Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, in its concluding observations on the third periodic report of Peru of March 2006 (CRC/C/PER/CO/3, paragraph 69), the Committee on the Rights of the Child noted with concern that there were almost 5,000 reports of disappearances in the context of cross-boarder trafficking between 2002 and 2005, of which 35.3 per cent concerned children. The Committee notes the adoption in 2006 of Act No. 28950 to combat the trafficking of persons and the illicit trafficking of migrants (Act No. 28590 of 2006). The Committee notes that section 153 of the Penal Code, as amended by Act No. 28950 of 2006, penalizes the sale and trafficking of children for labour exploitation and sexual exploitation. It also notes that section 153 A(1)(4) and (2)(2) of the Penal Code, as amended by Act No. 28950 of 2006, establishes more severe penalties of imprisonment if the victim is between the ages of 12 and 18 years (a sentence of between 12 and 20 years) and where the victim is under 12 years of age (a sentence of not less of 25 years).

While noting these new legislative measures, which prohibit and penalize the sale and trafficking of children, the Committee notes that this worst form of child labour is a problem in practice. It reminds the Government that under the terms of Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour and that, by virtue Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of these worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure in practice the protection of young persons under 18 years of age against sale and trafficking. In this respect, it requests the Government to provide information on the effect given to the provisions of the Penal Code that are applicable to the sale and trafficking of children, accompanied by statistics on the number and the nature of the violations reported, the investigations conducted, prosecutions, convictions and penalties imposed.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that section 179 of the Penal Code establishes penalties for any person who causes or facilitates the prostitution of another. This provision also establishes a more severe penalty if the victim is under 18 years of age. Furthermore, section 181 of the Penal Code penalizes procuring.

The Committee notes from two ILO–IPEC studies issued in 2007 on the demand for the commercial sexual exploitation of children, a qualitative survey in South America (Chile, Colombia, Paraguay and Peru), and “Inexcusable”, a study on the commercial sexual exploitation of children and young persons in Peru (Cajamarca, Cusco, Iquitos and Lima), that the commercial sexual exploitation of children of both sexes exists in Peru, particularly in the bars and nightclubs in the historical centre of Lima. This worst from of child labour also exists in the tourist cities of Cusco, Iquitos and Cajamarca. In the case of Cusco, there is a commercial sexual circuit in which the owners of hotels and accommodation hire a continuous service of informal taxies to gather clients as they leave restaurants, bars and nightclubs. The Committee further notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraphs 67–69), the Committee on the Rights of the Child expressed concern at the information that a very high number of children – 500,000 according to the data – are victims of sexual exploitation and violence.

The Committee observes that, although the national legislation is in accordance with the Convention on this matter, this worst from of child labour remains a problem in practice. In this respect, it expresses deep concern at the magnitude of the problem in the country and reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of this worst form of child labour. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure the protection of young persons under 18 years of age against being used, procured or offered for the purposes of prostitution in practice. It further requests the Government to ensure that investigations are undertaken and those in violation of the law are prosecuted and that effective and dissuasive penalties are imposed on those found guilty of having used, procured or offered young persons under 18 years of age for prostitution. It requests the Government to provide information in this respect.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous types of work and the determination of these types of work. In its previous comments, the Committee noted that a Bill to amend the Code of Children and Young Persons contained modifications to sections to 51 and 58 of the Code. In this respect, it noted that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. It noted that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 19 years of age) and indicated that it understood that the prohibition envisaged in sections 51 and 58 of the Bill to amend the Code of Children and Young Persons covers all persons under 18 years of age. It requested the Government to clarify the age applicable under this prohibition. In its report, the Government indicates that the modifications made to section 51 of the Code of Children and Young Persons by the Bill establish that the minimum age for admission to any type of work which may be harmful to the health, safety or morals of young persons is 18 years. It adds that the Bill to amend the Code of Children and Young Persons determines in section 58, as amended, the types of work which are hazardous, which include the worst forms of child labour. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on any developments in this respect.

