Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Peru (Ratification: 1970)

The Committee notes the observations of the National Confederation of Private Business Institutions (CONFIEP), received on 29 August 2024; the Autonomous Workers’ Confederation of Peru (CATP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 31 August 2024; and the CATP, received on 1 September 2024. The Committee requests the Government to provide its comments in this regard.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication in its report that the Platform for the Registration of Cases of Work-related Sexual Harassment recorded 789 cases in 2021, 1,054 in 2022 and 1,449 in 2023, and that 91.4 per cent of the victims were women. The Government adds that: (1) the “Work without Harassment” service has been strengthened, leading the way to its implementation in various regions of the country and its coordination with the Ministry of Women and Vulnerable Populations with a view to ensuring comprehensive support for victims of work-related sexual harassment; (2) activities are being undertaken to raise the awareness of more enterprises throughout the country concerning the requirement to prevent and report cases of work-related sexual harassment through the Platform for the Registration of Cases of Work-related Sexual Harassment; (3) through the “State without Harassment” service, the human resources departments of public bodies report twice a year on complaints and the measures adopted for the prevention, investigation and punishment of work-related sexual harassment (in 2024, the service dealt with 413 calls, of which 74 consisted of complaints of sexual harassment, and undertook 45 training activities for public bodies); and (4) the campaign “Let’s Stop Sexual Harassment at Work” was launched, which includes a test to help people identify whether they have suffered from this type of harassment. The Committee welcomes the Government’s efforts and requests it to continue providing information on the number of cases identified, the penalties imposed and the remedies granted.

Article 1(1)(b). Other grounds. Disability. The Government has provided information on: (1) the National Multisectoral Development Policy for Persons with Disabilities up to 2030, which includes the promotion of decent work, the organization of inclusive fairs and the strengthening of capacities for labour market integration, as well as the creation of the Multisectoral Working Group to promote the employment quota for persons with disabilities; (2) monitoring of the employment quota for persons with disabilities in the public and private sectors, on which 143 inspections were carried out in 2023, with 39 infringement notices being issued; (3) the provision for enterprises, persons with disabilities and the general public of examples of successful experiences of reasonable accommodations by public and private bodies; and (4) the holding in 2023 of the Symposium on reasonable accommodations in the public sector and the provision of technical assistance on disability to over 4,400 persons in 117 public establishments. The Committee notes that: (1) the CGTP, CUT-Peru and CATP indicate in their observations that it is necessary to gather information on existing gaps in the access to education of persons with disabilities and in their access to employment; and (2) the CONFIEP indicates in its observations that persons with disabilities suffer from a significant shortage of training. The Committee also notes that the United Nations Committee on the Rights of Persons with Disabilities, in its concluding observations in 2023, expressed concern at the persistently low employment rate among persons with disabilities, the failure in practice to fill employment quotas and the lack of inclusiveness and accessibility in educational and vocational training programmes (CRPD/C/PER/CO/2-3, of 29 November 2023, paragraph 54). The Committee requests the Government to continue providing information on the implementation of employment quotas and reasonable accommodations, and the labour market participation of persons with disabilities. It also requests the Government to provide information on the measures adopted to ensure equality of opportunity and treatment for persons with disabilities in access to education, training and employment and occupation.

