ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Country comments > Texts of comments: Peru

Comments adopted by the CEACR: Peru

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.
Legislative developments. The Committee notes with interest the information provided by the Government on the adoption in 2020 of Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry and its Regulations (Presidential Decree No. 005-2021-MIDAGRI), and that the latter establishes the prohibition of discrimination in remuneration between men and women working in the sector, and the obligation of the employer to evaluate and group together jobs in indices of categories and duties through the application of objective criteria based on the work performed, the skills necessary for its performance and the profile of the job, in accordance with the provisions of Act No. 30709. The Committee observes that, according to the report “Peru: Gender gaps 2020: Progress towards equality for women and men”, to which the Government refers in its report, agricultural and stock-raising activities have the highest gender pay gap by occupation. The Committee requests the Government to provide information on the application in practice of the Regulations of Act No. 31110 in relation to the principle of equal remuneration for men and women for work of equal value.
Monitoring and enforcement. The Committee notes that in its report the Government: (1) reports the adoption in 2019 of the Protocol for the enforcement of the requirements in relation to remuneration set out in Act No. 30709, which prohibits discrimination in remuneration between men and women (Superintendent Decision No. 234-2019-SUNAFIL); (2) refers to the objectives of enforcement and guidance in relation to fundamental rights contained in the Annual Labour Inspection Plan for 2019 (PLAIT 2019); and (3) reports that, according to the Labour Inspection Supervisory Authority (SUNAFIL) data, in 2021 a total of 110 inspection orders were implemented in relation to discrimination at work, and particularly in relation to the subtopics of “remuneration” (90 orders and 26 fines) and “on the basis of sex or gender” (19 orders and no fines). The Committee observes that, while both subtopics are relevant, neither clearly indicates the number of cases of discrimination in remuneration between men and women (as the first refers to remuneration and the second to discrimination on grounds of sex or gender). In this regard, the Committee notes that the CGTP, CUT-Peru, CTP and CATP indicate in their observations that: (1) the information provided by the Government does not indicate either the period covered by the data on inspection orders nor the results in terms of restoring or remedying the right to equal remuneration, except for the imposition of fines, nor does it specify the annual objectives of the PAIT in relation to equal remuneration; (2) according to the Statistical Yearbooks of the Ministry of Labour and Employment Promotion (MTPE), in 2019 and 2020 a total of 272 and 294 orders, respectively, were issued concerning “discrimination in relation to remuneration” and 29 orders each year on the “implementation of the index of categories and duties”, representing 0.47 per cent of all orders issued in 2019 and 0.48 per cent of the total in 2020; and (3) most inspection operations (83 per cent in 2020) were carried out in response to complaints or external requests, and not at the initiative or according to the programme of the inspection system. The confederations also emphasize that more capacity-building is required for labour inspectors on equal remuneration, as well as tools so that they can provide guidance to employers on the implementation of the principle of the Convention. The Committee recalls the importance of appropriate training programmes for labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide information on: (i) the application in practice of the Protocol for the enforcement of the requirements in relation to remuneration; and (ii) the specific measures taken to provide tools and capacity-building to labour inspectors relating to the principle of equal remuneration for men and women for work of equal value, and the number of beneficiaries. In light of the nature of the statistics provided by the Government, the Committee also requests it to provide information on the number of cases identified by labour inspectors of clear and specific violations of the principle of equal remuneration for men and women, the penalties imposed and remedies granted, and any rulings on this subject by law courts or other competent bodies.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business' Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.
Articles 1 and 2 of the Convention. Gender pay gap. With reference to the statistics requested in previous comments, the Committee notes the Government’s indication in its report that the gender wage gap was 25.8 per cent in 2019 and 19.3 per cent in 2020 (the figures for 2020 have to be seen in the context of the COVID-19 pandemic). The Government also refers to a study on women in the Peruvian civil service, issued in 2021, according to which the wage gap in the public sector has been narrowed (by 12 per cent in 2019), although there remain differences, particularly due to the limited and lower access of women civil servants to the best paid jobs in the State sector. In this respect, the Committee notes that the CGTP, CUT-Peru, CTP and CATP emphasize in their observations that the causes of the pay gap include the fact that women work fewer hours than men in order to be able to care for their families, and that the majority of women workers are self-employed or unpaid family workers, or are in feminized and lower valued jobs. The confederations add that the wage gap in the public sector is still 53 per cent in some occupational groups, that the greater presence of women in occupations such as primary education and nursing barely changed between 2008 and 2016, and that the most alarming wage gaps are a result of the coexistence of three labour regimes in the public sector (the administrative services contract (CAS); the public service, and the employment scheme with the public administration).