Article 4, paragraph 2.  Identification of where hazardous types of work exist. With reference to its previous comments, the Committee takes due note of the information provided by the Government to the effect that nine regional steering committees have been established at the national level and are responsible, among other tasks, in consultation with the organizations working on behalf of children, for identifying hazardous activities in which children in the area of their competence are engaged in work. It notes in particular that in the metropolitan area of Lima, the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) has established an inter-institutional working group to intervene in the brick works in Huachipa. Enterprises and workers’ associations in this area have been invited to participate in the working group with a view to intervening jointly in areas in which there is a high incidence of child labour.

Article 5. Monitoring mechanisms. Record-keeping and statistical system relating to the crime of the trafficking of persons (RETA). The Committee notes the establishment in 2006 of the RETA system, the objective of which is to gather information on the magnitude of the trafficking of persons, including children, in the country. The Committee requests the Government to provide information on the operation of the RETA system, and to provide reports relating to data on the magnitude of the trafficking of children in the country.

Article 6. Programmes of Action. With reference to its previous comments, the Committee takes due note of the fact that, according to information available to the Office, the Government has renewed for a second time its Memorandum of Understanding (MOU) with ILO–IPEC for the period from 2008 to 2013. The Committee asks the Government to provide information on the implementation of programmes of action relating to the elimination of the worst forms of child labour adopted in the context of this new MOU, and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the information provided by the Government according to which, between 2005 and 2007, over 20,567 children have been prevented from being engaged in the worst forms of child labour and 2,135 have been removed from these forms of labour.

Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes the information provided by the Government that a National Plan to Combat Forced Labour was formulated in 2007 and applies to the trafficking of persons. It also notes that the regulations issued under Act No. 28950 of 2006 (Supreme Decree No. 007-2008-IN), adopted in 2008, provide that measures shall be taken with a view to prevention and the assistance of victims of trafficking in persons. The Committee requests the Government to provide information on the time-bound measures adopted in the context of the National Plan to Combat Forced Labour with a view to preventing young persons under 18 years of age from becoming the victims of sale and trafficking. It also asks the Government to provide information on the measures adopted, in the context of the implementation of the regulations issued under Act No. 28950 of 2006, for the provision of the necessary and appropriate direct assistance for the removal of children from sale and trafficking and for their rehabilitation and social integration. Finally, it also requests the Government to provide information on the results achieved.

2. The commercial sexual exploitation of children. With reference to its previous comments, the Committee takes due note of the Government’s indication that the Office of the Public Prosecutor, the national police and the municipality of La Victoire intervened jointly and removed six children from commercial sexual exploitation and took measures to protect them. The Committee also notes that the National Plan of Action for the Prevention and Elimination of Child Labour (2005–10) envisages the adoption of measures against the commercial sexual exploitation of children. In view of the magnitude of the problem in the country, the Committee requests the Government to adopt effective and time-bound measures, among others in the context of the National Action Plan for the Prevention and Elimination of Child Labour, to prevent young persons under 18 years of age becoming victims of commercial sexual exploitation and to provide the necessary and appropriate direct assistance for their removal from this worst from of child labour. The Committee also requests the Government to provide information on the specific measures adopted to ensure that children who are removed from this worst form of child labour benefit from rehabilitation and social integration.

Clause (d). Identification of children at special risk. 1. Street children and begging. In its previous comments, the Committee noted that one of the objectives of the National Action Plan for Children and Young Persons is to reduce begging and it requested the Government to provide information on the results achieved, particularly with regard to the number of children who were in practice removed from begging. The Committee notes with interest the Government’s indications that multi-sectoral interventions carried out in 2008 in the cities of Lima and Arequipa resulted in the adoption of protective measures for over 200 children (158 in Lima and 46 in Arequipa). However, the Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 65), the Committee on the Rights of the Child, while appreciating the Educadores de Calle programme (PEC), nevertheless expressed concern at the high numbers of street children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue taking measures to protect them from these worst forms of child labour. It requests the Government in this respect to provide information on the effective and time-bound measures adopted in the context of the PEC, to ensure the rehabilitation and social integration of children who are in practice removed from the streets.