Article 2. Domestic work and work in the agricultural sector. The Committee notes the information provided by the Government on the various training and awareness-raising activities undertaken to promote the rights of domestic workers, including the web application “Registration System for Domestic Work”, the forum on progress and challenges in the implementation of Act No. 31047 and communication campaigns such as “Your Household and My Rights” and “Stop Informality”. The Committee also notes that, according to the Government’s indications, between 2017 and 2024, the judicial authorities dealt with 61 cases relating to the granting of social benefits to domestic workers. In this regard, the Committee notes that the CGTP, CUT-Peru and CATP indicate in their observations that: (1) discrimination persists in the domestic work sector due to the lack of access to information on labour rights and effective protection mechanisms, and training and awareness-raising are necessary for both workers and employers, combined with more inspection; and (2) the National Federation of Domestic Workers alleges that there is inadequate monitoring and enforcement of Act No. 31047 of 2020 on domestic workers. In this regard, the Committee refers to its comments on the application of the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to provide information on training, awareness and inspection activities carried out in the domestic work sector to ensure the effective application of Act No. 31047 and reinforce the access of domestic workers to the labour justice system. It also requests information on the application of the legislation in the agricultural, irrigation, agro-export and agro-industrial sectors with a view to assessing its effectiveness in the elimination of discrimination and the promotion of equitable access to formal employment.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that, since the conclusion of the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation in 2021, the National Decent Work Policy has been adopted. In this regard, the Government indicates that women have accounted for: (1) 44 per cent of the beneficiaries of vocational training to develop labour market skills; (2) 38 per cent of the beneficiaries of capacity-building and assistance for enterprise management and productivity through technological innovation and the internationalization of enterprises; (3) 41 per cent of persons who had sustainable and effective access to the enterprise financing service and the same percentage who had access to financing in the agricultural sector, while the participation rate of women in credit in the fishing and aquaculture sector was 25 per cent, in comparison with 75 per cent for men. The Committee also notes the indication by the CGTP, CUT-Peru and CATP in their observations that they have been requesting information since 2019 on the implementation and results of the National Gender Equality Policy. The Committee notes the detailed statistical data provided by the Government on the percentage of women who benefited between 2021 and 2023 from labour skills certification and job search services, such as the Single Labour Certificate and the “Wiñay Warmi” project for access to employment. The Committee requests the Government to provide information on: (i) the evaluation of the Sectoral Plan for Equality and Non-discrimination; (ii) the National Decent Work Policy; and (iii) the National Gender Equality Policy, with an indication of the number of beneficiaries, disaggregated by sex, and the results in terms of the participation of men and women in employment and occupation.

Articles 2 and 3. Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes the Government’s indication that it will provide additional information on the evaluation of the National Development Plan for the Afro-Peruvian Population 2016-20 and on the progress in drawing up the National Policy for the Afro-Peruvian Population 2030. In this respect, the Committee recalls that the Convention envisages that the results achieved in the implementation of the national equality policy are regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuing basis and informing the adoption of future strategies (General Survey of 2012 on the fundamental Conventions, paragraph 847). The Committee notes the reference by the CGTP, CUT-Peru and CATP in their observations to the results of the national survey undertaken by the Ministry of Culture in 2018 on perceptions of and attitudes to cultural diversity and ethno-racial discrimination, which concluded that the indigenous, Afro-Peruvian and Amazonian population in Peru is perceived as being subject to acute discrimination for reasons of appearance, language and stereotypes, which aggravates their underemployment in comparison with White and Mestizo workers (37.8 per cent). The Committee requests the Government to provide information on: (i) the evaluation of the National Development Plan for the Afro-Peruvian Population 2016–2020, including the results achieved and the challenges identified in relation to the activity and occupation rates of the indigenous and Afro-Peruvian population in the formal and informal economy; (ii) the progress achieved in formulation and implementation of the National Policy for the Afro-Peruvian Population 2030. The Committee once again requests the Government to provide information on the number of cases of ethnic and racial discrimination in the work environment, and on the measures adopted to facilitate the training of labour inspectors and other competent officials to deal with such cases.

Labour inspection. The Committee notes the Government’s indication that the National Labour Inspection Supervisory Authority (SUNAFIL) issued 26 notices relating to discrimination in access to work, without providing further details. The Committee also notes the indication by the CGTP, CUT-Peru and CATP in their observations that, according to the reports of the SUNAFIL, 839 inspection orders were issued in 2021 and 2022 on work-related discrimination, with cases relating to sex and gender, sexual harassment and remuneration predominating. The trade unions add that the labour inspection system needs to be updated to compile information disaggregated by discriminated populations (on the grounds, among others, of sex, gender, ethnic and racial origin). In this regard, the Committee once again requests the Government to provide detailed information on the measures planned and adopted to furnish the labour inspection services with the capacities and tools necessary to identify and deal with cases of discrimination in employment and occupation. The Committee also requests the Government, in so far as possible, to provide statistical data on the cases of discrimination dealt with by the authorities, disaggregated by grounds of discrimination, including the final decisions issued, penalties imposed and remedies granted.