Texts of pending comments

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of 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-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.

Legislative developments. The Committee notes with interest the information provided by the Government on the adoption in 2020 of Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry and its Regulations (Presidential Decree No. 005-2021-MIDAGRI), and that the latter establishes the prohibition of discrimination in remuneration between men and women working in the sector, and the obligation of the employer to evaluate and group together jobs in indices of categories and duties through the application of objective criteria based on the work performed, the skills necessary for its performance and the profile of the job, in accordance with the provisions of Act No. 30709. The Committee observes that, according to the report “Peru: Gender gaps 2020: Progress towards equality for women and men”, to which the Government refers in its report, agricultural and stock-raising activities have the highest gender pay gap by occupation. The Committee requests the Government to provide information on the application in practice of the Regulations of Act No. 31110 in relation to the principle of equal remuneration for men and women for work of equal value.

Monitoring and enforcement. The Committee notes that in its report the Government: (1) reports the adoption in 2019 of the Protocol for the enforcement of the requirements in relation to remuneration set out in Act No. 30709, which prohibits discrimination in remuneration between men and women (Superintendent Decision No. 234-2019-SUNAFIL); (2) refers to the objectives of enforcement and guidance in relation to fundamental rights contained in the Annual Labour Inspection Plan for 2019 (PLAIT 2019); and (3) reports that, according to the Labour Inspection Supervisory Authority (SUNAFIL) data, in 2021 a total of 110 inspection orders were implemented in relation to discrimination at work, and particularly in relation to the subtopics of “remuneration” (90 orders and 26 fines) and “on the basis of sex or gender” (19 orders and no fines). The Committee observes that, while both subtopics are relevant, neither clearly indicates the number of cases of discrimination in remuneration between men and women (as the first refers to remuneration and the second to discrimination on grounds of sex or gender). In this regard, the Committee notes that the CGTP, CUT-Peru, CTP and CATP indicate in their observations that: (1) the information provided by the Government does not indicate either the period covered by the data on inspection orders nor the results in terms of restoring or remedying the right to equal remuneration, except for the imposition of fines, nor does it specify the annual objectives of the PAIT in relation to equal remuneration; (2) according to the Statistical Yearbooks of the Ministry of Labour and Employment Promotion (MTPE), in 2019 and 2020 a total of 272 and 294 orders, respectively, were issued concerning “discrimination in relation to remuneration” and 29 orders each year on the “implementation of the index of categories and duties”, representing 0.47 per cent of all orders issued in 2019 and 0.48 per cent of the total in 2020; and (3) most inspection operations (83 per cent in 2020) were carried out in response to complaints or external requests, and not at the initiative or according to the programme of the inspection system. The confederations also emphasize that more capacity-building is required for labour inspectors on equal remuneration, as well as tools so that they can provide guidance to employers on the implementation of the principle of the Convention. The Committee recalls the importance of appropriate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide information on: (i) the application in practice of the Protocol for the enforcement of the requirements in relation to remuneration; and (ii) the specific measures taken to provide tools and capacity-building to labour inspectors relating to the principle of equal remuneration for men and women for work of equal value, and the number of beneficiaries. In light of the nature of the statistics provided by the Government, the Committee also requests it to provide information on the number of cases identified by labour inspectors of clear and specific violations of the principle of equal remuneration for men and women, the penalties imposed and remedies granted, and any rulings on this subject by law courts or other competent bodies.

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of 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-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Gender pay gap. With reference to the statistics requested in previous comments, the Committee notes the Government’s indication in its report that the gender wage gap was 25.8 per cent in 2019 and 19.3 per cent in 2020 (the figures for 2020 have to be seen in the context of the COVID-19 pandemic). The Government also refers to a study on women in the Peruvian civil service, issued in 2021, according to which the wage gap in the public sector has been narrowed (by 12 per cent in 2019), although there remain differences, particularly due to the limited and lower access of women civil servants to the best paid jobs in the State sector. In this respect, the Committee notes that the CGTP, CUT-Peru, CTP and CATP emphasize in their observations that the causes of the pay gap include the fact that women work fewer hours than men in order to be able to care for their families, and that the majority of women workers are self-employed or unpaid family workers, or are in feminized and lower valued jobs. The confederations add that the wage gap in the public sector is still 53 per cent in some occupational groups, that the greater presence of women in occupations such as primary education and nursing barely changed between 2008 and 2016, and that the most alarming wage gaps are a result of the coexistence of three labour regimes in the public sector (the administrative services contract (CAS); the public service, and the employment scheme with the public administration).

The Committee also notes that, in reply to its request on the measures adopted to address the underlying causes of the pay gap, the Government refers to: (1) the application of the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 through the joint action of several bodies with a view to the implementation of measures on equality and non-discrimination (preparation of technical and normative documents, compliance inspections and communication campaigns); (2) the adoption in 2021 of the National Decent Work Policy, priority objective five of which includes a platform for the identification of the pay gap between men and women and the examination of complaints concerning discrimination and the failure to comply with equal remuneration regulations: and (3) the approval in 2019 of the National Gender Equality Policy, which includes an assessment of the gender pay gap, priority objective five of which is “to reduce institutional barriers to equality in public and private life”. The Committee also notes that the National Gender Equality Policy adopted in 2019 includes in item 4.3: “Strengthening the formal labour integration of women”, technical, productive and higher training for women in traditionally male-dominated and/or better paid careers (service 4.3.3) and higher technical training in non-traditional areas (construction) to increase the participation of women (service 4.3.4). The Committee further notes with regard to the preparation of assessment studies that: (1) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 includes in its indicators the preparation of six assessment studies to gather information on the situation of women and specially protected groups in the labour market; and (2) according to the Government’s report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), there were 80 public bodies in 2018 that had provided information for the assessment studies of the pay gap in the public sector envisaged by Presidential Decree No. 068-2017-PCM. The Government refers to the adoption of various measures to promote better understanding of the principle of equality, including training of those responsible for human resources in enterprises on job evaluation and on the laws and regulations on equal remuneration. It also refers to technical assistance on the framework and application of Act No. 30709 prohibiting discrimination in remuneration between men and women, as well as the assistance provided in collaboration with the ILO Regional Office to build capacity for analysis of the pay gap.

With regard to the information requested on the evaluation of plans and programmes relating to the application of the principle of the Convention, the Committee notes the Government’s indication that, through the programmes “Productive Youth” (Jóvenes Productivos) and “Onwards Peru” (Impulsa Perú), vocational skills programmes were provided in 2020 for 492 women and 544 men aged between 15 and 29 years and 552 women and 555 men were placed in the labour market. The Government adds that at the end of 2021 a study will be commenced on the impact of the National Employability Programme on the reduction of the pay gap between men and women. The Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that workers’ organizations have not been called upon to participate in any evaluations of plans and programmes relating to the principle of the Convention, and in particular that: (1) the National Decent Work Policy does not have a follow-up mechanism based on tripartite dialogue and institutionalized tripartite action; and (2) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 envisaged the establishment of a quadripartite body for its implementation and follow-up, but there has been no news on that subject. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in relation to the evaluation of labour policies and to regimes in the public sector. Noting all this information, the Committee requests the Government to take steps to reduce the gender pay gap in the public sector. It also requests the Government to provide information on the impact of the programmes and policies referred to in terms of the effective reduction of the pay gap between men and women and addressing its underlying causes, such as occupational segregation and the unequal sharing of family responsibilities, and on the challenges identified in their implementation.

Articles 1 and 3. Work of equal value and objective job evaluation. In reply to its previous comments, the Committee notes with interest the information provided by the Government on the adoption of: (1) the “Guide containing reference guidelines that can be used by the employer to evaluate jobs and determine the index of categories and duties” (Ministerial Decision No. 243-2018-TR), which includes the minimum components for a wage policy and a model index of categories and duties as a basis for assessing whether the same remuneration is paid for jobs of equal value; and (2) the “Methodological guide for objective job evaluation, without gender discrimination, and the formulation of indices of categories and duties” (Ministerial Decision No. 145-2019-TR), which covers the process of job evaluation taking into account such factors as skills and qualifications, responsibilities, effort and working conditions. The Government acknowledges, in relation to the Act on productivity and labour competitiveness and in reply to the Committee’s request in its previous comments, that the principle set out in the Convention, which provides the basis for Act No. 30709, is equal remuneration for work of equal value. The Committee also notes that the CGTP, CUT-Peru, CTP and CATP reiterate that Act No. 30709 refers to equal remuneration “for equal work” and that none of the references to the “evaluation” of jobs in its Regulations give full expression to the principle of the Convention. The confederations add that the guides cited are intended as references and are not compulsory, and that the Regulations issued under Act No. 30709 only apply to the private sector. While taking due note of the measures adopted to provide guidance for job evaluation processes, the Committee recalls the importance of ensuring that men and women have a clear legal basis for asserting the right to equal remuneration for work of equal value in relation to their employers and the competent authorities. Under these conditions, the Committee requests the Government to take the necessary measures to include in the legislation the principle of equal remuneration for men and women “for work of equal value”, as set out in the Convention. The Committee requests the Government to provide information on any measures adopted or envisaged in this regard.

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

The Committee notes the observations of the National Confederation of Private Business Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of 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), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.

Article 1 of the Convention. Discrimination on the basis of sex, colour and race. With reference to its request to evaluate the consequences of the differences of legislative treatment and of indirect discrimination in the special labour regimes (in agriculture, domestic work and micro-enterprises), the Committee notes with satisfaction that the agricultural sector is now governed by Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry (published on 31 December 2020) and its Regulations, and that section 6 of the Act prohibits discrimination and acts of violence or harassment and establishes protection measures for pregnant and nursing workers. With regard to domestic work, the Government also refers to the adoption of Act No. 31047 on women and men domestic workers (published on 17 September 2020) and its Regulations, which also prohibit any act of discrimination and establish measures to protect maternity and prevent and punish sexual harassment. The Committee notes that the CGTP, CUT-Perú, CTP and CATP indicate in their observations that: (1) the adoption of new laws on the agricultural sector and domestic work is encouraging, as they remove certain differences of legislative treatment and introduce mechanisms to combat discrimination; (2) the new regime for the agricultural sector has equalized most terms and conditions of employment, but certain differences in treatment persist which are not related to the specific characteristics of agricultural work, such as coverage by life insurance; (3) there are no tripartite evaluation mechanisms to assess whether differences of treatment are appropriate or involve structural discrimination, and the measures adopted are still inadequate to ensure the enforcement of existing standards; and (4) information is lacking on the situation of women in agriculture and stock-raising and in domestic work. The Committee also observes that the Government has not provided information on the regime governing micro- and small enterprises, and that the workers’ organizations indicate that, according to the Sectoral Strategy for Labour Formalization 2018–21 and the National Decent Employment Policy, this regime has only limited coverage and has not had a significant effect on reducing levels of informality. In this context, the Committee requests the Government to provide information on the measures adopted or to be adopted with a view to identifying and addressing any element of the special regime for micro- and small enterprises that may lead to indirect discrimination against women and indigenous peoples in access to employment and conditions of employment, which would be contrary to the principle of equality and non-discrimination in employment and occupation. The Committee also requests the Government to provide information on the application of Acts Nos 31110 and 31047 respecting the agricultural sector and irrigation, agricultural exports and agro-industry, and domestic work, respectively, including information on: (i) measures taken to provide training to labour inspectors and awareness-raising among domestic workers and workers and employers in the agricultural sector; and (ii) any cases dealt with by the labour inspection, courts or any other competent body, the sanctions imposed and the remedies granted.

Article 2. Equality of opportunity and treatment for men and women. In reply to its previous request on the measures adopted under the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21, the Committee notes the Government’s indication that the 2020 evaluation is currently being carried out and that joint and coordinated action has been undertaken by the Ministry of Labour and Employment Promotion (MTPE), the National Labour Inspection Superintendent Authority (SUNAFIL) and labour inclusion programmes in the field of equality and non-discrimination with a view to: (1) the preparation of technical documents, including two projects to promote formal and productive self-employment for women, six technical and normative documents and the report on labour statistics based on data from the National Household Survey of Living Conditions and Poverty (ENAHO) 2018, including the employed economically active population by gender updated to 2018; (2) the training of 4,358 women in vocational skills for dependent employment, as well as diverse measures regarding the certification of labour skills, employment placement, temporary employment and productive and formal self-employment targeting women and other specially protected groups, without indicating the specific number of women beneficiaries; and (3) the strengthening of capacity-building in relation to equality and non-discrimination through ten awareness-raising campaigns, as well as capacity-building for 305 persons in the civil service. The Government also refers in its report to the formulation of the National Decent Employment Policy, approved in 2021, which includes items 5.1 “implementing effective measures to combat sexual harassment at work and gender discrimination among the working population”, 5.2 “implementing incentives and normative measures with cultural relevance for the recruitment of groups suffering discrimination or vulnerable groups” and 5.4 “strengthening the skills of vulnerable groups or those in a vulnerable situation to improve their employability”. The Committee also notes the reference by the Government in the national report for the Beijing+25 Declaration and Platform for Action, 1995, to: (1) the National Gender Equality Policy, adopted in 2019, which includes in item 4.3 “strengthening the formal labour market inclusion of women”, measures for the certification of labour skills, skills training to improve employability and labour market integration, training and technical assistance in enterprise management and productivity, and financing for women heads of undertakings and enterprises; and (2) the Intergovernmental Committee for Gender Equality and Vulnerable Populations was created in 2019 to articulate and implement policies, strategies and action for the reduction of the gender gap.

The Committee notes the indications by the CGTP, CUT-Perú, CTP and CATP that: (1) the trade union confederations have not been called upon to participate in the evaluation of the Sectoral Plan; and (2), according to the 2019 data of the National Statistics and Information Technology Institute (INEI), differences in the activity rate between women and men have remained practically unchanged since 2009, the unemployment rate of women has been higher than that of men in all years and, even though the income gap has been reduced, its underlying causes have not been the target of specific public policy measures. The Committee recalls that it is essential to follow up the implementation of plans and policies in terms of their results and effectiveness, and that employers’ and workers’ organizations can play an important role in their formulation, promotion and evaluation.

The Committee requests the Government to provide detailed information on: (i) the progress made in the process of evaluating the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation, in collaboration with workers’ and employers’ organizations, and particularly their impact on the prevention of gender-based discrimination in employment and occupation and the challenges that have been identified in their implementation; and (ii) the specific measures adopted within the framework of the National Decent Employment Policy and that National Gender Equality Policy, including the number of beneficiaries of these measures disaggregated by sex.

With reference to the transition to a single employment regime in the civil service, the Committee notes the Government’s reference to the approval of Directive No. 001-2021-SERVIR-GDSRH “Orientations for the transition of a public body to the Civil Service employment regime”, and its indication that as of June 2021, a total of 506 public bodies had commenced the process of transition to the new civil service employment regime. In this regard, the Committee notes the indication by the CGTP, CUT-Perú, CTP and CATP that incorporation into the civil service employment regime lacks political support (as the process was completed between 2014 and 2020 by only seven out of a total of 3000 bodies), and that Act No. 31131 adopting provisions for the eradication of discrimination in the employment regimes of the public sector (published on 9 March 2021) is the subject of an appeal to the Constitutional Court. The confederations also reiterate that the three employment regimes can give rise to indirect cases of discrimination when women are in feminized sectors of the public sector in which the public careers regime is predominant, under which wages are low and employment conditions are precarious. The Committee trusts that the Government will take measures to guarantee progress in the transition towards a single employment regime in the civil service and requests the Government to provide full information in this regard.

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

The Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of 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-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Scope of application and grounds of discrimination. In its previous comments, the Committee noted that the list of grounds of discrimination prohibited in Act No. 30057, which does not include the criteria of colour or national extraction, is not closed or exhaustive, and it requested the Government to provide information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. The Committee notes the Government’s indication in its report that records are not kept of either inspection orders or administrative sanction procedures in relation to discrimination on grounds of national extraction or colour. The Government adds that in 2021 the ILO fundamental rights module was undertaken for inspection personnel, dealing with the subjects of equality of opportunity and non-discrimination, and that the Annual Capacity-building Programme for the Labour Inspection System for 2019 contains a module designed to promote fundamental rights, including equality and non-discrimination in employment. The Committee requests the Government to continue providing information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. It also requests the Government, with a view to ensuring legal security and effective protection against discrimination in the public sector, to consider the inclusion of colour and national extraction among the prohibited grounds of discrimination set out in Act No. 30057.

Article 1 (19 (a). Discrimination based on sex. Sexual harassment. In reply to its previous request to make efforts to prevent and address cases of sexual harassment in employment and occupation, the Committee notes the Government’s indications that: (1) the “Work without sexual harassment” service has been developed, of which the implementation is being examined through an exploratory survey, which provides guidance and support for cases of sexual harassment, and through which 508 cases of sexual harassment were submitted in 2021 and 1,389 advisory services were provided; (2) the Virtual Platform for the Registration of Cases of Sexual Harassment at Work (Decree No. 014-2019-MIMP) became operational, through which employers can register cases of sexual harassment brought to their notice in enterprises, and through which 1,158 communications were filed up to July 2021; (3) the practical guide for the prevention and punishment of sexual harassment at the workplace in the public and private sectors was published with a view to providing guidance to workers, employers and organizations on the adoption of measures to prevent, eradicate and punish sexual harassment behaviour at work; and (4) the campaign “The State without harassment” of the Civil Service Authority (SERVIR) was undertaken through which guidance and proposed measures were provided for prevention, complaints, action, investigation and punishment of sexual harassment in public bodies and the Platform for reporting complaints of sexual harassment was set up to register complaints. The Committee also notes the Government’s indication that 27 complaints of sexual harassment were made in 2019 and 60 in 2021, and that in 2021 a total of 121 inspection orders were issued and ten penalties imposed, as well as the indication by the CGTP, CUT-Peru, CTP and CATP that 65 responses resulted in a “report”, or in other words, no violations were found. The Committee requests the Government to provide information on the results achieved through the various measures adopted for the prevention and treatment of cases of sexual harassment at work, including the “Work without sexual harassment” service and the campaign “The State without harassment”, and the impact of these measures in terms of the number of cases identified, sanctions and remedies granted, as well as the main challenges encountered.