2. Children of indigenous peoples. The Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraphs 5, 60 and 73), the Committee on the Rights of the Child regretted that the State had only partially reacted to its recommendation concerning the limited access of indigenous children to education and it noted with concern that they are subject to social exclusion and discrimination. It also expressed concern at the lack of adequate training of teachers, who lack the skills for intercultural bilingual education for indigenous communities. The Committee further notes that, according to ILO–IPEC information, a study will be undertaken on the situation of indigenous peoples and work by children belonging to indigenous peoples. The Committee observes that the children of indigenous peoples are often victims of exploitation, which may take on very diverse forms, and constitute a category that is at risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the time-bound measures adopted to protect these children from the worst forms of child labour, particularly through the adoption of measures to diminish their vulnerability. For this purpose, the Committee requests the Government to take measures to ensure the effective exercise of the rights of the children of indigenous peoples, particularly in the field of education. Finally, it requests the Government to provide a copy of the study on the situation of indigenous peoples and work by indigenous children as soon as it has been completed.

Article 8. International cooperation and assistance. With reference to its previous comments, the Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 58), the Committee on the Rights of the Child expressed concern about the high degree of poverty in Peru, where about two-thirds of children live in poverty, while about 30 per cent of them are in a situation of extreme poverty. The Committee also notes that the Government is currently formulating a Decent Work Country Programme. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee hopes that, in view of the figures referred to above, the Government will take measures, in the context of its DWCP, for the effective reduction of poverty among children who are at risk of or who are engaged in the worst forms of child labour. It requests the Government to provide information in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that, according to the statistics contained in a study carried out by the National Institute of Statistics and Information Technology (INEI) entitled “Overview of work by children and young persons in Peru”, in 2001, around 1,985,000 children and young persons between the ages of 6 and 17 years work in the country. However, these statistics do not relate to the worst forms of child labour. The Committee notes the Government’s indication that a study on child labour was carried out in 2007 by the INEI and ILO–IPEC and that the data are currently being validated. The Committee hopes that this study will contain data on the worst forms of child labour and requests the Government to provide a copy of the study with its next report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communications of the International Trade Union Confederation (ITUC) dated 24 August 2006 and 26 August 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous types of work. Children who work in mines. In its observations, the ITUC indicates that workers and their families exploit artisanal mines, which are mines abandoned by industrial producers in the country. The children work from the age of 5 and help their mothers to pick up rocks containing gold deposits. When they are older, they work with their father and sometimes dive into flooded shafts to retrieve stones. In the case of gold, the children use mercury, which is toxic, to extract the gold from the rocks. They also transport gold outside the mine, carrying very heavy loads of stone and rocks on their backs. The mines are located in unhealthy places and the children are therefore exposed to serious injury and harm. The children breathe in the contaminated air and are exposed to soil and water that is contaminated with metals and chemical products. The mining industry is concentrated in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad.

In its report, the Government indicates that Act No. 28992 of 27 March 2007, replacing the third final and transitional provision of Act No. 27651 on the formalization and promotion of small-scale and artisanal mining, prohibits the employment of persons under 18 years of age in mining of any description. The Committee also notes that, in accordance with Supreme Decree No. 007-2006-MINDES (Supreme Decree No. 007-2006), approving a detailed list of the types work and activity that are hazardous or harmful for the physical and moral health of young persons and are prohibited for such persons, namely any person between 12 and 18 years, work in mines is considered to be a hazardous type of work.

However, the Committee notes that, according to 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 increasingly frequently involved in extraction, transport and transformation activities. It notes that, according to the information contained in a document relating to the National Plan for the Prevention and Elimination of Child Labour (2005–10), the number of children working in artisanal mines in Peru is estimated at around 50,000. The Committee further notes that, in its concluding observations on the third periodic report of Peru of March 2006 (CRC/C/PER/CO/3, paragraph 62), the Committee on the Rights of the Child expressed deep concern at the information that hundreds of thousands of children and adolescents are on the labour market, especially in the informal sector, where they are the victims of exploitation. The Committee on the Rights of the Child also expressed concern that legislative provisions protecting children from economic exploitation are often violated and that children are exposed to dangerous and/or degrading work, including in mines.

