Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 138) sur l'âge minimum, 1973 - Pérou (Ratification: 2002)

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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

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

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

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