Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Legislative framework and implementation. In its previous direct request, the Committee asked for information on the impact of Act No. 26772, defining discrimination in employment and establishing penalties for that offence, and Supreme Decree No. 002-98-TR issuing regulations under the Act. It also asked whether affirmative action had been taken to promote access to employment and training for groups that traditionally suffer discrimination. The Committee notes that, according to the Government’s report, there have been only 13 cases since 1998 relating to the application of the above legislation. The Committee recalls that a low number of complaints of discrimination does not necessarily indicate a low incidence of discrimination, but often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness of the rights under the law and an absence of accessible dispute resolution procedures. The Committee also notes that the Supreme Decree only applies to discrimination in offers of employment and access to training, rather than to all aspects of employment and occupation. The Government points to the measures taken by the Employment Promotion and Vocational Training Directorate intended to prevent discrimination in access to employment. More specifically, the Directorate is establishing appropriate procedures to give effect to the rules prohibiting discrimination in vacancy announcements, has established a system to monitor vacancy announcements in the classified advertisements of the major national newspapers; and prepares a monthly report naming enterprises which have published discriminatory vacancy announcements with an indication of the type of discrimination. According to the Government, this will provide a basis for the adoption of corrective measures and awareness raising.

2. The Committee requests the Government to:

–           consider undertaking an assessment of whether the legislative framework provides sufficient protection against discrimination in all aspects of employment, including with respect to recruitment and conditions of employment, and to keep the Committee informed of the results of the assessment and any follow-up envisaged;

–           consider providing training for those responsible for applying the law and regulations, including judges and labour inspectors, as well as undertaking awareness-raising activities to ensure that workers and employers are aware of their rights; and

–           provide information on any cases dealt with by the labour inspectorate or the courts concerning compliance with the national legislation on discrimination, and the results of the monitoring activities of the Employment Promotion and Vocational Training Directorate.

3. Equality between women and men. The Committee notes the action taken in the context of the Equal Opportunities Plan, 2002–05, the progress achieved and the difficulties encountered, particularly in relation to the absence of adequate indicators. It notes the new Equal Opportunities Plan for Women and Men,
2006–10, the objectives of which include an increase in the number of women in executive positions in the public and private sectors, in the number of women gaining access to land ownership and to credit, and an increase in the number of women in non-traditional and higher paid occupations. It also notes that statistics disaggregated by sex and including gender indicators will be available by 2010. The Committee requests the Government to provide information on the implementation of the Equal Opportunities Plan and the results achieved.

4. Sexual harassment.  The Committee notes that one of the objectives of the Equal Opportunities Plan is that by 2010 some 60 per cent of public institutions and 20 per cent of private institutions will have approved and implemented directives to prevent and punish sexual harassment. The Committee requests the Government to provide an illustrative sample of directives and procedures established in both the public and the private sectors and, in so far as possible, to supply information on their application in practice. Please also supply information on the policies and measures adopted under the terms of section 7(b) of the recently adopted Act No. 28983 that provides for the adoption of just, effective and appropriate procedures for the denunciation and punishment of sexual violence. The Committee repeats its request to the Government for copies of judicial and administrative decisions, statistical information on the number of cases and labour inspection reports, as well as on initiatives taken or envisaged by employers and workers to combat sexual harassment.

5. Discrimination on grounds of race and colour. The Committee notes that Act No. 26772 and its regulations still have not been translated into indigenous languages. It further notes that arrangements are being made with the Directorate for Cultural, Bilingual and Rural Education of the Ministry of Education for its translation into Cuzco Quechua, Ayacucho Quechua, Ashaninka, Aymara and other Amazonian dialects. The Committee requests the Government to indicate whether the above legislation has been translated and distributed to the various indigenous communities. It would also be grateful if it would provide information on other measures adopted to promote equality in employment and occupation for the members of the various indigenous communities.

6. The Committee would be grateful if the Government would provide more detailed information on the situation of indigenous women in employment and occupation, the activities that they perform and the measures adopted by the Government to promote the equality of indigenous women in employment and occupation. Please indicate, in particular, whether an assessment has been made of the situation of indigenous women in employment and occupation, and whether specific plans have been formulated to promote equality in employment and occupation for indigenous women which take into account their situation and specific characteristics.

7. Affirmative action. Regarding its previous request concerning whether affirmative action had been taken to promote access to employment and training for groups that traditionally suffered discrimination, the Committee notes that the legislation establishes a minimum quota for employment of persons with disabilities in state bodies and also includes measures in favour of mothers with family responsibilities. There is also a requirement that there must be a minimum of 30 per cent female candidates in Congress and a minimum of 15 per cent of candidates from indigenous communities and aboriginal peoples. The Committee requests the Government to provide information on the impact of these measures in practice, and to continue providing information on any other affirmative action measures.