The Committee expresses deep concern with regard to the use of children in hazardous types of work in mines. It reminds the Government that under the terms of Article 3(d) of the Convention, hazardous types of work constitute one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worse forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure that no young person under 18 years of age is engaged in hazardous types of work in mines, and particularly in artisanal mines. It further requests the Government to provide information on the effect given in practice to the national legislation governing hazardous types of work, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penalties imposed.

Child domestic workers. In its comments, the ITUC indicates that the practice exists in Peru of parents sending their children to work as domestic workers in the city with a view to helping the family. However, the children do not usually receive any benefits, except for food and accommodation from their employer. These children have to cook, clean, wash clothes, look after other children and go shopping. According to the ITUC, child domestic workers have long hours of work in the day. They work at least 12 hours a day and are on call 24 hours a day. Many work without any time off and without any leave. A very large number of these children are the victims of abuse and exploitation, such as verbal abuse and physical punishment. Sexual abuse also occurs, although to a lesser extent. In most cases, the children lose contact with their parents. The ITUC adds that at the national level the number of domestic workers is estimated at 300,000, of whom 110,000 are reported to be under 18 years of age. Although the national legislation recognizes the rights of domestic workers, such as eight hour working days, public holidays and 15 days holiday a year, it is not applied as very few workers are aware of their rights and very few employers worry about complying with the obligations imposed upon them by law. The ITUC concludes that the authorities responsible for supervising the application of the law need to implement it more rigorously.

The Committee notes that, according to the 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families which live in rural and urban areas, domestic work by children is widespread in the country. It further notes that, in accordance with Supreme Decree No. 007-2006, domestic work is considered to be a hazardous type of work in view of the working conditions involved. The Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, and especially hazardous types of work, and to provide information on this matter.

Article 7, paragraph 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 these forms of child labour and ensuring their rehabilitation and social integration. Children who work in mines. The Committee notes the indication by the ITUC that there are at present no concrete policies for the eradication of child labour in mines. The Committee notes that, in accordance with the National Plan for the Prevention and Elimination of Child Labour (2005‑10), work by children in mines is one of the worst forms of child labour and its objectives include the prevention and elimination of these forms of child labour. The Committee requests the Government to provide information on the impact of the time-bound measures adopted in the context of the implementation of the National Plan for the Prevention and Elimination of Child Labour with a view to preventing children from being employed in mines and providing the necessary and appropriate direct assistance for the removal of children from this worst from of child labour. In particular, it requests the Government to indicate the number of children who are prevented in practice from being engaged in hazardous types of work in mines and who are removed from these types of work. Finally, the Committee asks the Government to provide information on the measures adopted to ensure the rehabilitation of these children.

Clause (d). Children at special risk. Child domestic workers. In its comments, the ITUC indicates that there are no programmes intended to help children engaged in domestic work. The ITUC adds that very few or no shelters have the means to provide assistance to child domestic workers, such as education and training services, advice or financial assistance. The Committee notes that the elimination of work by children as domestic workers, as a hazardous form of work, is included in the objectives of the National Plan for the Prevention and Elimination of Child Labour (2005–10). The Committee observes that children, and particularly young girls, when engaged in domestic work are often the victims of exploitation, which can take on very diverse forms, and that it is difficult to supervise their conditions of work due to the clandestine nature of such activities. The Committee requests the Government to take immediate and effective time‑bound measures in the context of the National Plan for the Prevention and Elimination of Child Labour (2005–10) with a view to protecting children engaged in domestic work from the worst forms of child labour, removing them and providing the necessary and appropriate direct assistance for their rehabilitation and social integration, particularly through the establishment of shelters provided with the necessary resources.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Article 3(d). Hazardous types of work. The Committee notes that, under section 58(1) of the Code of Children and Young Persons, work by adolescents (any human being between 12 and 18 years of age – section 1) is prohibited in underground premises, work involving the handling of excessive weights or toxic substances and activities in which their security or that of other persons is under their responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing the Directive respecting the authorization of adolescents to work, of 25 August 1994, prohibits work by adolescents in: (1) underground premises and work involving the handling of excessive weights; (2) activities which are hazardous or harmful for health or morals; (3) activities in which their safety or that of other persons is placed under their responsibility; and (4) work involving the handling of explosives or inflammable substances. The Committee notes that a Bill to amend the Code of Children and Young Persons is currently under examination. It notes that the Bill makes amendments to sections 51 and 58 of the Code. The Committee observes that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. The Committee notes that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 18 years of age). It understands, from a reading of these provisions, that the prohibition covers all persons under 18 years of age. The Committee requests the Government to clarify the age applicable for the prohibition of the performance of hazardous types of work covered by sections 51 and 58 of the Bill to amend the Code of Children and Young Persons.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that the Government has adopted a list of types of work that are hazardous for young persons. It also notes that various ministries, employers’ and workers’ organizations, UNICEF, the ILO and NGOs participated in the process of formulating this list.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, hazardous types of work and to communicate the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Directorate for the Protection of Minors and Occupational Safety and Health. The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion has established the Directorate for the Protection of Minors and Occupational Safety and Health. The Directorate coordinates activities to monitor the application of standards relating to work by children and adolescents in 500 work centres. It works with a group of labour inspectors who are responsible solely for child labour. The Committee requests the Government to provide information on the activities of the Directorate for the Protection of Minors and Occupational Safety and Health, on the mechanisms established in practice for the implementation of standards respecting work by children and adolescents in 500 work centres, and on the results obtained by the labour inspection services, particularly by providing extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of this Article.