The Committee also notes that, in reply to its request on the measures adopted to address the underlying causes of the pay gap, the Government refers to: (1) the application of the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 through the joint action of several bodies with a view to the implementation of measures on equality and non-discrimination (preparation of technical and normative documents, compliance inspections and communication campaigns); (2) the adoption in 2021 of the National Decent Work Policy, priority objective five of which includes a platform for the identification of the pay gap between men and women and the examination of complaints concerning discrimination and the failure to comply with equal remuneration regulations: and (3) the approval in 2019 of the National Gender Equality Policy, which includes an assessment of the gender pay gap, priority objective five of which is “to reduce institutional barriers to equality in public and private life”. The Committee also notes that the National Gender Equality Policy adopted in 2019 includes in item 4.3: “Strengthening the formal labour integration of women”, technical, productive and higher training for women in traditionally male-dominated and/or better paid careers (service 4.3.3) and higher technical training in non-traditional areas (construction) to increase the participation of women (service 4.3.4). The Committee further notes with regard to the preparation of assessment studies that: (1) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 includes in its indicators the preparation of six assessment studies to gather information on the situation of women and specially protected groups in the labour market; and (2) according to the Government’s report under the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), there were 80 public bodies in 2018 that had provided information for the assessment studies of the pay gap in the public sector envisaged by Presidential Decree No. 068-2017-PCM. The Government refers to the adoption of various measures to promote better understanding of the principle of equality, including training of those responsible for human resources in enterprises on job evaluation and on the laws and regulations on equal remuneration. It also refers to technical assistance on the framework and application of Act No. 30709 prohibiting discrimination in remuneration between men and women, as well as the assistance provided in collaboration with the ILO Regional Office to build capacity for analysis of the pay gap.
With regard to the information requested on the evaluation of plans and programmes relating to the application of the principle of the Convention, the Committee notes the Government’s indication that, through the programmes “Productive Youth” (Jóvenes Productivos) and “Onwards Peru” (Impulsa Perú), vocational skills programmes were provided in 2020 for 492 women and 544 men aged between 15 and 29 years and 552 women and 555 men were placed in the labour market. The Government adds that at the end of 2021 a study will be commenced on the impact of the National Employability Programme on the reduction of the pay gap between men and women. The Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that workers’ organizations have not been called upon to participate in any evaluations of plans and programmes relating to the principle of the Convention, and in particular that: (1) the National Decent Work Policy does not have a follow-up mechanism based on tripartite dialogue and institutionalized tripartite action; and (2) the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21 envisaged the establishment of a quadripartite body for its implementation and follow-up, but there has been no news on that subject. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in relation to the evaluation of labour policies and to regimes in the public sector. Noting all this information, the Committee requests the Government to take steps to reduce the gender pay gap in the public sector. It also requests the Government to provide information on the impact of the programmes and policies referred to in terms of the effective reduction of the pay gap between men and women and addressing its underlying causes, such as occupational segregation and the unequal sharing of family responsibilities, and on the challenges identified in their implementation.
Articles 1 and 3. Work of equal value and objective job evaluation. In reply to its previous comments, the Committee notes with interest the information provided by the Government on the adoption of: (1) the “Guide containing reference guidelines that can be used by the employer to evaluate jobs and determine the index of categories and duties” (Ministerial Decision No. 243-2018-TR), which includes the minimum components for a wage policy and a model index of categories and duties as a basis for assessing whether the same remuneration is paid for jobs of equal value; and (2) the “Methodological guide for objective job evaluation, without gender discrimination, and the formulation of indices of categories and duties” (Ministerial Decision No. 145-2019-TR), which covers the process of job evaluation taking into account such factors as skills and qualifications, responsibilities, effort and working conditions. The Government acknowledges, in relation to the Act on productivity and labour competitiveness and in reply to the Committee’s request in its previous comments, that the principle set out in the Convention, which provides the basis for Act No. 30709, is equal remuneration for work of equal value. The Committee also notes that the CGTP, CUT-Peru, CTP and CATP reiterate that Act No. 30709 refers to equal remuneration “for equal work” and that none of the references to the “evaluation” of jobs in its Regulations give full expression to the principle of the Convention. The confederations add that the guides cited are intended as references and are not compulsory, and that the Regulations issued under Act No. 30709 only apply to the private sector. While taking due note of the measures adopted to provide guidance for job evaluation processes, the Committee recalls the importance of ensuring that men and women have a clear legal basis for asserting the right to equal remuneration for work of equal value in relation to their employers and the competent authorities. Under these conditions, the Committee requests the Government to take the necessary measures to include in the legislation the principle of equal remuneration for men and women “for work of equal value”, as set out in the Convention. The Committee requests the Government to provide information on any measures adopted or envisaged in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to provide its comments in this respect.
