Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Forced labour by indigenous communities. In the observations that it has been making for many years, the Committee has referred to the existence of forced labour practices (slavery, debt bondage and serfdom) affecting members of indigenous communities, particularly in the Atalaya region in sectors such as agriculture, stock-raising and forestry. In its previous observation, the Committee requested information from the Government on the approval and implementation of the Plan of Action for the Eradication of Forced Labour.

Measures taken by the Government. The Committee notes the establishment of the National Commission to Combat Forced Labour, created by Presidential Decree No. 001-2007-TR, of 13 January 2007, the purpose of which is to act as the permanent coordination body for policies and action against forced labour in the various sectors at both the national and regional levels. Under the presidency of the Minister of Labour and Employment Promotion, the Commission is composed, among other members, of representatives of the Ministries of Labour, Health, Education, Agriculture and of employers’ and workers’ organizations. The Committee notes with interest that Presidential Decree
No. 009-2007-TR approved the National Plan to Combat Forced Labour (hereinafter, the “National Plan”), in the context of which the medium- and long-term policies are intended to address structural issues (the conditions of vulnerability of the victims) and the adoption of short-term coordinating measures to resolve specific instances of forced labour. The measures envisaged in the National Plan include: legislative action to specifically criminalize forced labour and to repress such practices; measures to strengthen and train the inspection services; undertaking investigations in sectors in which there are indications of situations of forced labour; developing a communication strategy to inform the population concerning the problem of forced labour and the computerized processing of complaints of cases of forced labour.

Legislative measures. The Committee notes that one of the objectives of the National Plan (component III) is “the existence of legislation in conformity with international standards respecting freedom of work and rules which give legal guarantees for action against forced labour”.

The Committee notes the action that has been envisaged in the National Plan and hopes that the Government will provide information on the progress achieved in relation to:

–      the formulation and harmonization of the legislation to combat the issue of forced labour;

–      the formulation of a draft text to regulate private employment agencies and systems for the training of the labour force, focusing on the prevention of forced labour, and their integration into the mandate of the labour inspectorate;

–      the preparation of a study on the viability of establishing standards for work in specific economic activities in which there are indications of forced labour;

–      providing ex officio legal defence services free of charge for citizens who have been victims of forced labour, with the criminal prosecution of persons who have actively committed the crime of forced labour.

Inspection. The Committee notes the major role of labour inspection in combating forced labour and that the action envisaged in the National Plan for institutional strengthening in the field of inspection, includes:

–      the creation of mobile inspection units in geographical areas that are difficult to access in which forced labour situations have been identified;

–      the establishment of machinery to receive complaints and forward them to the corresponding services;

–      the inclusion of a module on forced labour in training plans for the staff of the labour inspection system;

–      the inclusion of the subject of fundamental labour rights in the curriculum for the police school.

The Committee notes that, among the first actions planned, a bi-national workshop for Peru and Brazil is to be held in the city of Pucallpa-Ucayali, with the participation of specialists from the Brazilian mobile inspection unit. The principal objective of the workshop is to undertake practical action in the region of Ucayali to combat forced labour in the illegal felling of wood. The Committee requests the Government to provide information on the conclusions formulated at the bi-national seminar for Peru and Brazil and on the other action envisaged in the National Plan in relation to inspection services.

Research and statistics. Among the measures envisaged to identify the groups affected and the number of victims, the National Plan includes:

–      undertaking research on forced labour in specific sectors in which there are indications of situations of forced labour, such as nut harvesting in Madre de Dios, domestic work, fishing and artisanal mining, agriculture and various sectors of production throughout the Peruvian Amazon;

–      undertaking regular diagnostic exercises to evaluate the existence or identify evidence of forced labour and its gender dimensions in general terms.

With regard to domestic work under conditions of forced labour, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), forwarded to the Government in September 2006. In its comments, the ITUC alleges that elements of forced labour are found in the domestic work sector. Women form a majority of that sector and they live and work in the household of the employer. Employers often keep their identity documents and this makes it impossible for them to leave their jobs. In many cases, they do not receive any remuneration because they are indebted to their employer, who deducts from their wages food, housing, medical fees and the value of any damage caused by such workers, who have to continue working without wages to cover the costs.

The Committee hopes that the Government will provide information on the investigations that have been carried out in the sectors envisaged in the National Plan, and particularly on the situation of domestic work and the ITUC’s allegations.

Article 25. Penalties for the exaction of forced labour. In its previous observation, the Committee requested information on the number of complaints of cases of forced labour, the progress made in the investigation of these cases, and particularly the percentage of complaints which have given rise to prosecutions and the number of convictions obtained.

In its report, the Government indicates that there is no specific legislation addressing the issue of forced labour in an integral manner and that the State will therefore have to update and harmonize the criminal, labour and civil legislation on this subject. Furthermore, the National Plan envisages the establishment of machinery for complaints and the Ministry of Labour and non-governmental organizations are currently creating computer systems for this purpose. The Government adds that it has no information on prosecutions and convictions for forced labour.

The Committee recalls that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that it shall be an obligation on any Member ratifying the Convention to ensure that penalties imposed by law are really adequate and are strictly enforced. The Committee observes that the lack of specific provisions in criminal law to repress and penalize forced labour prevents effect from being given to this provision of the Convention with the consequence that those responsible for the exaction of forced labour enjoy impunity. Furthermore, the measures envisaged in the National Plan for the establishment of complaints procedures will not be effective as there is no legal basis to incriminate practices of forced labour.

The Committee hopes that the Government will rapidly take the necessary measures to specifically criminalize and repress practices of forced labour in criminal law. In the meantime, the Committee requests the Government to provide information on the complaints procedures that have been established and, where appropriate, the complaints that have been made under the current provisions of the national legislation.

The Committee welcomes the action which the Government has taken with a view to the eradication of forced labour. The measures envisaged, while constituting an important first step, will need to be strengthened and lead to systematic action that is commensurate with the scope and gravity of the problem. The direction taken by the National Plan should allow this objective to be achieved. The Committee hopes that each of the components of the National Plan of Action to Combat Forced Labour will be implemented effectively and that the Government will be able to provide information in its next report on the progress made and the results achieved.