Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the detailed information supplied by the Government and the discussion that took place at the Conference Committee in 1993 on the problems concerning the observance of the Convention encountered by the indigenous communities in Atalaya and the workers in the Madre de Dios gold mines and washeries.

1. Indigenous communities in Atalaya.

In its previous observation the Committee asked the Government to take the necessary measures to eradicate the practices of debt bondage, deceitful or violent recruitment of labour, subhuman conditions of work and the exploitation of children in conditions of forced labour in the indigenous communities of Atalaya, all of which were confirmed by the report of the Multisectoral Committee on the Situation of Indigenous Communities in Atalaya (set up by resolution 083-88-PCM).

The Committee noted the recommendations made in the above-mentioned report, which include the creation of a "regional work area of Atalaya" as an institution to be responsible for activities to prevent labour disputes, to protect the right of workers in that area and particularly in indigenous or native communities. The need to set up such an institution as a dependency of the Ministry of Labour in that area was already referred to in the Report of the Special Inspection Visit to the Atalaya Area (1988) which was communicated by the Government. The Committee also notes that, in communications sent to the Ministry of Labour in 1993, by the Atalaya Regional Indigenous Organization (OIRA) and the Front for the Defence of the Interests of the Province of Atalaya, reference is made to the importance of setting up an office of the Ministry of Labour in this area to combat the injustice and exploitation to which the native communities are subjected, and an appeal was made for the prompt establishment of that office since the communities in question do not have access to the Regional Labour Directorate to defend their rights since travel is difficult and costly. Similarly, the minutes of a meeting attended by the Atalaya state authorities and various personalities and representatives of indigenous organizations state the need to set up the "area of labour and social promotion of Atalaya" and express the hope that this necessity has come to the knowledge of the higher authorities which are able to issue the necessary legislation so that it does not remain a mere project.

The Committee notes from the report sent by the Government in November 1993 that the regional work area of Atalaya has still not been established.

In its report the Government indicates that the General Directorate of Labour and Social Promotion of Ucayali organized a joint inspection operation in cooperation with the judiciary, the police, the department of the Public Prosector, the Ministry of Agriculture and the Prefecture. The Committee requests the Government to provide copies of inspection reports, especially particulars of the number and nature of infringements recorded and the penalties imposed.

With regard to the indigenous communities in Atalaya the Committee observes that, although some action has been taken, neither the measures recommended by the Multisectoral Committee nor those put forward in 1988 in the Report of the Special Inspection Visit which, in addition to the establishment of the regional labour area, include the establishment of a mixed court, the opening up of provincial inspection, the creation of the Council for Social Promotion and the opening of roads, have been implemented.

2. Workers in the Madre de Dios gold mines and washeries.

The Committee had requested the Government to provide the report of the Multisectoral Committee established by Ministerial Resolution No. 275-90 DCM of 26 June 1990 to investigate the situation of workers in the Madre de Dios gold washeries. With regard to these workers, the Committee noted the allegations made by the National Federation of Miners, Metal Workers and Iron and Steel Workers of Peru (FNTMMSP) concerning dishonest hiring practices known as "enganche" on the part of individuals, for the most part in Puno and Cuzco, who 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) after which the employers are supposed to cover the costs of workers' return journeys: but generally fail to do so with the result that the 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 notes the information contained in the report "Minors working in the Madre de Dios washeries" drawn up by the coordinating committee of the rights of the child, Inca region, which was submitted to the Conference Committee in June 1993 by a Worker member, concerning the subhuman working conditions of many minors working in the washeries. According to this report, it was revealed in the national news that there were common graves in certain of the areas where the gold washeries are located and many of the corpses found were of children, adolescents and young people who had died of diseases and work accidents (rabies, tetanus, various infections, falls) and contusions inflicted by the mine bosses themselves as part of their abusive treatment and practices of slavery. The report also mentions that the children may have been killed while attempting to escape or because they protested about their working conditions.

The Committee notes with interest the Government's indication that, as a result of the operation carried out on 1 October 1993 in the area known as Boca Colorado (Madre de Dios) by the Ministry of Labour with the participation of representatives of the judiciary, seven young people were rescued who were being exploited as slaves in one of the washeries, and that in official communication No. 016-93-RR.PP of 4 October 1993 the Ministry of Labour and Social Welfare determined that the Public Prosecutor should bring criminal action against those found to be responsible for having forced minors to work in such conditions and that the work centres that have operated unlawfully should be closed down. The testimony of the young people who were freed confirmed that dishonest means of recruitment are used by "enganchadores" who then "sell" the young people to the owners of the washeries and that the workers are overseen and supervised by armed men.

The Committee notes the various measures that have been taken regarding the situation of these workers: clandestine recruitment agencies have been closed down and fined; campaigns have been organized to inform workers so that they are not deceived by "enganchadores"; and the regional area for labour and social welfare of Huaypetue has been set up so that workers in the Huaypetue and Colorado areas can now have recourse to this jurisdiction rather than having to travel by river for two or three days to Madre de Dios.

The Committee also notes the Government's indication that it has been decided to frame a directive on the requirements for bringing in workers to the Madre de Dios area and on the prohibitions for the work of minors, the text of which is to be distributed to all officers of the national police. The Committee requests the Government to provide a copy of that directive.

The Committee observes that, although certain measures have been taken to eradicate the situations referred to above from the indigenous communities of Atalaya and the gold mines and washeries of Madre de Dios, there are, none the less, problems which still call for energetic and sustained action on the part of the authorities. The Committee trusts that the Government will take the necessary measures to end the practices whereby many workers, including minors, are subjected to forced labour. In this connection, it appears particularly necessary to give effect to Article 25 of the Convention under which the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to report on the progress and outcome of the action brought by the Public Prosecutor in the cases of forced labour noted in the Boca Colorado area (Madre de Dios).