Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the comments submitted in April 1990 by the National Federation of Miners, Metalworkers and Iron and Steelworkers of Peru (FNTMMSP) concerning the application of Convention No. 29, a copy of which was transmitted to the Government in April 1990 so that it could make any comments it deemed appropriate.

In its comments, the above organisation alleges the existence of situations that infringe Convention No. 29, involving gold prospectors and workers in chestnut-peeling enterprises.

The documents appended to the above trade union's comments refer in particular to dishonest hiring practices known as "enganche" on the part of individuals or agencies, for the most part in Puno and Cuzco, that recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (which is why these workers are called "noventeros" (90-day workers)). At the end of the 90-day period, employers are supposed to cover the costs of workers' return journeys, but generally fail to do so with the result that workers are unable to return to their place of origin.

The FNTMMSP also indicates that, as regards working conditions, wages are too low, working hours too long and medical care non-existent, despite the high risk of contracting diseases such as malaria, tuberculosis and uta (disease of the skin).

The FNTMMSP also alleges that in the chestnut-peeling enterprises in Puerto Maldonado, hundreds of children work alongside their mothers for up to 12 hours a day and receive no remuneration whatsover. These enterprises mainly hire mothers, who enlist the assistance of their children in order to fill the six barrels of chestnuts that are required daily.

The Committee recalls that for a number of years it has been asking the Government to provide information on the conditions of employment of persons who in practice work under the system known as "enganche" and on all measures taken to secure observance of the Convention in this respect.

In this connection, the Committee notes that, according to the conclusions of the final report of the Multi-Sectoral Committee (established by Resolution No. 083-88-PCM) on the situation of the indigenous communities of Atalaya, certain communities are subjected to debt bondage on large and medium-sized agricultural and/or forestry estates, and constitute an unpaid or only partly paid workforce, being subject to the mechanisms of the system of "advances" or "enganche". In many cases, this bondage shows characteristics of slavery.

The Committee takes note of the indications concerning "enganche", to the effect that it is a system whereby the indigenous workforce is exploited by means of the so-called "advances" given by the employer to the worker and which may take the form of tools, food or money, so that the worker may fell the wood and, in theory, use it to pay back the initial debt and earn an income to provide for his family. Compelled to pay back the original advance plus interest, the indigenous workers are thus trapped in a vicious circle in which exploitation and poverty are a permanent way of life. The Committee has also noted allegations of cases illustrating the above situation.

In the absence of any information from the Government on the questions raised and in view of the information received from the above-mentioned trade union, the Committee hopes that the Government will take the necessary measures to investigate the situations described above and, where necessary, apply appropriate sanctions, in accordance with Article 25 of the Convention. The Committee hopes that the Government will provide detailed information on measures taken.