Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations sent by the Autonomous Workers’ Confederation of Peru (CATP) on 1 September 2016.

Articles 1(1) and 2(1) of the Convention. Efforts to combat forced labour. For a number of years, the Committee has been examining the steps taken by the Government to combat the various forms of forced labour that exist in Peru (debt bondage inflicted on indigenous peoples in the logging sector, situations of forced labour in the small-scale mining sector, trafficking in persons and the exploitation of women in domestic service). The Committee previously asked the Government to take steps to reinforce the capacities of the National Committee on Combating Forced Labour (CNLCTF); to implement the various components of the Second National Plan to Combat Forced Labour (PNLCTF-II); and to expand the national legislation by adopting provisions in criminal law that specifically criminalize forced labour and define its constituent elements so as to cover all forced labour practices that exist in the country. The Committee notes the adoption on 5 February 2017 of Legislative Decree No. 1323, which strengthens action against femicide, family violence and gender-related violence. The Committee notes with satisfaction that the Decree incorporates a number of provisions into the Penal Code which criminalize forced labour practices: sections 153-B and 153-C, which define what constitutes “sexual exploitation” and “slavery and other forms of exploitation” and establish penalties of imprisonment of ten to 15 years; and section 168-B, which criminalizes “forced labour”, defining it as subjecting or obliging a person, by whatever means or against his/her will, to perform work or service, whether paid or not, and providing for imprisonment of six to 12 years.

(a) National Plan to Combat Forced Labour (PNLCTF). The Committee noted that the goal of the PNLCTF-II was the eradication of forced labour by 2017, through the fulfilment of three strategic objectives: training and awareness raising with regard to forced labour; the establishment of an integrated system to identify, protect and reintegrate victims; and the identification and reduction of vulnerability factors inherent in forced labour. The Committee asked the Government to provide information on evaluations undertaken as part of the monitoring and appraisal of the implementation of the PNLCTF-II and on the provision of the resources needed to achieve the set objectives.

The Government indicates in its report that it is unable to provide information on fulfilment of the objectives of the plan, since the various entities constituting the CNLCTF have not used the established format when providing information. The Government explains that the entities concerned will receive training in this respect. It adds that one of the priorities of the CNLCTF is to set up regional committees, particularly in areas at risk, and to draw up regional plans for combating forced labour. In this regard, the Committee notes the CATP’s concern at the fact that the lack of funding prevents the implementation of actions planned under the PNLCTF-II or the strengthening of CNLCTF capacities at both national and regional levels. The CATP also notes with regret the lack of regional committees for combating forced labour, particularly in the regions containing the areas most at risk.

The Committee trusts that the Government will be able in its next report to send full information on the implementation of the three strategic objectives of the PNLCTF-II and on any evaluation of the measures adopted in this context. It strongly encourages the Government once again to strengthen the capacities of the CNLCTF at both the national and regional levels. Recalling that it is essential to strengthen the State’s presence in regions with a marked prevalence of forced labour, the Committee hopes that it will be possible to draw up regional plans for combating forced labour that take account of the specific features of forced labour situations that may exist in the various regions of the country.

(b) Diagnosis. The Committee previously encouraged the Government to take all the necessary steps to ensure the production of a qualitative and quantitative survey to supplement the information already available on various forced labour practices, as provided for by the PNLCTF-II. In this regard, it observes that in March 2017 the Ministry of Employment and Employment Promotion (MTPE), the National Institute of Statistics and Information Technology (INEI) and the ILO signed a cooperation agreement aimed at collecting statistical information to discover the true extent of the problem of forced labour in the most “vulnerable” areas of the country. The Committee hopes that the Government will take all possible steps to ensure that such data can be collected quickly for analysis and for communication to the competent authorities so that these authorities can better target their action, make appropriate use of human and financial resources, and ensure that victims are identified.

(c) Labour inspection. The Committee previously underlined the need to take appropriate measures to ensure the proper functioning of the new Special Labour Inspection Unit for Combating Forced and Child Labour (GEIT). The Government indicates in this respect that the 15 labour inspectors who constitute this group are based in the Lima area and have the same financial and material resources as the other labour inspectors in this area. The Government provides statistics on inspections and advisory visits conducted between 2014 and 2016 in relation to forced and child labour. These data show that the GEIT inspections mainly focus on monitoring child labour. No information has been sent on the findings of these inspections, the regions targeted, or the nature of violations recorded or penalties imposed. The Government also indicates that, taking account of the results achieved, the National Labour Inspection Supervisory Authority (SUNAFIL) has begun a restructuring of the GEIT. Moreover, in April 2016, the protocol for action on forced labour drafted by SUNAFIL was adopted. This contains basic guidance to ensure coordinated and effective action by the labour inspection system in relation to the prevention and elimination of forced labour (guidelines for the preparation of interventions, indicators for identifying situations of forced labour, standard questions, etc.). Lastly, SUNAFIL is conducting different types of awareness-raising, prevention and training activities for combating forced labour at both the national and regional levels.

The Committee observes that the CATP states in its observations that SUNAFIL is faced with a lack of funding, even though the regions where forced labour is suspected are remote and dangerous and data collection and inspections are expensive. The CATP considers that the Government should therefore request the necessary budgets for inspections to be performed.

The Committee notes this information and recalls the key role of labour inspection in combating forced labour. It requests the Government to continue its efforts and take all possible steps to ensure that the GEIT has adequate human and material resources to be able to cover the whole of the national territory quickly and effectively. Bearing in mind that as a result of inspections undertaken by the GEIT, it is possible to identify and release workers in situations of forced labour and to provide the courts with documents which will serve to launch civil and criminal proceedings against the perpetrators of these practices, the Committee requests the Government to provide detailed information on the number of inspections conducted, violations reported and administrative penalties imposed.

Article 25. Application of effective penalties. The Committee previously underlined the need to supplement the criminal legislation in order to criminalize forced labour specifically and define the scope thereof so that the competent authorities have a greater capacity for conducting adequate investigations, instituting court proceedings and imposing penalties on perpetrators of the various forms of forced labour. It also emphasized the fact that, in order to reduce forced labour, it is essential that deterrent penalties are imposed on the perpetrators of such practices, in accordance with Article 25 of the Convention. The Committee welcomes the provisions, including penalties, that have been incorporated into the Penal Code. It hopes that the adoption of these provisions will be accompanied by appropriate measures to strengthen the capacity of the law enforcement authorities with a view to ensuring the detection of forced labour, the identification of victims and the provision of necessary protection. The Committee also requests the Government to provide detailed information on the measures adopted to this end and also on inquiries conducted, judicial proceedings initiated and penalties imposed on the basis of the new provisions of sections 168-B, 153-B and 153-C of the Penal Code.

The Committee trusts that the Government will continue taking all possible steps to prevent and effectively combat all forms of forced labour existing in the country. It hopes that the technical assistance of the Office – which the Government continues to receive, particularly through the Bridge Project in Peru, which aims to help strengthen national public policies for combating forced labour – will help the Government to achieve tangible progress in this respect and also to provide detailed information on the measures taken.

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