Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Safety and Health in Mines Convention, 1995 (No. 176) - Peru (Ratification: 2008)

The Committee notes the Government’s first report received on 14 September 2010; the comments on the draft report of the Government sent by the General Confederation of Workers of Peru (CGTP), received by the Office on 14 September 2010 and forwarded to the Government on 28 September 2010; the comments of the National Confederation of Private Business Associations (CONFIEP), received by the Office on 12 November 2010, and the comments of the Chamber of Commerce of Lima (CCL), both forwarded to the Government on 18 November 2010. The Committee notes the indication by the CGTP, with regard to the authority competent to suspend or restrict mining activities on safety and health grounds, that it would have been advisable for the Government to provide information on the number of mining sites closed as a preventive measure by the Supervisory Body for Investment in Energy and Mining (OSINERGMIN), to provide further information in its report, in addition to referring to the respective legislative provisions, and to indicate the inspections carried out. The Committee notes that, according the CCL, as envisaged in the legislation on the subject, the State shall ensure that the holders of mining rights are in compliance with the provisions of the Mining Act, its General Regulations, mining safety regulations in all exploration and exploitation concessions and in permits for the establishment of separation, smelting and refining plants. In conclusion, the Committee notes that, according to the CONFIEP, for reasons of timing, when the report was drawn up the recent Occupational Safety and Health Regulations and other additional measures in mining, approved by Supreme Decree No. 055-2010-EM, published in the Diario Oficial el Peruano, on 22 August 2010, were not taken into account. Indeed, the Committee notes that the Government’s first report, provided in September 2010, is based on Supreme Decree No. 046-2001-EM, issuing the Mining Safety and Health Regulations, and that the Decree was repealed in full by the sole provision repealing former texts of Supreme Decree No. 055-2010-EM, which consists of 396 sections, 19 annexes and three guidelines. In light of the above, the Committee requests the Government to provide a new detailed report based on the legislation that is in force and on its application in practice, together with the comments that it deems appropriate concerning the communications referred to above.

[The Government is asked to report in detail in 2012.]