Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the oral and written information provided by the Government representative to the Conference Committee in 1992 concerning the allegations made by the National Federation of Miners, Metalworkers and Iron and Steel Workers of Peru (FNTMMSP) concerning the situation of mine workers and workers in the Madre de Dios gold-mines and washeries, and the unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado. The information also referred to the situation of the indigenous communities in Atalaya, which had been raised by the Committee in previous comments.

I. Indigenous communities in Atalaya

The Committee notes the final report of the Multisectoral Committee (set up by Resolution No. 083-88-PCM, and made up of various bodies of the Ministries of Labour, Justice, Agriculture and the Peruvian Indian Institute) on the situation of the indigenous communities of Atalaya, which was supplied by the Government. This report establishes that "the indigenous communities in Atalaya, who are known as "captives", are subject to servitude in large and medium-sized stock-raising and/or timber estates, providing free or semi-free labour under the system of "advances" ("habilitacion" or "enganche"). This system consists of advances given by an employer to an Indian worker in the form of work utensils, meals or money, in order to obtain the wood with which, in theory, he can subsequently repay the initial debt and obtain income for the survival of his family. Obliged to repay the original advance as well as interest on it, the Indians are caught in a vicious circle of exploitation and poverty which becomes their permanent condition. According to the report, 17 estates have been denounced as basing their labour relations on slavery and servitude."

Manner in which labour is obtained

According to the report which was supplied by the Government, in the estates in which inspection visits were undertaken "there exists a population which remains from generation to generation, with their servile condition being passed on from father to son. The violent abduction of children occurs frequently, or they are kidnapped under cover of patronage for their baptism, only to be held for life as servants." Other means of obtaining labour are "advances" ("habilitacion" or "enganche"), described above. The report adds that, "by being violently subjected to conditions of work based on the deprival of their free will, the Indians are submerged in a system of slavery and are deprived of all liberty and their constitutional rights."

With regard to their conditions of work, the report states that the Indian workers "work between 10 and 12 hours every day, which is made worse by the fact that they are not paid the minimum living wage and are certainly not compensated for overtime, in violation of section 44 of the National Constitution. Nor are the provisions of labour legislation observed with regard to rest periods, social security and occupational health and safety." Furthermore, the report also points out "the difficulty or impossibility for the Indians to move freely outside the estate or camp and their imprisonment for debt in improvised prisons in the estates". The report concludes that the situation in the region of Atalaya "merits urgent action by the State".

The Committee notes the recommendations made by the Multisectoral Committee in its report to which the Government representative referred in the discussion in the Conference Committee concerning the tasks to be undertaken by the Ministry of Labour: (1) preventive inspection of estates and settlements which have been the subject of complaints; (2) the creation of the "work zone of Atalaya", where the inspection service must to be adequately implemented; (3) the coordination of Indian organizations for the permanent training of communal authorities and leaders in work issues. Its recommendations also include the application of the sanctions which are required and the extension of the mandate of the Multisectoral Committee.

In his statement to the Conference Committee, the Government representative regretted that it had not been possible to implement the recommendations relating to the creation of a regional work zone and the training of the communal authorities and leaders. He also stated that inspections carried out under the Ministry of Labour had not been able to examine in depth the situation in the estates which had been the subject of complaints due to the lack of collaboration by the local authorities, by employers and as a result of a shortage of resources.

The Committee hopes that the Government will take the necessary measures to eradicate the practices of debt servitude, and deceitful and violent means of obtaining labour, as well as the subhuman conditions of work and the exploitation of children under conditions of forced labour in the indigenous communities of Atalaya.

II. Unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado

The Committee referred previously to the allegations made by the FNTMMSP concerning the situation in the chestnut-peeling enterprises in Puerto Maldonado, according to which hundreds of children work alongside their mothers in these enterprises for up to 12 hours a day and receive no remuneration whatsoever. These enterprises mainly hire mothers, who enlist the assistance of their children in order to fill the number of barrels of chestnuts that are required daily.

