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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1973 (No. 138) Peru (ratification: 2002) Published: 2011 Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee takes due note of the information provided by the Government to the effect that as part of the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), a document on the policy and national strategy for the prevention and elimination of child labour (2011–21) has been elaborated and awaits adoption. The Committee further notes that the Government has taken a number of measures that contribute directly or indirectly to the eradication of child labour, such as the JUNTOS programme, which aims to promote schooling for children aged from 6 to 14 years from poor homes in rural areas by awarding cash benefits to families contingent on school attendance by the children. It takes due note of the information sent by the Government that 780,393 children and young people between the ages of 6 and 14 years benefited from this programme and that 98.9 per cent of these children have attended school regularly. The Committee also notes that, according to the Government, the labour inspectorate visited 3,723 workplaces that employ children and young people and sanctioned 168 of them between January 2007 and March 2011. The Government’s report further indicates that 10,066 children and young people were withdrawn from worst forms of child labour and hazardous work. Lastly, the Committee notes the study on the extent and characteristics of child labour (2007–08) attached to the Government’s report on the Worst Forms of Child Labour Convention, 1999 (No. 182). It observes that according to the results of a survey on child labour conducted in 2007 which are reproduced in the abovementioned study, 33 per cent of children between the ages of 5 and 11 years and 48.5 per cent of 12–13 year-olds carry on an economic activity. Of these children, 68.7 per cent of the 5–11 age group and 69.3 of the 12–13 age group are engaged in hazardous work. Article 2(1). 1. Scope of application. The Committee notes that, according to the CUT, most children under the age of 14 who carry on an economic activity work in the informal economy, in particular as itinerant traders, shoe shiners, in markets or as domestic workers. The Committee observes that according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs including in private homes. The Committee notes from information in a 2011 report on the worst forms of child labour in Peru, available on the website of the High Commissioner for Refugees, 70 labour inspectors are specialized in the supervision of child labour and 100 inspectors received training in this area in 2010. The report nonetheless states that inspectors often lack the resources they need to carry out effective inspections. 2. Minimum age of admission to employment or work. In its previous comments, the Committee noted that section 51(2) of the Children and Young Persons Code allows permission to work to be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children aged from 12–14 to undertake paid work is at the discretion of the administrative authority, which seldom grants it. In view of the Government’s statement that there are no regulations on light work but that in practice a significant number of children under the age of 14 years work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years may be allowed to work. The Committee notes that, according the Government, a Bill to amend the Children and Young Persons Code is currently under examination by a Special Committee of the Congress of the Republic set up to revise the Children and Young Persons Code, and that it sets the minimum age for admission to employment or work at 15 years. Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that according to section B.8 of Supreme Decree No. 003-2010-MIMDES of 20 April 2010 approving the list of hazardous types of work, night work by children and young persons between 7 p.m. and 7 a.m. which has not previously been authorized by a judge, is prohibited. It observes, however, that the draft revision of the Children and Young Persons Code has still not been adopted. It reminds the Government that according Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition: (a) that their health, safety and morals are fully guaranteed; and (b) that they have received adequate specific training in the relevant branch of activity. The Committee expresses the firm hope that the Bill to amend the Children and Young Persons Code will be adopted as soon as possible so as to guarantee that only children and young persons over the age of 16 years may be authorized to carry on night work between 7 p.m. and 7 a.m. for a limited period of time and that the conditions laid down in Article 3(3) of the Convention are respected. ======================================================================================== CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Peru (ratification: 2002) Published: 2011 Articles 3, clauses (a) and (b), and 7(1) of the Convention. Sale and trafficking of children; forced labour; use, procuring or offering of a child for prostitution; and penalties. The Committee noted that two studies produced by ILO–IPEC in 2007, entitled “The demand side of the commercial sexual exploitation of children: a qualitative study in South America (Chile, Columbia, Paraguay and Peru)” and “Unforgivable: a study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cuzco, Iquitos and Lima)” that commercial sexual exploitation of children of both sexes exists in Peru, particularly in the bars and nightclubs of the old city centre of Lima. This worst form of child labour likewise exists in the tourist centres of Cuzco, Iquitos and Cajamarca. The Committee takes note of the information provided by the Government to the effect that the number of reported instances of children and young persons being trafficked for the purpose of commercial sexual exploitation fell by 17 per cent between 2008 and 2009. It notes that the Ministry of the Interior set up a telephone hotline in 2010 for victims of trafficking and the calls are referred to the National Directorate for Criminal Investigations. The Government’s report indicates that between 2009 and June 2010, there were 212 instances of the sale and trafficking of children were reported and that 91 per cent of the victims were girls between 14 and 17 years of age. It notes, however, that the