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

Forced Labour Convention, 1930 (No. 29) - Peru (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Peru (Ratification: 2021)

The Committee takes note of the Government’s report, which contains very detailed information in reply to its previous comments, and of the observations submitted by the Single Confederation of Workers of Peru (CUT) on the application of the Convention, forwarded to the Government in September 2011.

Articles 1(1) and 2(1) of the Convention. Preliminary remarks. In its previous comments the Committee noted the measures taken by the Government to strengthen the institutional and legislative framework for combating the different forms of forced labour that exist in Peru: practices akin to slavery and debt servitude inflicted on indigenous peoples, trafficking in persons and the exploitation of women in domestic service. It noted in particular the approval of the National Plan to Combat Forced Labour and the creation of the National Committee to Combat Forced Labour (CNLTF) and of various other institutions dealing with forced labour, in particular in the labour inspectorate and the police. It asked the Government to provide information on the implementation of the various components of the action plan.

The Committee notes that, in its observations, the CUT underlines that Peru has made progress in combating forced labour by strengthening the legal and institutional framework to do so, but that much remains to be done in order to eradicate all forms of forced labour in the country. Peru has no statistical estimates of the phenomenon other than the figures compiled by the authorities that receive complaints, which represent only the tip of the iceberg. By way of illustration, the CUT describes in detail the process leading to the exaction of forced labour in two specific situations in the Madre de Dios region: the first concerns farmers from very poor regions in the Andes who are victims of trafficking and debt servitude in the goldmines, and the second concerns indigenous communities working in the logging sector. The CUT likewise refers to nut harvesting and emphasizes that the common denominator in the imposition of such practices is poverty and the limited presence of the State.

1. Combating forced labour, particularly as imposed on indigenous communities. (a) National Plan to Combat Forced Labour (PNLCTF). The Committee notes that the PNLCTF has been updated following the adoption of an operational plan for the period 2012–13 covering six sets of priority actions. It also notes that the CNLTF has drawn up a proposal for a new national plan, which has been submitted to a process of consultation at national and regional levels. The plan, which covers the period from 2013–17 and sets specific objectives and indicators for implementation of its various components, will provide a comprehensive and inter-institutional framework for combating forced labour. The Committee hopes that the new National Plan (2013–17) will be adopted in the near future and that due account will be taken, in the consultation process, of the obstacles that have prevented the effective implementation of some of the measures set forth in the current PNCLTF. It requests the Government to provide information on any reports assessing the implementation of the 2012–13 operational plan. The Committee also asks the Government to ensure that the plan will have the necessary financial support for its implementation at both national and regional level. In this context, the Committee notes from the 2012–13 operational plan that one of the priorities is to promote the establishment of regional committees to combat forced labour and to provide them with technical support in terms of design, standards and operations, with a view to enabling them to carry out a diagnosis of forced labour and develop regional plans to fight forced labour. The Committee welcomes in this connection the creation of a regional committee for the Ucayali region. Considering that it is essential to strengthen the State’s presence in regions with a marked prevalence of forced labour, the Committee expresses the hope that the Government will take the necessary measures to allow the establishment and effective functioning of regional committees to combat forced labour.

(b) Legislative measures. In its previous comments the Committee underscored the need to supplement the national legislation by incorporating in the criminal law a provision that expressly criminalizes forced labour and defines its various components in order to cover all forced labour practices that exist in Peru. It notes from the information sent by the Government in its report that the proposal to amend the Penal Code, drafted by the Ministry of Labour, which aimed to make forced labour a criminal offence, has been unsuccessful because the general office of the legal counsel, within the Ministry of Justice, is of the view that forced labour is already covered by the provisions of section 153 of the Penal Code under which the trafficking of persons is a criminal offence. The Committee notes that the Ministry of Labour’s General Directorate of Fundamental Rights and Safety and Health does not share that view and has drafted a new proposal that will be submitted directly to the Ministry of Justice. The Committee further notes that, in its observations, the CUT is adamant that the law should prohibit forced labour, and particularly any type of employment relationship that involves the settlement of a debt by work and leads to debt bondage. The CUT also submits that some elements of the process whereby forced labour is imposed on indigenous communities in the logging sector ought to be dealt with in regulations.