2. Standing Multisectoral Working Group on Trafficking in Persons. The Committee notes with interest that a Standing Multisectoral Working Group on Trafficking in Persons has been established (Presidential Decree No. 002-2004-IN of 19 February 2004). It requests the Government to provide information on the activities of this Working Group in relation to the sale and trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of government bodies, employers’ and workers’ organizations, as well as civil society and international cooperation institutions, the ILO, UNICEF and the Pan-American Health Organization (PAHO). The functions of the Steering Committee include formulating and coordinating policies and programmes for the elimination of child labour. The Committee also notes that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate the worst forms of child labour. The Committee requests the Government to provide a copy of the National Plan once it has been adopted. It also requests the Government to provide detailed information on the implementation of the National Plan in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that article 2(24)(b) of the Constitution and sections 123, 153, 179, 179-A, 181-A of the Penal Code establish effective and decisive penalties prohibiting: the sale and trafficking of children; debt bondage; forced or compulsory labour and the use, procuring or offering of a child for prostitution, the production of pornography or for illicit activities, such as the trafficking of drugs and begging. The Committee also notes that section 19 of the General Act on the labour inspectorate and the protection of workers (Decree No. 910) and section 44 of the regulations issued under the General Act (Presidential Decree No. 020-2001-T) establish penalties for violations of the provisions prohibiting child labour, particularly in the case of hazardous types of work. It requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes with interest that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10) (Presidential Decree No. 003-2002-PROMUDEH of 7 June 2002). It requests the Government to provide information on the measures adopted in the framework of this Plan to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Sexual exploitation. The Committee notes that the Government is collaborating with ILO/IPEC on the following programmes of action: elimination of the sexual exploitation of children; and the prevention and elimination of abuse and sexual exploitation in domestic work. It also notes that one of the objectives of the National Plan of Action for Children and Young Persons is to eliminate the worst forms of child labour and to reduce the sexual exploitation of girls and boys by 2010. The Committee further notes the information provided by the Government that the Ministry of Labour and Social Development has prepared a strategic plan to combat the commercial sexual exploitation of children and young persons for the period 2004-08. The two principal orientations of the plan are to give priority to combating commercial sexual exploitation and to strengthen the national network against commercial sexual exploitation. Moreover, the Committee notes that a project for prevention and protection of the victims of commercial sexual exploitation is currently being implemented in ten regions of Peru. The Committee requests the Government to provide detailed information on the measures adopted in the context of the National Plan of Action for Children and Young Persons with a view to eliminating the worst forms of child labour, and particularly the commercial sexual exploitation of children and young persons. It also requests the Government to provide information on the activities carried out in the context of the strategic plan to combat the commercial sexual exploitation of children and young persons. The Committee further requests the Government to provide information on economic alternatives and the measures taken to ensure the rehabilitation and social integration of children removed from commercial sexual exploitation. Finally, it requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. 1. ILO/IPEC activities. The Committee notes that, according to the information provided by the Government, several activities related to education have been implemented with ILO/IPEC with a view to combating child labour. These activities relate, among other objectives, to: education and the elimination of child labour; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the strengthening of education in the Abastos de la Parada market; the prevention and elimination of child labour in the centre of Lima through training for child workers; and the elimination of child labour in rubbish dumps through educational methods. The Committee requests the Government to provide information on the impact of the above activities, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

