Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Peru (Ratification: 1970)

The Committee notes the information provided by the Government in its report in reply to its previous comments, and the attached documentation and statistics.

1. The Committee notes the adoption of Act No. 27270, of 12 May 2000, against acts of discrimination, amending the Penal Code and Act No. 26772 defining discrimination in employment and establishing administrative penalties for the above offence. The Committee requests the Government to indicate whether Supreme Decree No. 002 98 TR, issuing regulations under Act No. 26772, has been amended as a consequence, and also requests it to provide information on any claims made relating to the principle set out in the Convention not only with regard to access to employment and the various occupations, but also concerning conditions of work and vocational training.

2. The Committee notes the Government’s statement that, under Act No. 26772 of 14 April 1997, prohibiting discrimination in job vacancies and in access to training, and its regulations of 1998, two complaints have been submitted concerning discrimination in employment, both relating to discrimination on grounds of age.

3. The Committee notes with interest the information provided by the Government on the activities of the Programme for the Consolidation of Women’s Employment (PROFECE), the organized groups for women looking for work (known as GOOLS), the Self Employment and Microenterprise Programme (PRODAME), and the Young Workers’ Training Programme (ProJoven).The Committee would be grateful if the Government would also provide statistics on the PRODAME and ProJoven programmes disaggregated by sex. The Committee notes that, according to the labour indicators of the National Institute of Statistics and Information (INEI), the rate of underemployment among women rose in 1999 to 49.1 per cent, compared with 38.8 per cent for men. The Committee also notes that women’s participation in the labour market continued to decline and that one of the fundamental problems affecting women is poverty. The Committee hopes that the programmes that are being implemented will have an impact in practice on the above problem of poverty, thereby contributing to promoting the access of women to the labour market and improving their status therein.

4. The Committee notes the request made to the Ministry of Justice to indicate whether Act No. 26772 and its regulations have been translated into Quechua, Aymara and other native languages. The Committee trusts that if they have not been translated, the Government will reinforce the efforts being made to translate and diffuse labour laws in the various indigenous languages and will keep it informed of any progress achieved in this respect. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to promote equality of opportunity and treatment in employment and occupation for indigenous women.

5. The Committee notes the Special Programme for Indigenous Communities of the Human Rights and the Disabled Persons Unit responsible for examining problems relating to the protection and promotion of the rights of indigenous communities. The Committee would be grateful if the Government would provide information on the activities undertaken within the context of the above programme for the promotion of equality of treatment in employment and occupation.

6. The Committee notes the adoption of Supreme Decision No. 011 2000 PROMUDEH establishing the Multisectoral Ad Hoc Commission for the follow up and evaluation of the National Plan for Equality of Opportunity between Women and Men, 2000 05, at the national, regional and local levels. The Committee would be grateful if the Government would provide a copy of the National Plan for Equality of Opportunity between Women and Men, 2000 05, with its next report.