14 years but under 18 years, is guilty of a crime. A heavier penalty is envisaged if the children used are under 14 years of age. Furthermore, section 182-A of the Penal Code, as added by Act No. 28251, penalizes those who manage or are responsible for publications or editions which publicize child prostitution, child sexual tourism or the trafficking of persons under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 183(2)(2) of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who incites a minor under 18 years of age to engage in an obscene act is guilty of a crime. It notes that, under the terms of section 183-A(1) of the Penal Code, any person who originates, possesses, produces, distributes, exhibits, offers, commercializes or publishes, imports or exports, by any means whatsoever, including through the Internet, objects, books, written materials or images, or who produces performances of a pornographic nature in which children between the ages of 14 and 18 years are used, is guilty of the crime of child pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Trafficking of drugs. The Committee notes that the Act prohibiting the illicit trafficking of drugs (Decree No. 22095 of 21 February 1978) prohibits the illicit trafficking of drugs (section 54), the cultivation, production or extraction of drugs (section 55(1)) and the import, export, sale, distribution or transport of drugs (section 55(2)). It also notes that, under the terms of section 57(c) of the Act, penalties are envisaged for any person who makes use of young persons under 18 years of age to commit offences prohibited by the law.

2. Begging. The Committee notes the adoption in March 2004 of Act No. 28190 protecting minors from begging. The Committee notes that section 128 of the Penal Code, as amended by the second provision in fine of Act No. 28190, establishes penalties for persons who endanger the life or health of a person placed under their authority, who is dependent on them, who is under their responsibility or surveillance or of whom they are the guardian, particularly by compelling or encouraging that person to beg in public places.

Article 3(d). Hazardous types of work. The Committee notes that, under section 58(1) of the Code of Children and Young Persons, work by adolescents (any human being between 12 and 18 years of age - section 1) is prohibited in underground premises, work involving the handling of excessive weights or toxic substances and activities in which their security or that of other persons is under their responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing the Directive respecting the authorization of adolescents to work, of 25 August 1994, prohibits work by adolescents in: (1) underground premises and work involving the handling of excessive weights; (2) activities which are hazardous or harmful for health or morals; (3) activities in which their safety or that of other persons is placed under their responsibility; and (4) work involving the handling of explosives or inflammable substances. The Committee notes that a Bill to amend the Code of Children and Young Persons is currently under examination. It notes that the Bill makes amendments to sections 51 and 58 of the Code. The Committee observes that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. The Committee notes that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 18 years of age). It understands, from a reading of these provisions, that the prohibition covers all persons under 18 years of age. The Committee requests the Government to clarify the age applicable for the prohibition of the performance of hazardous types of work covered by sections 51 and 58 of the Bill to amend the Code of Children and Young Persons.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that the Government has adopted a list of types of work that are hazardous for young persons. It also notes that various ministries, employers’ and workers’ organizations, UNICEF, the ILO and NGOs participated in the process of formulating this list.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, hazardous types of work and to communicate the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Directorate for the Protection of Minors and Occupational Safety and Health. The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion has established the Directorate for the Protection of Minors and Occupational Safety and Health. The Directorate coordinates activities to monitor the application of standards relating to work by children and adolescents in 500 work centres. It works with a group of labour inspectors who are responsible solely for child labour. The Committee requests the Government to provide information on the activities of the Directorate for the Protection of Minors and Occupational Safety and Health, on the mechanisms established in practice for the implementation of standards respecting work by children and adolescents in 500 work centres, and on the results obtained by the labour inspection services, particularly by providing extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of this Article.