The Committee points out in this connection that forced labour as defined in the Convention is a broader concept than the trafficking of persons and that, in view of the principle that criminal law must be strictly interpreted, it is important that national courts should have precise rules to follow. Furthermore, the modi operandi of human trafficking are not necessarily found in the other forms of forced labour, particularly debt bondage or certain forms of exploitation of the labour of indigenous communities. Therefore the Committee hopes that the Government will take the necessary steps to ensure that the Ministry of Labour’s legislative proposal to include forced labour in the Penal Code as a separate offence making all forms of forced labour punishable and providing for penalties commensurate with the seriousness of the offences, is adopted at the earliest possible date, as provided in the 2012–13 operational plan of the PNLCTF.

With reference to its previous observation, the Committee notes that an amendment has been drafted to the regulations on the registration of private employment agencies, providing for the removal from the National Business Register of any enterprises which would have participated, allowed or intervened in the commission of the offences of human trafficking or forced labour. The Committee requests the Government to provide information on the status of the draft amendment.

(c) Diagnosis. The Committee notes that in its report, the Government refers to various initiatives of the Ministry of Labour’s Directorate General of Fundamental Rights and Safety and Health, asking certain ministries, authorities empowered to hear grievances and regional authorities to provide information on the areas and locations where forced labour is practised, with a view to compiling and analysing such data. Some of the information has already been forward to the labour inspectorate so that it can prepare an inspection campaign. The Committee notes that the 2012–13 operational plan devotes a section to the collection of information on forced labour and on diagnosing the situation. The Committee considers that the collection of reliable data on the extent and the characteristics of the different forms of forced labour is essential and constitutes an indispensable prerequisite for the planning and success of government intervention. The Committee strongly encourages the Government to conduct a qualitative and quantitative survey to supplement the information already available on forced labour practices with a view to ensuring that the measures to be implemented under the national plan target all the peoples and regions concerned, adjusting them as necessary.

(d) Labour inspection. With reference to the special labour inspection unit set up to combat forced labour (GEIT), the Committee expressed the view that the establishment of a group of inspectors who are specialized in combating forced labour was a positive step. It nonetheless noted with concern that the GEIT appeared not to have the financial resources needed to carry out its tasks, and asked the Government to take the necessary remedial action. The Committee notes that according to the Government, the labour inspectorate has been reinforced by the appointment of 46 new auxiliary inspectors and labour inspectors have been transferred to the regions to enhance the means of action available to regional governments in this domain. The Committee takes note of the statistics of visits undertaken for the inspection of forced labour and observes that they focused on two regions, Lima and Madre de Dios, and that of the 64 visits conducted between 2007 and 2010, none led to the identification of any workers subjected to forced labour. The Government confirms that no fines have been imposed under section 25 of the implementing regulations of the General Labour Inspection Act (Supreme Decree No. 019-2006-TR), pursuant to which, forced labour, whether or not remunerated, and the trafficking or capture of persons for this purpose, are very serious offences against proper employment relationships, punishable by fines.

The Committee expresses its concern at the absence of any information on the work done by the GEIT and the measures taken by the Government to build the GEIT’s capacity for action and at the fact that no offences have been reported, despite surveys having identified some regions where forced labour exists and the processes whereby such practices are imposed. The Committee notes that the 2012–13 operational plan intends to “reactivate and reinforce the GEIT”, pointing out that “the GEIT’s current problems” need to be assessed and that measures must be promoted to build its capacity for mobility in the field by targeting regions of prevalence and providing it with adequate resources. The Committee recalls the essential role played by labour inspection in combating forced labour. Through the inspection visits carried out by the GEIT it should be possible not only to identify the workers who have fallen victim to forced labour and release them from such situations, but also to gather evidence allowing civil and criminal suits to be brought against the offenders. The Committee accordingly expresses the hope that the Government will take the necessary steps to provide the GEIT with the staff and material resources it needs to accomplish its missions throughout the country. Please specify the number of inspections carried out, the cases of forced labour identified and the legal action taken on the offences reported.

