Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Pérou (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pérou (Ratification: 2021)

The Committee takes note of the information provided by the Government in its 2019 report as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020).

The Committee also notes the joint observations of the Autonomous Workers' Confederation of Peru (CATP); the Confederation of Workers of Peru (CTP); the General Confederation of Workers of Peru (CGTP); and the Single Confederation of Workers of Peru (CUT-Perú) transmitted by the Government with its supplementary information. 

Articles 1(1) and 2(1) of the Convention. Efforts to combat forced labour. (a) National Plan to combat forced labour (PNLCTF). The Committee previously noted the lack of information provided by the Government on the implementation of the three strategic objectives of the Second National Plan to combat forced labour for 2013–2017 (PNLCTF-II), as well as the observations made by the CATP that the lack of funding had prevented the implementation of actions planned under the PNLCTF II or the strengthening of the capacities of the National Committee on Combating Forced Labour (CNLCTF) at both national and regional levels, particularly in the regions containing the areas most at risk. The Committee requested the Government to provide full information on any evaluation made on the implementation of the PNLCTF-II as well as on the measures taken to strengthen the capacities of the CNLCTF, while hoping that it would be possible to draw up regional plans for combating forced labour that take account of the specific features of forced labour situations that may exist in the various regions of the country. The Committee notes the Government’s statement, in its report, that according to the evaluation made in 2018 by the CNLCTF, with the assistance of the ILO, it was highlighted that the design of the PNLCTF-II, and more particularly the lack of basis values or targets expressed in absolute terms, did not enable any assessment of its results and effectiveness and that involved institutions only reported partly on what had been done. The Government adds however that the implementation of the PNLCTF-II resulted in better knowledge of forced labour, in particular in the Ucayali and Madre de Dios regions where two case studies were conducted with the assistance of the ILO. Moreover, in 2018 several workshops to formulate regional plans to combat trafficking in persons while incorporating actions against forced labour were organized in the Cusco, Loreto, Amazonas, Tumbes and Ica regions. The Committee takes due note of the adoption of the PNLCTF-III for 2019–2021 (Supreme Decree No. 015-2019-TR of 18 September 2019) which sets two specific objectives, namely: (i) to develop an adequate capacity of government institutions to prevent and eliminate forced labour, in particular through specific actions aimed at preventing and detecting forced labour cases, providing assistance to victims of trafficking, sanctioning those perpetrators and restoring victims’ rights; and (ii) to reduce public tolerance towards forced labour through capacity-building and awareness-raising activities, in particular among civil servants. The Committee notes that in their joint observations the CATP, CTP, CGTP and CUT-Perú emphasize that the implementation of the PNLCTF-III requires the allocation of adequate resources for the institutions that are part of the CNLCTF. Welcoming the adoption of the PNLCTF-III and noting that it explicitly provides for the development of a monitoring system and annual evaluation reports, the Committee requests the Government to provide information on the implementation of the two strategic objectives of the PNLCTF-III and on any evaluation undertaken on the measures taken within this framework. It once again requests the Government to provide information on any measures taken to strengthen the capacities of the CNLCTF at both national and regional levels, as well as on the content and impact of any regional plans for combating forced labour implemented in the various regions of the country, in particular in those containing the areas most at risk.

(b) Diagnosis. The Committee previously noted that, in March 2017, the Ministry of Employment and Employment Promotion (MTPE), the National Institute of Statistics and Information Technology (INEI) and the ILO signed a cooperation agreement aimed at collecting statistical information to discover the true extent of the problem of forced labour in the most vulnerable areas of the country and hoped that such data could be collected quickly. The Committee notes the Government’s indication that, in the framework of this cooperation agreement, the INEI will conduct a survey on the prevalence of forced labour in the Cusco region, with the assistance of the ILO, which will provide quantitative statistical information and improve governmental policies and actions. In its supplementary information, the Government indicates that technical meetings were organized, a questionnaire was prepared and pilot testing was carried out in that respect, at the end of 2019. The Government indicates however that as a result of the COVID-19 pandemic these actions have currently been suspended. The Committee notes that, in their joint observations, the CATP, CTP, CGTP and CUT-Perú encourage the Government to conduct the survey in order to generate reliable data to contribute to the improvements of public policy interventions in the different economic sectors. Moreover, the Committee notes that, while the Bridge Project in Peru, which provided ILO technical assistance, ended on 19 October 2019, the ILO plans to continue supporting the Government as well as employers’ and workers’ organizations in the implementation of the PNLCTF-III, including by conducting the first labour force survey in 2020–21. The Committee trusts that the Government will make every effort to ensure that in the near future quantitative and qualitative data on forced labour is collected, analysed and communicated to the competent authorities to enable better targeting of their actions, appropriate use of human and financial resources and identification of victims of forced labour. It hopes more particularly that the technical assistance of the Office will help the Government to achieve tangible progress in this respect and requests the Government to provide information on the results of any statistical information collected on forced labour, as well as any measures adopted as a result.

