Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

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

1. In its previous direct request, the Committee noted that, by virtue of section 4 of Presidential Decree No. 070-90-TR, respecting the minimum service necessary in the event of a strike in the essential services, 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 noted that the list of essential services set out in section 1 of Presidential Decree No. 070-90-TR is fairly broad, since it includes transport, cleaning and public health and all services the interruption of 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 notes that, according to the information contained in the Government's report, the purpose of the above provisions is to protect the rights of third parties who are not involved in the labour dispute.

In order that the Committee may ascertain the scope of the provisions of Presidential Decree No. 070-90-TR, it requests the Government to provide information on the practical application of sections 4, 5 and 8 of the above Decree and to provide a copy of decisions that have been taken concerning the number of workers considered necessary for the maintenance of services and stating the total number of workers involved, particularly in the transport, communications and cleaning sectors. The Committee also asks the Government to provide information on the channels of appeal available to workers against a decision by the administrative authority and on the legal measures that are applicable (section 8) in the event of non-compliance.

2. The Committee notes section 283 of the Penal Code (Legislative Decree No. 635 of 25 April 1991) 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 of not less than two nor more than four years." Sentences of imprisonment involve compulsory labour by virtue of sections 65 of the Code of Criminal Procedure (Legislative Decree No. 654 of 31 July 1991) and 116 of the regulations issued under the Code of Criminal Procedure (Presidential Decree No. 012-85-JUS of 12 June 1985). The Committee refers to paragraphs 110 and 111 of its General Survey of 1979 on the abolition of forced labour in which it indicated that the Convention does not protect persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, but that in such cases there must exist an effective danger.

The Committee notes that the provision of section 283 mentioned above may be applied to persons who, unintentionally, prevent or hinder the normal operation of certain public services and to cases in which the action does not give rise to a situation of danger.

The Committee asks the Government to provide information on the practical application of section 283 including details on the number of convictions, the criteria applied by the courts and copies of relevant sentences.