2. National Plan of Action for Children and Young Persons (2002-10) and education. The Committee notes that, in the framework of the National Plan of Action, the Government plans to take measures so that children and young persons who work attend school, thereby reducing the school drop-out rate. It requests the Government to provide information on the impact of the National Plan of Action, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

Clause (d). Identification of children at special risk. Begging. The Committee notes that one of the objectives of the National Plan of Action for Children and Young Persons is to reduce begging. The Committee requests the Government to provide information on the results obtained, particularly with regard to the number of children who are in practice removed from begging.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which, in the context of the National Plan of Action for Children and Young Persons (2002-10), it intends to afford particular attention to the special situation of girls and to protect them from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Peru is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in its concluding observations on the second periodic report of Peru in February 2000 (CRC/C/15/Add.120, paragraph 3), the Committee on the Rights of the Child noted the National Strategy to Combat Poverty (1995-2000) adopted by the Government as a basis for a medium-term strategy to combat poverty. The Committee requests the Government to provide information on the impact of this National Strategy, and particularly its contribution to eliminating the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes with interest the study carried out by the National Institute of Statistics and Information Technology entitled “Overview of work by children and young persons in Peru, 2001”. According to the statistics contained in this study, around 1,985,000 children and young persons between the ages of 6 and 17 years work in Peru. However, as indicated by the Government, these statistics do not relate to the worst forms of child labour. Furthermore, according to the Government, there are no reliable means of determining the real dimensions of the economic exploitation of children in Peru. The Committee therefore requests the Government to take the necessary measures to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions initiated, convictions and penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes the Government’s first and second reports.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits the trafficking of human beings in all its forms. It also notes that, under the terms of section 153 of the Penal Code, it is an offence to detain or transfer a minor from one place to another through violence, threats or deceit, with a view to obtaining an economic benefit or exploiting the victim economically. Furthermore, by virtue of section 182 of the Penal Code, it is an offence to cause or facilitate the interception of a person with a view to taking that person out of or bringing that person into the country, or transferring that person within the country, to engage in prostitution or to subject that person to sexual or pornographic purposes.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits deprivation of liberty in all its forms. It also notes that the same provision prohibits slavery and servitude.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of section 2 of Act No. 27178 respecting military service, the Act applies to men and women between the ages of 17 and 45 years, who are considered to be of an age to perform their military service. It also notes that, under the terms of section 6 of Act No. 27178, forced recruitment as a procedure for the enrolment of personnel for active service is prohibited. Furthermore, section 42 of Act No. 27178 provides that active service means service performed by selected volunteers, men or women, between the ages of 18 and 30 years, in a unit or dependent service of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 179 of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who causes or facilitates the prostitution of other persons is guilty of the crime of incitement to prostitution. It also notes that, under section 181, also as amended by Act No. 28251, any person who compromises, seduces or removes a person to deliver her or him to another with a view to engaging in sexual relations is guilty of the offence of procuring. Furthermore, the Committee notes that Act No. 28251 criminalizes the client. Accordingly, section 179-A of the Penal Code establishes a penalty for any person who, in exchange for an economic benefit or a benefit of any other nature, engages in a sexual act with a person between 14 and 18 years of age.