(c) Labour inspection. The Committee previously noted that the National Labour Inspection Supervisory Authority (SUNAFIL) had begun a restructuring of the Special Labour Inspection Unit for Combating Forced and Child Labour (GEIT) set up in 2008 in order to strengthen its efficiency and that, in April 2016, the protocol for action on forced labour drafted by SUNAFIL, containing basic guidance to ensure coordinated and effective action by the labour inspection system in relation to the prevention and elimination of forced labour, was adopted. Noting the CATP’s observations on the lack of funding faced by the SUNAFIL, the Committee requested the Government to strengthen its efforts to ensure that the GEIT had adequate human and material resources to cover the whole of the national territory quickly and effectively. The Committee takes note of the adoption of Resolution No. 05-2018-SUNAFIL of 10 January 2018 which: (i) establishes a new specialized inspection group to combat forced labour and child labour (GEIT-TFI) which will consist of at least ten inspectors (supervisor, labour inspectors and auxiliary inspectors); and (ii) approves Protocol No. 001-2018- SUNAFIL /INII concerning the actions to be undertaken by the GEIT-TFI, a second version of which was adopted by Resolution No. 152-2019-SUNAFIL of 7 May 2019. According to the protocol for action, the GEIT-TFI is responsible for conducting inspections to monitor and provide guidance on forced labour and child labour; generating information; promoting intergovernmental and multi-sectorial collaboration; participating in training and internship; and suggesting improvements regarding the functioning of SUNAFIL. The Committee also notes that the Protocol for action on forced labour was adopted by Resolution No. 217 2019-SUNAFIL of 9 July 2019 with a view to collecting and using information that will enable the identification of economic sectors or regions in which forced labour exists and ensure the dissemination of information, awareness-raising activities on the protection of fundamental rights at work, as well as capacity-building of the staff of the labour inspectorate on forced labour issues. It notes that the protocol provides for administrative fines to be imposed in case of forced labour situations (paragraph 14.2 of the Protocol). The Committee further notes that the PNCLTF-III provides for specific actions to train inspectors in detecting forced labour situations as well as in order to ensure that a sufficient number of professionals are specialized on this issue and that sufficient equipment, material and logistical resources are made available so that they can carry out their inspection functions more effectively. The Committee notes that, in its supplementary information, the Government indicates that 174 inspection orders on forced labour were issued, 29 infractions were detected and ten penalties in the form of fines were imposed through decisions under administrative disciplinary proceedings. The Committee requests the Government to continue to take measures to strengthen the institutional capacity of SUNAFIL, and more particularly the GEIT-TFI, including by ensuring adequate human and material resources to cover the whole of the national territory quickly and effectively. It further requests the Government to provide information on the impact of any measures taken to that end, in particular within the framework of the PNLCTF-III and Resolution No. 217-2019-SUNAFIL. Given that, as a result of inspections carried out by the GEIT-TFI, workers in situations of forced labour can be identified and released, and the courts can be provided with documents which serve to bring civil and criminal proceedings against the perpetrators of these practices, the Committee requests the Government to continue providing information on the number of inspections conducted, the regions targeted, the nature of violations recorded and the administrative penalties imposed.

Article 25. Application of effective penalties. The Committee previously welcomed the incorporation of the provisions of sections 153-B (“sexual exploitation”), 153-C (“slavery and other forms of exploitation”) and 168-B (“forced labour”), establishing penalties of imprisonment, into the Penal Code. The Committee takes note of the adoption of Act No. 30924 of 29 March 2019, which amends section 168-B of the Penal Code by adding penalties of fines to be imposed on perpetrators of forced labour together with the custodial sentence. The Committee also notes that, in their joint observations, the CATP, CTP, CGTP and CUT-Perú express concern about a legislative proposal (Bill No. 05556/2020 CR) criminalizing “human exploitation” that would result in the removal of the offences established in the Penal Code, among which sexual exploitation, forced labour and slavery.

The Committee further notes that, under the inter-institutional cooperation framework agreement signed between the Ministry of Labour and Promotion of Employment and the ILO, on 6 August 2018, several actions are planned for the organization of workshops with the Public Prosecutor’s Office, the judiciary and the national police to strengthen their capacity to investigate, process and effectively sanction cases of forced labour. In its supplementary information, the Government refers to several workshops organized in that regard, in collaboration with the ILO, in 2020. The Committee notes that the PNLCTF-III also provides for specific actions to train the national police and prosecutors in the detection of forced labour situations. The Committee encourages the Government to pursue its efforts in this regard and requests it to provide information on the measures adopted, in particular in the framework of the PNLCTF-III and the inter-institutional cooperation framework agreement signed with the ILO, to further strengthen the capacity of law enforcement authorities with a view to ensuring the detection of forced labour, the identification and protection of victims and the investigation and prosecution of all cases of forced labour. It also requests the Government to provide information on investigations conducted, judicial proceedings initiated and penalties imposed pursuant to sections 168-B, 153-B and 153-C of the Penal Code. Lastly, the Committee requests the Government to provide its comments with respect to the observations of the trade union organizations on Bill No. 05556/2020 CR.

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