Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Pérou (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pérou (Ratification: 2021)

Autre commentaire sur C029

Observation

Demande directe

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

1. Articles 1(1) and 2(1) of the Convention. Impact of certain clauses in the model contract signed by teachers at the Pontifical Catholic University of Peru on their freedom to leave their employment. The Committee notes the adoption by the Governing Body at its 329th Session (March 2017) of the recommendations made by the tripartite committee set up to examine the representation made under article 24 of the ILO Constitution by the General Confederation of Workers of Peru (CGTP) alleging non-observance by Peru of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). The Committee observes that the representation is concerned with the effect of certain clauses in successive short-term contracts signed by a number of lecturers and the Pontifical Catholic University (the University). The clauses concerned provide that if, upon expiry of the employment contract, the employee has not completed the required academic duties, he/she shall undertake either to fulfil the outstanding duties at no additional cost to the University or to receive reduced social security contributions and, where these are insufficient, to repay any amounts due to the University. The Committee notes that the tripartite committee suggested that the Government should ensure “that the issue of model contracts and the clause mentioned in paragraph 26 be examined by the University and the competent authorities, in order to avoid a situation where the repeated use of said clauses leads to an accumulation of debt that places workers in a situation of dependency affecting their freedom to terminate an employment relationship”. The tripartite committee invited the Government to ensure that the competent authorities hold discussions with the University to examine the content of and the terms and conditions for the implementation of the model contracts signed between the University and the lecturers that it employs. The Committee therefore requests the Government to send information in its next report on the measures taken towards this end.

2. Referring to its observation, the Committee requests the Government to provide, in addition to the information on the implementation of the Second National Plan to Combat Forced Labour (PNLCTF-II) and the application of the legislation criminalizing forced labour, more detailed information on the following points.

Articles 1(1) and 2(1 ). (a) Domestic work in conditions of forced labour. Regarding the measures taken to provide greater protection for women domestic workers from practices amounting to forced labour, the Committee notes the adoption of the Plan of Action to promote observance of the rights of domestic workers 2016–17 (Ministerial Decision No. 066-2016-TR). It notes that a round table is due to be set up to provide follow-up to this plan. Moreover, to encourage the formalization of this sector, a register of domestic workers and their dependants has been established enabling employers to register their employees online, thereby entitling them to medical benefits under the health insurance scheme. According to the Health Insurance Fund (EsSalud), 65 per cent of domestic workers had health insurance coverage in 2015. The Committee requests the Government to provide information on the implementation of the Plan of Action to promote observance of the rights of domestic workers 2016–17, particularly as regards actions aimed at raising workers’ awareness of their rights, guaranteeing them adequate assistance and protection to enable them to report any exploitation of which they are victims to the competent authorities, and strengthening controls in this sector.

(b) Trafficking in persons. Referring to its previous comments, the Committee notes with interest that the Government has continued to strengthen the legislative and institutional framework for combating trafficking in persons and the protection of victims of this offence. In particular, it notes the adoption of the following measures:

-Act No. 30251 of 30 September 2014 amending section 153 of the Penal Code by expanding the definition of trafficking in persons and by stating that the victim’s consent to any form of exploitation shall be null and void where the perpetrator has had recourse to means such as violence, threats, deception, abuse of authority or a situation of vulnerability;
-Supreme Decree No. 001-2015-JUS approving the national policy against trafficking in persons and related forms of exploitation. This policy proposes strategies and guidelines for its implementation through prevention, suppression and victim protection;
-Supreme Decree No. 001-2016-IN of 8 February 2016 establishing the Standing Multi-sectoral Committee against Trafficking in Persons and the Illicit Trafficking of Migrants (which replaces the Standing Multi-sectoral Working Group against Trafficking in Persons). The aforementioned Committee is responsible for the coordination and follow-up of activities to be implemented as part of the National Action Plan against trafficking in persons 2011–16 and the production of an annual progress report thereon, and also an annual report on trafficking in persons;
-the Inter-sectoral Protocol for the prevention and suppression of trafficking in persons and for victim protection, assistance and reintegration, which establishes operational guidance in all of these fields (Supreme Decree No. 005-2016-IN); and the Protocol for police assistance and protection to victims and witnesses of trafficking in persons (Ministerial Decision No. 0430-2016-IN). As part of the implementation of this Protocol, 24 capacity-building workshops were held in various cities in the country in 2014 and 2015 and were attended by nearly 900 police officials.

As regards prevention measures, the Committee notes the awareness-raising activities undertaken by various government institutions, including those conducted by the Public Prosecutor’s Office for police officers and officials in the regions. The Government also refers to the distribution of information sheets for would-be Peruvian migrants, aimed at promoting a safe, officially authorized migration process and drawing attention to the risks of trafficking in persons. As regards victim protection, the Government indicates that “emergency centres for women” provide full assistance to victims of trafficking for sexual exploitation (40 women were admitted up to 2015 and 29 were admitted for the first six months of 2016). Lastly, as regards the suppression of trafficking, the Government indicates that since 2014, a total of 25 decentralized departments for the investigation of trafficking have been set up, which conduct inquiries and police operations in conjunction with the Directorate for the Investigation of Trafficking in Persons and the Illicit Trafficking of Migrants (DIRINTRAP). The statistics provided by the Government show that between January 2014 and June 2016, a total of 154 police operations were conducted which enabled the release of 1,197 suspected victims of trafficking; 118 judicial proceedings are in process (concerning 159 persons placed under investigation and 170 victims); and 42 court rulings have been handed down, with 68 convictions.

The Committee welcomes the Government’s efforts to establish a robust legislative and institutional framework for combating trafficking in persons and encourages it to take all the necessary steps to effectively implement its national policy against trafficking in persons and related forms of exploitation. It requests the Government to continue providing detailed information on this subject, including evaluation reports and annual reports produced by the Standing Multi sectoral Committee against Trafficking in Persons and the Illicit Trafficking of Migrants. Noting that few victims appear to have received protection and assistance by comparison with the number of victims released as a result of police operations, the Committee requests the Government to strengthen protection for victims and provide information on the measures taken in this respect. Lastly, the Committee requests the Government to send information on the operations conducted by DIRINTRAP and the decentralized departments for the investigation of trafficking, on the court proceedings instituted and the number and nature of convictions issued on the basis of sections 153 and 153-A of the Penal Code, and on the difficulties faced by the various authorities involved in the prosecution of trafficking in persons.