Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 138) sur l'âge minimum, 1973 - Pérou (Ratification: 2002)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information, in its report, on the adoption of Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA). The Committee notes that, under section 51 of the CNA, the minimum age for work is set at 14 years, with the exception of light work at 12 years, and 15 years for non-industrial agricultural work, 16 years for industrial, commercial and mining work, and 17 years for work in industrial fishing. Section 50 of the Code requires a prior authorization for all adolescents to work and, although no prior authorization is required for those who are working in unpaid work within their own family, these adolescents must still be registered by the head of family in the relevant municipal register.

The Committee notes the Government’s indication that, although the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2020–21 (ENPETI) ended in 2021, its strategic axes of intervention continue to be used as a reference for the work plans of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) and the Regional Directorate for the Prevention and Eradication of Child Labour (CDRPETI). The Government further indicates that Ministerial Resolution No. 293-2022-TR formalized the elaboration process of the Multisectoral National Policy for the Prevention and the Elimination of Child Labour (PNMPETI), which is estimated to be approved in 2024. The Committee notes with interest the Government’s indication that the National Action Plan on Business and Human Rights 2021-2025 contains the strategic guideline to eventually raise the minimum age for work to 15 years.

The Committee takes note of the Government’s information on the measures taken towards the progressive elimination of child labour: (1) monitoring and periodically recording compliance with the goals established in the CPETI’s annual work plan; (2) strengthening the CDRPETI, through training, technical assistance and provision of audio-visual resources for knowledge exchange with different audiences of interest; (3) promoting the “Child Labour Free Seal” (SELTI) on agricultural products, offering an assurance for the end-customer that production was made without child labour; (4) through the adoption of Supreme Decree No. 018-2020-TR, implementing a prior authorization procedure for all working adolescents, including in the informal economy; (5) awareness-raising campaigns at the national level to disseminate information on child labour; and (6) in 2022, adoption of Ministerial Resolution No. 240-2022-TR, which institutionalized the model for the identification of risks of child labour (MIRTI), which proposes educational and socio-economic indicators, including of school attendance and type of housing, with a view to analysing the causes and determining locations where there is a high risk of child labour.

The Committee further notes, from the observations of the Autonomous Workers’ Confederation of Peru (CATP), that: (1) little information is available on the actions of the CDRPETI, and on how the CDRPETI and the CPETI coordinate their actions and exchange information; (2) the ENPETI did not have the necessary allocated budget for its full implementation and the CATP asks the Government to indicate how it will ensure that the PNMPETI will have sufficient resources for its implementation; (3) the SELTI is especially relevant as it intervenes in the rural sector, which according to national statistics has the highest rates of child labour, but the CATP seeks from the Government to find out when the second edition of the SELTI will take place and if it will be extended to other sectors of production; (4) despite the adoption of the CNA (section 50) and Supreme Decree No. 018-2020-TR requiring prior authorization for adolescent work, there has been a steady decrease in the number of registered working adolescents since 2015, from 547 registered working adolescents that year, to 132 working adolescents in 2022. The CATP alleges that some municipalities do not apply the requirement of pre-authorization, and it further suggests that few young persons are registered due to the lack of human resources, poor budget allocation and a lack of political will, but also because these young persons are likely working on their own account or under hazardous conditions; (5) at the local level, there is little political will and no specific budget allocated to implement the MIRTI; (6) despite monthly meetings of the CPETI, the participation of civil society and workers’ organizations is decreasing, and representatives of regional governments do not participate, which results in a lack of perspective and analysis from a territorial stand point; (7) since 2015 (the last Specialized National Survey on Child Labour) there has not been an effort to collect statistical information specifically relating to child labour, and although the annual National Survey of Households on Living Conditions and Poverty (ENAHO) provides some data relating to child labour, it is not detailed enough to provide a full overview of the extent and nature of child labour; and (8) there is a general lack of awareness of the existing legislations and national policies to combat child labour among the population. The Committee also takes note of the extensive list of recommendations formulated in the CATP’s observations; it notes in particular the CATP’s suggestion that a clear budget and necessary human resources should be allocated to implement the CPETI’s annual work plan, the MIRTI and the PNMPETI.

Finally, the Committee notes the Government’s indication that, during the implementation of the ENPETI, the rate of child labour decreased by 4.4 percentage points, from 14.8 per cent in 2012 to 10.4 per cent in 2019. However, the Committee notes that the Government, referring to the ENAHO, states that in 2021, because of the COVID-19 pandemic, child labour among children aged 5 to 17 years increased to 12.1 per cent. The Committee requests the Government to provide information on: (i) the CATP observations; (ii) the adoption and implementation of the Multisectoral National Policy for the Prevention and the Elimination of Child Labour (PNMPETI); (iii) the implementation of the MIRTI, including by indicating how many local governments have implemented the model so far and the number of children identified as being in child labour; (iv) the activities of the Regional Directorate for the Prevention and Eradication of Child Labour (CDRPETI) and National Steering Committee for the Prevention and Elimination of Child Labour (CPETI), including information on how both entities coordinate their actions and exchange information; and (v) the results achieved in the progressive elimination of child labour, by providing updated information on the nature, extent and trends of child labour, including in hazardous types of work and the informal economy. The Committee further requests the Government to provide information on the implementation of the National Action Plan on Business and Human Rights 2021–25 and on any progress reached to raise the minimum age for work to 15 years.

Article 2(1). Scope of application and labour inspection. The Committee notes that, under section 48 of the CNA, the Code applies to all adolescents who are working for another person or on their own account, including those who are engaged in domestic work and work for their family that is not remunerated. Only work in apprenticeships is excluded. It notes the Government’s indication that the National Supervisory Authority of Labour Inspection (SUNAFIL) detected 197 violations of child labour legislation in 2022 and 43 violations for the first half of 2023. The Government also indicates that in 2022, 12 cases were decided in the first instance and 9 cases were decided in the second instance. In 2023, there were 3 cases resolved in the first instance and 1 case resolved in the second instance. The Committee notes the CATP’s suggestion that the Government should create processes to combat informality and that it should undertake a survey on informal work among adolescents to identify and guide future governmental action. The Committee requests the Government to provide its comments in reply to the CATP’s observations. Recalling that the majority of children engaged in child labour were found in the informal economy and noting that the Government does not provide information on the measures taken in this regard, the Committee once again requests it to provide information on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account. It also requests the Government to continue to provide information on the number of violations relating to the employment of children and young persons detected by the labour inspectorate, and to include information on the nature of the violations detected and the penalties imposed, including in the informal economy.

Articles 2(1) and 3(3). Minimum age for admission to employment or work and admission to hazardous work from the age of 16 years. The Committee notes with interest that: (1) section 58 of the new CNA prohibits the employment of persons under the age of 18 years in hazardous work; and (2) the adoption of Supreme Decree No. 009-2022-MIMP sets out a detailed list of work and activities considered hazardous, including night work. The Committee requests the Government to provide information on the application in practice of these new legislative provisions by providing statistical data on the number and nature of violations reported and penalties imposed.