Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Peru (Ratification: 2004)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), which were received on 14 September 2017. The Committee requests the Government to provide its comments in this regard.

Article 2 of the Convention. Appropriate procedures. The Government indicates in its report that the National Labour and Employment Promotion Council (CNTPE) was no longer meeting because the trade union confederations had suspended their participation. In this regard, the Committee notes the CATP’s statement in its observations that since January 2017 the three trade union confederations (the CATP, the Single Confederation of Workers of Peru (CUT Perù) and the General Confederation of Workers of Peru (CGTP)) had decided to participate in the activities of the CNTPE covering 19 draft labour reforms proposed by the Government in relation to collective stoppages, labour inspection and voluntary arbitration, even though they considered that the proposed reforms reduced the rights of workers in the areas concerned. In March 2017, the confederations considered that the reforms were violating labour rights and that there was no consensus on the draft legislation, and so they withdrew from the CNTPE. Nevertheless, the CATP indicates that standards were approved relating to collective stoppages and labour inspection, the bills relating to those areas and to voluntary arbitration were submitted to the executive authority, prior to a tripartite meeting convened on 29 May 2017 by the Ministry of Labour with a view to renewing tripartite dialogue on the pending matters. The CATP adds that the bills did not take account of the confederations’ input from January to March 2017. The CATP also indicates that, as a result, on 31 May 2017, the confederations informed the Ministry of Labour and Employment Promotion, by official letter No. 004-2017-CENT/SIND, of their decision to suspend their participation in the CNTPE and also in the National Occupational Safety and Health Council, and indicated that they were considering whether or not to withdraw from these bodies on a permanent basis. The Committee hopes that the circumstances which are obstructing the functioning of the CNTPE will be resolved as soon as possible. The Committee requests the Government to provide information on the steps taken to ensure that the tripartite consultations held are effective, so that the CNTPE can resume its activities without delay.

Article 5. Effective tripartite consultations. The Committee notes the Government’s indication in its report that on 4 May 2017 it proposed to examine, within the CNTPE, the possibility of ratifying the Protocol of 2014 to the Forced Labour Convention, 1930. Accordingly, meetings between the social partners, chaired by the Directorate of Fundamental Rights at Work and Occupational Safety and Health, were held with the aim of examining the Protocol. The Government also indicates that draft reports are sent to the most representative organizations of employers and workers before they are sent to the ILO so that these organizations can send their observations in this regard. The Government adds that the observations made by the social partners are included in its reports. The CATP, for its part, maintains that the Government sends the reports to the workers’ organizations with very little time for the latter to make their observations. The Committee recalls that, in order to be “effective”, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The important factor here is that the persons consulted should be able to put forward their opinions before the government takes its final decision. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions and make any comments that they consider appropriate (see General Survey of 2000 on tripartite consultation, paragraphs 31 and 93). The Committee requests the Government to continue providing information on the consultations held on each of the matters relating to international labour standards referred to in Article 5(1) of the Convention. The Committee also expresses the hope, with regard to the procedures required by the Convention, that the Government will take steps to establish an adequate time frame to give employers’ and workers’ organizations sufficient notice to form their opinions and make any comments they consider appropriate with regard to the draft legislation communicated by the Government, in conformity with Article 5(1).