Government provides no information on the number of convictions and penalties handed down as a result of these reports. The Committee notes that according to the 2011 Trafficking in Persons Report-Peru, which is available on the website of the United Nations High Commissioner for Refugees, boys and girls are victims of sex trafficking and forced labour in Peru. The department of Madre de Dios and the cities of Cuzco and Lima were identified as some of the main destinations for victims of commercial sexual exploitation. It also notes that forced child labour exists particularly in informal goldmines, among begging rings in urban areas and in cocaine production and transportation. The Committee further notes that according to information in the abovementioned report, although the Government has made efforts to combat the sale and trafficking of persons for the purpose of commercial sexual exploitation, its efforts are inadequate in combating human trafficking for the purpose of forced labour. The report indicates that no convictions were recorded in 2010 despite an increase in the number of cases of forced labour in the country. Lastly, the Committee notes the allegations of the involvement of state officials referred to in the same report. Clause (d). Hazardous work. 1. Child labour in mines. In its previous comments, the Committee noted the ITUC’s allegation that artisanal mines abandoned by large producers are being worked by families of Peruvian workers. Children work from the age of 5 and help their mothers to finds rocks containing gold deposits. When they are older, they work with their fathers and sometimes dive into flooded shafts to extract ore. The children handle mercury, which is toxic, in extracting the gold from the rocks. They also transport ore outside the mines, carrying very heavy loads of stone and rock on their backs. The mines are located in unhealthy places and the children are therefore exposed to serious injury and harm. They breathe contaminated air and are exposed to soil and water contaminated with metals and chemicals. The mining industry is mostly concentrated in the regions of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad. The Committee also noted that according an ILO–IPEC study of 2007 on girls in mining, both boys and girls are in practice engaged in hazardous types of work in small artisanal mines, with girls being frequently involved in extraction, transport and processing work. It also noted that according to information in a document on the National Plan for the Prevention and Elimination of Child Labour (2005–10) (PNPETI), an estimated 50,000 children work in artisanal mines in Peru. The Committee takes due note of the adoption of the 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 and prohibiting mine work for children and young persons under 18 years of age. It also notes General Directive No. 001-2011-MTPE/2/16 laying down general guidelines for the inspection of child labour. It further notes the information in the Government’s report to the effect that 4,003 inspection orders were issued between January 2007 and April 2011 concerning child labour. It nonetheless observes that the Government’s report does not specify whether such inspection applied to mine work. 2. Child domestic work. The Committee previously noted that according to the ITUC, parents send their children to cities to work as domestic servants in order to help their families. As a rule, the children receive no pay, although the employer provides board and lodging. The ITUC reports that child servants work at least 12 hours a day and are at the disposal of their employers 24 hours a day. Many work with no rest and without so much as a day’s leave. Very many children are victims of abuse and exploitation, such as insults and corporal punishment. There is also sexual abuse, albeit to a lesser extent. The ITUC also indicated that nationwide the number of domestic servants under the age of 18 years is estimated to be 110,000. The Committee also noted that a 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families that live in rural and urban areas found that domestic work by children is widespread in the country. The Committee notes the information from the Government to the effect that 3,641 domestic workers in Lima received training on their rights as workers in the course of 2010. Furthermore, it notes with interest that according to 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, domestic work by children and young persons under 18 years of age in the homes of others is treated as hazardous work. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such forms of labour and ensuring their rehabilitation and social integration. 1. Trafficking and commercial sexual exploitation of children. The Committee notes the information contained in the Government’s report indicating that a campaign for the prevention of human trafficking was launched in November 2009 and that in the course of it, the Ministry for Women and Social Development conducted a campaign entitled “More checks, fewer roads to exploitation”, which aims to prevent the trafficking of children and young persons through the supervision of overland transport. The Government’s report further indicates that the National Police Force has launched a plan of police operations to prevent and punish human trafficking, which involves the inspection of strategic locations. To this end, patrols are organized in cooperation with representatives of the Public Prosecutor and the local authorities in order to provide assistance to children and young persons in situations that put them at risk. According to the Government, children and young persons removed from these worst forms of child labour are placed in shelters run by the National Police Force, the Ministry for Women and Social Development and the judiciary. 