Article 1(1)(b). Other grounds. Disability. The Committee notes the emphasis placed by the Government in its report on the inclusion in Objective five of the National Decent Employment Policy of specific services for persons with disabilities (such as awareness-raising campaigns, capacity-building at work and advice and support for the implementation of reasonable adaptations in the workplace), and its indication that item 5.1 refers to the implementation of effective measures to combat discrimination on various grounds, including disability. The Committee also notes the adoption in 2019 and 2020 of guidance on the granting in the public and private sectors of reasonable adaptations for persons with disabilities at the workplace and in the recruitment process, as well as criteria for the determination of a disproportionate or undue burden. The Committee further notes that, in its report to the United Nations Committee on the Rights of Persons with Disabilities, the Government reports that the National Plan for Persons with Autism Spectrum Disorder 2018-21 places emphasis on compliance with the employment quota and the National Human Rights Plan sets goals for the reduction of unemployment for persons with disabilities (CRPD/C/PER/2-3, 14 March 2019, paragraphs 16, 17 and 167). The Committee requests the Government to provide information on the measures adopted under the respective policies to promote equality in employment and occupation for persons with disabilities, and on the application in practice of the guidance on granting of reasonable adaptations.

Articles 2 and 3. Promotion of equality of opportunity and treatment irrespective of race or colour. In reply to its request for information on the specific measures adopted to ensure and promote equality of opportunity and treatment in employment and occupation for indigenous and Afro-Peruvian men and women, the Government indicates that, under the National Development Plan for the Afro-Peruvian Population 2016-20, measures have been adopted to include an ethnic variable in 12 of the 30 surveys of the Survey Database of the National Institute of Statistics and Information Technology (INEI) and in the administrative records of Women’s Emergency Centres (CEM), as well as educational campaigns against ethnic and racial discrimination and capacity-building activities for the staff of the public administration with a view to strengthening knowledge of non-discrimination on ethnic and racial grounds. The Government adds that the National Policy for the Afro-Peruvian People 2030 is currently being formulated, and that its motivations include the high level of informality, the low level of access to and completion of higher education, the limited development of production initiatives and the persistence of discrimination in public and private areas, and that the National Decent Employment Policy includes measures to combat discrimination in the active population on grounds of ethnic or racial origin (item 5.1). With reference to specific measures in the field of labour, the Government refers to the capacity-building undertaken for Afro-Peruvian entrepreneurs in the “Onward Peru” (Impulsa Perú) programme, as well as capacity-building for self-employment and employment services within the context of the Strategic Institutional Plan of the MTPE, with 596 and 465 beneficiaries from vulnerable ethnic groups, including victims of ethnic discrimination, respectively. The Government also refers to the adoption of other measures for the promotion of equality and to punish racism and ethnic and racial discrimination in general (capacity-building for public employees dealing with cases; Bill No. 5442/2020-PE on the promotion of cultural diversity for the prevention and punishment of racism and ethnic and racial discrimination, with a view to the establishment of measures for State bodies and citizens to combat acts of discrimination; item 1.2 of the National Culture Policy 2030, relating to the development of mechanisms to address, prevent and punish racism and ethnic and racial discrimination in public and private bodies, as well as other awareness-raising campaigns, and the reformulation of the Map of the Afro-Peruvian People on the National Territory). The Committee also notes that, according to the information provided by the Government, between 2018 and 2021, the System for Dealing with Cases of Ethnic and Racial Discrimination recorded 14 cases of discrimination related to work, and that a draft Presidential Decree is being drawn up for the creation of an Ethnic and Racial Discrimination Guidance Service to strengthen investigation mechanisms and sanctions.

The Committee also notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that: (1) the information provided is not sufficiently detailed; (2) according to the 2019 data of the MTPE, there is a gap between the activity and occupation rates of the indigenous and Afro-Peruvian population in relation to the population that self-identifies as white and mixed race, and 76.7 per cent of the indigenous and Afro-Peruvian population only has basic education and is engaged in low quality jobs; (3) the labour informality rate for indigenous and Afro-Peruvian people was 82.1 per cent (compared with 65.8 per cent in the white and mixed-race population), and only 46.9 per cent of indigenous and Afro-Peruvian employees have employment contracts; and (4) according to the 2017 study on ethnic and racial discrimination, an assessment of the situation, State rules are inadequate due to the lack of training of labour inspectors and other officials. With reference to indigenous peoples, the Committee also refers to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee requests the Government to provide information on the evaluation of the National Development Plan for the Afro-Peruvian Population 2016-20, including the results achieved and the challenges identified in relation to the activity and occupation rates in the formal and informal economies of the indigenous and Afro-Peruvian population. The Committee also requests it to: (i) provide information on progress in the formulation and implementation of the National Policy for the Afro-Peruvian Population 2030; and (ii) continue providing information on the number of cases of ethnic and racial discrimination at work, and on the measures adopted to facilitate capacity-building for labour inspectors and other competent officials to deal with such cases.

Enforcement. Labour inspection. The Committee notes the information provided by the Government that in 2021 a total of 18 inspection orders were issued in relation to discrimination in access to work, with a fine imposed by a higher body. The Government also indicates that the Labour Inspection Supervisory Authority (SUNAFIL) reports 1,481 inspection activities in relation to equality and non-discrimination in employment. The Committee further notes the indications by the CGTP, CUT-Peru, CTP and CATP that the labour inspectorate is not discharging its duties, as workers are continuing to report cases of discrimination, that SUNAFIL protocols are not resulting in an improvement in effectiveness and that the information provided by the SUNAFIL does not indicate a time period for the data, or the results of inspections. The confederations also refer to the statistical yearbook, which indicates that in 2020 there were 133 inspection orders issued in relation to discrimination on grounds of disability and 133 on grounds of gender, representing 0.2 per cent of the total. The Committee requests the Government to provide information on the measures envisaged or adopted to provide the labour inspection services with the capacity and tools necessary to identify and deal with cases of discrimination in employment and occupation.

The Committee notes the observations of 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-Peru), received on 1 September 2021. The Committee requests the Government to send its comments in this regard.

Measures during the COVID-19 pandemic. The Government indicates that in the context of the COVID-19 pandemic, various measures have been adopted to make it easier to reconcile work and family life, such as paid leave, reduced working hours and temporary leave with subsequent compensation, reorganization of hours of work, and the facilitation of remote work until July 2021, with guarantees of the right to have rest periods and the right to disconnect. The Committee also notes that the workers’ organizations, in their observations, indicate that in practice the flexibility measures adopted during the COVID-19 pandemic involved an excessive extension of working time for women, either in terms of increased demand for care services or as a result of an extended working day.

Article 3 of the Convention. National policy. The Committee notes the Government’s reference in its report to the joint implementation, with other stakeholders, of the Sectoral Plan for Equality and Non-Discrimination in Employment and Occupation 2018–21, and its indication that the National Employability Programme promotes participation in services to persons with family responsibilities, with the design of vocational training and self-employment services focusing on men and women beneficiaries who are heads of households and have children, including young heads of households and young persons with children. In this regard, the Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP, indicating that the National Gender Equality Policy adopted in 2019 includes, in guideline 4.1, the implementation of a national care system with gender mainstreaming for persons in situations of dependence, but also that there is no information on the evaluation of the National Gender Equality Plan 2012–17 or of the National Family Support Plan 2016–21. With regard to the evaluation of policies, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the results achieved through the National Family Support Plan 2016–21, the National Gender Equality Plan 2012–17 and the Trabaja Perú (Peru at work) programme, and also through any other policy or programme implemented to promote the rights of workers with family responsibilities. The Committee also requests the Government to provide information on the implementation of specific measures under the National Employability Programme and the National Gender Equality Plan 2012–17 aimed at addressing the situation of workers with family responsibilities.

Article 4. Equality regarding conditions of employment. The Committee notes that, with regard to its request for information on the adoption of measures to ensure equal conditions of employment for workers with family responsibilities, the Government indicates that: (1) Act No. 31110 regulating work in agriculture and incentives for agriculture and irrigation, agri-exports and agro-industry (published on 31 December 2020) recognizes the right of pregnant women to pre- and post-natal leave, nursing (breastfeeding) breaks, protection in situations of risk and a maternity and nursing allowance in accordance with the applicable laws and regulations; (2) in line with the objective of the National Competitiveness and Productivity Plan 2019 to enable the organization of part-time work calculated on the basis of weekly working hours, a normative proposal is being prepared to enable the conclusion of contracts more in line with workers’ needs; and (3) according to the study entitled “Women in the Peruvian civil service 2020”, which analyses public sector workers’ access to nursing (breastfeeding) areas, there was a 5 per cent increase in the number of nursing areas in 2019. The Committee also notes the information referred to by the Government in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report),on: (1) follow-up and monitoring of the implementation and functioning of institutional nursing areas via the National Gender Equality Policy 2019 (guideline 4.3); (2) according to data provided by 29 entities, in 2018 maternity leave was granted to 3,662 women and paternity leave to 2,708 men, and 1,552 nursing areas were established in the public and private sectors. The above-mentioned report also refers to the adoption of Act No. 30807, which increases paternity leave to 10 days per year, to 20 days for premature or multiple births, and to 30 days for a birth with a terminal congenital illness or severe disability and where there are serious complications for the mother’s health; and to the adoption of Legislative Decree No. 1405, which establishes that employees can take up to seven days of their vacation entitlement in split periods of at least half a day in order to reconcile employment with personal and family life. The Committee requests the Government to provide information on the number of workers who have availed themselves of maternity or paternity leave, and also on flexible or part-time working arrangements for dealing with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes that the Government does not provide any information on the availability of public care and assistance services in urban and rural areas, or on the implementation of the Cuna Más National Programme or of any other relevant measure. The Committee notes according to the Beijing+25 national report: (1) 60,695 women benefited from the day-care service for children under 3 years of age provided by the Cuna Más Programme and in 2018 a total of 3,407 day-care centres or homes were established through the programme; and (2) in the context of care services for adults in situations of economic and social neglect or vulnerability, there are 32 accredited centres covering 1,364 persons. The Committee once again requests the Government to provide up-to-date information on the availability of public care and assistance services in urban and rural areas, and also on the implementation of the Cuna Más National Programme and on any other relevant childcare or family assistance measures.

Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers, and of the problems of workers with family responsibilities. The Committee notes that the Government, in relation to legislative initiatives on part-time work and telework, carried out activities to promote dialogues and exchanges of practices and experiences relating to promotion of the work-life balance. The Committee also notes that according to the Beijing+25 national report, priority objective No. 6 of the National Gender Equality Policy 2019 (“to reduce the impact of discriminatory socio-cultural patterns on the population”) establishes guideline 6.3 on support and counselling for families with regard to sharing care responsibilities. The Committee requests the Government to provide information on awareness-raising and information measures to promote better understanding of the problems faced by workers with family responsibilities, including those implemented under the National Gender Equality Policy 2019.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that Act No. 30709 prohibiting gender pay discrimination prohibits dismissal and non-renewal of contracts on grounds related to pregnancy and nursing (breastfeeding), and that Act No. 31110 prohibits the dismissal of women workers on grounds of pregnancy or nursing. The Government also states that in 2021 there were 1,580 inspection orders relating to verification of arbitrary dismissals and penalties were imposed in four cases. With regard to the Committee’s request for information on the application of the Labour Productivity and Competitiveness Act, the Government indicates that, on the subject of non-compliance with socio-labour regulations concerning working mothers during pregnancy and nursing, in 2021 there were 187 inspection orders and penalties were imposed in five cases. The Committee requests the Government to provide detailed information on any cases of dismissal involving workers with family responsibilities, including on grounds of pregnancy or nursing, which have been identified by the labour inspectorate and on any ruling handed down by the courts, as well as penalties imposed and compensation awarded.

Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government refers to the organization of training activities, workshops, forums and videoconferences relating to the work-life balance but that it does not indicate whether these activities were carried out in collaboration with employers’ and workers’ organizations, or whether members of these organizations were able to benefit from such measures. The Committee is bound to reiterate its request to the Government to collaborate with employers’ and workers’ organizations in the formulation and implementation of measures designed to give effect to the provisions of the Convention, and to provide information in this regard.

The Committee notes the observations of the General Confederation of Workers of Peru (CGTP), received in 2018; the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2018 and 2019; and the observations of the International Organisation of Employers (IOE), received in 2019. The Committee notes the Government’s replies to these observations. Lastly, the Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 10 September 2021. The Committee requests the Government to send its comments in respect of the observations of the CONFIEP.

Article 1 of the Convention. Peoples covered by the Convention. In its previous comments, the Committee noted the functioning of the official Database of Indigenous or Native Peoples (BDPI) and also the implementation in 2017 of the third indigenous census, which included the criterion of ethnic self-identification, and requested the Government to communicate the results thereof. In this regard, the Committee notes the Government’s indication that a result of the 2017 census was that 22.3 per cent of the population self-identified as Quechua, 2.4 per cent as Aymara, 0.9 per cent as native or indigenous from Amazonia, and 0.2 per cent as belonging to, or part of, another indigenous or native people. It also notes the detailed information sent in 2018 on the functioning of the BDPI and its data on indigenous or native peoples and the Government’s emphasis on the fact that the BDPI does not form the basis for the establishment of any rights and does not constitute a register. If one or more localities do not appear in the BDPI, but fulfil the established criteria for identification, their rights should be guaranteed. The Committee reiterates the importance of having reliable statistical data on the peoples covered by the Convention as a tool for efficiently defining and directing public policies. In this regard, the Committee encourages the Government to continue taking measures to ensure that the BDPI continues to update and produce socio-demographic, statistical and geographical information on indigenous peoples and requests it to continue providing information in this respect.

Articles 2 and 33. Coordinated and systematic action. In its previous comments, the Committee noted the setting up of the Working Group for Indigenous Policies (GTPI) at the Vice-Ministry for Intercultural Affairs, involving the participation of seven organizations representing indigenous peoples, and requested the Government to continue ensuring the participation of indigenous peoples in the design, implementation and evaluation of national indigenous policy. The Committee notes the detailed information provided by the Government on the dialogue forums which have taken place with indigenous peoples, coordinated by the Ministry of Culture, on topics such as health, education, productive projects, land titling and comprehensive development. It also notes with interest that within the GTPI a number of public management instruments and normative proposals for incorporating an intercultural approach have been revised. The Government indicates that, with respect to the legitimate claim of indigenous organizations to create and strengthen an institutional forum, the Standing Multisectoral Committee has been created (Supreme Decree No. 005-2021-MC), tasked with proposing, monitoring and inspecting the implementation of strategic measures and actions for the comprehensive development of indigenous or native peoples. The chief objective of the Multisectoral Committee is to strengthen the dialogue between the executive authority and seven indigenous organizations with national scope, involving five technical working groups which receive specific demands from the indigenous peoples at the regional and local level in the areas of health, economic development, education, women’s rights and territorial security. Lastly, the Committee notes the Government’s indication that, by means of Supreme Decree No. 10-2021-MC, the “Guidelines for the creation of services with cultural relevance through the incorporation of the ethnic variable in public entities” were adopted, which are binding for all entities in the public administration. The Committee welcomes the measures adopted by the Government to strengthen dialogue and promote the participation of indigenous peoples in the formulation of policies and plans for the realization of their rights and requests the Government to continue providing information on the activities of the GTPI. The Committee also requests the Government to provide information on the work of the Multisectoral Committee, including information on the follow-up given to specific demands made by the indigenous peoples.

Articles 3 and 12. Human rights. Legal proceedings. Indigenous women. The Committee notes the detailed information on the situation of the rights of indigenous women in Peru, provided by the Government, contained in the report entitled “Situation of the rights of indigenous women in Peru” prepared by the Ombudsman’s Office in 2019. According to the report, in 2017 a total of 18,376 indigenous women did not have a national identity document, over half a million indigenous women (in particular from the Asháninka indigenous people) could not read or write, and 73 per cent of indigenous women of working age did not have a paid job. The report also indicates that 70 per cent of Quechua women have been victims of domestic violence. The Committee requests the Government to provide detailed information on the measures taken to bridge the gaps faced by indigenous women in the exercise of their rights referred to in the 2017 report of the Ombudsman’s Office. The Committee also requests the Government to provide information on the measures taken to ensure that indigenous women have access to information on their rights and also to effective legal remedies to ensure respect for their rights and obtain compensation where such rights have been violated.

