Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Peru (Ratification: 2002)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in a study conducted by the National Institute of Statistics and Information Technology concerning the work of children and young persons in Peru in 2001, more than 1,219,473 children between 6 and 13 years of age work in Peru. It also notes that the Government, in cooperation with ILO/IPEC, has implemented a number of programmes of action concerning the elimination of child labour, including in refuse dumps, coca plantations in the Cusco and Ayacucho jungles, small-scale mines in Mollehuca and La Rinconada, brickworks in Huachipa, mining farms in Santa Filomena and Ayacucho and in domestic work in the homes of other persons.

The Committee notes with interest the “National Plan for the prevention and elimination of child labour (2005–10)”. It notes that the objective of this plan is to prevent and eliminate the work of children under 14 years of age, and also the worst forms of such labour, and to protect the well-being and rights of young workers between 14 and 18 years of age. To this end, the plan provides for the adoption of strategic measures in: (1) awareness raising and communication; (2) legislation; (3) statistics and research; (4) social policies and rights; and (5) training and strengthening of institutions. In addition, the plan proposes to give particular attention to families and children living in poverty. The Committee duly notes that, according to the information available to the Office, the country is currently preparing a Decent Work Country Programme. It also notes that Peru is participating in the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), the goal of which is to prevent the engagement of more than 5,000 boys and girls in child labour or, where applicable, remove them from it. Furthermore, the project intends the implementing measures taken to be indirectly beneficial to families and communities by improving their living conditions. The Committee notes that, according to a 2007 ILO/IPEC study on girls working in mines, boys and girls are engaged in hazardous work in small-scale informal mining operations, with the involvement of girls becoming more and more frequent in extraction, transportation and processing work. It also notes that, according to a 2007 ILO/IPEC study on the prevention of child domestic labour and the vulnerability of children performing domestic work in the homes of other persons, child domestic labour is a widespread practice in the country. Finally, the Committee notes that, according to ILO/IPEC information, a study on the scope and characteristics of child labour is being prepared.

While duly noting the measures taken by the Government to abolish child labour, measures which it considers to be the expression of a political will to develop strategies to combat this problem, the Committee is concerned at the situation of children in Peru who are forced to work out of personal need, particularly in small-scale mining operations and as domestic workers. It therefore urges the Government to intensify its efforts to improve the situation gradually and requests it to supply detailed information on the measures taken in this regard as part of the implementation of the “National Plan for the prevention and elimination of child labour (2005–10)” and the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), and also the results achieved. The Committee also requests the Government to send a copy of the study on child labour once it has been finalized. It also invites it to continue providing information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, and extracts of the reports of the inspection services, particularly regarding inspections conducted in the abovementioned sectors.

Article 2, paragraph 4. Compulsory schooling. The Committee notes that, according to statistics in the study on the work of children and young persons in Peru in 2001, 61.4 per cent of children and young persons enter the labour market without finishing their compulsory schooling.

