Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislation. The Committee notes the information provided by the Government in response to its comments, the promulgation of Act No. 27942 of 26 February 2003 on the prevention and punishment of sexual harassment, and the content of Supreme Decree No. 001-2000 - PROMUDEH by virtue of which the 2001-2005 National Plan for Equal Opportunities between Women and Men was adopted and brought into force.

2. Penalties for discrimination in employment. The Committee notes the information submitted by the Government concerning Act No. 27270 of 12 May 2000 amending the Penal Code, Act No. 26772 defining discrimination in employment and establishing penalties for that offence, and Supreme Decree No. 002-98TR regulating Act No. 26772. Please provide information on the practical impact of the abovementioned legislation, indicating, for instance, whether it is considered to have had a dissuasive effect in preventing discrimination in access to employment and training. Also, please indicate whether positive action has been taken to promote access to employment and training for groups that are traditionally discriminated against, and, if so, please describe these positive measures and the results obtained.

3. Discrimination on the grounds of sex. The Committee notes that paragraph 4.1 of the 2001-2005 National Plan for Equal Opportunities identifies the existence of: (1) a concentration of women in the informal sector of the economy; (2) a greater presence of women in low-productivity and precarious work; and (3) incomes which differ from those earned by men. The Plan’s strategic objectives are as follows: (1) to promote women’s economic rights; (2) to promote equal access for women to resources, employment, markets and trade; and (3) to make labour market actors, companies and trade union organizations more aware of the obstacles and discrimination that exist in the world of work. Please provide information on the results achieved through the Plan, the difficulties faced, the progress made and the way in which the continuity of the Plan is to be ensured. The Committee also notes the information provided by the Government on the activities of the Programme for the Consolidation of Women’s Employment (PROFECE), currently entitled "Enterprising Women", and other programmes referred to in the report. The Committee notes that the "Enterprising Women" programme promotes and strengthens the capacities of participating municipalities by providing management tools to promote the employment and generate the incomes of women at local level, and that from 1997 to March 2003, "Enterprising Women" had generated 37,024 temporary jobs for women in Lima and Ayacucho. The Committee requests that the Government provide information on the sectors in which these jobs were generated, their average duration and the adoption of measures, such as training, which facilitate women’s access to more stable employment.

4. Sexual harassment. With reference to its general observation of 2002, in which it urged governments to adopt appropriate measures to prohibit sexual harassment, the Committee notes with interest the promulgation of Act. No. 27942 of 26 February 2003 on the prevention and punishment of sexual harassment, and its regulations. The Committee notes that the abovementioned Act amends, inter alia, the consolidated text of Legislative Decree No. 728, Act on Labour Productivity and Competitiveness, approved by Supreme Decree No. 003-97-TR, by modifying section 30(g) under which immoral acts and all acts affecting a worker’s dignity are to be considered as hostile acts comparable to dismissal, and provides that acts of sexual harassment are to be investigated and punished in accordance with the law governing that matter. The Committee also notes that in the private sector a worker can, under section 23 of the regulations, choose to: (1) take action to stop the hostile act; and (2) demand the payment of compensation if terminating the contract; and that such compensation, under section 38 of the Act on Labour Productivity and Competitiveness, is to be one-and-a-half times the ordinary monthly salary for each complete year of service, with a maximum of 12 payments. The Committee requests that the Government provide information on how protection is ensured against the future dismissal of the person who, having complained of sexual harassment, has chosen to request that the hostile act stop rather than terminate the contract. The Committee would also like to know whether in practice anyone has ever requested the termination of a contract given that, despite the existence of compensation, the idea of losing one’s job might dissuade the victim of harassment from exercising that option. Please provide information on the practical application of this legislation, including a copy of decisions, statistics on the number of cases in the public and private sectors, and labour inspection reports, so that the Committee can more thoroughly assess the practical impact of this legislation. Please provide information on possible initiatives to be carried out by employers’ and workers’ organizations to combat sexual harassment.

5. Indigenous languages and labour laws. The Committee notes the information provided by the Government indicating the promulgation of Act No. 28106 on the recognition, preservation, promotion and dissemination of indigenous languages. The Committee hopes that the Government’s next report will indicate whether Act No. 26772 on discrimination and its regulations have been translated into Quechua, Aymara and other native languages. The Committee trusts that if they have not been translated, the Government will reinforce its efforts to translate and diffuse labour laws in the various indigenous languages and will keep it informed of any progress made in that respect.

6. Native communities and indigenous women. The Committee, having noted the special programme for indigenous communities and the various programmes mentioned by the Government relating to rural employment, requests that the Government provide more specific information on how these policies promote equal treatment in employment and occupation with regard to indigenous communities. The Committee also requests that the Government provide details of the measures adopted or to be adopted to promote equal opportunities and treatment in the employment and occupation of indigenous women.