In his statement to the Conference Committee, the Government representative indicated that in 1991 there had been a wage increase in chestnut-peeling enterprises as a result of collective bargaining. He also indicated that, although the Peruvian legislation contained provisions to prevent the exploitation of children, child labour was associated with poverty and the need for families to provide for basic survival, and could not be eradicated only through legislation. The Committee notes the reference to section 128 of the Penal Code, which permits sanctions to be imposed upon parents who, seeking a higher income, subject their children to work without a contract. In this context, the Committee requests the Government to supply information on provisions under which it is also possible to punish persons who do not have a family relationship with the children and obtain from them, by indirect means, the performance of unremunerated work.

The Committee requests the Government to supply information on the situation in the chestnut-peeling sector with reference to the employment of women and the use of child labour under the conditions which have been alleged, as well as copies of inspection reports drawn up on the situation and statistical data enabling the scope of the problem to be assessed.

The Committee hopes that the Government will take the necessary measures to prevent children from being indirectly compelled to work, in conditions of exploitation which bear no resemblance to a free employment relationship, and to report on progress achieved in this respect.

III. Workers in the Madre de Dios gold-mines and washeries

The Committee noted the allegations made by the FNTMMSP concerning in particular the dishonest hiring practices known as "enganche" on the part of individuals or agencies, for the most part in Puno and Cuzco, which recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (hence the term "noventeros" (90-day workers) for these 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 alleges 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, rabies and uta (a skin disease).

The Committee requested the Government to supply the report of the Multisectoral Committee set up by Ministerial Resolution No. 275-90 PCM of 26 June 1990 to investigate the situation of workers in the Madre de Dios gold washeries, as well as the inspection programmes and the draft rules, which were referred to by the Government, to ensure the protection of the workers concerned.

The Committee notes with interest the information supplied by the Government representative to the Conference Committee concerning the sanctions which have been imposed on certain clandestine employment bureaus and the fact that some have been ordered to close, as well as the action which has been taken by the labour authority of Cuzco to ensure that labour contracts are concluded and approved by those concerned.

The Committee requests the Government to supply the final report of the Multisectoral Committee set up by Ministerial Resolution No. 275-90-PCM of 26 June 1990, as well as the inspection programmes and information on any other measure which has been taken to ensure that the Convention is given effect in practice.

The Committee notes that under section 42 of the National Constitution, "In all labour relations, any condition which impedes the exercise of the constitutional rights of the workers or which does not recognize or diminishes their dignity is prohibited", and that "No one can be obliged to provide personal work without his free consent and without the compensation due to him." Section 2, paragraph 20(b) provides that "slavery, servitude, and traffic in human beings in any form whatsoever are abolished", and section 2, paragraph 20(c) that "there is no debtors' prison".

The Committee notes that, with reference to the various situations referred to above, the Government representative of Peru stated to the Conference Committee that they were illegal, that such practices were prohibited by the Constitution and that sanctions were provided for in the new Penal Code of 1991. He also stated that, although the Ministry of Labour is not present throughout the national territory, periodical inspections are carried out.

The Committee notes that the situations examined above represent important violations of Conventions Nos. 29 and 105. The subjection of the workers in their employment relationship, the fact that it is impossible for them to end the employment relationship, and the very bad conditions of work are all in contravention of the principles of Convention No. 29 and the provisions of the national legislation. Moreover, such situations are not in conformity with the obligation set out in Article 1, Paragraph (b), of Convention No. 105 concerning the abolition of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee trusts that the Government will take the decisive measures which are required by such serious situations in order to ensure that Conventions Nos. 29 and 105 are respected and to eradicate violent or deceitful forms of obtaining labour, the system of debt servitude, the inhuman conditions of work in mines and estates, as well as the means which are used to ensure the continuation of the employment relationship and obtain the forced labour of children. The Committee requests the Government to supply information concerning these measures and the sanctions imposed upon persons who illegally exact forced labour, under the relevant provisions of the national legislation and Article 25 of Convention No. 29.