Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Peru (Ratification: 2002)

The Committee notes the Government’s report and the comments from the Single Confederation of Workers of Peru (CUT) dated 15 June 2013.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Referring to its previous comments, the Committee notes the CUT’s concerns about the extent and scale of the number of children and young people working in Peru, and about the lack of coordination and dissemination of information on the various measures adopted by the Government to combat child labour among the trade union organizations.

The Committee takes due note of the adoption of the National Action Plan for Children and Young People (PNAIA 2021), and of the National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI). It notes that the ENPETI is focused on four strategic objectives: (i) increasing family income; (ii) cutting drop-out and school failure rates; (iii) eliminating child labour and the hazardous work of young people; and (iv) strengthening the protection services for victims. It notes that, according to the Government, three pilot projects (2012–14) have been implemented in the context of the ENPETI. The “Huánuco” project, introduced in six provinces in this region, provides for cash transfers in the context of the “Juntos” programme to 3,200 families and 4,000 children involved in child labour, as well as for the distribution of vouchers to children and young people attending school and successfully completing the school year. The “Carabayllo” project, introduced in a neighbourhood to the north of the City of Lima where many children and young persons are involved in hazardous work in the informal economy, is planning to benefit a total of 1,000 homes and 1,500 children and young persons. Finally, the “Semilla” project, which sets out to prevent children from hazardous work in the agricultural sector and to remove them from the sector, has been introduced in three regions of the country (Junín, Pasco and Huancavelica) with a view to helping 6,000 children, 1,000 young people and 3,000 families. The Committee also notes the recent adoption of a multi-sectoral care framework to improve national coordination in the area of child labour. Furthermore, it notes that, at the request of the National Committee for the Prevention and Eradication of Child Labour, the National Statistics Institute has included new indicators to discern child labour in the National Household Survey (ENAHO). The findings of the ENAHO 2011, contained in the Government’s report, show that 18.4 per cent of children under 14 years of age are involved in an economic activity and that 33.9 per cent of young persons aged between 14 and 17 years carry out hazardous work. The majority of these children and young persons live in rural areas (58.7 per cent).

While taking due note of the efforts made by the Government, the Committee expresses its concern at the significant number of children engaged in an economic activity or hazardous work. The Committee requests the Government to strengthen its efforts to improve the situation of child labour in the country. It also requests it to submit information on the results obtained from the assessment of the three pilot projects and on the follow-up given to these projects in the context of the ENPETI (2011–21). It also asks the Government to continue providing information on the application of the Convention in practice, including recent statistics on the employment of children and young persons in general and specifically in hazardous occupations, extracts from labour inspection reports showing the number and nature of offences reported and the penalties imposed.

Article 2(1). Minimum age of admission to employment or work. In its previous comments, the Committee noted that section 51(2) of the Children and Young Persons Code allows permission to work to be granted exceptionally to young persons aged 12 years and over. The Government indicated that permission for children aged from 12 to 14 years to undertake paid work is at the discretion of the administrative authority, which seldom grants it. Given that there are no regulations on light work but that in practice a significant number of children under the age of 14 years work, the Committee asked the Government to take the necessary steps to ensure that no child under the age of 14 years be allowed to work. The Government stated that a Bill to amend the Children and Young Persons Code was being discussed by a special committee.

The Committee notes the Government’s indication that the new Children and Young Persons Code has not yet been adopted. The Committee expresses once again the firm hope that the Bill to amend the Children and Young Persons Code will be adopted at the earliest possible date so as to guarantee that no child under the age of 14 years may be allowed to work. It requests the Government to provide information on all progress made in this respect.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. In its previous comments, the Committee noted the CUT’s allegations that the majority of children under the age of 14 years engaged in an economic activity worked in the informal economy. It nevertheless noted that, according to sections 3 and 4 of the General Labour Inspection Act of 2006, labour inspectors are responsible for supervising child labour wherever it occurs, including in private homes.

The Committee notes the CUT’s allegations that no inspection visit has been carried out in the informal economy despite the significant number of children working in this sector. The Committee notes that, according to the Government, a special group of labour inspectors has been trained to undertake preventive measures and identify cases of child labour. It also takes note of the statistics provided in the Government’s report on the inspection visits concerning child labour carried out between 2008 and 2013, but nevertheless observes that these controls were only made on young persons over 14 years of age, therefore those who had already reached the minimum age of admission to employment. In this respect, referring to the 2012 General Survey on the fundamental Conventions concerning the right to work (paragraph 345), the Committee notes that, in certain cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy. Therefore, the Committee calls on State parties to strengthen the capacity of the labour inspectorate. Consequently, the Committee requests the Government to strengthen its efforts to adapt and strengthen the labour inspectorate services so as to improve the inspectors’ capacity to identify instances of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under 14 years of age working in this sector. It requests the Government to provide information on the measures taken in this regard and on the results obtained.

The Committee is raising other points in a request addressed directly to the Government.