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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

With reference to its previous comments, the Committee notes the information supplied in the Government's report and the discussions that took place at the Conference Committee in 1991.

The Committee recalls that its comments have referred for several years to the following points:

- the prohibition of the re-election of the officers of a public servants' union immediately following the end of their term of office (section 16(2) of Presidential Decree No. 003-82/PCM);

- the prohibition of public servants' federations and confederations from forming part of organisations representing other categories of workers (section 19 of Presidential Decree No. 003-82/PCM);

- the need to change the requirement of belonging to the enterprise for election to trade union office (Presidential Decree No. 001 of 15 January 1963); and

- the need to amend section 6 of Presidential Decree No. 009 of 1961 prohibiting trade unions from engaging in political activities as institutions.

Trade union rights of public servants

1. The Committee notes with satisfaction the promulgation of Presidential Decree No. 063-90/PCM of 28 February 1990 (repealing section 6 of Presidential Decree No. 003-82/PCM) which permits, in section 5, the re-election of members of management committees of public servants' trade unions immediately following the end of their term of office.

2. With regard to the prohibition of public servants' federations and confederations from forming part of organisations representing other categories of workers (section 19 of Presidential Decree No. 003-82/PCM), the Government reiterates the statement made in its last report, but indicates that the National Institute of Public Administration has taken action to ensure that the necessary measures are adopted to bring the legislation into conformity with the Convention.

The Committee takes note of the information supplied by the Government and hopes that the necessary measures will be taken to ensure that federations and confederations of public servants can affiliate freely with organisations of their choosing, at least at the higher level (see paragraphs 78 and 126 of the General Survey on Freedom of Association and Collective Bargaining of 1983).

The right of workers to elect their representatives in full freedom

3. With regard to the necessity of belonging to the enterprise to hold trade union office (Presidential Decree No. 001 of 15 January 1963), the Committee notes the Government's indication that this situation will be dealt with in the General Labour Bill.

The Committee again expresses the hope that a new provision will be adopted in the near future to eliminate any obstacle to the right of workers to elect their representatives in full freedom, in conformity with Article 3 of the Convention.

Prohibition on trade unions from engaging in political activities

4. With regard to the prohibition of trade unions from engaging in political activities as institutions, by virtue of Presidential Decree No. 009 of 1961 (section 6), the Committee notes the Government's statement that when the new Labour Law comes into force, it will repeal Presidential Decree No. 009 of 1961.

The Committee expresses the hope that the new General Labour Law will guarantee that trade union organisations are able to express themselves publicly on matters of general interest and, consequently, of a political nature in the broad sense of the term so that, in particular, they can express their views publicly on the Government's economic and social policy, since the fundamental principle of the trade union movement is to ensure the development of the social and economic well-being of all workers.

The Committee again requests the Government to take the necessary measures to bring its law and practice into line with the Convention which it ratified many years ago, and to provide detailed information in its next report on progress made in this respect.

The Committee is also addressing a request directly to the Government.