Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the observations received on 3 October 2011 of the Confederation of Workers of Peru (CTP), the Single Confederation of Workers of Peru (CUT), the National Federation of Municipal Workers of Peru (FENAOMP), the Regional Federation of Health Workers – Lima Callao and Lima Provinces Region (FERSALUD), the Federation of Education Sector Administrative Workers of Peru (FETRASEP), the National Federation of Hotel and Allied Workers of Peru (FNTHRSP), the Union of Ministry of Agriculture Employees (SITAMA), the Single Union of Employees of the National Institute for Children (SUTINSN), the Single Union of the Ministry of Health Central Administration (SUTAC MINSA), the Single Union of Administrative Employees of Education Institutions (SUTAIE UGEL 05), the Single Union of Telefónica del Perú Workers (SUTTP), the National Union of Public Employees of the Airforce of Peru (SINEPFAP), the Union of Pueblo Libre Municipal Workers (SINDOBREMUN) and the Single Union of Rímac Municipal Workers (SUTRAOM Rímac). The Committee notes that these organizations state that according to a report by the labour inspectorate most of the complaints that were filed by women in 2009 and gave rise to workplace visits by the labour inspectorate are obstructed by employers. They further indicate that the labour inspectorate does not publish in sufficient detail the results of measures to combat discrimination since the information is not disaggregated by sex, and does not indicate whether the inspection visits were scheduled or conducted further to complaints. The observations also refer to complaints filed with the Ombudsman’s office in connection with disciplinary investigations and the exclusion of pregnant women from the federal police and armed forces training institutes, and limitations on access to employment on the basis of age. The organizations further object that there is no body responsible for monitoring compliance with labour standards in the public sector, asserting that the labour inspectorate has jurisdiction only in the private sector, that there are no policies on the prevention of sexual harassment and that it is unclear where authority lies for hearing sexual harassment complaints. The Committee requests the Government to provide its observations on these comments. It asks it to indicate in particular:

• (i) what measures are taken against employers who obstruct labour inspectors in their work;
• (ii) which authority has competence for addressing complaints of discrimination filed by public sector employees;
• (iii) what specific measures have been adopted for the prevention of sexual harassment in the workplace; and
• (iv) which authority has competence to address complaints of sexual harassment.

In its previous observation the Committee also referred to the need to provide information on the practical application and the effects of the Act to promote the competitiveness, formalization and development of micro and small enterprises and access to decent work (Legislative Decree No. 1086); the Act to approve standards for the promotion of the agricultural sector (Act No. 27360); the Act to establish the new administrative services contract (Legislative Decree No. 1057) and the Domestic Workers Act (No. 27986). The Committee also asked the Government: (i) to provide information on the implementation and results of the system to follow up and monitor the National Equal Opportunities Plan, on gender-based indicators and on reports produced by the Ministry of the Interior’s Observatory for Equal Opportunities between Woman and Men; (ii) to report on the implementation of the national and regional equal opportunities plans and their practical effects on the public sector and the private sector; (iii) to reply to the comments of the Lima Chamber of Commerce (CCL); and (iv) to continue to take the necessary steps to increase women’s participation in employment in the public sector and the private sector. The Committee requests the Government to provide information in its regular report on the issues raised in the observation and direct request of 2010.