Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative framework and application. In its previous comments, the Committee requested the Government to provide information on the protection established in the legislation against discrimination in all aspects of employment, including hiring and employment conditions, on the cases dealt with by the labour inspectorate or tribunals concerning the application of the national legislation on discrimination and on the results of the monitoring activities of the Employment Promotion and Vocational Training Directorate. The Committee also requested the Government to provide information on any training and awareness-raising measures on equality of opportunity and treatment in employment and occupation designed to sensitize the bodies responsible for enforcing the legislation prohibiting discrimination, including judges and labour inspectors. In that regard, the Committee notes the Government’s indication that in the Lima Metropolitan Area, 785 inspections were carried out in 2009, compared to 1,022 in 2008 and that training on sexual harassment has been provided at the national and regional levels and a web page on domestic workers has been created. The Committee notes that the Government has sent no information on the legislation applicable in cases of discrimination or on the concrete violations noted and penalties imposed by the General Labour Inspectorate. Furthermore, it has provided no information on the inspections carried out in other regions or on the court decisions handed down in that regard. While welcoming the training activities on sexual harassment, the Committee notes that the Government does not refer to training on other aspects of discrimination in employment, hiring and employment conditions. In this regard, the Committee highlights the conclusions of the study carried out by the Labour Studies and Statistics Programme of the Ministry of Labour and Employment Promotion entitled “Women in the Peruvian labour market”, according to which the most significant differences in weekly wages are found in occupations requiring a higher level of training or qualifications. The Committee once again requests the Government to provide information on the protection established in the legislation against discrimination in all aspects of employment, including hiring and employment conditions, as well as on all cases dealt with by the labour inspectorate or tribunals concerning the application of the national legislation on discrimination and on the results of the monitoring activities of the Employment Promotion and Vocational Training Directorate. Furthermore, it requests the Government to provide information on any training and awareness-raising measures envisaged on equality of opportunity and treatment in employment and occupation, to sensitize the bodies responsible for enforcing the legislation, including judges and labour inspectors.

Sexual harassment. Adoption of directives in the public and private sectors. The Committee notes the adoption of Act No. 29430 amending Act No. 27942 on the prevention and punishment of sexual harassment. The Committee also notes the ministerial resolutions and directives adopted by various public bodies. The Committee requests the Government to continue providing information on the directives adopted, including on their implementation and impact in practice. The Committee once again requests the Government to send a copy of the directives adopted in both the public and private sectors, as well as a copy of the resolutions of the labour inspectorate concerning cases of sexual harassment and the judicial and administrative decisions adopted in this regard. The Committee also requests information on any initiatives of the employers’ and workers’ organizations to prevent and combat sexual harassment.

Discrimination on the basis of race and colour. The Committee notes the statistics provided by the Government concerning the participation of the indigenous population in the labour market in both the public and private sectors, and the Government’s indication that the Act on equality of opportunity and treatment has not been translated into Quechua, Aymará and Ashaninka. In this regard, noting the limited participation of indigenous peoples in the labour market in both the public and private sectors, the Committee requests the Government to provide information on the implementation and impact of the project to promote the sustainable development of Andean “Microcuencas”, the Fund for the Promotion of Forest Development, the Peru-Ecuador Border Programme, the Marenass project on the sustainable management of natural resources, the Plan to Combat Forced Labour, which includes information and training aimed at indigenous peoples, and the Pro-Youth Programme, referred to by the Government in its previous comments, as well as on any other measures or plans adopted under the Act on equal opportunities for indigenous peoples. The Committee also requests the Government to provide information on the participation of indigenous peoples in the Government’s elective bodies.