Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first and second reports.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits the trafficking of human beings in all its forms. It also notes that, under the terms of section 153 of the Penal Code, it is an offence to detain or transfer a minor from one place to another through violence, threats or deceit, with a view to obtaining an economic benefit or exploiting the victim economically. Furthermore, by virtue of section 182 of the Penal Code, it is an offence to cause or facilitate the interception of a person with a view to taking that person out of or bringing that person into the country, or transferring that person within the country, to engage in prostitution or to subject that person to sexual or pornographic purposes.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 2(24)(b) of the Constitution of Peru prohibits deprivation of liberty in all its forms. It also notes that the same provision prohibits slavery and servitude.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of section 2 of Act No. 27178 respecting military service, the Act applies to men and women between the ages of 17 and 45 years, who are considered to be of an age to perform their military service. It also notes that, under the terms of section 6 of Act No. 27178, forced recruitment as a procedure for the enrolment of personnel for active service is prohibited. Furthermore, section 42 of Act No. 27178 provides that active service means service performed by selected volunteers, men or women, between the ages of 18 and 30 years, in a unit or dependent service of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 179 of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who causes or facilitates the prostitution of other persons is guilty of the crime of incitement to prostitution. It also notes that, under section 181, also as amended by Act No. 28251, any person who compromises, seduces or removes a person to deliver her or him to another with a view to engaging in sexual relations is guilty of the offence of procuring. Furthermore, the Committee notes that Act No. 28251 criminalizes the client. Accordingly, section 179-A of the Penal Code establishes a penalty for any person who, in exchange for an economic benefit or a benefit of any other nature, engages in a sexual act with a person between 14 and 18 years of age.

The Committee also notes that, under section 181-A(1) of the Penal Code, as added by Act No. 28251, any person who originates, publicizes, encourages or facilitates sexual tourism, by any means, writings, brochures, printed, visual, audio, electronic, magnetic or Internet materials, with a view to offering sexual relations of a commercial nature with persons aged 14 years but under 18 years, is guilty of a crime. A heavier penalty is envisaged if the children used are under 14 years of age. Furthermore, section 182-A of the Penal Code, as added by Act No. 28251, penalizes those who manage or are responsible for publications or editions which publicize child prostitution, child sexual tourism or the trafficking of persons under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 183(2)(2) of the Penal Code, as amended by Act No. 28251 of 17 May 2004, any person who incites a minor under 18 years of age to engage in an obscene act is guilty of a crime. It notes that, under the terms of section 183-A(1) of the Penal Code, any person who originates, possesses, produces, distributes, exhibits, offers, commercializes or publishes, imports or exports, by any means whatsoever, including through the Internet, objects, books, written materials or images, or who produces performances of a pornographic nature in which children between the ages of 14 and 18 years are used, is guilty of the crime of child pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Trafficking of drugs. The Committee notes that the Act prohibiting the illicit trafficking of drugs (Decree No. 22095 of 21 February 1978) prohibits the illicit trafficking of drugs (section 54), the cultivation, production or extraction of drugs (section 55(1)) and the import, export, sale, distribution or transport of drugs (section 55(2)). It also notes that, under the terms of section 57(c) of the Act, penalties are envisaged for any person who makes use of young persons under 18 years of age to commit offences prohibited by the law.

2. Begging. The Committee notes the adoption in March 2004 of Act No. 28190 protecting minors from begging. The Committee notes that section 128 of the Penal Code, as amended by the second provision in fine of Act No. 28190, establishes penalties for persons who endanger the life or health of a person placed under their authority, who is dependent on them, who is under their responsibility or surveillance or of whom they are the guardian, particularly by compelling or encouraging that person to beg in public places.

Article 3(d). Hazardous types of work. The Committee notes that, under section 58(1) of the Code of Children and Young Persons, work by adolescents (any human being between 12 and 18 years of age - section 1) is prohibited in underground premises, work involving the handling of excessive weights or toxic substances and activities in which their security or that of other persons is under their responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing the Directive respecting the authorization of adolescents to work, of 25 August 1994, prohibits work by adolescents in: (1) underground premises and work involving the handling of excessive weights; (2) activities which are hazardous or harmful for health or morals; (3) activities in which their safety or that of other persons is placed under their responsibility; and (4) work involving the handling of explosives or inflammable substances. The Committee notes that a Bill to amend the Code of Children and Young Persons is currently under examination. It notes that the Bill makes amendments to sections 51 and 58 of the Code. The Committee observes that these two provisions prohibit the performance of hazardous work, without however specifying the age from which this prohibition applies. The Committee notes that the Code of Children and Young Persons applies to children (under 12 years of age) and young persons (persons between 12 and 18 years of age). It understands, from a reading of these provisions, that the prohibition covers all persons under 18 years of age. The Committee requests the Government to clarify the age applicable for the prohibition of the performance of hazardous types of work covered by sections 51 and 58 of the Bill to amend the Code of Children and Young Persons.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes with interest that the Government has adopted a list of types of work that are hazardous for young persons. It also notes that various ministries, employers’ and workers’ organizations, UNICEF, the ILO and NGOs participated in the process of formulating this list.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, hazardous types of work and to communicate the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Directorate for the Protection of Minors and Occupational Safety and Health. The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion has established the Directorate for the Protection of Minors and Occupational Safety and Health. The Directorate coordinates activities to monitor the application of standards relating to work by children and adolescents in 500 work centres. It works with a group of labour inspectors who are responsible solely for child labour. The Committee requests the Government to provide information on the activities of the Directorate for the Protection of Minors and Occupational Safety and Health, on the mechanisms established in practice for the implementation of standards respecting work by children and adolescents in 500 work centres, and on the results obtained by the labour inspection services, particularly by providing extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in accordance with the provisions of this Article.

