Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Perú (Ratificación : 1960)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Perú (Ratificación : 2021)

The Committee welcomes the ratification by Peru of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee requests the Government to provide detailed information on the application of the Protocol, in accordance with the report form adopted by the Governing Body.

The Committee also notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2023.

Articles 1(1) and 2(1) of the Convention. 1. Action to combat forced labour. (i) National plan against forced labour. The Committee notes the information provided by the Government in its report on the measures taken under the Third National Plan to combat forced labour 2019–22 (PNLCTF-III). It notes in particular that: (i) the Ministry of Labour and Employment Promotion (Ministry of Labour) worked with the regional labour departments and directorates to coordinate actions on forced labour in regional or local plans; (ii) teams were formed and trained to raise public awareness of forced labour in ten regions; (iii) training activities were implemented for the general public and for public servants on how to identify and report possible cases of forced labour; and (iv) progress was made on formulating a proposal for a national multi-sectoral policy for the prevention and elimination of forced labour with the assistance of the ILO.

The Committee notes with interest the adoption in 2021 of Act No. 31330, declaring the implementation of public policies for the prevention and elimination of forced labour, and the setting up of the National Observatory on Forced Labour, to be of public interest, as well as its regulations (Supreme Decree No. 005-2022-TR). Under section 9 of these regulations, the goal of the Observatory is to generate, compile, consolidate, systematize, analyse and disseminate information held by public bodies on forced labour, and thereby to strengthen public policies that help to eliminate it. The Observatory’s activities include the development of forced labour indicators, the production of statistics on forced labour, and the provision of technical and methodological advice on forced labour to national and regional bodies. The Government also indicates that, since May 2022, steps have been taken to make the Observatory operational, including carrying out an institutional analysis and formulating an implementation strategy and training plan.

The Committee also notes that the CATP in its observations points out that, despite the fact that Act No. 31330 provides that the Ministry of Labour shall send an annual report to Congress regarding progress on the implementation of public policies to prevent and eliminate forced labour, this report has not been made available to the trade unions belonging to the National Council for Labour and Employment Promotion. Nor have the unions been able to access information on the status of activation of the Observatory, the results of the surveys on the prevalence of forced labour, and the evaluation of the PNLCTF. The CATP also refers to the limited operational capacity of the public institutions responsible for the elimination of forced labour.

The Committee requests the Government to continue its efforts to prevent and combat forced labour by strengthening the capacity of institutions that have responsibility in this area, and by the adoption, in consultation with the employers’ and workers’ organizations, of the national multi-sectoral policy for the prevention and elimination of forced labour. In this regard, the Committee requests the Government to provide information on the activities of the National Observatory on Forced Labour and the results of the evaluations carried out by the National Committee on Combating Forced Labour (CNLCTF). Lastly, the Committee requests the Government to provide statistical information on the scale of forced labour in the different regions of the country.

(ii) Strengthening of labour inspection. With regard to the capacity of the labour inspectorate to identify situations of forced labour, the Committee recalls the existence of the Specialist Inspection Group on forced and child labour (GEIT-TFI), as well as a Protocol of Action against forced labour adopted by the National Labour Inspection Supervisory Authority (SUNAFIL). The Committee notes that the Government indicates in general terms that between 2022 and 2023 a total of 110 inspection orders were issued, but does not specify the number of cases in which possible situations of forced labour were identified. The Committee also notes the CATP’s observation that in 2021 a total of 47 inspections were carried out in the area of forced labour (11 as a result of complaints and 36 as SUNAFIL operations) and that, of the 47 inspections, 8 resulted in violation reports, but it is not known whether the fines imposed were actually paid or whether these cases were referred to the Public Prosecutor’s Office to initiate the corresponding criminal proceedings.

The Committee recalls that labour inspection is an essential link in the fight against forced labour, since it not only enables workers to be released from the situations of forced labour in which they find themselves but also provides evidence to be gathered that will serve to initiate civil and criminal prosecutions against the perpetrators of these practices. The Committee encourages the Government to continue taking measures to strengthen the capacity of labour inspectors to identify situations of forced labour, particularly for the Specialist Inspection Group on forced and child labour (GEIT-TFI) in areas and economic activities where forced labour is present. The Committee requests the Government to provide information on violations involving forced labour which have been detected and also on other very serious labour violations which can be indicators of forced labour. The Committee also requests the Government to indicate the number of cases of forced labour identified by the labour inspectorate which have been referred to the Public Prosecutor’s Office for the purpose of instituting criminal proceedings.

(iii) Effective application of penalties. The Committee notes the Government’s indication that actions were carried out in the context of the PNLCTF-III to train judicial officials in the investigation and prosecution of the crime of forced labour and the Protocol of the Public Prosecutor’s Office for prosecution action in the prevention, investigation and punishment of cases of forced labour was adopted. The Committee also notes that between 2019 and 2021 8 criminal proceedings for forced labour (section 129-O of the Penal Code) were carried out, of which 4 cases resulted in convictions (in 1 case the defendant was acquitted and in the other 3 cases a custodial sentence was imposed); 18 criminal proceedings for the offence of sexual exploitation (section 129-C of the Penal Code), 9 of which resulted in convictions (in 3 cases the defendant was acquitted and in the other 6 cases a custodial sentence was imposed); and 2 criminal proceedings for the offence of slavery and other forms of exploitation (section 129-Ñ of the Penal Code), which are at the investigation stage.