The Committee notes that, according to 2005 figures from the UNESCO Institute for Statistics, 97 per cent of girls and 96 per cent of boys attend primary school while 70 per cent of girls and boys attend secondary school. It also notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Peru in March 2006 (CRC/C/PER/CO/3, paragraph 60), noted with satisfaction the active role of school councils as well as the programmes developed by the Government, especially in the field of pre-primary education. The CRC also welcomed the increase in the completion rate for primary education in Peru. However, it is still concerned at: (i) the lack of regular school attendance at both primary and secondary level, the very high drop-out and repetition rates, and the fact that nearly one in four adolescents (12–17 years of age) has left school, inter alia because of lack of schools; and (ii) the even higher absenteeism and early drop-out of girls because of traditional views on their place in society and also owing to early pregnancies. The Committee duly notes that, according to information contained in the “National Plan for the prevention and elimination of child labour (2005–10)”, apart from regular basic education, the Government has established an alternative form of basic education in the form of literacy programmes in more than 26 training centres. Moreover, each of the plan’s five action strategies provides for the adoption of measures to strengthen education. In view of the fact that education is one of the most effective means of combating child labour, the Committee encourages the Government to improve the functioning of the education system in the country. In this regard, it requests it to provide information on the measures taken, particularly as part of the implementation of the “National Plan for the prevention and elimination of child labour
(2005–10)”, to increase the school attendance rate and reduce the school drop‑out rate. It also requests the Government to step up its efforts to combat child labour by reinforcing measures to enable working children and young persons to enter the education system, whether on a formal or informal basis, or engage in vocational training, on condition that minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. With reference to its previous comments, the Committee notes with interest the adoption of Supreme Decree No. 007-2006-MIMDES, which approves a detailed list of types of work which are hazardous or harmful to the physical or psychological well-being of young persons and which are prohibited to young persons, namely any person between 12 and 18 years of age.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, under paragraph A.5 of Supreme Decree No. 007-2006-MIMDES, night work between 7 p.m. and 7 a.m. is considered by its nature to be hazardous work and is prohibited. However, it notes that, under section 57 of the Children and Young Persons Code of 2001, night work (work done between 7 p.m. and 7 a.m.) performed by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per day. The Committee notes the Government’s statement that the Congress of the Republic is currently examining draft Act No. 064-2006-CR, the purpose of which is to amend the Children and Young Persons Code. One of the proposals of the draft Act is to amend section 57 of the Code to the effect that exceptions to the prohibition on night work laid down by this provision may be authorized by a magistrate or otherwise by the competent authority in respect of young persons from the age of 16 years onwards, and no longer 15 years, on condition that such work does not exceed four hours per day during the period between 7 p.m. and 7 a.m.

The Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (1) their health, safety and morals are fully protected; and (2) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that, in the context of the examination of draft Act No. 064-2006-CR, the Government will take account of the comments made above. It requests the Government to provide information on the measures taken or contemplated to ensure that permission to employ young persons as from the age of 16 years in work considered to be hazardous – in this case, night work – is only granted under the conditions laid down by Article 3, paragraph 3, of the Convention.

Article 7, paragraphs 3 and 4. Determination of light work. In its previous comments, the Committee noted that, under section 51(2) of the Children and Young Persons Code, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It also noted that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours per day or 21 hours per week. The Committee noted that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work per day and per week for such types of work, they do not specify the types of work that are considered to be light. It asked the Government to determine the types of light work which may be performed by young persons between 12 and 14 years of age. The Committee notes the information supplied by the Government to the effect that proposals to define the concept of light work, determine the types of such work and assess its legal effects are currently under examination. The Committee hopes that the proposals to determine types of light work, which are currently being examined by the Government, will be adopted in the near future and will take account of the comments made above. It requests the Government to provide information on all progress made in this regard.

The Committee also noted that the draft Law amending the Children and Young Persons Code amends sections 51 and 56 of the Code currently in force, to the effect that the employment of young persons over 12 years of age in light work is no longer authorized. It noted that, according to the statistics contained in the 2001 “Review of work by children and young persons in Peru” prepared by the National Institute of Statistics and Information Technology, a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee notes that the Government does not supply any information in this regard. The Committee again expresses the hope that, when adopting the amendments to the Children and Young Persons Code proposed by the draft Act, the Government will take account of the minimum age of 12 years for admission to light work, which will enable the employment of children in these types of work occurring in practice to be regulated. It requests the Government to supply information on all progress made in this regard.

Article 8. Artistic performances. The Committee previously noted the Government’s information to the effect that regulations adopted under Act No. 28131 of 18 October 2003 on performing artists state that work by minors in artistic activities may only be carried out under the following conditions: the activity must not jeopardize the health or development of the minor, delay his or her educational development or adversely affect his or her morals. The Government added that the labour administration may prohibit work by a minor in cases where the conditions described above cannot be verified. Noting the Government’s indication that information on this point will be communicated in due course, the Committee requests the Government once again to send a copy of the regulations adopted under Act No. 28131 of 18 October 2003 on performing artists and indicate whether consultations were held with employers’ and workers’ organizations, in accordance with Article 8 of the Convention.