(e) Awareness-raising and prevention. The Committee notes the detailed information sent by the Government on the many activities undertaken by the Ministry of Labour and other ministries involved in combating forced labour, to raise awareness about the problems of forced labour and to provide appropriate training. The Committee notes in particular that many of these activities have targeted indigenous communities and the authorities directly responsible for identifying and punishing forced labour practices, such as the labour inspectorate or the police. The Committee encourages the Government to continue to develop actions to raise awareness among the population as a whole and among groups that are at risk, as well as activities to train the public authorities responsible for combating forced labour.

2. Domestic work in conditions of forced labour. With reference to its previous comments, the Committee takes due note of the measures taken to step up protection for women in domestic work, particularly the activities conducted to make them aware of their rights. The Committee also notes that the Ministry for Women and Social Development is drafting a bill to amend the Act on Women in Domestic Work in order to strengthen their rights and particularly to ensure their right to a contract in writing, limited working hours and remuneration equal to the minimum living wage. The Committee hopes that the bill will soon be adopted in order to reinforce the legal framework applying to domestic workers. It requests the Government to continue to provide information on the measures taken under the National Plan to Combat Forced Labour to protect this group of workers from practices amounting to forced labour, providing them with the assistance they need in order to assert their rights and report any abuse they may have suffered to the competent authorities.

3. Trafficking in persons. The Committee notes the detailed information sent by the Government on the measures taken to combat trafficking in persons in the context of activities conducted and coordinated by the Standing Multisectoral Working Group against Trafficking in Persons (GTMPTP) particularly as regards prevention, training and the protection of victims, and on the action taken by the division to combat trafficking in persons established in the national police force’s Criminal Investigation Directorate. The Committee notes in particular that the trafficking in persons hotline that operates around the clock receives a large number of calls (1,268 in 2010 and 1,024 in 2011) and that the professionals who provide assistance and advice to callers succeeded in forwarding a number of complaints to the competent authorities which were followed up by investigations and court proceedings (31 in 2010 and 36 in 2011). Furthermore, thanks to the system of recording statistics of trafficking in persons and similar offences (RETA), which compiles data on complaints, police investigations, locations, incidents and victims of trafficking, targeted supervision and training were carried out. Lastly, figures compiled by the Crime Observatory show that out of 228 complaints filed for trafficking in persons most of the 396 victims are minors (65.3 per cent), female (81.6 per cent) and of Peruvian nationality (92.4 per cent).

While observing that the full and detailed information sent by the Government on the measures it is taking to combat trafficking in persons bears witness to its commitment to combating this scourge, the Committee encourages the Government to pursue these efforts and requests it to continue to provide information on these issues. It would be grateful if the Government would indicate how the activities undertaken to combat human trafficking are coordinated with the action taken under the National Plan to Combat Forced Labour, and to specify the measures taken to strengthen cooperation between the institutions responsible for combating forced labour practices, particularly the labour inspectorate as well as the police and the prosecuting authorities.

Article 25. Effective and strictly applied penal sanctions. In its previous comments, the Committee observed that forced labour in Peru takes a number of forms (practices akin to slavery or debt bondage inflicted on indigenous populations, trafficking in persons, exploitation of domestic workers) and that the absence of any penal provisions that specifically suppress and punish forced labour appeared to be an obstacle to the initiation of criminal proceedings against offenders. The one exception is trafficking in persons, the constitutive elements being clearly defined in sections 153 and 153A of the Penal Code. The Committee notes with interest from the information sent by the Government that a large number of criminal actions were brought for trafficking in persons and penal sanctions were imposed on the offenders. This is not the case of other forms of forced labour, since no offenders appear to have been punished. In these circumstances, the Committee refers to the comments it made above on the need to supplement the penal legislation in order to criminalize forced labour specifically and define the offences it covers so that the police and prosecuting authorities have a basis in law for conducting proper investigations and bringing judicial actions against the perpetrators of the various forms of forced labour existent in Peru. The Committee recalls in this connection that in order to reduce forced labour, it is essential that the perpetrators of such practices be punished by sufficiently dissuasive penal sanctions, in accordance with Article 25 of the Convention. With regard to trafficking in persons, the Committee requests the Government to continue to provide information on the application in practice of sections 153 and 153A of the Penal Code.

The Committee encourages the Government to continue to avail itself of ILO technical assistance.

The Committee is raising other points in a request addressed directly to the Government.