Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Peru (Ratification: 2002)

Other comments on C138

Observation

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously expressed concern at the high number of children and young persons engaged in economic activity or hazardous types of work. It requested the Government to provide information on the new projects developed in the context of the National Strategy for the Prevention and Eradication of Child Labour and the Protection of Young Workers 2020–21 (ENPETI), and on the results achieved.

The Committee notes the Government's indication that the Ministry of Labour and Employment Promotion, with the support of the Economic Commission for Latin America and the Caribbean and the ILO, has developed a model for the identification of risks of child labour (MIRTI), which proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour. In its supplementary information, the Government states that, in 2019, the MIRTI was recognized as a key instrument for the design, elaboration and implementation of strategies for the prevention, identification and elimination of child labour in the framework of the public policy on child labour. The Government adds that, in 2020, several awareness-raising activities on the scope and contributions of the MIRTI were conducted before several public bodies, at both national and regional levels, including for the members of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI). The Committee notes the Government’s indication that it is currently in the process of institutionalizing the MIRTI, through the adoption of a binding normative document, in order to enhance its implementation at all levels of government and ensure better focus and prioritization of actions. In that regard, the Committee notes that, in their observations, the Autonomous Workers' Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP), and the Single Confederation of Workers of Peru (CUT-Perú) support the institutionalization of the MIRTI in order to secure its implementation, and ensure its dissemination at the local level as well as the dissemination of information on the results achieved.

The Committee also notes the results of the Municipal Programme for the Prevention and Eradication of Child Labour 2017–18, undertaken by the Municipal Service for the Protection of Children and Young People, in the Carabayllo district of Lima, which benefited 51 girls, boys and young people. Similarly, a total of 140 people have been trained at the national level on the risks of vulnerability for families, including the issue of child labour. It however notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú point out that no efforts were made by the Government to ensure the continuity of the Municipal Programme despite child labour being still a grave concern in the Carabayllo district. The trade unions add that the implementation of the ENPETI was discontinued by the Government. The Committee requests the Government to continue providing information on the results of the implementation of the ENPETI, as well as on any new national strategy elaborated as a follow-up. It also requests the Government to provide information on the implementation of the MIRTI, as well as any progress made in its institutionalization. Finally, the Committee requests the Government to provide information on the application of the Convention in practice, including recent statistics on the employment of children and young persons and specific information on hazardous types of work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. The Committee requested the Government to intensify its efforts to adapt and strengthen the labour inspection services so as to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and thereby ensure that children under 14 years of age working in the informal economy enjoy the protection afforded by the Convention. It also requested the Government to continue providing information on the measures adopted in this regard and the results achieved.

The Committee notes, according to the information provided by the Government, the introduction of another model for the identification and prevention of child labour by municipal authorities. The model allows municipal inspectors, who assess compliance with labour standards by enterprises, to include criteria in their interventions for the identification and prevention of child labour. The municipal authorities have the power, among other measures, to impose penalties on enterprises in the most serious cases, including the confiscation of goods, the revocation of permits and the temporary or definitive closure of the establishment. The Committee further notes that, in its supplementary information, the Government indicates that, in 2020, draft guidelines for the municipal model for the identification and eradication of child labour have been submitted for discussion and approval by the CPETI. The Government adds that the model has been implemented in the districts of Chanchamayo, Concepción, Pichanaki (Junín), Vila Rica (Pasco) and Comas (Lima), as a pilot. In 2019, 97 interventions were made which led to the identification of 132 cases of child labour. In that regard, the Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú indicate that further analysis is needed concerning the impact of the municipal model in order to make sure that municipal inspectors do not duplicate the duties performed by labour inspectors of the National Supervisory Authority of Labour Inspection (SUNAFIL), regarding more particularly the imposition of penalties. The trade unions recommend that the municipal inspectors should only be responsible for the identification and prevention of child labour.

The Committee also notes the Government’s indications that in 2019 the SUNAFIL issued 460 labour inspection notices concerning child labour in relation to the minimum age. Thirty-four infringements relating to child labour were detected and noted in compliance reports. The infringements are currently covered by an administrative sanction procedure within the respective time limits. The Committee notes that, in their observations, the CATP, CTP, CGTP and CUT-Perú identify several challenges as regards labour inspection, in particular the need to strengthen its capacity as well as its actions at a local level, including throughout the implementation of the MIRTI. The Committee requests the Government to continue providing information on the measures taken in this respect and the results achieved. It also once again requests the Government to provide extracts from the reports of the labour inspection services indicating the number and nature of the infringements reported and the penalties imposed.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee previously expressed the firm hope that the Bill to amend the Code of Children and Young Persons, which has been under amendment since 2010, would be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years is permitted to work, and also to guarantee that only children and young persons aged 16 years and over can be authorized to perform night work during the period from 7 p.m. to 7 a.m. for a limited period, in accordance with the conditions laid down in Article 3(3) of the Convention.

The Committee notes the indications by the Ministry of Women and Vulnerable Peoples that two women members of Congress, of whom one is currently the Minister of Women and Vulnerable Peoples, submitted a proposal in 2016 for a new Code of Children and Young Persons in Bills Nos 500/2016-CR and 663/2016-CR. It further notes that, in its supplementary information, the Government refers to the adoption of Supreme Decree No. 18-2020-TR of 25 August 2020 which establishes the administrative procedure for prior authorization of young persons, who have the minimum age for admission to employment set in the Code of Children and Young Persons, to work as employees or under a dependency relationship. The Committee also notes the Government’s indication that a proposal was submitted by the Ministry of Women and Vulnerable Peoples in order to amend 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. The Committee once again expresses the firm hope that the Bill to amend the Code of Children and Young Persons will be adopted in the very near future and requests the Government to provide information on any progress achieved in this regard. It also requests the Government to provide information on the current status of the proposal to amend Supreme Decree No. 003-2010-MIMDES.