Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Peru (Ratification: 1970)

1. In its previous direct requests, the Committee had asked for information on the measures taken by the Government to support and promote the admission of women to the training programmes, such as "PRODAME" and the Programme on Training Young People for Employment and Work Experience, created in the context of the Promotion of Employment Act (Legislative Decree No. 728, amended on 27 July 1995 by Act No. 26513). Noting its current observation on this legislation, the Committee notes with interest the information in the Government's report according to which not only is there no statutory possibility of sex discrimination in access to training, but also further projects are under way in the framework of the Promotion of Employment Act, to encourage women's re-entry into the labour market. It cites, as an example, the "Programme for Self-generation of Employment for Women with Family Responsibilities". In particular, the Committee notes that the Government provides statistics showing that, in the context of the Practical Work Experience Programme created under the Promotion of Employment Act, in the six years since its creation agreements for such training have been signed with 17,403 young women (equivalent to 45 per cent of all such agreements). The Committee looks forward to receiving, in the Government's next report, information on the results obtained by this Programme, and any others set up, to enhance equality between men and women workers in both training and employment creation.

2. Recalling its previous direct request concerning the work of the Sectoral Commission of Women Officials of the Ministry of Labour, created by Ministerial Decision No. 167/92-TR of 1992, the Committee notes that the Commission has finished its work, and recommended, inter alia, the complete revision of the legislation relating to working women and the repeal of Act No. 2851 of 23 November 1918 on the work of women and minors (which lays down certain prescriptions and proscriptions for working women, beyond protective measures linked to their reproductive capacity, which do not apply to men and which the Commission considered to have become obsolete). The Committee notes with interest that Act No. 26513 to amend the Promotion of Employment Act repealed Act No. 2851. Noting also that, by virtue of Supreme Resolution No. 020-95-TR of 21 September 1995, a Special Commission - of tripartite composition - has been created to prepare a Bill concerning the working mother, the Committee asks to be kept informed of its work, and to receive a copy of any text which it drafts relevant to eliminating gender-based discrimination in employment and occupation.

3. The Committee notes that the Government's report does not contain replies to its previous direct request concerning (i) the possibility of children of both sexes attending new school courses on family education and labour training; and (ii) the legal situation of women who might wish to enter the armed forces. It accordingly repeats its request for clarification of these two points.

4. In its previous direct request, the Committee hoped that the Government would be able to provide information on the appeals submitted to the Constitutional Court by persons allegedly aggrieved by discriminatory decisions of the administrative labour authorities. The Committee notes that the Government undertakes to send relevant jurisprudence once the Court has dealt with such matters, and looks forward to receiving such information in future reports.