Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Articles 3(a) and (b), and 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 child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. The Committee previously requested the Government to take immediate and effective measures to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation. The Committee also once again requested the Government to ensure that thorough investigations are conducted and robust prosecutions undertaken of persons who employ children in the worst forms of child labour and that sufficiently effective and dissuasive penalties are imposed upon them in practice.

The Committee notes with interest that, in its supplementary information, the Government refers to the adoption of Act No. 30963 of 18 June 2019 which introduces new sections in the Penal Code in order to strengthen the protection afforded to children against sexual exploitation, providing for prison sentences from 10 years to perpetuity (sections 153-H, 153-I and 153-J). It further notes the adoption of Supreme Decree No. 009-2019-MIMP of 10 April 2019 on the guidelines for the elaboration of an individual reintegration plan for victims of trafficking which provides guidance on the procedures that should be followed by the different stakeholders involved, in order to strengthen the assistance provided to victims of trafficking, including child victims. The Committee takes due note of the Government’s indication of the adoption of Act No. 30925 of 5 April 2019, which reinforces the establishment of temporary shelters for victims of trafficking in persons and sexual exploitation. It also notes the adoption of Act No. 3082 of 26 June 2018, which sets out the conditions for the entry of girls, boys and young people into shelters to guarantee their protection and safety. The Act also penalizes providers of tourist services in cases where they facilitate or permit the sexual exploitation of children in their establishments or do not report to the competent authority acts related to the sexual exploitation of children. The Committee also notes the two decisions adopted by the Ministry of Foreign Trade and Tourism: the first decision (No. 430-2018-MINCETUR) approves a code of conduct to combat the sexual exploitation of girls, boys and young people in the field of tourism, intended for providers of tourist services; the second decision (No. 299-2018-MINCETUR) concerns the content of posters to be placed in tourist establishments which shall contain information relating to sexual exploitation, as well as the legal provisions establishing criminal penalties for offences related to the sexual exploitation in the tourism sector of girls, boys and young persons.

The Committee notes the executive report of the Information Department of judicial authorities specializing in organized crime and in the crime of trafficking in persons. This report indicates that 42 per cent of the victims of trafficking are children and that exploitation through labour and sexual exploitation were the main types of trafficking between 2016 and 2019. During this period, there were 77 child victims of trafficking, aged between 0 and 5 years, 256 child victims of trafficking aged between 6 and 11 years and 1,435 child victims of trafficking aged between 12 and 17 years. The Committee also notes that, according to the information systems of the Office of the Public Prosecutor, a total of 163 complaints were registered in 2018 by the judicial authorities in the various provinces of the country concerning crimes relating to the sexual exploitation of children. In its supplementary information, the Government adds that in, 2019, the Directorate for the Investigation of Trafficking in Persons and Smuggling of Migrants of the National Police (DIRCTPTIM PNP) identified 222 child victims of trafficking (146 girls and 76 boys).