Article 15. Consultation and participation in benefits. 1. Oil exploitation in plot 192. The Committee notes the detailed information provided by the Government with regard to the consultation process concerning oil plot 192 located in the Pastaza, Corrientes and Tigre river basins. It notes that as a result of the agreements reached in that process, the Plot 192 Social Fund was set up, which benefits 25 communities of the Achuar, Quechua and Kichwa indigenous peoples located in the area impacted by the plot. The fund is managed by the above-mentioned communities and supports the implementation of development and environmental monitoring projects. The Government indicates that the fund has enabled, inter alia, the construction of bridges, communal facilities and projects for improving production. The Committee notes the CATP’s indication, in its 2018 observations, that the consultation process undertaken with respect to plot 192 resulted in agreements with only one group of the organizations consulted. In reply, the Government indicates that the promoting body held dialogues with representatives of the Kichwa, Quechua and Achuar peoples of the Tigre, Pastaza and Corrientes river basins, which were in the area impacted by plot 192, and that certificates of consultation were signed with the peoples of the upper Pastaza river basin and the Kichwa people of the Tigre river basin. The Government also indicates that the communities which did not sign the certificates of consultation will also benefit from the agreements. The Committee requests the Government to continue providing detailed information on compliance with the agreements reached with the communities located within the area impacted by plot 192.

2. Consultations regarding the Pakitzapango and Tambo hydroelectric power plant projects on lands traditionally occupied by Asháninka communities. In its previous comments, the Committee noted that, in the context of the representation examined in 2016, the tripartite committee emphasized the need to involve the Asháninka communities as early as possible in the decision-making processes regarding the Pakitzapango and Tambo hydroelectric power plant projects (GB.327/INS/5/3). The Committee once again requests the Government to provide information on the measures taken in this respect.

Article 18. Protection of indigenous peoples in situations of isolation. In its previous comments, the Committee requested the Government to continue providing information on the measures taken to protect indigenous peoples in situations of isolation or initial contact (PIACI). The Committee notes the Government’s reference to the adoption of Legislative Decree No. 1374 of 2018 establishing the system of penalties for non-compliance with the provisions of Act No. 28736 for the protection of indigenous or native peoples in situations of isolation or initial contact. This Decree empowers the Ministry of Culture to supervise compliance with the legislation relating to the PIACI through acts and procedures involving investigation, supervision, monitoring or inspection, and to impose administrative penalties for non-compliance. The Committee notes the surveillance activities undertaken in relation to the land, rivers and air in the reserves inhabited by the PIACI. Between 2018 and 2021, a total of 189 monitoring operations in the reserves and 1,821 patrols in reserve access areas were carried out. The Committee requests the Government to continue providing information on the inspection activities carried out by the Ministry of Culture in the areas inhabited by the PIACI and also on the penalties imposed for non-compliance with Act No. 28736.

Article 20(3)(c). Protection against all forms of debt bondage. The Committee notes the CATP’s claim that the inhabitants of the indigenous communities of the Peruvian Amazon, particularly in the Ucayali region, continue to be victims of the forced labour practice known as habilitación (advances), associated with illegal logging, whereby wood purchasers from outside the community provide indigenous workers with goods needed for their subsistence and work and thereby establish debts which the workers must pay off with wood. The CATP indicates that, despite the measures adopted by the Government to combat forced labour, nobody has been convicted for creating, participating in or benefiting from the habilitación scheme in the forests of Ucayali. The Committee refers to its comments on the Forced Labour Convention, 1930 (No. 29), and requests the Government to provide detailed information on the specific measures taken to prevent, investigate and penalize the practice of habilitación, of which the indigenous communities of the Peruvian Amazon continue to be victims.

Article 25. Health. 1. Measures to tackle the COVID-19 pandemic. The Committee notes the Government’s detailed information on the actions taken to tackle the COVID-19 pandemic in indigenous communities. In particular, it notes: (1) the adoption of Supreme Decree No. 0010-2020-MC approving the guidelines for the implementation of the alert strategy for the identification of suspected cases of COVID-19 among indigenous or native peoples and the Afro-Peruvian people, and for follow-up and monitoring during the medical treatment of cases, in the context of the health emergency declared on account of COVID-19; (2) the guidelines cover the need to coordinate the management of early alerts for cases of COVID-19 with the decentralized directorates of culture and national, regional and local indigenous organizations; (3) a team of 33 intercultural alert managers, both women and men, is deployed in the departments of Amazonas, Apurímac, Ayacucho, Cusco, Huánuco, Junín, Lima, Pasco, Puno, Loreto, Madre de Dios, San Martín and Ucayali, whose duties include monitoring the process of care and treatment of cases, in order to help reduce the health impact in the event of community transmission; and (4) communication and prevention campaigns have been conducted in various original languages of the indigenous peoples. The Committee welcomes the actions taken by the Government and encourages it to continue taking measures, with cultural relevance, to tackle the COVID-19 pandemic and its consequences among indigenous populations, with the participation of the peoples concerned. The Committee requests the Government to continue providing information on the measures taken and their results.

2. Impact of oil and mining operations on the health of indigenous peoples of the Amazon. The Committee notes the Government’s reference to the report of the Ombudsman’s Office on the health of indigenous peoples of the Amazon and oil exploitation in plots 192 and 8, published in 2018. In this report the Ombudsman’s Office concluded that the population in the area impacted by plots 192 and 8 with operations in the Pastaza, Tigre, Corrientes, Marañón and Chambira river basins was in a situation of risk because of exposure to heavy metals, which was getting worse because of constant oil spills and the postponement of action to repair the environment. With regard to the action taken in the wake of the mine tailing spills into the rivers of the department of Huancavelica in June 2010, the Government indicates that in 2010 the Ministry of the Environment declared an environmental emergency in the affected area, which made it possible to undertake immediate action to restore the quality of the environment and living conditions in the affected area. The Environmental Assessment and Inspection Agency (OEFA) also undertook surveillance and inspection activities with respect to the company responsible for the environmental damage, and penalties were imposed on the company.

The Committee requests the Government to indicate the measures taken to prevent and remedy the impact of oil operations on the health of the indigenous peoples located in the area impacted by these operations. The Committee also requests the Government to provide information on the measures taken to repair the environmental damage caused in indigenous communities by tailing spills in the rivers of the department of Huancavelica.

Articles 26 and 31. Education and communication measures. In its previous comments, the Committee requested the Government to provide information on the implementation of the National Plan for Bilingual Intercultural Education (PNEIB), the goal of which is to guarantee access for the indigenous population to educational establishments in keeping with their cultural origins. The Committee notes the CGTP’s indication in its observations that, according to figures for 2016 from the National Institute of Statistics and Information Technology (INEI), 31.6 per cent of indigenous young persons in rural areas between 12 and 16 years of age are lagging behind in secondary education and only 27 per cent of indigenous women aged 15 years who live in rural areas reach secondary level, compared with 43.8 per cent of their male peers. The CGTP also indicates that although the PNEIB was approved after prior national consultation, its implementation is slow because of budget deficits. In view of the fact that the Government does not provide any information on the implementation of the PNEIB, the Committee once again requests the Government to provide information on the measures taken to achieve the objectives of the PNEIB and the results achieved. The Committee also requests the Government to provide, as far as possible, updated statistical information on the school enrolment and retention rates for boys, girls and young persons, at both primary and secondary levels, in rural areas inhabited by indigenous peoples.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee notes the observations of the General Confederation of Workers of Peru (CGTP), received in 2018; the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2018 and 2019; and the observations of the International Organisation of Employers (IOE), received in 2019. The Committee notes the Government’s reply to these observations. Lastly, the Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 10 September 2021, and requests the Government to send its comments in this regard.

Article 3 of the Convention. Human rights. 1. Events in Alto Tamaya–Saweto. In its previous comments, the Committee deplored the murders of four indigenous trade union leaders (Edwin Chota Valera, Jorge Ríos Pérez, Leoncio Quinticima Meléndez and Francisco Pinedo) of the Asháninka indigenous community of Alto Tamaya–Saweto after reporting illegal logging in their community, events that were examined in 2016 in the report of the tripartite committee set up in the context of a representation made in 2014 alleging violation of the Convention (GB.327/INS/5/3). The Committee urged the Government to continue taking all necessary measures to determine responsibilities and punish the perpetrators of the murders, and also to investigate the reports of acts of violence and illegal logging in the above-mentioned community.

The Committee notes that the CATP states in its observations that despite the judicial proceedings instituted against the suspected perpetrators of the murders, those with primary responsibility for the crimes are still at liberty and have not been punished, also pointing out that some authorities have contributed to procedural delays in the investigations and that there are other persons who were involved in the murders who have still not been charged. The Committee also notes that, according to the CATP, it was determined in the investigations that the main motive for the crime was illegal logging within the habilitación (advances) system which involves forced labour practices. The Committee notes that the Government attaches to its report copies of the reports of the Public Prosecutor’s Office and the judiciary in relation to the status of the criminal proceedings against the suspected perpetrators of the murders of the indigenous trade union leaders from Alto Tamaya–Saweto which occurred in 2014. It observes that, according to the 2019 report of the High Court of Justice of Ucayali, criminal proceedings had been instituted for aggravated premeditated homicide against five suspected perpetrators of the murders; these proceedings were at an intermediate stage, with the corresponding indictment due to be issued soon. Moreover, the 2019 report of the Public Prosecutor’s Office indicated that not all the perpetrators of the murders had been identified but that the prosecution service was continuing investigations in order to establish the facts. The Committee notes that, in June 2021, the oral hearing took place, in which the Special Transitional Court for Annulment of Ownership within the High Court of Ucayali issued a trial order against five suspected perpetrators of the murders (the oral hearing is available on the official channel of the judiciary). At the hearing, the judge stated that so far no order for pre-trial detention or any other interim measure has been issued against any of the accused. Recalling the seriousness of the acts committed seven years ago and the importance of preventing a climate of impunity which can affect indigenous and tribal peoples, the Committee strongly urges the Government to continue taking all necessary measures to ensure that the competent authorities proceed without delay with completing the investigations under way to enable the prosecution and conviction of the instigators and perpetrators of the murders of the trade union leaders of the Alto Tamaya–Saweto community in 2014. The Committee also requests the Government to provide information on progress made in the investigations relating to the reports of acts of violence in the context of illegal logging in the above-mentioned community.

2. Allegations of criminalization of social protest. The Committee previously emphasized the need to guarantee that indigenous peoples can fully exercise, in freedom and security, the rights established by the Convention and to ensure that no force or coercion is used in violation of their human rights and fundamental freedoms. The Committee observes that the CATP and CGTP refer to the criminalization of social protest and to acts of violence against indigenous defenders, both women and men, some of whom have been prosecuted by the criminal and administrative justice system in the context of socio-environmental protests. In particular, the CATP refers to a climate of violence affecting the indigenous communities of the Amazon region of Ucayali, in the context of their territorial demands. The Committee also notes that CONFIEP: (i) expresses its utmost concern at the threats to which indigenous peoples are subjected in the context of defending their territories and the environment; (ii) highlights the establishment in 2021 of the intersectoral mechanism for the protection of human rights defenders (Supreme Decree No. 004-2021-JUS), which seeks to prevent situations of risk arising as a result of their activities and to ensure their protection and access to justice; and (iii) adds that it hopes that this measure will contribute towards eradicating activities which are having a serious impact on the environment and safety of indigenous peoples.

While welcoming the adoption of the above-mentioned mechanism, the Committee observes that the social partners in the country express concern at the perpetration of acts of violence against the representatives of indigenous peoples who exercise the right to protest. The Committee recalls the importance of governments taking measures to prevent and investigate acts of violence suffered by indigenous peoples and their representatives in the context of peaceful action to defend their rights. The Committee therefore expects that the intersectoral mechanism for the protection of human rights defenders will prove effective in ensuring respect for the life, physical safety and psychological well-being of indigenous leaders, both women and men, and in creating a climate of trust, free of threats, so that they can defend their peoples’ rights, including through their right to protest without having recourse to violence. The Committee requests the Government to provide information on the activities of the intersectoral mechanism in question, and on any other additional measures adopted or envisaged in this regard.

Article 6. Consultation. The Committee notes that, in reply to its request for measures to be taken to strengthen the capacities of officials responsible for implementing consultation processes and to ensure that the peoples concerned can participate fully in those processes, the Government indicates: (1) the number of consultation processes carried out at the national level, including the number of agreements reached; (2) that the Vice-Ministry of Intercultural Affairs, through the Directorate for Prior Consultation, has coordinated training and support activities in the consultation processes; (3) that a total of 837 prior consultation agreements had been processed by 2021 by the Technical Secretariat of the Standing Multisectoral Committee for the Application of the Right to Consultation and 57 per cent of all these agreements had been finalized; (4) that one of the measures one which consultations were held was the draft Framework Act on Climate Change, as a result of which it was agreed to set up an indigenous climate platform as a forum in which indigenous peoples will be able to coordinate, exchange, manage and follow up proposals for action with regard to climate change; and (5) that between 2019 and June 2021 a total of 4,009 public officials and 9,290 members of indigenous peoples received technical assistance from the Directorate for Prior Consultation at the Ministry of Culture, and that 2,746 persons (public officials and members of indigenous peoples) were trained in the right and process of prior consultation by means of 94 workshops, both face-to-face and online.

The Committee notes with interest the ongoing progress in the implementation of consultation processes with indigenous peoples and also training activities on consultation. The Committee encourages the Government to continue its efforts to create the appropriate conditions to enable indigenous peoples to participate fully in consultation processes and affect the final outcome thereof, and to enable agreements to be reached on the proposed measures. The Committee requests the Government to continue providing information on the consultation processes that have been carried out, on the agreements reached and on compliance with them.

Articles 6 and 15. Consultation. Mining projects. With regard to its request for information on established procedures to enable proper identification of indigenous peoples whose interests might be affected by mining concessions and the consultations held with the peoples concerned, the Committee notes the Government’s indication that a total of 15 consultation processes have been carried out in relation to mining projects (13 on resolutions which authorize exploration activities and two on exploitation activities) and that dialogue forums have been set up with indigenous or native peoples in the context of the Standing Multisectoral Committee on Combating Illegal and Informal Mining. The Government also refers to the setting up of the Energy and Mining Sector Executive Committee for the Productive Development of the Country by means of Ministerial Resolution No. 326-2018-EF/10, comprising several ministries and representatives of the private sector, for the purpose of identifying, promoting and proposing actions for the sustainable development of the mining, hydrocarbon and energy sectors. The above-mentioned committee referred to the need to have updated, reliable information on the existence of locations of indigenous or native peoples in the area impacted by mining projects of importance for the economic and productive development of the country. On that basis, the Ministry of Culture carried out the identification of indigenous or native peoples connected with 23 mining projects deemed to have priority status. As a result, six locations of indigenous or native peoples which had not yet been incorporated into the official Database of Indigenous or Native Peoples (BDPI) and 90 locations already incorporated in the BDPI were identified.

The Committee notes the general claim by the CATP that, in the consultations with the indigenous peoples regarding mining activities, no justification was made of the measures concerned, there was no determination of their impact and nor was any specific information on the projects in question provided in the measures, resulting in agreements of a fairly general nature which do not protect the rights of the peoples concerned. In this regard, the Government indicates that the Environmental Assessment and Inspection Agency (OEFA) carries out actions to open channels of communication with indigenous communities inhabiting the area impacted by a project subject to monitoring, promoting their participation in early environmental assessments and environmental monitoring actions. The Committee requests the Government to provide information on any action taken in addition to the tasks performed by the Standing Multisectoral Committee on Combating Illegal and Informal Mining and by the Energy and Mining Sector Executive Committee for the Productive Development of the Country aimed at ensuring that the peoples inhabiting the areas where it is planned to undertake mining exploration or exploitation activities are identified and consulted in order to determine to what extent their interests might be prejudiced. The Committee also requests the Government: (i) to continue providing information on the number of consultations held with representatives of the indigenous peoples concerned with regard to mining exploration or exploitation projects and the results thereof; and (ii) to ensure that the indigenous peoples consulted have the relevant information and are able to understand it fully so that full dialogue is achieved between the parties.

Article 14. Land. National policy on titling. The Committee observes that the CATP and CGTP once again refer to the lack of public policy with regard to land titling, the inadequacy and lack of coordination of institutions responsible for the regularization of the lands of campesino (peasant-farming) and native communities, and the lack of legal protection of these communities with regard to the occupation and dispossession of their traditional lands by third parties. In this regard, the Committee notes the Government’s indication that procedures for the recognition and titling of communities are the responsibility of regional governments, being the Ministry of Agriculture and Irrigation the lead agency for legal and physical regularization and formalization. Moreover, the Government indicates that four indigenous reserves have been officially delimited for indigenous peoples in situations of isolation or initial contact (PIACI) in the regions of Cusco, Madre de Dios, Ucayali and Loreto, with a total area of 3,967,341.56 hectares. However, the Committee once again notes the lack of detailed information on the status of land titling requests submitted by indigenous peoples who are not in a situation of isolation or initial contact. The Committee also notes that Departmental Report No. 002-2018-AMASPPI PPI, prepared by the Ombudsman’s Office and referred to by the Government in its report, indicates that no significant progress has been recorded with regard to the physical and legal regularization of communal land or the recognition and titling of native and campesino communities because of the lack of budgets and staff allocated to regional governments for this task and because of the existence of disputes in areas awaiting recognition. In this regard, the Committee emphasized in its 2018 general observation that the recognition of traditional occupation as the source of ownership and possession rights is the cornerstone on which the land rights system established by the Convention is based. The Committee therefore urges the Government to take the necessary measures to implement the processes of identification, demarcation and regularization of the lands traditionally occupied by the peoples covered by the Convention in the different regions of the country, and once again requests the Government to send detailed information on titling processes which have been concluded or are in progress, disaggregated by regions as far as possible. The Committee also requests the Government to provide information on existing mechanisms for settling any land disputes which arise between indigenous peoples and third parties, indicating, if possible, examples of disputes which have been resolved through these mechanisms.