2. Standing Multisectoral Working Group on Trafficking in Persons. The Committee notes with interest that a Standing Multisectoral Working Group on Trafficking in Persons has been established (Presidential Decree No. 002-2004-IN of 19 February 2004). It requests the Government to provide information on the activities of this Working Group in relation to the sale and trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 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 government bodies, employers’ and workers’ organizations, as well as civil society and international cooperation institutions, the ILO, UNICEF and the Pan-American Health Organization (PAHO). The functions of the Steering Committee include formulating and coordinating policies and programmes for the elimination of child labour. The Committee 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 the worst forms of child labour. The Committee requests the Government to provide a copy of the National Plan once it has been adopted. It also requests the Government to provide detailed information on the implementation of the National Plan in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that article 2(24)(b) of the Constitution and sections 123, 153, 179, 179-A, 181-A of the Penal Code establish effective and decisive penalties prohibiting: the sale and trafficking of children; debt bondage; forced or compulsory labour and the use, procuring or offering of a child for prostitution, the production of pornography or for illicit activities, such as the trafficking of drugs and begging. The Committee also notes that section 19 of the General Act on the labour inspectorate and the protection of workers (Decree No. 910) and section 44 of the regulations issued under the General Act (Presidential Decree No. 020-2001-T) establish penalties for violations of the provisions prohibiting child labour, particularly in the case of hazardous types of work. It requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes with interest that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10) (Presidential Decree No. 003-2002-PROMUDEH of 7 June 2002). It requests the Government to provide information on the measures adopted in the framework of this Plan to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Sexual exploitation. The Committee notes that the Government is collaborating with ILO/IPEC on the following programmes of action: elimination of the sexual exploitation of children; and the prevention and elimination of abuse and sexual exploitation in domestic work. It also notes that one of the objectives of the National Plan of Action for Children and Young Persons is to eliminate the worst forms of child labour and to reduce the sexual exploitation of girls and boys by 2010. The Committee further notes the information provided by the Government that the Ministry of Labour and Social Development has prepared a strategic plan to combat the commercial sexual exploitation of children and young persons for the period 2004-08. The two principal orientations of the plan are to give priority to combating commercial sexual exploitation and to strengthen the national network against commercial sexual exploitation. Moreover, the Committee notes that a project for prevention and protection of the victims of commercial sexual exploitation is currently being implemented in ten regions of Peru. The Committee requests the Government to provide detailed information on the measures adopted in the context of the National Plan of Action for Children and Young Persons with a view to eliminating the worst forms of child labour, and particularly the commercial sexual exploitation of children and young persons. It also requests the Government to provide information on the activities carried out in the context of the strategic plan to combat the commercial sexual exploitation of children and young persons. The Committee further requests the Government to provide information on economic alternatives and the measures taken to ensure the rehabilitation and social integration of children removed from commercial sexual exploitation. Finally, it requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. 1. ILO/IPEC activities. The Committee notes that, according to the information provided by the Government, several activities related to education have been implemented with ILO/IPEC with a view to combating child labour. These activities relate, among other objectives, to: education and the elimination of child labour; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the strengthening of education in the Abastos de la Parada market; the prevention and elimination of child labour in the centre of Lima through training for child workers; and the elimination of child labour in rubbish dumps through educational methods. The Committee requests the Government to provide information on the impact of the above activities, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

2. National Plan of Action for Children and Young Persons (2002-10) and education. The Committee notes that, in the framework of the National Plan of Action, the Government plans to take measures so that children and young persons who work attend school, thereby reducing the school drop-out rate. It requests the Government to provide information on the impact of the National Plan of Action, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

Clause (d). Identification of children at special risk. Begging. The Committee notes that one of the objectives of the National Plan of Action for Children and Young Persons is to reduce begging. The Committee requests the Government to provide information on the results obtained, particularly with regard to the number of children who are in practice removed from begging.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which, in the context of the National Plan of Action for Children and Young Persons (2002-10), it intends to afford particular attention to the special situation of girls and to protect them from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Peru is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in its concluding observations on the second periodic report of Peru in February 2000 (CRC/C/15/Add.120, paragraph 3), the Committee on the Rights of the Child noted the National Strategy to Combat Poverty (1995-2000) adopted by the Government as a basis for a medium-term strategy to combat poverty. The Committee requests the Government to provide information on the impact of this National Strategy, and particularly its contribution to eliminating the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes with interest the study carried out by the National Institute of Statistics and Information Technology entitled "Overview of work by children and young persons in Peru, 2001". According to the statistics contained in this study, around 1,985,000 children and young persons between the ages of 6 and 17 years work in Peru. However, as indicated by the Government, these statistics do not relate to the worst forms of child labour. Furthermore, according to the Government, there are no reliable means of determining the real dimensions of the economic exploitation of children in Peru. The Committee therefore requests the Government to take the necessary measures to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions initiated, convictions and penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.