The Committee notes that, in its observations, the CATP indicates that the number of cases of forced labour reported is very low, which could be due to lack of knowledge of the problem and of the concept of forced labour, or of which authorities forced labour should be reported to. The CATP considers that training and awareness-raising strategies should focus on population groups most vulnerable to forced labour, mainly in the regions most at risk, and on officials who come into direct, ongoing contact with these groups.

The Committee requests the Government to continue taking steps to train judicial officials to enable proactive identification and investigation of situations of forced labour; to inform the public, especially in areas with a high prevalence of forced labour, regarding the means that exist to report situations of forced labour; and to facilitate access to such mechanisms. The Committee also requests the Government to continue providing information on the judicial proceedings under sections 129-O (forced labour), 129-C (sexual exploitation) and 129-Ñ (slavery and other forms of exploitation) of the Penal Code, and also on the difficulties encountered by judicial officials in conducting investigations in relation to these crimes.

2. Forced labour practices connected with illegal logging and illegal mining. In its previous comments under the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee noted the allegations relating to the practice of forced labour in indigenous communities in Peruvian Amazonia, particularly the Ucayali region, linked to illegal timber extraction under a system known as habilitación. This system involves timber dealers from outside the community providing indigenous workers with work and subsistence items, establishing debts that the workers are required to pay by providing timber.

The Committee notes the Government’s indication that, within the framework of the PNLCTF-III, case studies were examined in the regions of Cusco, Loreto, Madre de Dios, Puno and Ucayali, revealing the presence of forced labour in activities linked to illegal timber extraction and gold mining. According to the records of the National Committee on Combating Forced Labour (CNLCTF), training and awareness-raising activities have been carried out for public servants and the general public in the regions of Junín, Lima Provincias, Madre de Dios, Moquegua, Pasco, Piura, Puno, San Martín, Tacna, Tumbes and Ucayali, with 79 participants (record of ordinary session No. 133 of January 2024). The Committee further notes that the Government, the Regional Directorate of Labour and Employment Promotion of Ucayali (DRTPEU) and the ILO held a workshop on forced labour and safety and health in work areas, which addressed representatives of indigenous communities in Ucayali.

The Committee also notes that, according to the information provided by the Government in the report on Convention No. 169, none of the specialist prosecution offices (dealing with environmental matters and cases of organized crime) in the Ucayali special district identified complaints relating to forced labour (the habilitación system). The Government indicates that SUNAFIL, the Ministry of Labour and the regional government have coordinated actions aimed at establishing a regional committee in Ucayali for tackling the problem of forced labour. In this regard, the Committee notes that while the trade unions (CGTP, CUT and CATP) indicate in their observations on Convention No. 169 that the proposal to set up a regional committee is to be recommended, they emphasize that this should not only be a coordination forum for the authorities and they highlight the lack of information on the results achieved by the national plan and strategy for combating forced labour.

The Committee also notes that, according to surveys of members of the regional round tables, networks and committees against trafficking in persons (the results of which are included in the National Plan up to 2030 against trafficking in persons and related forms of exploitation), 41 per cent of those surveyed consider that scrutiny of illicit activities such as illegal logging and illegal mining is non-existent in both urban and rural areas, and 29 per cent consider it to be ineffective. The Committee also notes that 25 per cent of respondents consider that inspection of spaces and activities in areas where the risk of labour and sexual exploitation is prevalent is non-existent in rural areas; 39 per cent consider that it occurs occasionally in rural areas; and 28 per cent consider that these preventive actions are never carried out anywhere. The Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2023, noted that forced labour persists, especially in the extractive industries, including in areas with significant mining activities and in informal and small-scale mining (CCPR/C/PER/CO/6).

The Committee notes with concern that challenges remain regarding the capacity of the competent authorities to monitor and prevent forced labour practices associated with illegal logging and illegal mining in remote regions. The Committee urges the Government to take steps without delay to prevent, investigate and punish forced labour practices associated with the illicit extraction of resources (such as illegal logging and gold mining), especially in indigenous communities. The Committee also requests the Government to provide information on the action taken to establish the Ucayali regional committee for combating forced labour. In this regard, the Committee requests the Government to provide information, once this committee has been set up, on the actions taken to reinforce the presence of government agencies in the Ucayali region, to facilitate access for indigenous workers to administrative and judicial mechanisms to report situations of forced labour and receive adequate protection, and to investigate cases of forced labour. The Committee also requests the Government to continue providing information on any evaluations by the National Committee on Combating Forced Labour (CNLCTF) of measures taken, under the Third National Plan to combat forced labour 2019–22 (PNLCTF-III), in remote regions such as Ucayali and Madre de Dios.

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