Titling of Shawi community lands. The Committee once again requests the Government to provide detailed information on the manner in which the Shawi communities have been afforded effective protection of their rights of ownership and possession with respect to the plot referred to in the 2016 tripartite committee report.

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

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the information provided by the Government in its 2019 report as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020).

The Committee also notes the joint observations of 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) transmitted by the Government with its supplementary information.

Articles 1(1) and 2(1) of the Convention. Efforts to combat forced labour. (a) National Plan to combat forced labour (PNLCTF). The Committee previously noted the lack of information provided by the Government on the implementation of the three strategic objectives of the Second National Plan to combat forced labour for 2013–2017 (PNLCTF-II), as well as the observations made by the CATP that the lack of funding had prevented the implementation of actions planned under the PNLCTF II or the strengthening of the capacities of the National Committee on Combating Forced Labour (CNLCTF) at both national and regional levels, particularly in the regions containing the areas most at risk. The Committee requested the Government to provide full information on any evaluation made on the implementation of the PNLCTF-II as well as on the measures taken to strengthen the capacities of the CNLCTF, while hoping that it would 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. The Committee notes the Government’s statement, in its report, that according to the evaluation made in 2018 by the CNLCTF, with the assistance of the ILO, it was highlighted that the design of the PNLCTF-II, and more particularly the lack of basis values or targets expressed in absolute terms, did not enable any assessment of its results and effectiveness and that involved institutions only reported partly on what had been done. The Government adds however that the implementation of the PNLCTF-II resulted in better knowledge of forced labour, in particular in the Ucayali and Madre de Dios regions where two case studies were conducted with the assistance of the ILO. Moreover, in 2018 several workshops to formulate regional plans to combat trafficking in persons while incorporating actions against forced labour were organized in the Cusco, Loreto, Amazonas, Tumbes and Ica regions. The Committee takes due note of the adoption of the PNLCTF-III for 2019–2021 (Supreme Decree No. 015-2019-TR of 18 September 2019) which sets two specific objectives, namely: (i) to develop an adequate capacity of government institutions to prevent and eliminate forced labour, in particular through specific actions aimed at preventing and detecting forced labour cases, providing assistance to victims of trafficking, sanctioning those perpetrators and restoring victims’ rights; and (ii) to reduce public tolerance towards forced labour through capacity-building and awareness-raising activities, in particular among civil servants. The Committee notes that in their joint observations the CATP, CTP, CGTP and CUT-Perú emphasize that the implementation of the PNLCTF-III requires the allocation of adequate resources for the institutions that are part of the CNLCTF. Welcoming the adoption of the PNLCTF-III and noting that it explicitly provides for the development of a monitoring system and annual evaluation reports, the Committee requests the Government to provide information on the implementation of the two strategic objectives of the PNLCTF-III and on any evaluation undertaken on the measures taken within this framework. It once again requests the Government to provide information on any measures taken to strengthen the capacities of the CNLCTF at both national and regional levels, as well as on the content and impact of any regional plans for combating forced labour implemented in the various regions of the country, in particular in those containing the areas most at risk.

(b) Diagnosis. The Committee previously noted 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 and hoped that such data could be collected quickly. The Committee notes the Government’s indication that, in the framework of this cooperation agreement, the INEI will conduct a survey on the prevalence of forced labour in the Cusco region, with the assistance of the ILO, which will provide quantitative statistical information and improve governmental policies and actions. In its supplementary information, the Government indicates that technical meetings were organized, a questionnaire was prepared and pilot testing was carried out in that respect, at the end of 2019. The Government indicates however that as a result of the COVID-19 pandemic these actions have currently been suspended. The Committee notes that, in their joint observations, the CATP, CTP, CGTP and CUT-Perú encourage the Government to conduct the survey in order to generate reliable data to contribute to the improvements of public policy interventions in the different economic sectors. Moreover, the Committee notes that, while the Bridge Project in Peru, which provided ILO technical assistance, ended on 19 October 2019, the ILO plans to continue supporting the Government as well as employers’ and workers’ organizations in the implementation of the PNLCTF-III, including by conducting the first labour force survey in 2020–21. The Committee trusts that the Government will make every effort to ensure that in the near future quantitative and qualitative data on forced labour is collected, analysed and communicated to the competent authorities to enable better targeting of their actions, appropriate use of human and financial resources and identification of victims of forced labour. It hopes more particularly that the technical assistance of the Office will help the Government to achieve tangible progress in this respect and requests the Government to provide information on the results of any statistical information collected on forced labour, as well as any measures adopted as a result.

(c) Labour inspection. The Committee previously noted that the National Labour Inspection Supervisory Authority (SUNAFIL) had begun a restructuring of the Special Labour Inspection Unit for Combating Forced and Child Labour (GEIT) set up in 2008 in order to strengthen its efficiency and that, in April 2016, the protocol for action on forced labour drafted by SUNAFIL, containing basic guidance to ensure coordinated and effective action by the labour inspection system in relation to the prevention and elimination of forced labour, was adopted. Noting the CATP’s observations on the lack of funding faced by the SUNAFIL, the Committee requested the Government to strengthen its efforts to ensure that the GEIT had adequate human and material resources to cover the whole of the national territory quickly and effectively. The Committee takes note of the adoption of Resolution No. 05-2018-SUNAFIL of 10 January 2018 which: (i) establishes a new specialized inspection group to combat forced labour and child labour (GEIT-TFI) which will consist of at least ten inspectors (supervisor, labour inspectors and auxiliary inspectors); and (ii) approves Protocol No. 001-2018- SUNAFIL /INII concerning the actions to be undertaken by the GEIT-TFI, a second version of which was adopted by Resolution No. 152-2019-SUNAFIL of 7 May 2019. According to the protocol for action, the GEIT-TFI is responsible for conducting inspections to monitor and provide guidance on forced labour and child labour; generating information; promoting intergovernmental and multi-sectorial collaboration; participating in training and internship; and suggesting improvements regarding the functioning of SUNAFIL. The Committee also notes that the Protocol for action on forced labour was adopted by Resolution No. 217 2019-SUNAFIL of 9 July 2019 with a view to collecting and using information that will enable the identification of economic sectors or regions in which forced labour exists and ensure the dissemination of information, awareness-raising activities on the protection of fundamental rights at work, as well as capacity-building of the staff of the labour inspectorate on forced labour issues. It notes that the protocol provides for administrative fines to be imposed in case of forced labour situations (paragraph 14.2 of the Protocol). The Committee further notes that the PNCLTF-III provides for specific actions to train inspectors in detecting forced labour situations as well as in order to ensure that a sufficient number of professionals are specialized on this issue and that sufficient equipment, material and logistical resources are made available so that they can carry out their inspection functions more effectively. The Committee notes that, in its supplementary information, the Government indicates that 174 inspection orders on forced labour were issued, 29 infractions were detected and ten penalties in the form of fines were imposed through decisions under administrative disciplinary proceedings. The Committee requests the Government to continue to take measures to strengthen the institutional capacity of SUNAFIL, and more particularly the GEIT-TFI, including by ensuring adequate human and material resources to cover the whole of the national territory quickly and effectively. It further requests the Government to provide information on the impact of any measures taken to that end, in particular within the framework of the PNLCTF-III and Resolution No. 217-2019-SUNAFIL. Given that, as a result of inspections carried out by the GEIT-TFI, workers in situations of forced labour can be identified and released, and the courts can be provided with documents which serve to bring civil and criminal proceedings against the perpetrators of these practices, the Committee requests the Government to continue providing information on the number of inspections conducted, the regions targeted, the nature of violations recorded and the administrative penalties imposed.

Article 25. Application of effective penalties. The Committee previously welcomed the incorporation of the provisions of sections 153-B (“sexual exploitation”), 153-C (“slavery and other forms of exploitation”) and 168-B (“forced labour”), establishing penalties of imprisonment, into the Penal Code. The Committee takes note of the adoption of Act No. 30924 of 29 March 2019, which amends section 168-B of the Penal Code by adding penalties of fines to be imposed on perpetrators of forced labour together with the custodial sentence. The Committee also notes that, in their joint observations, the CATP, CTP, CGTP and CUT-Perú express concern about a legislative proposal (Bill No. 05556/2020 CR) criminalizing “human exploitation” that would result in the removal of the offences established in the Penal Code, among which sexual exploitation, forced labour and slavery.

The Committee further notes that, under the inter-institutional cooperation framework agreement signed between the Ministry of Labour and Promotion of Employment and the ILO, on 6 August 2018, several actions are planned for the organization of workshops with the Public Prosecutor’s Office, the judiciary and the national police to strengthen their capacity to investigate, process and effectively sanction cases of forced labour. In its supplementary information, the Government refers to several workshops organized in that regard, in collaboration with the ILO, in 2020. The Committee notes that the PNLCTF-III also provides for specific actions to train the national police and prosecutors in the detection of forced labour situations. The Committee encourages the Government to pursue its efforts in this regard and requests it to provide information on the measures adopted, in particular in the framework of the PNLCTF-III and the inter-institutional cooperation framework agreement signed with the ILO, to further strengthen the capacity of law enforcement authorities with a view to ensuring the detection of forced labour, the identification and protection of victims and the investigation and prosecution of all cases of forced labour. It also requests the Government to provide information on investigations conducted, judicial proceedings initiated and penalties imposed pursuant to sections 168-B, 153-B and 153-C of the Penal Code. Lastly, the Committee requests the Government to provide its comments with respect to the observations of the trade union organizations on Bill No. 05556/2020 CR.

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

The Committee takes note of the report of the Government received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the joint observations of 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) transmitted by the Government with its supplementary information.

Articles 1(1) and 2(1) of the Convention. 1. Impact of certain clauses in the model contract signed by teachers at the Pontifical Catholic University of Peru on their freedom to leave their employment. The Committee previously noted the adoption by the Governing Body at its 329th Session (March 2017) of the recommendations made by the tripartite committee set up to examine the representation made under article 24 of the ILO Constitution by the CGTP alleging non-observance by Peru of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), concerning the effect of certain clauses in successive short-term contracts signed by a number of lecturers and the Pontifical Catholic University (the University). The clauses concerned provided that if, upon expiry of the employment contract, the employee has not completed the required academic duties, he/she shall undertake either to fulfil the outstanding duties at no additional cost to the University or to receive reduced social security contributions and, where these were insufficient, to repay any amounts due to the University. The Committee noted that the tripartite committee invited the Government to ensure that the competent authorities hold discussions with the University to examine the content of and the terms and conditions for the implementation of the model contracts signed between the University and the lecturers that it employs in order to avoid a situation where the repeated use of said clauses leads to an accumulation of debts that places workers in a situation of dependency affecting their freedom to terminate an employment relationship. The Committee notes the Government’s indication, in its report, that the University has been implementing several measures in order to avoid any accumulation of academic or research duties of lecturers, more particularly by: (i) strengthening the monitoring and follow-up system of the academic or research workload of lecturers; (ii) ensuring prior programming of academic workload for each lecturer; (iii) providing training programmes to lecturers to improve their methodology and enhance their skills; and (iv) implementing measures that do not economically harm lecturers. If, upon expiry of the employment contract, the lecturer has not completed the required duties without justification, his or her employment contract will not be renewed, without any financial discount or charge, while ensuring that the lecturer will receive full social security contributions. The Committee welcomes this information and requests the Government to continue to provide information on the content and impact of the measures implemented by the Pontifical Catholic University to avoid in practice any situation that would place workers of the University in a situation of dependency affecting their freedom to terminate an employment relationship.

2. Domestic work in conditions of forced labour. Regarding the measures taken to provide greater protection for women domestic workers from practices amounting to forced labour, the Committee previously noted the adoption of the Plan of Action to promote observance of the rights of domestic workers 2016–2017 and the setting-up of a register of domestic workers and their dependents to enable employers to register their employees online, thereby entitling them to medical benefits under the health insurance scheme. The Committee notes the Government’s detailed information on the activities undertaken in the framework of the Plan of Action, such as: (i) numerous publications, awareness-raising activities and training on domestic workers’ labour rights and legal assistance including for public servants and labour inspectors; (ii) several events aimed at promoting domestic workers’ unionization as well as the registration of domestic workers by employers; (iii) the adoption by the National Labour Inspection Supervisory Authority (SUNAFIL) of the Protocol No. 001-2017-SUNAFIL/INII to investigate on compliance with the obligations concerning domestic workers (Resolution No. 113-2017-SUNAFIL of 8 June 2017), including the oversight of employment agencies; and (iv) the certification of occupational skills for 542 domestic workers in 2016–2017. The Government adds that, since 2016, an online reporting system for cases of child labour and forced labour allows the registration of complaints, such information being sent to the Labour Inspection Directorate. It notes that the National Action Plan on human rights for 2018–2021, adopted by Supreme Decree No. 002-2018-JUS of 1 February 2018, again sets as specific strategic action the promotion of the registration of domestic workers. Welcoming Peru’s ratification on 26 November 2018 of the Domestic Workers Convention, 2011 (No. 189), the Committee notes the Government’s indication that several bills are under examination to amend the legislation on domestic workers. In that regard, the Committee notes that, in their joint observations, the CATP, CTP, CGTP and CUT-Perú indicate that Act No. 31047 on women and men domestic workers was promulgated on 1 October 2020. The Act recognizes labour rights, as well as right to social security and health and safety at work for domestic workers. The Committee notes that the trade unions add that the Ministry of Labour and Employment Promotion will be in charge of elaborating the necessary regulations for the implementation of the new Act, and that SUNAFIL will have to update its Inspection Protocol for Domestic Workers. In the trade unions’ views, one major obstacle will be ensuring labour inspectors’ access to the workplace which coincides with the employer's address, and is by nature inviolable.

The Committee further notes that, according to the 2017 national household survey on living conditions and poverty (ENAHO 2017, INEI), 92.4 per cent of domestic workers were in the informal sector, 40 per cent of them worked more than 48 hours per week and almost half of them received wages below the minimum vital wage. In its supplementary information, the Government specifies that, according to statistical data published by the National Institute of Statistics and Information Technology (INEI), in 2019, 30.6 per cent of domestic workers did not have any kind of health insurance and 82.8 per cent of them did not have pension insurance (ENAHO 2019).

The Committee takes due note of the measures taken by the Government to provide greater protection to women domestic workers and welcomes in this regard the promulgation of Act No. 31047 on women and men domestic workers. The Committee requests the Government to continue to provide information on the implementation of any specific regulations, actions or programmes adopted to raise domestic workers’ awareness of their rights, guarantee them adequate assistance and protection to enable them to report any exploitation of which they are victims to the competent authorities, enhance their registration by employers and strengthen inspections in this sector. It further requests the Government to provide information on the number of domestic workers that have been registered by employers, the number of inspections carried out in the domestic work sector and the nature of infringements observed, the number of forced labour cases detected or reported through the online reporting system, and the penalties imposed.

3. Trafficking in persons. Referring to its previous comments concerning the additional measures adopted to strengthen the legislative and institutional framework for combating trafficking in persons and protecting the victims of this offence, the Committee notes with interest the adoption of the National Plan against trafficking in persons for 2017–2021 (Supreme Decree No. 017-2017-IN) which sets forth four strategic objectives, namely: (i) prevention and awareness-raising; (ii) protection and reintegration of victims; (iii) monitoring and prosecution; and (iv) institutional governance. It notes more particularly that the Multi-sectoral Committee against trafficking in persons and illicit trafficking of migrants is responsible for the coordination, monitoring and evaluation of the Plan at national, regional and local levels (section 4 of the Supreme Decree). In its supplementary information, the Government adds that the strategic objectives of the National Plan are being implemented by tasks forces of the Multi-sectoral Committee, which monitor the different sectors involved and the achievement of the targets set. The Committee however notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú express concern about the lack of a monitoring and evaluation system to assess the impact of the actions already implemented, thus limiting their effectiveness.

Referring to its previous comments on the need to strengthen protection for victims of trafficking, the Committee notes that several instruments have been adopted to that end, namely:

-the National Action Plan on human rights for 2018–2021 which provides for strategic actions aimed at enhancing the assistance and protection for victims of trafficking and illicit trafficking of migrants, their regularization and safe return, as well as the ratification of the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143);
-Act No. 30925 of 5 April 2019 to enhance the establishment of temporary shelters for victims of trafficking by preferentially allocating to them the assets seized by justice. This Act also provides for the development by the Government of a multi-sectoral budget programme for the implementation and follow-up of policies on trafficking in persons;
-Supreme Decree No. 009-2019-MIMP of 10 April 2019 approving the Guide for the development of an individualized reintegration plan for victims of trafficking which provides guidance on the actions and procedures to be followed by the different institutions involved in the protection of victims of this offence, to complement the Inter-sectoral Protocol for the prevention and suppression of trafficking in persons and for victim protection, assistance and reintegration (Supreme Decree No. 005-2016-IN). The Guide provides that such plans shall take into account the real needs and interests of the victims, be adapted to the specific characteristics of each case, provide access to health, education, work, security and legal services and be developed within a 30-calendar day period from the moment the person in question accepts the initiation of this process. In its supplementary information, the Government further indicates that the Inter-Sectoral Protocol is currently being reviewed by the Multi-sectoral Committee against trafficking in persons and illicit trafficking of migrants; and
-Specific programmes and actions aiming at the reintegration of victims of trafficking into the labour market, including in determined regions such as Cusco and Puno.

