Solicitud directa (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)

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 notes the information provided by the Government on the measures taken to ensure that the implementation of model contracts between the Pontifical Catholic University of Peru and its lecturers does not place the latter in a situation of dependency preventing them from terminating the employment relationship. The Committee notes in particular that the University continues to take steps to avoid any detrimental accumulation of academic or research duties for lecturers, such as: (i) strengthening the monthly monitoring system; (ii) monthly programming of the academic workload for each lecturer; (iii) alternatives for lecturers to enhance their skills; and (iv) implementation of measures that are not financially damaging for lecturers. The Government also points out that the University does not make any financial deductions from lecturers except for those imposed for failure to meet teaching and research obligations.

2. Trafficking in persons. (i) Institutional framework. In its previous comments, the Committee asked the Government to provide information on the evaluations of the impact of the “National plan against trafficking in persons 2017–21” and of various management instruments for the prevention and prosecution of trafficking in persons. The Committee welcomes the adoption in 2021 of the “National policy up to 2030 against trafficking in persons and its forms of exploitation” by Supreme Decree No. 009-2021-IN. The Government emphasizes that this policy proposes a multi-sectoral strategy to address and combat trafficking in persons, and defines as priority objectives: (i) expanding preventive vigilance against trafficking in persons in contexts of risk and vulnerability; (ii) improving the operation of the system of prosecution, criminal punishment and inspection; and (iii) enhancing the care and reintegration process for victims of trafficking. The Ministry of the Interior, through the Department for Democratic Security, is the body responsible for directing and monitoring the implementation of the policy. The Government also notes that progress has been made on the implementation of the policy: 89 per cent with regard to the first objective, 82 per cent for the second objective, and 63 per cent in relation to the third objective. The Committee also notes the creation of regional coordination forums for combating trafficking in persons in each region of the country, including the capital and the province of Callao. The Committee requests the Government to continue providing information on progress regarding the implementation of the three strategic objectives of the “National policy up to 2030 against trafficking in persons and its forms of exploitation”, including information on the activities carried out to combat trafficking in persons at the regional level, and also on the evaluation of the results achieved, the challenges encountered and the steps taken to overcome them.

(ii) Prosecution proceedings and imposition of criminal penalties. The Committee notes the Government’s indication that the National Migration Supervisory Authority has carried out joint border operations with the National Police of Peru to prevent trafficking in persons and smuggling of migrants. Furthermore, in the context of the cooperation project supported by the United Nations (UN) Office on Drugs and Crime (UNODC) in response to cases of trafficking in persons for forced labour in Latin America, efforts are under way to devise a guide for action by the National Labour Inspection Supervisory Authority (SUNAFIL) for the identification and referral of cases of trafficking in persons for labour exploitation. Moreover, the Government reports that during 2022 a total of 72 cases of human trafficking were investigated as part of a proactive police investigation, and 84 rulings were handed down which have been upheld by the appeals court.

The Committee also notes the extensive statistical background information contained in the “National policy on trafficking in persons”. According to the results of a 2020 online survey of national police stations across the country concerning their perception of the mechanisms for receiving and processing trafficking complaints, 70 per cent of the police stations surveyed considered these mechanisms to be insufficient in both rural and urban areas, while 19 per cent found them to be insufficient only in rural areas. According to an online survey conducted the same year among members of regional anti-trafficking round tables, networks and committees, 46 per cent of respondents considered the level of operational specialization of police officers in investigating the crime of trafficking in persons to be insufficient. The Committee requests the Government to provide information on the results of the measures taken to strengthen mechanisms for reporting situations of trafficking in persons in the various regions of the country, and to continue boosting the capacities of the national police in the investigation of these cases. The Committee also requests the Government to continue providing up-to-date statistical information on the number of investigations and judicial proceedings instituted, and the number of rulings handed down for the crime of trafficking in persons (section 129-A of the Penal Code).

(iii) Protection of victims. The Committee notes that, according to the “National policy up to 2030 against trafficking in persons”, the Ministry for Women and Vulnerable Population Categories provides protection measures for victims of trafficking and guarantees them support in the legal and health spheres. Local and regional governments are required to provide temporary shelters and tracing and identification services for victims’ families. From December 2019 to December 2020, a total of 264 human trafficking victims were cared for in residential shelters. According to the above-mentioned surveys conducted by the Ministry of the Interior, 49 per cent of respondents consider the services of assistance programmes for victims of human trafficking to be insufficient and inappropriate, and 45 per cent indicate that there are no mechanisms for the labour and economic reintegration of human trafficking victims in their region. The Committee requests the Government to continue taking steps to protect the victims of trafficking in persons for both labour and sexual exploitation, and to provide them with assistance to enable their recovery and rehabilitation. The Committee also requests the Government to provide up-to-date information on the number of victims who have been identified, protected and reintegrated, if possible disaggregated by region.

3. Domestic work in conditions of forced labour. In its previous comments, the Committee asked the Government to provide information on the implementation of measures to protect domestic workers from situations of forced labour. In this regard, the Government indicates that by Ministerial Decision No. 208-2021-TR a standing working group was set up to promote observance of the rights of domestic workers, which will address and discuss the implementation of measures for the domestic sector, thus enabling social dialogue in this sector. The Government also indicates that since October 2021 the online “domestic work registration” application of the Ministry of Labour and Employment Promotion has been operational, with a total of 102,917 domestic workers registered. Reference models for domestic work contracts, a reference format for payslips, and a guide for the prevention and punishment of sexual harassment of domestic workers have been approved. The Committee encourages the Government to continue its efforts to inform domestic workers of their rights and to protect them from conditions of work that might constitute forced labour. The Committee also requests the Government to continue providing information on this matter in the context of the Domestic Workers Convention, 2011 (No. 189).

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Community service. The Committee notes the Government’s indication that the performance of community service can be imposed as an autonomous penalty or alternative penalty (sections 31 and 32) and that it is regarded as having a strong resocializing impact, with beneficial effects for the person convicted of the offence, for society and for the prison system. The Committee once again requests the Government to provide information on arrangements for the performance of community service, including the list of private entities authorized to receive persons who have incurred this penalty and the type of work performed.