2. Standing Multisectoral Working Group on Trafficking in Persons. The Committee notes with interest that a Standing Multisectoral Working Group on Trafficking in Persons has been established (Presidential Decree No. 002-2004-IN of 19 February 2004). It requests the Government to provide information on the activities of this Working Group in relation to the sale and trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of government bodies, employers’ and workers’ organizations, as well as civil society and international cooperation institutions, the ILO, UNICEF and the Pan-American Health Organization (PAHO). The functions of the Steering Committee include formulating and coordinating policies and programmes for the elimination of child labour. The Committee also notes that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate the worst forms of child labour. The Committee requests the Government to provide a copy of the National Plan once it has been adopted. It also requests the Government to provide detailed information on the implementation of the National Plan in relation to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that article 2(24)(b) of the Constitution and sections 123, 153, 179, 179-A, 181-A of the Penal Code establish effective and decisive penalties prohibiting: the sale and trafficking of children; debt bondage; forced or compulsory labour and the use, procuring or offering of a child for prostitution, the production of pornography or for illicit activities, such as the trafficking of drugs and begging. The Committee also notes that section 19 of the General Act on the labour inspectorate and the protection of workers (Decree No. 910) and section 44 of the regulations issued under the General Act (Presidential Decree No. 020-2001-T) establish penalties for violations of the provisions prohibiting child labour, particularly in the case of hazardous types of work. It requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes with interest that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10) (Presidential Decree No. 003-2002-PROMUDEH of 7 June 2002). It requests the Government to provide information on the measures adopted in the framework of this Plan to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Sexual exploitation. The Committee notes that the Government is collaborating with ILO/IPEC on the following programmes of action: elimination of the sexual exploitation of children; and the prevention and elimination of abuse and sexual exploitation in domestic work. It also notes that one of the objectives of the National Plan of Action for Children and Young Persons is to eliminate the worst forms of child labour and to reduce the sexual exploitation of girls and boys by 2010. The Committee further notes the information provided by the Government that the Ministry of Labour and Social Development has prepared a strategic plan to combat the commercial sexual exploitation of children and young persons for the period 2004-08. The two principal orientations of the plan are to give priority to combating commercial sexual exploitation and to strengthen the national network against commercial sexual exploitation. Moreover, the Committee notes that a project for prevention and protection of the victims of commercial sexual exploitation is currently being implemented in ten regions of Peru. The Committee requests the Government to provide detailed information on the measures adopted in the context of the National Plan of Action for Children and Young Persons with a view to eliminating the worst forms of child labour, and particularly the commercial sexual exploitation of children and young persons. It also requests the Government to provide information on the activities carried out in the context of the strategic plan to combat the commercial sexual exploitation of children and young persons. The Committee further requests the Government to provide information on economic alternatives and the measures taken to ensure the rehabilitation and social integration of children removed from commercial sexual exploitation. Finally, it requests the Government to provide statistical data on the number of children who are in practice removed from work.

Clause (c). Access to free basic education. 1. ILO/IPEC activities. The Committee notes that, according to the information provided by the Government, several activities related to education have been implemented with ILO/IPEC with a view to combating child labour. These activities relate, among other objectives, to: education and the elimination of child labour; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the strengthening of education in the Abastos de la Parada market; the prevention and elimination of child labour in the centre of Lima through training for child workers; and the elimination of child labour in rubbish dumps through educational methods. The Committee requests the Government to provide information on the impact of the above activities, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

2. National Plan of Action for Children and Young Persons (2002-10) and education. The Committee notes that, in the framework of the National Plan of Action, the Government plans to take measures so that children and young persons who work attend school, thereby reducing the school drop-out rate. It requests the Government to provide information on the impact of the National Plan of Action, particularly with regard to the number of children removed from the worst forms of child labour who have had access to free basic education and vocational training.

Clause (d). Identification of children at special risk. Begging. The Committee notes that one of the objectives of the National Plan of Action for Children and Young Persons is to reduce begging. The Committee requests the Government to provide information on the results obtained, particularly with regard to the number of children who are in practice removed from begging.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which, in the context of the National Plan of Action for Children and Young Persons (2002-10), it intends to afford particular attention to the special situation of girls and to protect them from the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that Peru is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in its concluding observations on the second periodic report of Peru in February 2000 (CRC/C/15/Add.120, paragraph 3), the Committee on the Rights of the Child noted the National Strategy to Combat Poverty (1995-2000) adopted by the Government as a basis for a medium-term strategy to combat poverty. The Committee requests the Government to provide information on the impact of this National Strategy, and particularly its contribution to eliminating the worst forms of child labour. It also encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes with interest the study carried out by the National Institute of Statistics and Information Technology entitled "Overview of work by children and young persons in Peru, 2001". According to the statistics contained in this study, around 1,985,000 children and young persons between the ages of 6 and 17 years work in Peru. However, as indicated by the Government, these statistics do not relate to the worst forms of child labour. Furthermore, according to the Government, there are no reliable means of determining the real dimensions of the economic exploitation of children in Peru. The Committee therefore requests the Government to take the necessary measures to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions initiated, convictions and penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.