The Government however indicates that a large number of victims of trafficking do not have access to protection programmes, mainly as a result of the insufficient number of available shelters and the lack of specialized shelters for victims of trafficking.

As regards the repression of trafficking in persons, the Committee notes the Government’s indication that the Public Prosecutor’s Office implemented several measures, in particular in collaboration with the ILO, to strengthen the inter-institutional cooperation and mechanisms for inspection and prosecution in order to ensure the detection, timely intervention and sanctioning of trafficking in persons. In its supplementary information, the Government indicates that, in November 2018, a police system for the investigation of trafficking in persons (SITRAP PNP1) was created, which is composed by the Directorate for the investigation of trafficking in persons and the illicit trafficking of migrants (DIRCTPTIM) and 24 specialized investigation units of the different regions. Concerning the operations conducted by the DIRCTPTIM, the Government states that more police officers are needed to carry out prevention and rescue operations throughout the country. In its supplementary information, it indicates that, from 2019 to July 2020: 192 operations were conducted by the DIRCTPTIM and 1,626 victims of trafficking were rescued. It adds that special prosecutors’ offices for trafficking in persons (FISTRAP) also face difficulties in the implementation of sections 153 and 153-A of the Penal Code criminalizing trafficking in persons, as a result of the lack of specialized judges in this area, which results in a confusion with other crimes and inappropriate sanctions. In its supplementary information, the Government indicates that the Public Prosecutor recently adopted two important instruments to ensure adequate investigation and prosecution of cases as well as protection of victims, by enhancing better inter-institutional coordination between the FISTRAP and the police force (the Protocol of the Public Prosecutor to assist victims of trafficking in persons and illicit trafficking of migrants (Resolution No. 1191-2019-MP-FN of 2 September 2019) and the Inter-institutional Operational Guide for the collaboration of prosecutors and the police in the investigation of the cases of trafficking in persons (Resolution No. 489-2020-MFN of 2 March 2020). The Committee notes that, according to the statistical information provided by the Government, from 2018 to May 2019, 255 cases of trafficking for labour exploitation purposes were detected and 77 convictions for trafficking in persons were issued.

The Committee requests the Government to pursue its efforts to combat trafficking in persons and to provide information on the measures taken to prevention of trafficking in persons, protection of victims and prosecution and punishment of perpetrators, including in the framework of each of the four strategic objectives of the National Plan against trafficking in persons for 2017–2021. It also requests the Government to provide information on any assessment made of the impact of such measures by the Multi-sectoral Committee against trafficking in persons and illicit trafficking of migrants. The Committee further requests the Government to continue to provide information on steps taken to strengthen the human and financial capacities of the different institutions in charge of the investigation and prosecution of trafficking in persons, as well as to enhance better coordination and collaboration between them at the national and regional levels. Lastly, the Committee requests the Government to provide information on the number and nature of investigations carried out on cases of trafficking in persons, including by the DIRCTPTIM and the decentralized departments for the investigation of trafficking, court proceedings instituted and convictions issued on the basis of sections 153 and 153-A of the Penal Code, while specifying the potential difficulties faced by the various authorities involved in the prosecution of trafficking in persons.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Community service. The Committee recalls that the Penal Code provides for a series of alternative penalties to imprisonment, including the performance of community service which may be applied as an autonomous sentence (when it is specifically associated with an offence) or as an alternative to a custodial sentence (when, in the view of the court, the penalty to be replaced is not greater than four years), and obliges the person concerned to perform work free of charge with various entities (sections 31 to 34 of the Penal Code and section 119 of the Code for the Implementation of Sentences). The Committee notes that, pursuant to section 4 of Legislative Decree No. 1191 of 22 August 2015 which introduced a new section 34.2 in the Penal Code, the penalty of community service may also be carried out in non-profit making private institutions for welfare or social purposes. It observes that the legislative provisions referred to above make no mention of the possibility for the convicted person to consent to or refuse the sentence of the performance of community services when applied as an alternative to a sentence of imprisonment. The Committee recalls that, where the performance of community service may be for the benefit of private institutions, such as charitable associations, the convicted person should be able to give formal consent to the performance of the work, and the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. Referring also to its 2020 direct request on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee requests the Government to indicate whether the penalty of community service may be imposed without the consent of the convicted person. It also requests the Government to provide information on the manner in which the sentence of community service is applied, with an indication of the nature of the supervision carried out by the sentencing judge, the list of private entities authorized to receive persons convicted to this penalty, and examples of the work performed.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations on the Convention made by the Autonomous Workers’ Confederation of Peru (CATP), received in 2019 and in 2020 together with the Government’s report.

Articles 5(a), 12(1)(a) and 18 of the Convention. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Freedom of access to workplaces liable to inspection. Obstruction of inspectors in the performance of their duties. The Committee notes that, in reply to its previous request on the cooperation of the inspection services with the police, particularly in cases of the obstruction of inspections, the Government indicates that, during the course of 2019, with the cooperation of the National Police, through the activities of the Specialized Labour Inspection Unit on Forced Labour and Child Labour (GEIT-TFI SUNAFIL), 161 inspection activities were undertaken at the national level. The Government also indicates that during the activities of the GEIT-TFI SUNAFIL concerning possible obstructions to labour inspection actions, no decisions were taken to impose fines in 2019. In this respect, the Committee notes the allegation by the CATP that, while inspections related to child labour and forced labour are undertaken in collaboration with the police, based on the existence of an intersectoral agreement, in the case of other inspections, when labour inspectors are obstructed, it is necessary to request and obtain police support through the commissariats. The Committee requests the Government to continue providing information on collaboration between labour inspectors and police forces, including the measures adopted to ensure the protection and safety of labour inspectors. In this regard, the Committee requests the Government to provide more specific information, if available, on the number of inspections during which the police in practice ensures the protection and safety of labour inspectors and their free entry into workplaces, and any subsequent measures adopted in relation to penalties for the obstruction of labour inspectors in the performance of their duties.

Article 7(1). Conditions for the recruitment of labour inspectors. The Committee notes that, in its reply to the Committee’s previous request concerning internal competitions for labour inspectors and the selection criteria used in such competitions, the Government indicates that the criteria followed in such competitions are established in the Basic Rules for Internal Promotion Competitions, as approved when they are carried out, under the terms of section 4 of the Regulations on the Careers of Labour Inspectors (Presidential Decree No. 021-2007-TR) and section 26 of Act No. 28806 on the General Labour Inspectorate (LGTI). The Committee notes the CATP’s observations, according to which no internal competitions for promotion were held between 2007 and 2018 and that the participation of inspectors who live outside the city of Lima in the competitions organized in 2018 was burdensome and difficult due to the need to travel. The Committee requests the Government to provide its comments on this subject, with an indication of the measures that it has adopted or plans to adopt to ensure that labour inspectors are selected with sole regard to their qualifications for the performance of their duties.

Article 7(3). Training of labour inspectors. The Committee notes that, in reply to its previous direct request concerning the activities of the Training and Capacity-building Centre for the Labour Inspection System, the Government indicates that the Centre undertook a total of 960 activities in 2019 within the framework of the Annual Training Plan of the Labour Inspection System (PAC-SIT 2019, approved by R.G. No. 022-2019-SUNAFIL), of which 109 related to capacity-building on labour inspection. The Government also indicates that 48 training activities concerned forced labour and child labour in 2019. The Committee also notes that the workshop on the strategic and participatory strengthening of labour inspection was held on 27 February 2020 in Lima with the presence of SUNAFIL, the European Union and the ILO. The workshop, which included a tripartite round table, had the objective of facilitating the process of the identification of the institutional priorities and needs of SUNAFIL to discharge its role in accordance with the national legislation. The Committee requests the Government to continue providing detailed information on the activities of the Training and Capacity-building Centre for the Labour Inspection System (including the content and duration of the activities, and the number of participants and the manner in which they were selected). The Committee also reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Articles 10, 15 and 16. Number of labour inspectors and frequency and thoroughness of inspections to ensure the application of the relevant legal provisions. The Committee notes that, in reply to its previous request, the Government indicates that the criteria for the determination of needs in relation to the number of labour inspectors in SUNAFIL and the regional governments for inspection activities, include the number of workplaces to be inspected, the probability of non-compliance in workplaces and the total number of orders issued in each region. The Committee also notes the CATP’s allegation that the allocation of posts for each regional service of SUNAFIL and for the regional governments has not been based on technical criteria, such as the number of enterprises, the complexity of inspections and the number of workers in each region. The Committee further notes that, according to the data contained in the Annual Labour Inspection Reports for 2015, 2016 and 2017, the total number of inspectors fell from 480 in 2015 and 2016 to 458 in 2017, and that the change was due to a reduction in the number of auxiliary inspectors, while the number of labour inspectors and supervisors increased. The Committee notes the Government’s indication that SUNAFIL had 661 inspectors in 2019. The Committee also notes that in 2015 and 2016, a total of 62,780 and 65,105 inspections were carried out, respectively, and that this number fell to 61,938 in 2017. The Committee requests the Government to provide further information on the measures adopted, including those adopted within the framework of the strategic planning on enforcement with ILO technical assistance, to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and that the number of labour inspectors is sufficient to secure the effective discharge of their duties. In this regard, the Committee requests the Government to continue providing statistical data on the number of labour inspectors and the inspections carried out, disaggregated by category of inspectors and region.

Article 11. Material resources available to labour inspectors. The Committee notes that, in reply to its previous request, the Government indicates that the material resources made available to labour inspection offices at the national level are proportional to their operational capacity, administrative and inspection personnel, economic activity and the number of workplaces to be inspected, all of which is subject to the budget of SUNAFIL. In this regard, the Committee notes the CATP’s allegations that: (i) SUNAFIL does not have its own building; (ii) many of the inspections carried out by labour inspectors and auxiliary inspectors are in very remote and dangerous locations; (iii) there are currently only an average of 20 vehicles for over 250 inspectors of both categories, which are concentrated in the city of Lima; and (iv) the regional services of SUNAFIL only have a single vehicle, even though the distances to the major workplaces are greater than in Lima. The Committee recalls that, in its 2006 General Survey on labour inspection, in paragraph 238, it indicates that, in order to carry out its functions effectively, a labour inspectorate not only needs an adequate number of staff, with appropriate conditions for hiring, training and service, but that these staff must also be given the necessary resources to perform their tasks and to ensure that their role and the importance of their work is appropriately recognized. The Committee requests the Government to provide further information on the measures taken to ensure that the budgetary resources allocated to the labour inspection services are sufficient.

Articles 12(1)(a) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. The Committee notes the CATP’s indication that some staff in the Regional Directorate of Labour and Employment of Tacna communicated confidential information to the media concerning inspection activities contained in the inspection orders issued to labour inspectors, thereby obstructing the work of inspection and giving notification to the enterprises to be inspected, including the subjects that would be inspected. The Committee notes the Government’s indication that section 5 of LGTI was amended by Decree No. 044-2019 of 30 December 2019. The first paragraph of section 5 provides that during inspections, inspection personnel can enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Section 5 also provides that, on the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, as well as the workers, the workers’ representative or the union, unless they consider that such a notification may be prejudicial to the performance of their duties, and shall identify themselves with the credentials issued for this purpose. The Committee requests the Government to provide its comments on the consequences or implications of the section 5 notification provision, particularly with respect to any measures adopted in practice to ensure that labour inspectors can enter without previous notice any workplace liable to inspection and also that they treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

Article 18. Adequate and effectively enforced penalties. In its previous comment, the Committee noted that SUNAFIL has a unit specializing in the collection of fines imposed as a result of inspections in workplaces within its competence and that the Bill to strengthen the labour inspection system authorizes the Ministry of Labour and Employment Promotion, SUNAFIL and the regional governments to hire personnel responsible for the enforced collection of fines resulting from penalties issued by the inspection services. While noting the absence of a reply to its previous request, the Committee once again requests the Government to provide information on any developments in this regard and the results of these measures.

Articles 20 and 21. Preparation of periodical reports and publication and transmission to the ILO of the annual report. The Committee notes that, in reply to its previous request, SUNAFIL has published and communicated to the ILO the Annual Labour Inspection Reports for 2015, 2016 and 2017, which contain all the information required under Article 21(a) to (g). The Committee requests the Government to continue publishing and communicating to the ILO the reports for the following years.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations on the Convention made by the Autonomous Workers’ Confederation of Peru (CATP), received in 2019, which refer to various issues raised by the Committee in its previous comment.

Moreover, the Committee notes the observations of the CATP, received in 2020 together with the Government’s report, which reiterate its 2019 observations and also refer to the following issues: (i) Legislative Decree No. 1499 (May 2020) amended section 6 of Act No. 28806 (the General Labour Inspection Act) by eliminating the advisory role that labour inspectors had towards employers and workers; consequently, employers presented a high number of requests for suspension of workers in the midst of the COVID-19 pandemic which were not in conformity with legal requirements and were declared invalid by the administrative labour authority; (ii) the number of labour inspectors in the National Labour Inspection Authority (SUNAFIL) is insufficient; this implies an overload for inspectors which is an obstacle to the effective accomplishment of their functions; (iii) labour inspection only covers the private sector, which means that workers in the public sector are not covered; (iv) the SUNAFIL does not provide safe and healthy working conditions to labour inspectors, including the necessary preventative and protective measures in the context of the current pandemic; (v) the SUNAFIL’s training centre does not adequately plan its activities, which has a negative impact on the training of the inspectorate’s personnel; (vi) the labour inspectorate is not notified of work accidents occurring in the informal economy and therefore they are not investigated; (vii) the SUNAFIL does not have a work plan which would ensure the regular sanctioning of recidivist enterprises, the monitoring of frequent violations and the application of the sanctions imposed by the competent bodies based on the inspectorate’s work; and (viii) since 2015, annual labour inspection reports have not been published on the official webpage. The Committee requests the Government to transmit its comments in response to these serious allegations.

Articles 6 and 15(a) of the Convention. Legal status and conditions of service of inspectors. In its previous comments, the Committee noted the Government’s indication that the SUNAFIL and the regional governments had not yet incorporated the new civil service system envisaged by the Civil Service Act No. 30057 of July 2013 and that their employees were still governed by the labour legislation regulating private enterprises until the public service career system was implemented. In this regard, the Committee notes the Government’s indication in its report that, as of June 2019, the National Civil Service Authority (SERVIR) includes 463 entities that are in the process of implementing the system envisaged by the Civil Service Act, and that these include the SUNAFIL and 17 regional governments. Moreover, the Government indicates, in its supplementary information, that the implementation of the new civil service system is progressive, by entities and offices, and that it is done in four stages (preparation of the institution concerned, analysis, implementation of internal improvements, and competitions under the new system) as provided for in the document entitled “Procedure for the transition of a public institution to the civil service system under Act No. 30057” approved by Presidential Resolution No. 034-2017-SERVIR/PE. The Government adds that the SUNAFIL is at stage two of the process and that its transition is therefore not yet finalized. The Government indicates that the integration of workers to the new civil service system can only happen once the institution concerned has completed the transition process. The Government also adds that those who perform labour inspection functions in regional governments, and who had been transferred to SUNAFIL under Act No. 30814 on the strengthening of the labour inspection system, are not part of the transition process to the new civil service system. The Committee also notes that the CATP emphasizes the importance of the Government ensuring that the implementation of the Civil Service Act does not have a negative effect on the legal status and conditions of service of inspectors. The Committee requests the Government to indicate the number of inspectors who have already been transferred to the civil service system, those who are still in a transitional period, those for whom the transition has not yet commenced, and those who will not be part of the transition process at all. It also requests the Government to provide information on the impact that the integration of the labour inspectorate into the new civil service system has on the conditions of service, salary scales, and career prospects of staff of regional governments with inspections functions. In addition, the Committee requests that the Government provide information on the legal status of each of these categories of inspectors, with an indication of whether they all benefit from guarantees, such as stability of employment, independence of changes of government and of improper external influences, irrespective of whether or not they have been included in the civil service system. The Committee further requests the Government to provide information on the salary scales, benefits and career prospects of labour inspectors in relation to other comparable categories of public servants engaged in similar functions in other Government services, such as tax inspectors and the police.

Articles 12(1)(a) and (c), and 15(c). Scope of the right of free entry of labour inspectors into workplaces liable to inspection. In previous comments, the Committee noted that the provisions of the General Labour Inspection Act, and particularly sections 10 to 13, make inspections conditional on an order from a higher authority. The Committee once again notes with regret that there has been no progress in this regard and that these provisions of the General Labour Inspection Act remain in force. The Committee recalls that in its 2006 General Survey on Labour Inspection, in paragraphs 265 and 266, it indicates that the different restrictions placed in law or in practice on inspectors’ right of entry into workplaces, such as restrictions on the free initiative of inspectors in this regard through the requirement for formal authorization issued by a higher authority or another competent authority, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments. The Committee once again requests the Government to take the necessary measures to ensure that, in law and practice, inspections are not subject to an order issued by a higher authority.

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

The Committee takes note of the information provided by the Government in its 2019 report as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the joint observations of 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) transmitted by the Government with its supplementary information.