2. Children working in mines. The Committee noted previously that according the ITUC, in Peru there is no specific policy on the elimination of child labour in mines. It observed that the elimination of this worst form of child labour was one of the PNEPTI’s objectives and asked the Government to provide information on the impact of measures adopted in this regard. The Committee notes the information sent by the Government to the effect that a multisectoral working party has been created for the prevention and elimination of child labour in the informal mining sector and it consists of representatives of various Government ministries. The Committee also notes the results obtained in the course of implementing the PNEPTI and, in particular, that between 2006 and 2010, 10,066 children and young persons were withdrawn from hazardous work. The Committee also notes from information in a 2011 report on the worst forms of child labour, available on the website of the United Nations High Commissioner for Refugees, that inspections were carried out in the mining sector in 2010, during which 13 children were removed from work and channelled to the social services. Clause (d). Children at special risk. Child domestic workers. In its previous comments the Committee noted that, according to the ITUC, there are no programmes designed to help children working as domestic servants and that there are very few or no shelters that have the means to provide care for such children. The Committee notes the information provided by the Government to the effect that the Regional Directorate for Labour and Employment Promotion of Metropolitan Lima organized training workshops for domestic workers to alert them to their rights and the rights of children and young persons employed as domestic servants. It also notes that the Government has implemented various programmes to combat poverty (“Juntos”, “Trabaja Peru” and “Jóvenes a la Obra”), which indirectly assist children and young persons working as domestic servants. It nonetheless notes that there appears to be no programme designed specifically to provide care for such children. Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the 2007–08 ILO–IPEC study on the extent and characteristics of child labour, appended to the Government’s report. It notes that according to the results of a child labour survey conducted in 2007 by the National Statistics Institute, the results of which are reproduced in the study, 3.3 million children aged between 5 and 17 years, i.e. nearly 42 per cent of children and young persons in that age group, are engaged in economic activity. Furthermore, the Committee notes with concern that 70 per cent of children and young persons who are economically active carry on hazardous work. ========================================================================================= CEACR: Direct request concerning Minimum Age Convention, 1973 (No. 138) Peru (ratification: 2002) Published: 2012 Article 8 of the Convention. Artistic performances. The Committee noted previously that according to section 21 of Supreme Decree No. 058-2004-PCM issuing regulations to the Performers Act, No. 28131 of 18 October 2003, work done by minors in artistic activities must not: harm the health or the development of the minor; impair the minor’s education; offend against decency and morality. The same provision allows the labour administration to prohibit work by children where the abovementioned requirements are not met. The Government further indicated that the work permits granted were for young persons aged 15 years or over. The Committee takes due note of the copies of the permits issued in 2010 appended to the Government’s report. It observes that they were only issued for young persons over 14 years of age. ========================================================================================= CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1973 (No. 182) Peru (ratification: 2002). Published: 2012 Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children and begging. In its previous comments, the Committee noted with interest that thanks to multisectoral action taken in the cities of Lima and Arequipa in 2008, protective measures were taken for more than 200 children (158 in Lima and 46 in Arequipa). The Committee observed, however, that in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 65), the Committee on the Rights of the Child, while welcoming the “Educadores de Calle” programme (PEC), expressed concern at the large number of street children. The Committee notes the information provided by the Government on the PEC programme. It notes that the programme targets children between the ages of 6 and 17 years whose situation puts them at risk, and seeks to boost and develop their personal and social skills. To this end, 41 reference centres have been set up in 20 cities throughout the country in order to provide care for these children. The Committee further notes that the programme has benefited a total of 3,744 children and young persons, 87 of whom are street children. It nonetheless notes that, according to a 2007–08 ILO–IPEC study on the extent and characteristics of child labour, appended to the Government’s report, some 141,000 children and young persons are still working in the streets. Children of indigenous peoples. The Committee noted previously that the Committee on the Rights of the Child regretted that the State party had reacted only in part to its recommendations concerning the limited access for indigenous children to education, and noted with concern that they suffered from exclusion and discrimination. The Committee further noted that according to information from ILO–IPEC, a study on the situation of indigenous peoples and indigenous child labour was to be conducted. The Committee notes that according to the Government, the Subcommittee on Indigenous Peoples and Rural Communities has been reactivated under the National Steering Committee for the Prevention and Elimination of Child Labour, with a view to preparing multisectoral strategies for action to prevent and eliminate the labour of children of indigenous peoples and rural communities. Article 8. International cooperation and assistance. Poverty reduction. In its previous comments, the Committee noted that the Committee on the Rights of the Child expressed concern at the high rate of poverty in Peru, which affects approximately two-thirds of children, and at the extreme poverty which affects some 30 per cent of Peruvian children. The Committee takes due note of the various social programmes implemented by the Government to help to combat poverty, such as the JUNTOS programme, which seeks to promote schooling for children between the ages of 6 and 14 years from poor homes in rural areas, by providing cash benefits to families on condition that the children attend school, and the “Trabaja Perú” programme, under which temporary employment has been offered to 263,458 parents in a vulnerable situation. The Committee also notes that the Government is still in the process of preparing its Decent Work Country Programme (DWCP).