The Committee notes the action taken for the psychosocial support of victims of trafficking for sexual exploitation in emergency centres for women, within the framework of the National Programme to Combat Family and Sexual Violence of the Ministry of Women and Vulnerable Peoples. The emergency centres for women also provide support for legal procedures to facilitate access to justice, the imposition of penalties on aggressors and the compensation of victims. Between January and April 2019, a total of 23 girls under 18 years of age who were victims of sexual exploitation benefited from the emergency centres for women. The Protection Department of the General Directorate for Girls, Boys and Young People also offers immediate support for child victims of trafficking through the establishment of 17 special protection units throughout the country. The Committee notes that, in its supplementary information, the Government indicates that in 2019, the specialized teams of the special protection units provided support for 219 child victims of trafficking (167 girls and 52 boys) and, between January and May 2020, the special protection units have supported 34 child victims of trafficking (30 girls and four boys). The regions of Lima and Madre de Dios also have residential centres for girls and young persons who are victims of trafficking in persons. These centres provide individual and adapted care according to the needs of the victims and have multidisciplinary teams which take action with a view to family reintegration when that contributes to the welfare of the victim. Between January and March 2019, the centres provided support for 84 young victims of trafficking in persons. Finally, the Committee notes that the Government has trained 607 operators for the residential centres from areas with high rates of sexual exploitation, and 153 operators in referral hospitals in Lima specializing in the issue of the sexual exploitation of girls, boys and young people. The Committee notes that, in their observations, the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP), and the Single Confederation of Workers of Peru (CUT-Perú) express concern about the lack of measures implemented by the Government to ensure the social integration of child victims of trafficking and commercial sexual exploitation. While noting the efforts made by the Government to ensure that support is provided for child victims of trafficking and commercial sexual exploitation, the Committee once again requests the Government to ensure that thorough investigations and prosecutions are carried out on persons engaging in such acts and that sufficiently effective and dissuasive sanctions are imposed in practice. It once again requests the Government to provide information on the number of convictions and penalties imposed against such persons. It also requests the Government to continue to take measures to remove and provide assistance to child victims of trafficking and to continue to provide information on the number of child victims who have benefitted from such assistance.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures to prevent the engagement of children in the worst forms of child labour, to remove them from these forms of child labour and to ensure their rehabilitation and social integration. 1. Child labour in artisanal mines. The Committee previously requested the Government to intensify its efforts to protect children involved in hazardous work in mines. It also requested the Government to provide information on the measures adopted and the results achieved in the context of the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI) for the withdrawal of children under 18 years of age from hazardous work in artisanal mines and for their rehabilitation and social integration.

The Committee notes from the Government’s report the approval of the second version, of 7 May 2019, of the action protocol for the group of labour inspectors specializing in forced labour and child labour. The new version of the protocol gives priority to strengthening the capacities of inspectors in relation to the worst forms of child labour and also promotes collaboration between the National Supervisory Authority of Labour Inspection (SUNAFIL), the national police, the Offices of the Public Prosecutor and of the Attorney-General, and the Office of the Defender of the People, in accordance with their specific areas of competence. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú express concern about the lack of inspection activities carried out by the SUNAFIL in the mining and quarrying sector in order to prevent child labour.

As regards the authorization of work by young people, the Committee notes that, in its supplementary information, the Government refers to the adoption of Supreme Decree No. 18-2020-TR of 25 August 2020 which establishes the administrative procedure for prior authorization of young persons to work as employees or under a dependency relationship. Regional labour departments will have to carry out an evaluation of the activities involved and the arrangements for work by young people before granting an authorization. This evaluation will also serve as a basic register for the labour inspection activities of the SUNAFIL in relation to employers who engage young persons in work. However, the Committee notes with concern that the Government has not provided information on the protection of children engaged in hazardous work in mines. In this respect, the Committee once again requests the Government to provide information on the measures adopted and the results achieved, in the context of the implementation of the ENPETI and multisectoral action to remove children under 18 years of age from hazardous work in artisanal mines and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number and outcome of inspections carried out by the SUNAFIL in the mining and quarrying sector, including as a result of the action protocol of 2019.

2. Child domestic labour. The Committee previously requested the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such work and ensure their rehabilitation and social integration. It also once again requested the Government to provide information on the results achieved.

The Committee notes that the Government is currently engaged in reinforcing the capacity for action of labour inspection services through the new version of the action protocol for the group of labour inspectors specializing in forced labour and child labour.

The Committee also notes that, since the beginning of 2019, only one labour inspection compliance order was issued to verify compliance with the regulations on child labour in the household work sector. In its supplementary information, the Government indicates that such order resulted in the elaboration of a labour inspection report, resulting in the case being closed. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú express concern at the low number of labour inspection orders issued regarding child labour in the household work sector, and highlight that the actions of labour inspectors should focus on awareness-raising and capacity-building of all stakeholders involved. The Committee once again urges the Government to take the necessary measures to strengthen the capacity for action of the labour inspection services to prevent children engaged in domestic work from being involved in hazardous types of work, to remove them from such types of work and ensure their rehabilitation and social integration. It also requests the Government to provide information on the results achieved.

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