Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Peru (Ratification: 2002)

Articles 3(a), 7(2)(a) and (b) of the Convention. Sale, trafficking and commercial sexual exploitation of children; and effective and time-bound measures to prevent the engagement of children in the worst forms of labour, to remove them from these forms of labour and provide for their rehabilitation and social integration. In its previous comments, the Committee noted that the Penal Code prohibits the sale and trafficking of children for the purpose of labour exploitation or for sexual exploitation (section 153), and provides for prison sentences ranging from 12 to 25 years where the victim is under 18 years of age. It also noted that the Penal Code prohibits and penalizes incitement to prostitution, procuring and sex tourism, and provides for heavier penalties where the victim is under 18 years of age. The Committee nevertheless noted that, according to two studies produced by ILO–IPEC in 2007, entitled “The demand side of the commercial sexual exploitation of children: A qualitative study in South America (Chile, Colombia, Paraguay and Peru)” and “Unforgivable: A study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cusco, Iquitos and Lima)”, the commercial sexual exploitation of children exists particularly in the bars and nightclubs of the old city centre of Lima and in the tourist centres of Cusco, Iquitos and Cajamarca. It noted that the national police force had launched a plan of police operations to prevent and punish human trafficking, which involved the inspection of strategic locations. Following patrols carried out, children at risk were placed in shelters run by the national police force, the Ministry for Women and Social Development and the judiciary.

The Committee takes due note of the statistics contained in the Government’s report on the number of trafficked persons registered by the Public Prosecutor and the national police force. It notes from these statistics that a total of 675 alleged perpetrators were arrested in 2012 and that 37.1 per cent of these incidents were related to sexual exploitation and 14.5 per cent to forced labour. As regards 2013, the national police force has recorded 61 cases of trafficking of persons, of which six cases were for purposes of forced labour and 56 cases for purposes of sexual exploitation. The Committee, nevertheless, notes that the Government’s report does not contain statistics on the sentences handed down and penalties imposed as a result of these incidents.

Furthermore, the Committee notes the information contained in the working document of the Regional Action Plan against Human Trafficking and the Commercial Sexual Exploitation of Children and Young People in the Region of Loreto (2013–17), drafted by the regional government of Loreto in cooperation with the International Organization for Migration in September 2013. According to this document, thousands of adults and children are victims of internal trafficking for purposes of forced labour, especially for mining, agriculture and domestic labour, and indigenous persons are particularly vulnerable to commercial sexual exploitation. Many children are also used in the production and trafficking of cocaine. Furthermore, according to the information submitted by the Government in its report, young persons are also victims of sexual exploitation in the bars and discotheques located near the sites of artisanal mines in the north-east of the country.

The Committee notes that, according to the Government, one of the main objectives of the National Strategy for the Prevention and Eradication of Child Labour (2012–21) (ENPETI) is the eradication of hazardous work and the exploitation of children and young people. It also notes that one of the priorities of the Multisectoral Action Framework on Child Labour, drafted in March 2013, deals with providing care for children involved in the worst forms of labour and improvements in the living conditions of their families. The Committee takes note of the statistics provided by the Government on the number of trafficking victims registered in 2012 and 2013 by the national police force. It notes that in 2012, out of the 754 victims of these acts, 477 were less than 18 years of age and 57 per cent were aged between 13 and 17 years; and that, in 2013, 214 victims have been registered, among which 23 are under 18 years of age (15 girls and eight boys). It notes, however, that the Government’s report does not provide information on the rehabilitation measures provided for these children. The Committee urges the Government to strengthen its efforts to bring about the elimination of these worst forms of child labour in practice, by ensuring that thorough investigations are conducted and completed and that persons committing such offences are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on the number of convictions and penalties imposed against these persons in its next report. The Committee also asks the Government to take immediate and effective measures to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation and to send information on the measures taken in this respect in the context of the ENPETI.

Articles 3(d), 7(2)(a) and (b). Hazardous work and effective and time-bound measures to prevent the engagement of children in the worst forms of labour, and to remove them from these forms of labour and guarantee their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) and ILO–IPEC’s 2007 report entitled “Girls in mining”, revealing that children from the age of 5 years were working in the country’s artisanal mines, especially in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad. These children are exposed to serious injury and harm because they handle mercury when extracting the gold from the rocks and transport ore outside the mines, carrying very heavy loads of stone and rock on their backs. They are also exposed to soil and water contaminated with metals and chemicals. According to the working document of the National Plan for the Prevention and Elimination of Child Labour (2005–10), an estimated 50,000 children work in artisanal mines in Peru. The Committee took due note of the adoption of Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons and prohibiting mine work for children and young persons under 18 years of age.

The Committee notes that the elimination of work that is hazardous to children, and especially that of young persons, is among the major objectives of the ENPETI. It also notes that, according to the Government, the Multisectoral Action Framework on Child Labour involves the participation of authorities in the mining sector and provides for, under its strategic action programmes, the strengthening of the capacity of the labour inspectorate in the area of the worst forms of child labour. However, the Committee notes with concern the Government’s statement that there have been no new inspections on child labour in artisanal mines between 2012 and 2013. The Committee urges the Government to intensify its efforts to protect children involved in hazardous work in mines from this worst form of child labour, by strengthening the capacity of the labour inspectorate so as to secure the inspection of mining sites. It also requests the Government to provide statistical information on the measures taken and outcomes achieved, in the context of the implementation of the ENPETI and the Multisectoral Action Framework, in removing children under 18 years of age from hazardous work in artisanal mines and ensuring their rehabilitation and social integration.

2. Child domestic work. The Committee previously noted the ITUC’s comments that it was a common practice for parents to send their children to cities to work as domestic servants. As a rule, these children receive no pay, although the employer provides board and lodging. They work at least 12 hours a day and do not have a day’s leave. Very many children are victims of abuse and exploitation, such as insults and corporal punishment and, to a lesser extent, to sexual abuse. According to the ITUC, the number of domestic workers under the age of 18 years is estimated to be 110,000. The Committee also noted that the 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families that live in rural and urban areas found that domestic work by children is widespread in the country. The Committee noted that, according to Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving a detailed list of occupations and processes that are hazardous or harmful to the health and morals of young persons, domestic work by children and young persons under 18 years of age in the homes of others is treated as hazardous work.

The Committee notes that, according to information provided by the Government, the possibility of extending the intervention of the labour inspectorate at the home of children and young persons working as domestic servants will be discussed in the context of the implementation of the Multisectoral Action Framework on Child Labour. Furthermore, the Committee notes that the elimination of the hazardous work of children, particularly that of young persons, is among the main objectives of the ENPETI. Consequently, the Committee requests the Government to provide information on the measures taken, particularly by strengthening the capacity of the labour inspectorate, to prevent children working as domestic servants from being involved in hazardous work, to remove them from this form of work, and ensure their rehabilitation and social integration. It also asks the Government to supply information on the results obtained.

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