Article 1(a) and (d) of the Convention. Imposition of community service as a penalty for opposition to the established political, social or economic system, or as punishment for participating in a strike. For a number of years, the Committee has been observing that section 200(3) on extortion of the Penal Code, which provides that anyone who, through violence or threats, occupies premises, blocks thoroughfares, prevents the free movement of citizens or disrupts the normal operation of public services or work on a legally authorized worksite, with a view to obtaining from the authorities an undue benefit or economic advantage or advantage of any other nature, shall be liable to imprisonment of five to ten years, is drafted in broad terms. In this regard, the Committee noted that while the national legislation establishes the voluntary nature of work performed by persons sentenced to imprisonment (section 65 of the Code for the Implementation of Sentences), under sections 31 to 34 of the Penal Code and section 119 of the Code for the Implementation of Sentences, the penalty for the performance of community services – which may be applied either as an autonomous sentence or as an alternative to a custodial sentence – obliges the person concerned to perform work free of charge for various entities. Moreover, the above-mentioned legislation makes no mention of the possibility for the convicted person to consent to, or refuse, the sentence of the performance of community service when applied as an alternative to a custodial sentence. The Committee therefore requested the Government to clarify whether the sentence of the performance of community services could be imposed as an alternative in the event of a violation of section 200(3) of the Penal Code and, if so, whether the consent of the person concerned is required for the application of this penalty.

The Committee notes the Government’s indication, in its report, that the penalty of community service as an alternative to a custodial sentence cannot be applied to persons convicted under section 200(3) of the Penal Code as a result of: (i) section 32 of the Penal Code which provides that the penalty of community service can only be applied as an alternative to a custodial sentence when the penalty to be replaced is not greater than four years (while section 200(3) provides for a penalty of imprisonment of five to ten years); and (ii) section 3 of Legislative Decree No. 1300 of 30 December 2016 which expressly provides that prison sentences resulting from section 200(3) of the Penal Code cannot be replaced by a penalty of community service. It notes that the Government does not provide information on the interpretation made by the courts of the provisions of section 200(3) of the Penal Code which are drafted in broad terms, as previously requested by the Committee. The Committee observes however that, in its 2018 report, the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises highlighted that community leaders stated that they had faced criminal charges under section 200(3) of the Penal Code for allegedly disrupting the provision of public services or legally authorized work while taking part in protests to demand respect for human rights, and that numerous people who had participated in social protests against the impact of business activities on human rights had faced criminal charges and been subjected to various forms of intimidation and stigmatization (A/HRC/38/48/Add.2, 9 May 2018, paragraphs 70 and 71).

The Committee further notes that several other provisions of the Penal Code provide that community service can be handed down as an autonomous sentence or as an alternative to a custodial sentence in circumstances covered by the Convention, namely:

-sections 130 (slander), 345 (insulting national symbols or heroes of the Fatherland), and 452 (disturbance of the public peace) which expressly provide for a penalty of community service; and
-sections 132 (defamation), 315 (serious disturbance of the public peace), 339 (hostile acts against a foreign State), 344 (outrage to symbols or heroes of the Fatherland), and 348 (riot), which provide for a penalty of imprisonment which may be replaced by an alternative penalty of community service according to section 32 of the Penal Code.

The Committee recalls that when provisions are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views, and insofar as they are enforceable with sanctions involving compulsory labour, they fall within the scope of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 306). It notes that, in its 2018 report, the United Nations Working Group reiterated the recommendations of the United Nations Human Rights Committee urging the Government to consider adopting legislation decriminalizing defamation, as the criminalization thereof poses a threat to the freedoms of opinion or expression, and to conduct effective investigations of reports concerning attacks against human rights defenders (A/HRC/38/48/Add.2, paragraph 72). In that regard, the Committee notes that the National Action Plan on human rights for 2018-2021 provides for the establishment of a mechanism for the protection of human rights defenders by 2021 and a database to track threats to their safety by 2019 (p. 129). The Committee hopes that the Government will ensure that the above provisions of the Penal Code are not invoked to impose criminal penalties involving compulsory labour for expressing political views or opposition to the established political, social or economic system or peacefully participating in activities carried out as part of a social protest movement or strike. The Committee requests the Government to provide information on any court rulings handed down under those provisions, the penalties imposed and the description of the acts giving rise to such rulings. The Committee further requests the Government to provide updated information on the development and implementation of the mechanism for the protection of human rights defenders and the database established to track threats against human rights defenders, provided for under the National Action Plan on human rights for 2018-2021.

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.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously expressed concern at the high number of children and young persons engaged in economic activity or hazardous types of work. It requested the Government to provide information on the new projects developed in the context of the National Strategy for the Prevention and Eradication of Child Labour and the Protection of Young Workers 2020–21 (ENPETI), and on the results achieved.

The Committee notes the Government's indication that the Ministry of Labour and Employment Promotion, with the support of the Economic Commission for Latin America and the Caribbean and the ILO, has developed a model for the identification of risks of child labour (MIRTI), which proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour. In its supplementary information, the Government states that, in 2019, the MIRTI was recognized as a key instrument for the design, elaboration and implementation of strategies for the prevention, identification and elimination of child labour in the framework of the public policy on child labour. The Government adds that, in 2020, several awareness-raising activities on the scope and contributions of the MIRTI were conducted before several public bodies, at both national and regional levels, including for the members of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI). The Committee notes the Government’s indication that it is currently in the process of institutionalizing the MIRTI, through the adoption of a binding normative document, in order to enhance its implementation at all levels of government and ensure better focus and prioritization of actions. In that regard, 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) support the institutionalization of the MIRTI in order to secure its implementation, and ensure its dissemination at the local level as well as the dissemination of information on the results achieved.

The Committee also notes the results of the Municipal Programme for the Prevention and Eradication of Child Labour 2017–18, undertaken by the Municipal Service for the Protection of Children and Young People, in the Carabayllo district of Lima, which benefited 51 girls, boys and young people. Similarly, a total of 140 people have been trained at the national level on the risks of vulnerability for families, including the issue of child labour. It however notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú point out that no efforts were made by the Government to ensure the continuity of the Municipal Programme despite child labour being still a grave concern in the Carabayllo district. The trade unions add that the implementation of the ENPETI was discontinued by the Government. The Committee requests the Government to continue providing information on the results of the implementation of the ENPETI, as well as on any new national strategy elaborated as a follow-up. It also requests the Government to provide information on the implementation of the MIRTI, as well as any progress made in its institutionalization. Finally, the Committee requests the Government to provide information on the application of the Convention in practice, including recent statistics on the employment of children and young persons and specific information on hazardous types of work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. The Committee requested the Government to intensify its efforts to adapt and strengthen the labour inspection services so as to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in the informal economy enjoy the protection afforded by the Convention. It also requested the Government to continue providing information on the measures adopted in this regard and the results achieved.

The Committee notes, according to the information provided by the Government, the introduction of another model for the identification and prevention of child labour by municipal authorities. The model allows municipal inspectors, who assess compliance with labour standards by enterprises, to include criteria in their interventions for the identification and prevention of child labour. The municipal authorities have the power, among other measures, to impose penalties on enterprises in the most serious cases, including the confiscation of goods, the revocation of permits and the temporary or definitive closure of the establishment. The Committee further notes that, in its supplementary information, the Government indicates that, in 2020, draft guidelines for the municipal model for the identification and eradication of child labour have been submitted for discussion and approval by the CPETI. The Government adds that the model has been implemented in the districts of Chanchamayo, Concepción, Pichanaki (Junín), Vila Rica (Pasco) and Comas (Lima), as a pilot. In 2019, 97 interventions were made which led to the identification of 132 cases of child labour. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú indicate that further analysis is needed concerning the impact of the municipal model in order to make sure that municipal inspectors do not duplicate the duties performed by labour inspectors of the National Supervisory Authority of Labour Inspection (SUNAFIL), regarding more particularly the imposition of penalties. The trade unions recommend that the municipal inspectors should only be responsible for the identification and prevention of child labour.

The Committee also notes the Government’s indications that in 2019 the SUNAFIL issued 460 labour inspection notices concerning child labour in relation to the minimum age. Thirty-four infringements relating to child labour were detected and noted in compliance reports. The infringements are currently covered by an administrative sanction procedure within the respective time limits. The Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú identify several challenges as regards labour inspection, in particular the need to strengthen its capacity as well as its actions at a local level, including throughout the implementation of the MIRTI. The Committee requests the Government to continue providing information on the measures taken in this respect and the results achieved. It also once again requests the Government to provide extracts from the reports of the labour inspection services indicating the number and nature of the infringements reported and the penalties imposed.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee previously expressed the firm hope that the Bill to amend the Code of Children and Young Persons, which has been under amendment since 2010, would be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years is permitted to work, and also to guarantee that only children and young persons aged 16 years and over can be authorized to perform 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 notes the indications by the Ministry of Women and Vulnerable Peoples that two women members of Congress, of whom one is currently the Minister of Women and Vulnerable Peoples, submitted a proposal in 2016 for a new Code of Children and Young Persons in Bills Nos 500/2016-CR and 663/2016-CR. It further 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, who have the minimum age for admission to employment set in the Code of Children and Young Persons, to work as employees or under a dependency relationship. The Committee also notes the Government’s indication that a proposal was submitted by the Ministry of Women and Vulnerable Peoples in order to amend 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. The Committee once again expresses the firm hope that the Bill to amend the Code of Children and Young Persons will be adopted in the very near future and requests the Government to provide information on any progress achieved in this regard. It also requests the Government to provide information on the current status of the proposal to amend Supreme Decree No. 003-2010-MIMDES.

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 (see Article 7(2)(d) below), as well as on the basis of the information at its disposal in 2019.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children and begging. The Committee previously requested the Government to continue to provide information on the measures taken for the identification and protection of street children against the worst forms of child labour, particularly in the context of the Yachay programme and the National Strategy for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2012–21 (ENPETI).

The Committee notes the Government’s indication that in 2016 the national Yachay programme developed a pilot intervention plan for the implementation of action for prevention in San Juan de Lurigancho, which is included in results-oriented programme 117 “Quality care for girls, boys and young people presumed to be abandoned”. This action programme enables them to reinforce their skills in a protected environment through strategies such as awareness raising and the participation of children and young people in recreational activities, training for teachers and managers, skills development for children and young people and advocacy with community authorities. In this regard, a games-based intervention is being developed to strengthen the competencies of children and young people exposed to the risk of the absence of protection in the areas of San Juan de Lurigancho and La Victoria. During the first quarter of 2019, a total of 305 girls, boys and young people participated in these recreational workshops.

The Committee notes that since 2018 the Yachay programme has been under the authority of the National Family Welfare Institute (INABIF), and is currently known as the Street Educators Service. In that regard, 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) regret that the Yachay programme was discontinued, in spite of its good results. The two profiles for priority beneficiaries determined by the Street Educators Service are for children subjected to begging and street children. With regard to begging, 453 children were provided with support by the Street Educators Service during the first quarter of 2019 (compared with 474 children in 2018) and, in the case of street children, a total of 364 children were supported by the Street Educators Service during the first half of 2019 (compared with 441 children in 2018). The Committee also notes that a total of 6,742 street girls, boys and young people were provided with national identity documents between 2018 and 2019 and that a total of 6,112 girls, boys and young people had access to the health system in 2018 and 2019 (89 per cent in 2019, compared with 11 per cent in 2018). Finally, between January and June 2019, particular attention was given to 6,868 girls, boys and young people throughout the country. The Committee also notes that Presidential Decree No. 002-2017-MIMP provides for the merger of the national Street Educators Service and Vida Digna programmes into the Comprehensive National Family Welfare Programme of the INABIF. It further notes that, in its supplementary information, the Government refers to the elaboration, by the Public Prosecutor Office, of a model for the implementation of a geographically referenced real time mapping of the operations against begging of children in Lima streets. The Committee requests the Government to continue providing information on the measures adopted in this regard, including within the context of the Comprehensive National Family Welfare Programme implemented by the INABIF. To the extent possible, such data should be disaggregated by age and gender.

Indigenous children. The Committee previously requested the Government to provide information on the new measures and programmes implemented to protect indigenous children from the worst forms of child labour, particularly in the field of education, with a view to reducing their vulnerability, and on the results achieved.

The Committee notes the implementation of two interventions, relating to secondary school tutorship and school catch-up courses, undertaken by the ENPETI within the context of the Semilla project. The latter came to an end in 2018, and its programmes have been transferred to the Ministry of Education (MINEDU). Within this framework, since February 2019, the secondary school tutorship programme has formed part of the rural education service and covers four regions: Pasco, Junín, Huancavelica and Ucayali. The MINEDU covers the costs associated with its operation and 764 students benefit from the programme. The school catch-up programme is regarded as a priority for action by the MINEDU. It has assisted 1,800 students who are behind in their schooling in the regions of Pasco, Huancavelica and Junín. The Government emphasizes that 83 per cent of the participants made up the backlog that they had accumulated in their schooling. The programme has developed its own methodology, including an operating manual and the provision of learning materials to beneficiaries. However, according to the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination of 23 May 2018, the application of the National Plan for Intercultural Bilingual Education: A vision for 2021, is limited, particularly in secondary school. It also noted the difficulties faced by children and young persons belonging to indigenous peoples and the Afro-Peruvian community in gaining access to a quality education, particularly in rural and remote areas (CERD/C/PER/CO/22-23, paragraph 32). The Committee requests the Government to continue to provide information on the results achieved through the various government programmes, including the results of the National Plan for Intercultural Bilingual Education: A vision for 2021.

Article 8. International cooperation and assistance. Poverty reduction and international cooperation. The Committee previously encouraged the Government to intensify its efforts to reduce the incidence of poverty, especially in the poorest regions, which is essential for the elimination of the worst forms of child labour. It once again requested the Government to provide information on the measures taken and the results achieved in the context of the ENPETI.

The Committee notes from the Government’s report that the Ministry of Development and Social Inclusion (MIDIS) is responsible for the national development and social inclusion policy with a view to reducing poverty, inequality, vulnerability and social risks. In 2016, the sustainable social action strategy was adopted by Presidential Decree No. 003-2016-MIDIS and constitutes the national social development and inclusion policy.

The Committee notes, according to the indications of the Ministry of Labour and Employment Promotion, the adoption of the project entitled: “Improving household revenue through the development of productive work, entrepreneurs and technical skills with a view to reducing the incidence of child labour”. This project aims at reducing the incidence of child labour in 370 families in the regions of Huánuco, Lima and Tacna. The project is awaiting agreement with the executing agency with a view to its implementation in the near future.

The Committee also notes that the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) is the body that draws up the National Plan for the Prevention and Elimination of Child Labour. Accordingly, it coordinates the integration of the activities of the International Programme for the Elimination of Child Labour in the national programme and also supervises and coordinates the ENPETI, one of the objectives of which is to achieve a sustainable increase in the family income of poor families with children who are at risk of or are engaged in child labour. The Committee requests the Government to provide information on the results achieved by the CPETI, within the framework of the ENPETI and the International Programme for the Elimination of Child Labour. It also requests the Government to provide information on the measures adopted and the results achieved through the sustainable social action strategy of the MIDIS, adopted in 2016.

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.

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2016, stating that the Ministry of Labour and Employment Promotion (MTPE) should provide information regarding coverage for occupational accidents and the forms of insurance for non national workers in the land, air and maritime transport sectors and the hydrocarbons sector, and in general on the total number of non-national workers in the country, by sector of activity.

Article 1(2) of the Convention and application in practice of the Convention. The Committee notes that, regarding the issues raised by the CATP, the Government indicates in its report that Act No. 26790 of 1997 on modernizing the social security health insurance system and Act No. 27056 of 1999 establishing the social health insurance scheme (EsSALUD), do not establish different or discriminatory treatment for non-nationals working in Peru with regard to occupational accidents. Non-nationals have the right to health social security through EsSALUD, on an equal footing with Peruvians, insofar as they comply with the requirements for coverage. The Committee notes that the Government has not provided information on protection in the event of occupational accidents for non-national workers in comparison with Peruvian workers. The Committee requests the Government to provide information, if the existing statistics allow, on the approximate number of non-national workers on the national territory, as well as on their occupation and nationality and the number and nature of the accidents recorded involving non-national workers. The Committee also requests the Government to provide information on the compensation for occupational accidents provided to workers who are nationals of other member States that have ratified the Convention and to their dependants within and outside the national territory, in the case of occupational accidents that took place in Peru.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 together. The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) on the application of Conventions Nos 26 and 99, received in 2017, and the Government’s reply to these observations.

Article 2 of Convention No. 99. Partial payment of minimum wages in kind. In its previous comments, the Committee noted the Government’s indication that the conditions for the payment of wages in the form of allowances in kind and their limits were regulated by Legislative Decree No. 14222 of 1962 and its Regulations (Presidential Decree No. 007) of 1965. In particular, the payment of wages in kind was regulated by sections 10, 11 and 13 of Legislative Decree No. 14222. In this regard, the Committee notes the information available on the webpage of the Peruvian Legal Information System of the Ministry of Justice and Human Rights, according to which Decision No. 582-2013-MTPE-4, of 5 March 2013, of the Ministry of Labour and Employment Promotion, indicates that sections 10 and 13 of Legislative Decree No. 14222 have been tacitly repealed in line with sections 1 and 2 of Act No. 28051 respecting food allowances for workers subject to the private sector labour regime of 2003. The Committee understands that section 11 of Legislative Decree No. 14222 has not been repealed. The Committee requests the Government to confirm whether section 11 of Legislative Decree No. 14222 and its regulations continue to cover the partial payment of wages in kind and, if so, to provide information on the application of assessment criteria and limits to such payments in practice, and particularly in relation to the payment of minimum wages to workers in the agricultural sector.