The Committee also notes that, under section 181-A(1) of the Penal Code, as added by Act No. 28251, any person who originates, publicizes, encourages or facilitates sexual tourism, by any means, writings, brochures, printed, visual, audio, electronic, magnetic or Internet materials, with a view to offering sexual relations of a commercial nature with persons aged 14 years but under 18 years, is guilty of a crime. A heavier penalty is envisaged if the children used are under 14 years of age. Furthermore, section 182-A of the Penal Code, as added by Act No. 28251, penalizes those who manage or are responsible for publications or editions which publicize child prostitution, child sexual tourism or the trafficking of persons under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 183(2)(2) of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who incites a minor under 18 years of age to engage in an obscene act is guilty of a crime. It notes that, under the terms of section 183-A(1) of the Penal Code, any person who originates, possesses, produces, distributes, exhibits, offers, commercializes or publishes, imports or exports, by any means whatsoever, including through the Internet, objects, books, written materials or images, or who produces performances of a pornographic nature in which children between the ages of 14 and 18 years are used, is guilty of the crime of child pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Trafficking of drugs. The Committee notes that the Act prohibiting the illicit trafficking of drugs (Decree No. 22095 of 21 February 1978) prohibits the illicit trafficking of drugs (section 54), the cultivation, production or extraction of drugs (section 55(1)) and the import, export, sale, distribution or transport of drugs (section 55(2)). It also notes that, under the terms of section 57(c) of the Act, penalties are envisaged for any person who makes use of young persons under 18 years of age to commit offences prohibited by the law.

2. Begging. The Committee notes the adoption in March 2004 of Act No. 28190 protecting minors from begging. The Committee notes that section 128 of the Penal Code, as amended by the second provision in fine of Act No. 28190, establishes penalties for persons who endanger the life or health of a person placed under their authority, who is dependent on them, who is under their responsibility or surveillance or of whom they are the guardian, particularly by compelling or encouraging that person to beg in public places.

Article 3(d). Hazardous types of work. The Committee notes that, under section 58(1) of the Code of Children and Young Persons, work by adolescents (any human being between 12 and 18 years of age - section 1) is prohibited in underground premises, work involving the handling of excessive weights or toxic substances and activities in which their security or that of other persons is under their responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing the Directive respecting the authorization of adolescents to work, of 25 August 1994, prohibits work by adolescents in: (1) underground premises and work involving the handling of excessive weights; (2) activities which are hazardous or harmful for health or morals; (3) activities in which their safety or that of other persons is placed under their responsibility; and (4) work involving the handling of explosives or inflammable substances. The Committee notes that a Bill to amend the Code of Children and Young Persons is currently under examination. It notes that the Bill makes amendments to sections 51 and 58 of the Code. The Committee observes that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. The Committee notes that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 18 years of age). It understands, from a reading of these provisions, that the prohibition covers all persons under 18 years of age. The Committee requests the Government to clarify the age applicable for the prohibition of the performance of hazardous types of work covered by sections 51 and 58 of the Bill to amend the Code of Children and Young Persons.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that the Government has adopted a list of types of work that are hazardous for young persons. It also notes that various ministries, employers’ and workers’ organizations, UNICEF, the ILO and NGOs participated in the process of formulating this list.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, hazardous types of work and to communicate the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Directorate for the Protection of Minors and Occupational Safety and Health. The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion has established the Directorate for the Protection of Minors and Occupational Safety and Health. The Directorate coordinates activities to monitor the application of standards relating to work by children and adolescents in 500 work centres. It works with a group of labour inspectors who are responsible solely for child labour. The Committee requests the Government to provide information on the activities of the Directorate for the Protection of Minors and Occupational Safety and Health, on the mechanisms established in practice for the implementation of standards respecting work by children and adolescents in 500 work centres, and on the results obtained by the labour inspection services, particularly by providing extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of this Article.

