Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.