Article 3(1) and 2(1) and (2), of Convention No. 26, and Article 3(1), (2) and (3) of Convention No. 99. Minimum wage-fixing machinery. Participation of the social partners. With reference to its previous comments, the Committee notes the Government’s replies in its report to the observations of the General Confederation of Workers of Peru (CGPT) and the information provided on the General Labour Bill. The Committee also notes the indication by the CATP in its observations that workers in the agricultural sector are not consulted in relation to their minimum wage and that the special labour regime applicable to the sector has not been taken into account in the National Labour and Employment Promotion Council (CNTPE). Moreover, it refers to the suspension of the work of the CNTPE. The Committee requests the Government to provide information on the manner in which workers in the agricultural sector are consulted on or participate in the CNTPE with a view to the determination or application of the minimum wage-fixing machinery covering the sector. Furthermore, taking into account the fact that the operation of the CNTPE is under examination in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee refers to its comments on the application of that Convention.

Article 4 of both Conventions. Supervision and sanctions. The Committee notes the indication by the CATP in its observations that the labour inspection system is confronted with operational problems, particularly in relation to micro-enterprises, as a consequence of the shortage of human, financial and material resources, as well as the reduction in the penalties in place for failure to comply with the social and labour provisions applicable to such enterprises, including in relation to the minimum wage. The Committee requests the Government to provide updated information on the labour inspections undertaken in relation to the payment of the minimum wage, including the number of inspections conducted, the number of workers involved, the violations detected and the penalties imposed. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

In order to provide an overview of matters relating to the application of the main Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted with interest that the Government’s regulations and the legislation, taken as a whole, ensured the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. It requested the Government to indicate the nature and scope of the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as set out in Article 6(2) of Conventions Nos 77 and 78. Noting that the Government has not provided any information in relation to the previous comments, the Committee once again requests the Government to provide information on the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as provided for by Article 6(2) of Conventions Nos 77 and 78.

Application in practice. In its previous comments, the Committee noted the Government’s indication that it had no statistical data on the number of children subject to medical examination requirements, as established by the Conventions. The Committee also noted that, in its concluding observations of March 2016, the United Nations Committee on the Rights of the Child expressed concern that the system of authorization and registry, which bases the authorization for children to work on a number of requirements, does not work effectively in practice (CRC/C/PER/CO/4-5, paragraph 65). The Committee previously requested the Government to take the necessary measures to make available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee also requested the Government to indicate the measures taken so that Ministerial resolution No. 312-2011/MINSA, approving the technical paper containing protocols relating to medical examinations and directives on compulsory diagnosis by activity, is applied in practice, thereby ensuring that children and young persons are subject to medical examinations prior to employment and periodically during employment. Lastly, the Committee requested the Government to indicate whether Supreme Decree No. 006-73-TR of 5 June 1973, which gives effect to most of the Articles of the Conventions concerned, was still in force. If not, the Committee requested the Government to indicate the legislation which replaced Decree No. 006-73-TR and which would now give effect to Conventions Nos 77 and 78.

The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion explains that the regulation replacing Supreme Decree No. 006-73-TR of 5 June 1973 may be found under section 55 of the Code for Children and Young Persons (Act No. 27337 of 2 August 2000): “Working young persons are subject to periodic medical examinations. For independent and domestic workers, the examinations will be free of charge and will be covered by the health service.”

The Committee notes, however, the lack of statistical data on the number of working children and young persons who have been subject to medical examinations provided for by the Convention. Once again recalling the importance of obtaining statistical data as a basis for assessing the application of the Conventions in practice, the Committee requests the Government to provide all available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee once again requests the Government to indicate the measures taken to give effect to Ministerial resolution No. 312-2011/MINSA in practice and thus ensure that children and young persons are effectively subject to medical examinations prior to employment and periodically during employment.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation in agriculture), 24 (sickness insurance – industry), 25 (sickness insurance – agriculture) and 102 (social security – minimum standards) together. With regard to Conventions Nos 24 and 25 (instruments considered to be outdated by the ILO Governing Body), the Committee refers to its comments on Convention No. 102, the most up-to-date Convention on social security ratified by Peru (including Parts II and III).

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) on the application of Conventions Nos 12, 24, 25 and 102, received in 2016.

Article 1 of Convention No. 12. Extension of coverage to agricultural workers. In its previous comment, the Committee requested the Government to indicate whether the proposed amendment to extend the list of activities covered by the Supplementary Insurance Scheme for Hazardous Work (SCTR) with a view to including a certain number of agricultural activities in Annex V of the Regulations issued under Act No. 26790 on the modernization of social security for health care, as approved by Presidential Decree No. 009-97-SA of 1997, had been adopted, and whether there were plans to continue extending protection against employment injury to other categories of agricultural and industrial workers with a view to progressively achieving full coverage. The Committee notes the Government’s indication in its report that the Ministry of Agriculture has reported that Presidential Decree No. 009-97-SA still does not include in Annex V categories of agricultural workers, and only includes work relating to the extraction of wood and veterinary work. The Committee also notes the Government’s indication that Presidential Decree No. 008-2010-SA, issuing the Regulations under Act No. 29344, the Framework Act on universal health insurance, provides in section 105 that the coverage of the SCTR shall be granted to all persons who work, in accordance with section 19 of Act No. 26790 of 1997 on the modernization of social security for healthcare, and that the Ministry of Health shall approve the progressive implementation of the list set out in Annex V with a view to its universal application. The Committee also notes the observations of the CATP which refers to the difficult conditions faced by workers in the agro-industrial sector, “which not only give rise to diseases and health problems that do not enable them to work properly, but are a threat to their personal safety and survival”. The Committee notes this information and requests the Government to report any developments relating to the inclusion of categories of agricultural workers in Annex V of Presidential Decree No. 009-97-SA of 1997.

Part I (General provisions). Article 3 of Convention No. 102. Declaration appended to the ratification. In its previous comments, the Committee requested the Government to provide information, in accordance with Article 3 of the Convention, on the measures adopted to progressively extend the scope of the persons covered, with an indication of whether the reasons for maintaining reduced coverage subsist (50 per cent of the workers in enterprises with more than 20 employees, as declared by the Government at the time of ratification), or whether it renounces the right to avail itself of this exception in future. The Committee notes the Government’s indication that, by means of: Act No. 28015 of 2003 to promote and formalize micro and small enterprises; Legislative Decree No. 1086 of 2008 approving the Act to promote the competitiveness, formalization and development of micro and small enterprises and access to decent work; Presidential Decree No. 008-2008-TR; and Presidential Decree No. 013-2013-PRODUCE, it is intended to extend coverage by social protection for workers in micro and small enterprises, setting registration with the comprehensive health insurance scheme (SIS) as the minimum floor for microenterprises, the social security health system (EsSALUD) for micro and small enterprises and, in relation to social insurance, the possibility to register with either the national pensions system (SNP) or the private pensions system (SPP), or also with the social pensions system (SPS). However, the Committee notes the Government’s indication that the SPS, governed by Legislative Decree No. 1086 of 2008, has not yet been established as regulations have not yet been issued. In light of the legislative developments in relation to micro and small enterprises through Presidential Decree No. 013 2013-PRODUCE, the Committee requests the Government to provide information on the measures adopted or envisaged to give effect to this legislation. The Committee requests the Government to indicate whether the implementation of the legislation will result in an increase in the percentage of persons protected which will mean that it can renounce the exceptions of which it is availing itself under Article 3 of the Convention in relation to Articles 9(d), 12(2), 15(d), 18(2), 27(d), 48(c) and 55(d). The Committee also once again requests the Government to indicate whether it intends to avail itself in future of the exception envisaged in Article 3, in accordance with the Convention.

Part II (Medical care). Article 10(2). Cost-sharing by beneficiaries for medical care. The Committee requests the Government to provide detailed information on the application of the Convention in practice in relation to the cost-sharing by beneficiaries for medical care, such that it avoids hardship, both for the public health system (Essential Health Insurance Plan – PEAS – and the comprehensive health insurance scheme – SIS), and for private health insurance schemes.

Part V (Old-age benefit). Article 27(d) in relation to Article 3. Persons protected. With reference to its previous comments relating to the principle of guaranteed minimum benefits, the Committee requested the Government to provide information on the measures taken to extend the Pension 65 Programme to all regions of the country, together with details of its implementation and the progress made in this regard. The Committee notes the Government’s indication that the Pension 65 Programme began by being introduced progressively in the poorest areas of Peru and that, in accordance with the single final supplementary provision of Presidential Decree No. 006-2012-MIDIS of 2012, the coverage provided by the programme was extended to persons living in the departments in which the “Gratitud” Pilot Solidarity Assistance Programme was operating, until it covers the whole of the country, and that according to 2016 data, a total of 196 provinces and 500,000 people are covered. The Committee welcomes the positive information provided and requests the Government to continue providing information on any progress achieved in the implementation of the Pension 65 Programme, and particularly on the extension of the number of persons protected. In this regard, the Committee requests the Government to indicate whether the possibility of renouncing the exceptions declared under Article 3 of the Convention has been examined. The Committee also requests the Government to provide statistical data on the number of protected employees who work in industrial enterprises with at least 20 workers, in relation to each pension scheme, with a view to assessing the application of Article 27(d) of the Convention in relation to the exception declared under Article 3 of the Convention.

Article 28, in relation to Article 65. Rate of the benefit. In its previous comment, the Committee requested the Government to provide information on the minimum amount of each type of pension referred to in comparison with the minimum replacement rates set out in the Convention, and to indicate how such amounts are adjusted. The Committee notes the Government’s indications that the provisions which over time have been regulating the manner in which the reference wage is calculated are: Legislative Decree No. 19990 of 1973, which created the National Social Security Pensions System, section 73; Legislative Decree No. 25967 of 1992; and Presidential Decree No. 099-2002-EF in relation to the SNP. The Committee observes that these texts also regulate the rate of the benefit. In relation to the SPP, the Committee noted previously the Government’s confirmation that a replacement rate is not guaranteed in the SPP. The Committee recalls that Article 65 of the Convention provides that the rate of the benefit, or the replacement rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, for the standard beneficiary indicated in the Schedule appended to Part XI of the Convention, at least 40 per cent of the total of the previous earnings of the beneficiary and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary. The Committee therefore requests the Government to provide statistical data so that it can fully assess the extent to which the old-age benefits of the SNP attain the level prescribed by the Convention. More specifically, the Committee requests the Government to indicate: (i) the amount of the wage of the skilled manual male employee selected; and (ii) the amount of benefit granted during the time basis and the amount of family allowances, if any, payable during employment and during the contingency, for the spouse, for a period equivalent to the time basis.

Finally, the Committee requests the Government to provide information on any measures that it has been considered appropriate to adopt in relation to the SPP to give effect to these Articles of the Convention.

Articles 29(2) and 63(2). Reduced old-age benefit with a qualifying period of 15 years of contribution and reduced survivors’ benefit. The Committee notes the allegation by the CATP that the Insurance Standardization Office (ONP) denied old-age pensions in 2013 to 21,560 people who could not demonstrate at least 20 years of contribution. The Committee notes the Government’s indication that, starting with the entry into force in 1992 of Legislative Decree No. 25967, the minimum period of contribution required for entitlement to the pension was set at 20 years for both men and women for the general scheme. The Committee also observes that section 51 of Legislation Decree No. 19990 of 1973 provides that, for entitlement to a survivors’ benefit, the deceased insured person must have been entitled to an old-age or invalidity pension. The Committee requests the Government to report on the manner in which effect is given to Article 29(2) of the Convention, which provides that where the benefit is conditional upon a minimum period of contribution or employment, a reduced old-age benefit shall be secured after a qualifying period of 15 years, as well as Article 63(2)(a) respecting the provision of a reduced benefit to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution.

Article 30. Provision of benefits throughout the contingency. In its previous comment, the Committee noted that the old-age benefits managed within the private administration system are calculated on the basis of the capital accrued in the individual accounts of each insured person. Once the capital is exhausted, the entitlement to a pension may cease to exist and insured persons who exceed the average life expectancy could be deprived of their sole source of income (see section 45, programmed retirement, of the single harmonized text of the Act on the private system of administration of pension funds, approved by Presidential Decree No. 054-97-EF). The Committee concluded that such a situation is not consistent with the principle laid down in international Conventions whereby benefits are to be paid throughout the contingency at a guaranteed minimum rate. The Committee also notes the Government’s reference to Act No. 30425 of 2016, amending the single harmonized text of the Act on the SPP, and the 24th final and transitional provision of the single harmonized text of the Act on the SPP, under the terms of which an insured person as from 65 years of age is entitled to “choose between the provision of the pension to which she/he is entitled under any retirement system”, or apply to the pension fund administrator (AFP) to “provide up to 95.5 per cent of the total funds available in her/his individual capital account (CIO)”. An insured person who adopts this option shall not be entitled to any guaranteed state benefit, and this includes insured persons covered by the special early retirement scheme (REJA). The Committee recalls that Article 30 of the Convention requires that old-age benefits shall be granted throughout the contingency. The Committee requests the Government to provide information on any measure that it is considered appropriate to adopt in relation to the SPP to ensure that it complies with the requirement set out in this Article of the Convention.

Part IX (Invalidity benefit). Article 56 (in relation to Article 65). Rate of the benefit. The Committee requests the Government to indicate whether the rate of invalidity benefit attains, irrespective of the type of pension selected (in the SPP or SNP), the percentage set out in the Convention for a standard beneficiary.

Part XIII (Common provisions). Article 70(1). Right of appeal of claimants of social security benefits. In its previous comments, the Committee requested the Government to provide information on the repercussions in practice of the ruling in Case No. 05561 2007 PA/TC of 24 March 2010, in which the Constitutional Court (TC) found that the participation of the Insurance Standardization Office (ONP) in court proceedings pertaining to the payment of statutory or accrued interest on pensions to be an “unconstitutional state of affairs”. The Committee also urged the Government to speed up the process of the assessment and payment of benefits due to workers by simplifying complaint and appeal procedures. The Committee notes the Government’s indication that all processes relating to the payment of statutory and accrued interest have been settled in accordance with the ruling of the Constitutional Court and notes a list of cases attached. The Committee also notes with interest the information provided by the Government on the creation of the Administrative Tribunal on Social Security with a view to making appeal processes more flexible, and hopes that this development will make it possible to give effect to the right of persons protected to lodge complaints and appeals, as envisaged in the Convention. The Committee requests the Government to provide information on the time limits for dealing with cases, the rules applicable in the event of appeal and the merits of complaints and appeals to the Administrative Tribunal on Social Security.

Article 71(1) and (2). Collective financing of social security. In its previous comments, the Committee requested the Government to explain the extent to which the principle of the collective financing of social security is given effect in the national pensions system. The Committee notes the confirmation by the Government that in the SNP, which forms part of the public pensions system, contributions are entirely borne by insured persons, in accordance with section 2 of the Second Transitional Provision of Act No. 26504 of 1995 adopting modifications, among others, to the SNP and the private pension fund system. The Government indicates that the employer only acts as an agent for the deduction of contributions. The Committee recalls that it noted previously that, also in the private pensions system, contributions are only made by insured persons to individual capital accounts and for the financing of premiums for old-age, invalidity and survivors’ insurance, and that the administrative costs are solely borne by workers registered with the AFP. The Committee wishes to recall once again that Article 71 of the Convention provides that the cost of social security benefits and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation in a manner which avoids hardship to persons of small means (paragraph 1) and such that the cost of the total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children (paragraph 2). The Committee requests the Government to indicate the origin of the resources for each system examined for each of the Parts of the Convention that have been accepted, with an indication in particular of the rate or the amount of the deductions made from earnings to finance the system, either through contributions or taxation, and the insurance contributions borne by the employees protected.

Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and the proper administration of institutions and services. Health system. In its previous comments, the Committee observed that Act No. 29344 of 2009 provided for at least nine alternatives for insurance in the health branch, administered by public, private and mixed bodies, and it suggested that the Government examine the possibility of a simplification of the system to achieve the harmonization and rationalization of health services. The Committee notes the allegation by the CATP concerning the high level of fragmentation of health schemes, with the coexistence of various systems which suffer from a lack of communication between them and that this situation is an obstacle to the achievement of economies of scale and is a source of inequality. The CATP also alleges that there are inefficiencies in the comprehensive health insurance scheme (SIS) intended for persons living in poverty and extreme poverty and that important weaknesses have been identified in the framework of the EsSALUD insurance scheme, such as the approval of special contribution schemes for specific groups who are not vulnerable, which has a negative impact on the income of EsSALUD. The Committee requests the Government to provide information on the measures adopted with a view to improving the administration of health services. It also requests the Government to indicate the measures adopted to improve effective access to health services, and more specifically to explain how the provision of medical care and sickness benefit is guaranteed in the manner and at the levels required by the Conventions for all persons protected.

Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and for the proper administration of institutions and services. Social security. In its previous comment, the Committee observed that the obligation to improve the collection of social security contributions falls within the State’s general responsibility for the proper administration of social security institutions and services under the terms of Article 72 of the Convention and it requested the Government to intensify its efforts on the issues of the payment of contributions by employers, to reinforce collaboration between social security institutions and the tax authorities, and to provide information on the legislative progress achieved with regard to the bills proposing that the National Supervisory Authority for Tax Administration (SUNAT) takes over the functions of the collection of contributions and inspection for the SNP and the SPP. The Committee notes with interest the Government’s indication concerning the creation of the National Supervisory Authority for Labour Taxes (SUNAFIL), through which it has been possible to increase efforts to ensure compliance in the areas referred to above. The Committee notes that the SUNAFIL has concluded two agreements for inter-institutional cooperation with the EsSALUD and the SUNAT for the purposes, among others, of developing mechanisms and procedures of inter-institutional cooperation, the exchange of information on the processes developed by the various institutions and the establishment of joint supervisory and/or inspection of compliance with social security obligations. The Committee also notes the information provided by the Government that, according to the reports of the Labour Inspection Information System (SIIT), the Labour Inspection System (SIT) has issued a number of inspection orders and guidance on the registration of workers with the social security system. The Committee requests the Government to continue providing statistical data on the results achieved by the SUNAFIL and the action of the SIT in combating evasion of the requirement for registration with the social security system and in improving the collection of contributions in practice, and to provide information on any other measures adopted or envisaged to attain these objectives.

Article 72(1). Participation of insured persons in management. Health system. In its previous comment, the Committee requested the Government to examine the possibility of the establishment in private health providers (EPS), institutional providers of health services (IPRESS) or private health insurance companies of a mechanism through which representatives of insured persons could participate in their management or be associated with them in an consultative capacity, without prejudice to the public oversight mechanisms that may be established in due course by regional or local governments, with a view to bringing the legislation into accordance with Article 72(1) of the Convention. The Committee notes the allegation by the CATP that, in the health sector, the participation of insured persons is not envisaged in health insurance fund administrators (IAFAS), EPS, IPRESS, or private health insurance companies. The Committee once again requests the Government to indicate the measures adopted or envisaged in the private health insurance sector in relation to the right of the representatives of the persons protected to participate in their management or to be associated with them, in a consultative capacity, in accordance with the required conditions.

The Committee notes the reports provided on the application of Conventions Nos 112, 113 and 114. The Committee also notes the information provided by the Government that the Work in Fishing Convention, 2007 (No. 188), is in the process of being submitted to the competent authorities. The Committee requests the Government to provide information on any developments relating to the possible ratification of Convention No. 188.

The Committee notes that the Government refers to the establishment of a Multi-sectoral Commission which prepared a report on work in the fishing sector. The report addresses various subjects, including the revision of Presidential Decree No. 009-76-TR, which regulates the employment contracts of anchovy fishers on small vessels and determines the labour regime of fishers. The Committee requests the Government to provide information on any action taken to follow-up on the report.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them in a single comment.

Minimum Age (Fishermen) Convention, 1959 (No. 112). Article 2 of the Convention. Minimum age. The Committee previously requested the Government to specify the applicable national legislation respecting the minimum age for work in fishing. While noting the information provided by the Government, the Committee notes that the legislation that is currently in force does not contain a provision setting in general the minimum age of 15 years for artisanal fishing in accordance with Article 2 of the Convention. The Committee observes in this regard that, according to the information provided by the Government, the proposed new Code for Children and Young Persons, prepared in 2011, which raises the general minimum age for admission to work or employment from 14 to 15 years, is still in the process of being examined by the State. The Committee requests the Government to take the necessary measures to bring the legislation into full conformity with this provision of the Convention.

Medical Examination (Fishermen) Convention, 1959 (No. 113). Article 3 of the Convention. Consultation with organizations of fishing boat owners and fishers. The Committee notes Departmental Decision No. 0745-2018-MGP/DGCG, of 5 July 2018, approving the updating of the rules for the medical examination of seafarers, fishers, personnel on recreational vessels and bahía personnel. The Committee recalls that, in accordance with Article 3(1) of the Convention, the competent authority shall, after consultation with the organizations of fishing boat owners and fishers concerned, where such organizations exist, prescribe the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee requests the Government to indicate whether tripartite consultations were held prior to the adoption of the updated rules.

Article 4(1). Period of validity of medical certificates of young fishers. The Committee previously requested the Government to take the necessary measures to ensure that the medical certificate of young fishers has a maximum period of validity of one year, in accordance with the requirements of the Convention. The Committee notes in this respect the Government’s indication that a process is being undertaken of updating the existing rules, which includes the issue of the period of validity of the medical examination of young persons. The Committee requests the Government to take without delay the necessary measures to give effect to Article 4(1) of the Convention, which establishes a period of validity of one year for the medical certificates of young fishers.

Article 5. Examination by an independent medical referee. The Committee previously requested the Government to take the necessary measures rapidly to ensure that a person who, after examination, has been refused a certificate may apply for a further examination by an independent medical referee, in accordance with Article 5 of the Convention. The Committee regrets to note that the Government has not provided information on the adoption of the requested measures. The Committee therefore once again requests the Government to adopt without further ado the necessary measures to give effect to this requirement of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114). Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to take the necessary measures without delay to ensure that each fisher has written articles of agreement, signed both by the owner of the fishing vessel or his authorized representative and by the fisher, in accordance with the requirements of Article 3. The Committee regrets to note that, according to the information provided by the Government, no progress has been made in this respect. The Committee once again urges the Government to take the necessary measures without delay to give full effect to the provisions of Article 3 of the Convention.

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017, and the Government’s reply thereto.

The Committee notes the CATP’s indication that: (i) there are no standards on physical, chemical or ergonomic risks on the National Port Authority (APN) website, despite the existence of the Basic Ergonomics Standard and the Ergonomic Risk Assessment Procedures; (ii) with regard to training, the types of training on the APN website only mention the employers trained and not the workers. Furthermore, there is only one creative virtual induction system for all persons who have access to port facilities, including workers, which is not sufficient to train dockworkers; and (iii) despite the fact that occupational accident reports updated to 2016 can be found on the APN website, there is no information on occupational diseases or the corrective measures to be taken in the event of accidents. The website of the Ministry of Labour and Employment Promotion (Ministry of Labour) provides information on occupational accidents updated until 2017, but does not indicate if they occurred in the port sector.

The Committee notes the Government’s reply, indicating that the training options that appear on the APN website refer to the list of natural or legal persons specialized in port security and safety training activities, recognized by the APN. Regarding the occupational accidents published on the website of the Ministry of Labour and Employment Promotion, port activities are included in the “Transport, storage and communications” category. The Committee requests the Government to reply to the observations of the CATP regarding the standards applicable to physical, chemical and ergonomic risks in the port sector, and on the texts and practices that apply to the training of dockworkers.

Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comment, the Committee noted that the Government had undertaken intensive legislative work in this area and expressed the hope that the Government would gradually incorporate the requirements of the Convention into the National Standard on Occupational Safety and Health in Dock Work so as to ensure that the regulations issued by the port authorities are in conformity with the Convention. The Committee notes the Government’s indication that it has incorporated the requirements of the Convention into the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (the SSOP Standard), and that the draft standard was the subject of consultations with the general public. The Government indicates that, following the consultations, the draft was amended and is currently being revised and evaluated by the Legal Advisory Unit of the APN. Furthermore, the Committee notes the adoption of Decision No. 044-2017-APN/DIR of 26 July 2017 approving the Technical Standard on Port Security; and Decision No. 39-2018-APN/DIR approving the Manual for Harmonized Audits. The Committee hopes that the Government will approve without delay the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (SSOP Standard), in accordance with the provisions of the Convention, and that this new frame of reference will enable the Government to provide more precise and detailed information on the application of the following articles of the Convention.

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. In its previous comment, the Committee requested the Government to provide a copy of the amended SSOP Standard, incorporating the above definitions, once it had been approved. The Committee notes that the Government reports the ongoing revision and evaluation of the draft standard by the Legal Advisory Unit of the APN. The Committee hopes that the updated SSOP Standard will incorporate the above-mentioned definitions. Regarding the definitions of competent person, responsible person and authorized person, the Committee considers it essential that the functions set out in certain Articles of the Convention are performed by persons who satisfy the requirements of the Convention. In this respect, the Committee requests the Government to ensure that, in accordance with the Convention: (i) the functions set out in Articles 13(4) and 18(4) are performed by an “authorized person”; (ii) the functions set out in Articles 22(1) and 23(1) and (2) are performed by a “competent person”; and (iii) the functions set out in Articles 19(2) and 24 of the Convention are performed by a “responsible person”. The Committee requests the Government to provide more detailed information on the manner in which effect is given to Article 3 of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee previously requested the Government to provide information on the consultations held with the organizations of employers and workers concerned, and to indicate the consultation mechanisms and the organizations consulted. The Committee notes the Government’s indications that the Board of the APN, which has regulatory powers, includes among its members representatives of the State, two representatives of the private sector, who represent port users, through their respective representative organizations, and a representative appointed by port authority workers, through their accredited representative organizations (section 25 of the Act on the National Port System). The Government also reports that the draft updated SSOP Standard, which is being evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government indicates that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on consultations of employers’ and workers’ organizations concerned in giving effect to the provisions of the Convention.

Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Committee notes the Government’s indication that section 1 of the SSOP Standard establishes that the objectives of, and compliance with, this standard shall be achieved through participation and communication between the port authorities, the workers and the APN. Section 4 establishes, inter alia, the principles of cooperation, consultation and participation. Section 10 recognizes the crucial nature of worker participation in the system for managing occupational safety and health. The Government also indicates that the draft updated SSOP Standard, which is being revised and evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government adds that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on collaboration between employers and workers or their representatives in the application of measures giving effect to the Convention.

Article 16(2). Transport of workers on land. The Committee notes the Government’s indication that Decision No. 011-2011-APN/DIR establishes a matrix for identifying and evaluating risks, and supervisory measures for activities in ports, including for the embarkation, transport and disembarkation of workers. The Government adds that this standard is in conformity with Decision No. 010-2007-APN/DIR. The Committee notes, however, that these two standards do not contain provisions regulating the transport of workers to or from a place of work on land. The Committee requests the Government to provide information on the effect given to this provision of the Convention.

Article 22. Lifting appliances. Frequency of tests. The Committee requested the Government to implement this Article of the Convention. The Committee recalled that this Article is very precise and provides that after any substantial alteration or repair the appliance shall be tested, lifting appliances forming part of a ship’s equipment shall be retested at least once in every five years and shore-based lifting appliances shall be retested at such times as prescribed by the competent authority. The Committee notes the Government’s indication that it will provide the requested information in the near future. Noting that this information has not been received, the Committee once again requests the Government to provide information on the effect given to this Article of the Convention.

Article 24. Inspection of loose gear. The Committee requested the Government to take the necessary measures to give legislative expression to Article 24 and to provide information on this point. The Committee notes the Government’s indication that the updated SSOP Standard would give effect to this Article of the Convention. The Committee requests the Government to indicate the provisions of the updated SSOP Standard that give effect to this Article of the Convention.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the Government’s indication that the records relating to the safe condition of a ship’s equipment are in conformity with the rules established in the International Convention for the Safety of Life at Sea (1974), to which Peru is a party. The Government adds that the Maritime Authority verifies during inspections that national and foreign vessels have certificates of the correct category for their lifting and lowering appliances. The Committee requests the Government to indicate which regulatory and legislative domestic provisions give effect to these Articles of the Convention. The Committee also requests the Government to provide examples of the records and certificates of lifting appliances and items of loose gear and reports of the inspections conducted by the Maritime Authority.

Article 20. Holds and cargo decks. Article 21. Lifting appliances: design and use. Article 23. Lifting appliances: visual examination every 12 months. Article 27. Lifting appliances: loads. Article 28. Lifting appliances: ship rigging plans. Article 29. Pallets and similar devices for supporting loads. Article 30. Requirements for loads to be slung before being raised or lowered. Article 35. Facilities envisaged in case of accident. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that the internal security regulations give expression to these Articles of the Convention and to provide information on this point. The Committee notes the Government’s indication that the draft updated SSOP Standard gives effect to these Articles of the Convention, but it is still being revised and evaluated by the Legal Advisory Unit of the APN. The Government also indicates that the requirements under Article 35 of the Convention are fulfilled by the Guidelines for the Preparation of Internal Dock Safety Regulations, Appendix 1 to Annex 1 of Decision No. 010-2007-APN/DIR. In light of the above, the Committee requests the Government to: (i) indicate the provisions of the revised SSOP Standard that give effect to these Articles of the Convention; and (ii) take the necessary measures to ensure that the internal dock safety regulations give effect to Articles 20, 21, 23, 27, 28, 29, 30 and 35 of the Convention, and to provide information on this point.

The Committee notes the Government’s first report.

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), communicated with the Government’s report. The Committee also notes the observations of the CATP received on 2 September 2018, and the Government’s reply to these observations.

Article 3 of the Convention. Health protection. Breastfeeding women. The Committee notes the allegation by the CATP that the legal texts referred to by the Government in its report (Act No. 28048 of 2003 on the protection of pregnant women engaged in work that endangers their health and/or the normal development of the embryo and the foetus, and its Regulations; and Act No. 29783 of 2011 on occupational safety and health, and its Regulations; and Ministerial Decision No. 374-2008-TR) refer to pregnant women and cannot therefore apply to breastfeeding women. The Committee notes the Government’s reply, and observes that the laws referred to establish the protection envisaged in this Article of the Convention for pregnant women, and that section 3 of Presidential Decree No. 009-2004-TR provides that this measure may be extended by individual or collective agreement until the end of the breastfeeding period, in view of the risks that can be transmitted to the newborn child through breast milk. The Committee requests the Government to indicate other measures taken or envisaged to ensure that breastfeeding women are not obliged to perform work which has been determined by the competent authority to be prejudicial to the health of the mother or the child, or where an assessment has established a significant risk to the mother’s health or that of her child.

Article 4(4). Minimum period of compulsory leave after childbirth. The Committee notes the information provided by the Government that by Act No. 30367 of 2015, the prenatal and postnatal leave periods were increased from 45 to 49 days (section 1 of Act No. 26644 of 1996, as amended by Act No. 30367 of 2015). The Committee notes that section 1 of Act No. 26644 of 1996, as amended, also provides that all or part of the prenatal leave may be deferred and added to the postnatal leave, at the discretion of the pregnant worker. The Committee requests the Government to indicate how it is ensured that the maternity leave period includes a period of six weeks’ compulsory leave after childbirth.

Article 5. Leave in case of illness or complications. The Committee requests the Government to indicate whether the national legislation provides for leave before or after the maternity leave period in the case of illness, complications or risk of complications arising out of pregnancy or childbirth, and to indicate the nature and the maximum duration of such leave.

Article 6(5). Conditions to qualify for cash benefits. The Committee notes the Government’s indication that the maternity allowance is the amount of cash to which women insured through the social security health system (EsSALUD) are entitled as compensation for loss of earnings resulting from childbirth and the needs to care for the newborn child where, among other conditions, they have paid contributions for three consecutive or four non-consecutive months during the six calendar months prior to the month in which the allowance begins. The Committee requests the Government to indicate how it is ensured that the conditions to qualify for cash benefits can be satisfied by a large majority of the women to whom the Convention applies, including those engaged in non-standard forms of dependent work, and to indicate the number of women to whom the conditions set out in national legislation apply.

Article 6(6). Benefits out of social assistance funds. The Committee notes the allegation by the CATP that maternity benefits are only provided to women insured through the EsSALUD contributory system, which excludes the most vulnerable women workers in the country. The Committee requests the Government to indicate the manner in which it is ensured that, where a woman protected by the Convention does not meet the conditions to qualify for cash benefits, she is entitled to adequate benefits out of social assistance funds, subject to the means test required for such assistance.

Article 6(7). Medical benefits. The Committee requests the Government to indicate whether the medical benefits that should be guaranteed to all women protected under the Convention include prenatal, childbirth and postnatal care, as well as hospitalization care when necessary.

Article 8(1). Employment protection and non-discrimination. The Committee notes the Government’s indication that section 29 of the single consolidated text of Legislative Decree No. 728, the Labour Productivity and Competitiveness Act of 1997, provides that any termination of employment motivated by pregnancy, childbirth and its consequences or nursing shall be null and void if the termination occurs at any time during the pregnancy or the first 90 days after childbirth, where pregnancy is assumed to be the basis for termination if the employer provides no evidence of a just cause for termination. The Committee also notes that section 6 of Act No. 30709 of 2017, which prohibits wage discrimination between men and women, prohibits the employer from terminating or failing to renew the employment contract on grounds related to the fact that women workers are pregnant or nursing. The Committee notes that the CATP reports a possible absence of application in practice of this provision of the Convention and alleges that there are many legal and administrative complaints demonstrating the violation of this right. The Committee requests the Government to provide information on any court rulings setting aside dismissals on grounds of pregnancy, childbirth and its consequences, or nursing.

Article 9(1). Non-discrimination in employment. The Committee notes the Government’s indication that Act No. 26772 of 1997 provides that employment offers and access to educational training facilities shall not impose requirements that constitute discrimination or that undermine or impair equality of opportunity or treatment. The Committee requests the Government to indicate the measures that ensure that maternity does not constitute grounds for discrimination, not only in access to employment, but also in employment, and the measures adopted to give effect to the provisions of this Article of the Convention, including such reparations and sanctions as may be deemed appropriate.

Comments adopted by the CEACR: Peru

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C019 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C078 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C112 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C152 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Peru

Display the list by:

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C169 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C019 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C078 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C112 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C152 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)