2. Standing Multisectoral Working Group on Trafficking in Persons. The Committee notes with interest that a Standing Multisectoral Working Group on Trafficking in Persons has been established (Presidential Decree No. 002-2004-IN of 19 February 2004). It requests the Government to provide information on the activities of this Working Group in relation to the sale and trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of government bodies, employers’ and workers’ organizations, as well as civil society and international cooperation institutions, the ILO, UNICEF and the Pan-American Health Organization (PAHO). The functions of the Steering Committee include formulating and coordinating policies and programmes for the elimination of child labour. The Committee also notes that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate the worst forms of child labour. The Committee requests the Government to provide a copy of the National Plan once it has been adopted. It also requests the Government to provide detailed information on the implementation of the National Plan in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that article 2(24)(b) of the Constitution and sections 123, 153, 179, 179-A, 181-A of the Penal Code establish effective and decisive penalties prohibiting: the sale and trafficking of children; debt bondage; forced or compulsory labour and the use, procuring or offering of a child for prostitution, the production of pornography or for illicit activities, such as the trafficking of drugs and begging. The Committee also notes that section 19 of the General Act on the labour inspectorate and the protection of workers (Decree No. 910) and section 44 of the regulations issued under the General Act (Presidential Decree No. 020-2001-T) establish penalties for violations of the provisions prohibiting child labour, particularly in the case of hazardous types of work. It requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes with interest that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10) (Presidential Decree No. 003-2002-PROMUDEH of 7 June 2002). It requests the Government to provide information on the measures adopted in the framework of this Plan to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Sexual exploitation. The Committee notes that the Government is collaborating with ILO/IPEC on the following programmes of action: elimination of the sexual exploitation of children; and the prevention and elimination of abuse and sexual exploitation in domestic work. It also notes that one of the objectives of the National Plan of Action for Children and Young Persons is to eliminate the worst forms of child labour and to reduce the sexual exploitation of girls and boys by 2010. The Committee further notes the information provided by the Government that the Ministry of Labour and Social Development has prepared a strategic plan to combat the commercial sexual exploitation of children and young persons for the period 2004-08. The two principal orientations of the plan are to give priority to combating commercial sexual exploitation and to strengthen the national network against commercial sexual exploitation. Moreover, the Committee notes that a project for prevention and protection of the victims of commercial sexual exploitation is currently being implemented in ten regions of Peru. The Committee requests the Government to provide detailed information on the measures adopted in the context of the National Plan of Action for Children and Young Persons with a view to eliminating the worst forms of child labour, and particularly the commercial sexual exploitation of children and young persons. It also requests the Government to provide information on the activities carried out in the context of the strategic plan to combat the commercial sexual exploitation of children and young persons. The Committee further requests the Government to provide information on economic alternatives and the measures taken to ensure the rehabilitation and social integration of children removed from commercial sexual exploitation. Finally, it requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. 1. ILO/IPEC activities. The Committee notes that, according to the information provided by the Government, several activities related to education have been implemented with ILO/IPEC with a view to combating child labour. These activities relate, among other objectives, to: education and the elimination of child labour; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the strengthening of education in the Abastos de la Parada market; the prevention and elimination of child labour in the centre of Lima through training for child workers; and the elimination of child labour in rubbish dumps through educational methods. The Committee requests the Government to provide information on the impact of the above activities, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

2. National Plan of Action for Children and Young Persons (2002-10) and education. The Committee notes that, in the framework of the National Plan of Action, the Government plans to take measures so that children and young persons who work attend school, thereby reducing the school drop-out rate. It requests the Government to provide information on the impact of the National Plan of Action, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

Clause (d). Identification of children at special risk. Begging. The Committee notes that one of the objectives of the National Plan of Action for Children and Young Persons is to reduce begging. The Committee requests the Government to provide information on the results obtained, particularly with regard to the number of children who are in practice removed from begging.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which, in the context of the National Plan of Action for Children and Young Persons (2002-10), it intends to afford particular attention to the special situation of girls and to protect them from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Peru is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in its concluding observations on the second periodic report of Peru in February 2000 (CRC/C/15/Add.120, paragraph 3), the Committee on the Rights of the Child noted the National Strategy to Combat Poverty (1995-2000) adopted by the Government as a basis for a medium-term strategy to combat poverty. The Committee requests the Government to provide information on the impact of this National Strategy, and particularly its contribution to eliminating the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes with interest the study carried out by the National Institute of Statistics and Information Technology entitled "Overview of work by children and young persons in Peru, 2001". According to the statistics contained in this study, around 1,985,000 children and young persons between the ages of 6 and 17 years work in Peru. However, as indicated by the Government, these statistics do not relate to the worst forms of child labour. Furthermore, according to the Government, there are no reliable means of determining the real dimensions of the economic exploitation of children in Peru. The Committee therefore requests the Government to take the necessary measures to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions initiated, convictions and penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.