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

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Perú (Ratificación : 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 of the Convention. Scope of application and grounds of discrimination. The Committee recalls that, when legislative provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to consider the inclusion of “colour” and “national extraction” among the grounds of discrimination prohibited by the national legislation. As those grounds are not covered by the national legislation, the Committee requests the Government to provide information, where possible, on any cases that have been identified and treated as discrimination on grounds of “colour” or “national extraction”, with an indication of the background to the penalties imposed and the remedies granted.

Discrimination on grounds of sex, colour and race. The Committee once again requests the Government to indicate the measures adopted or envisaged with a view to identifying and addressing any aspect of the special rules governing 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.

Article 2. Equality of opportunity and treatment for men and women.Public sector. In relation to the transition to the system of single regulations governing the civil service, the Committee notes with concern that the CGTP, CUT-Peru and CATP indicate in their observations that: (1) various sections of Act No. 31131 of 2021, establishing provisions for the eradication of discrimination in the labour regulations governing the public sector, have been declared unconstitutional by the Constitutional Court; and (2) the possibility still exists that the three specific sets of labour regulations may give rise to cases of indirect discrimination where women are engaged in sections of the public service in which women predominate in public careers, and where wages are low and conditions of employment are precarious. The Committee requests the Government to take measures to prevent possible cases of indirect discrimination against women in the public sector and to provide information on this subject.

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