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

Abolition of Forced Labour Convention, 1957 (No. 105) - Peru (Ratification: 1960)

Article 1(c) and (d) of the Convention.

1. The Committee notes Presidential Decree 070-90-TR, which extends the scope of Presidential Decree 017-62-TR respecting the minimum service necessary in the event of a strike in the essential services.

The Committee notes that, by virtue of section 4 of Presidential Decree 070-90-TR, differences respecting the number of workers that should be set down in the list of workers needed to maintain services shall be resolved by the administrative authority, and that trade union organisations or workers in public or private services who call a strike shall supply the list of workers needed to ensure that essential services are not interrupted when they call the strike (section 5). Non-compliance with this obligation is an offence that is punishable in accordance with the law (section 8).

The Committee also notes that the list of essential services set out in section 1 of Presidential Decree 070-90-TR is fairly broad, since it includes transport, cleaning and public health and all services which, in the opinion of the minister for the corresponding sector, could endanger the life, health, freedom and personal safety of the population.

The Committee requests the Government to supply information on the application in practice of sections 4, 5 and 8 of Presidential Decree 070-90-TR, as well as copies of decisions that have been taken respecting the number of workers that are considered to be necessary to maintain services, and to state the total number of workers involved, especially in the transport, communications and cleaning sectors. The Committee also requests the Government to supply information on the legal measures that are applicable (section 8) in the event of non-compliance.

2. In its previous comments, the Committee referred to section 251 of the draft Penal Code, under which:

Any person who, without creating a public danger, prevents, obstructs or hinders the normal operation of transport or of the public services of communications or of the supply of water, electricity or energy-producing materials or similar activities shall be punished with imprisonment for a period not exceeding five years. Sentences of imprisonment involve compulsory labour by virtue of sections 71 of the Code of Criminal Procedure (Legislative Decree No. 330 of 1985) and 116 of the Regulations issued under the Code (Presidential Decree No. 012-85-JUS of 12 June 1985).

The Committee noted that the list of services contained in section 251, in so far as it refers to transport services and services for the provision of energy-producing and similar materials, includes services whose interruption would not necessarily endanger the life, personal safety or the health of the whole or part of the population, and which therefore do not lie within the scope of Article 1(c) and (d) of the Convention.

The Committee recalls that forced labour imposed as a result of participation in strikes is incompatible with the Convention.

The Committee noted that its comments would be brought to the attention of the Advisory Committee of the Ministry of Justice responsible for the draft Penal Code. The Committee notes that the new Penal Code has not yet been adopted. The Committee requests the Government to supply a copy of the new Penal Code once it has been adopted.