Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2016, and also the Government’s report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the National Strategy for the Prevention and Eradication of Child Labour (ENPETI 2012–21). It noted that pilot projects (2012–14) were implemented in the context of ENPETI. The “Carabayllo” project, established in a district to the north of the city of Lima where many children and young persons are involved in hazardous work in the informal economy, plans to cater for a total of 1,000 households and 1,500 children and young persons. The “Semilla” project, which sets out to prevent children from taking up hazardous work in agriculture and to remove them from the sector, had been introduced in three regions of the country (Junín, Pasco and Huancavelica) with a view to assisting 6,000 children, 1,000 young persons and 3,000 families.

The Committee notes the Government’s indication in its report that as a result of the “Semilla” project, a total of 1,003 children and young persons in rural areas are no longer working. The Government also indicates that under the “Carabayllo” project two reference centres have been established in the Lomas and El Progreso areas, identified as having the highest incidence of child labour in the district of Carabayllo. To date, these centres have provided educational assistance and family support for 554 children between 6 and 13 years of age. The Committee also notes the results of the 2015 National Household Survey (ENAHO), indicating that the percentage of children between 5 and 17 years of age engaging in economic activity decreased from 31.7 in 2012 to 26.4 in 2015, which amounts to 368,000 fewer children. However, the Committee notes that according to the observations of the CATP, there have been problems implementing ENPETI 2012–21 and it has not achieved the expected results in terms of eliminating child labour. The CATP has asked the Government to allow trade unions to participate in action to combat child labour. The Committee requests that the Government continue its efforts to progressively eliminate child labour in the country. It also requests that it send information on the new projects formulated in the context of ENPETI 2012–21 and on the results achieved. The Committee also requests that the Government continue providing information on the application of the Convention in practice, including recent statistics on the employment of children and young persons in general and specifically in hazardous occupations, and extracts from labour inspection reports indicating the number and nature of offences reported and the penalties imposed.

Article 2(1). Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 51(2) of the Children and Young Persons Code, permission to work may be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children between 12 and 14 years of age to undertake paid work is at the discretion of the administrative authority which seldom grants it. Given that there are no regulations governing light work but that in practice a significant number of children under 14 years of age work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years be allowed to work. The Government stated that a bill to amend the Children and Young Persons Code was being discussed by a special committee.

The Committee notes the Government’s indication that the bill is still to be adopted. Noting that the Government has been stating since 2010 that an amended Children and Young Persons Code is in the process of being adopted, the Committee expresses the firm hope that the bill will be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years may be allowed to work. It requests that the Government provide information on all progress made in this respect.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that the majority of children under the age of 14 years engaging in an economic activity worked in the informal economy. It noted the allegations of the Confederation of Workers of Colombia that no inspections had been carried out in the informal economy despite the significant number of children working in this sector. It nevertheless noted that, according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs, including in private homes.

The Committee notes the Government’s indication that the National Labour Supervisory Authority (SUNAFIL) has drawn up a “Child labour performance protocol”, which is currently before the National Committee for the Prevention and Elimination of Child Labour (CPETI) for revision with a view to adoption in the near future. The purpose of the Protocol will be to establish guidelines to be followed by labour inspectors to improve the detection of violations. However, the Government indicates that in 2015 there were 257 inspections relating to child labour and only one violation was reported. In addition, the Committee notes that the CATP has expressed concern at the lack of political will to strengthen SUNAFIL. It argues that the investigations carried out by SUNAFIL are in enterprises where there is no child labour, and that the few awareness-raising activities do not target the enterprises most affected by child labour. The Committee also notes that the CATP claims that there is no unit within SUNAFIL that specializes in child labour and that there are not enough inspectors in certain regions to truly eradicate child labour. The Committee therefore requests that the Government once again intensify its efforts to adapt and strengthen the labour inspection services so as to improve inspectors’ capacity to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in this sector enjoy the protection afforded by the Convention. It requests that the Government continue to provide information on the measures taken in this regard and on the results achieved, particularly with regard to the adoption and implementation of the “Child labour performance protocol”.

Article 3(3) of the Convention. Admission to hazardous work from the age of 16 years. The Committee previously noted that, under section 57 of the Children and Young Persons Code, night work by young persons between 15 and 18 years of age might be permitted on an exceptional basis by a judge if it did not exceed four hours per night. The Government indicated that the bill to amend the Children and Young Persons Code stipulated that an exception to the ban on night work laid down in section 57 might be authorized for young persons aged 16 years or over, on condition that the work did not exceed four hours during the period from 7 p.m. to 7 a.m.

The Committee notes the Government’s indication in its report that the new Children and Young Persons Code is still awaiting approval by Parliament to be adopted. Noting that the Government has been stating since 2010 that the new Children and Young Persons Code is in the process of being adopted, the Committee expresses the firm hope that the bill to amend the Children and Young Persons Code will be adopted at the earliest possible date so as to guarantee that only young persons aged 16 years and over may be allowed to carry out night work during the period from 7 p.m. to 7 a.m. for a limited period, in accordance with the conditions laid down in Article 3(3) of the Convention. The Committee requests that the Government provide information on any progress made in this respect.