Article 1 of the Convention. Scope of application and grounds of discrimination. In its previous comments, the Committee noted that the list of grounds of discrimination prohibited in Act No. 30057, which does not include the criteria of colour or national extraction, is not closed or exhaustive, and it requested the Government to provide information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. The Committee notes the Government’s indication in its report that records are not kept of either inspection orders or administrative sanction procedures in relation to discrimination on grounds of national extraction or colour. The Government adds that in 2021 the ILO fundamental rights module was undertaken for inspection personnel, dealing with the subjects of equality of opportunity and non-discrimination, and that the Annual Capacity-building Programme for the Labour Inspection System for 2019 contains a module designed to promote fundamental rights, including equality and non-discrimination in employment. The Committee requests the Government to continue providing information on any cases of discrimination at work on grounds of national extraction or colour which have been dealt with. It also requests the Government, with a view to ensuring legal security and effective protection against discrimination in the public sector, to consider the inclusion of colour and national extraction among the prohibited grounds of discrimination set out in Act No. 30057.
Article 1 (19 (a). Discrimination based on sex. Sexual harassment. In reply to its previous request to make efforts to prevent and address cases of sexual harassment in employment and occupation, the Committee notes the Government’s indications that: (1) the “Work without sexual harassment” service has been developed, of which the implementation is being examined through an exploratory survey, which provides guidance and support for cases of sexual harassment, and through which 508 cases of sexual harassment were submitted in 2021 and 1,389 advisory services were provided; (2) the Virtual Platform for the Registration of Cases of Sexual Harassment at Work (Decree No. 014-2019-MIMP) became operational, through which employers can register cases of sexual harassment brought to their notice in enterprises, and through which 1,158 communications were filed up to July 2021; (3) the practical guide for the prevention and punishment of sexual harassment at the workplace in the public and private sectors was published with a view to providing guidance to workers, employers and organizations on the adoption of measures to prevent, eradicate and punish sexual harassment behaviour at work; and (4) the campaign “The State without harassment” of the Civil Service Authority (SERVIR) was undertaken through which guidance and proposed measures were provided for prevention, complaints, action, investigation and punishment of sexual harassment in public bodies and the Platform for reporting complaints of sexual harassment was set up to register complaints. The Committee also notes the Government’s indication that 27 complaints of sexual harassment were made in 2019 and 60 in 2021, and that in 2021 a total of 121 inspection orders were issued and ten penalties imposed, as well as the indication by the CGTP, CUT-Peru, CTP and CATP that 65 responses resulted in a “report”, or in other words, no violations were found. The Committee requests the Government to provide information on the results achieved through the various measures adopted for the prevention and treatment of cases of sexual harassment at work, including the “Work without sexual harassment” service and the campaign “The State without harassment”, and the impact of these measures in terms of the number of cases identified, sanctions and remedies granted, as well as the main challenges encountered.
Article 1(1)(b). Other grounds. Disability. The Committee notes the emphasis placed by the Government in its report on the inclusion in Objective five of the National Decent Employment Policy of specific services for persons with disabilities (such as awareness-raising campaigns, capacity-building at work and advice and support for the implementation of reasonable adaptations in the workplace), and its indication that item 5.1 refers to the implementation of effective measures to combat discrimination on various grounds, including disability. The Committee also notes the adoption in 2019 and 2020 of guidance on the granting in the public and private sectors of reasonable adaptations for persons with disabilities at the workplace and in the recruitment process, as well as criteria for the determination of a disproportionate or undue burden. The Committee further notes that, in its report to the United Nations Committee on the Rights of Persons with Disabilities, the Government reports that the National Plan for Persons with Autism Spectrum Disorder 2018-21 places emphasis on compliance with the employment quota and the National Human Rights Plan sets goals for the reduction of unemployment for persons with disabilities (CRPD/C/PER/2-3, 14 March 2019, paragraphs 16, 17 and 167). The Committee requests the Government to provide information on the measures adopted under the respective policies to promote equality in employment and occupation for persons with disabilities, and on the application in practice of the guidance on granting of reasonable adaptations.
Articles 2 and 3. Promotion of equality of opportunity and treatment irrespective of race or colour. In reply to its request for information on the specific measures adopted to ensure and promote equality of opportunity and treatment in employment and occupation for indigenous and Afro-Peruvian men and women, the Government indicates that, under the National Development Plan for the Afro-Peruvian Population 2016-20, measures have been adopted to include an ethnic variable in 12 of the 30 surveys of the Survey Database of the National Institute of Statistics and Information Technology (INEI) and in the administrative records of Women’s Emergency Centres (CEM), as well as educational campaigns against ethnic and racial discrimination and capacity-building activities for the staff of the public administration with a view to strengthening knowledge of non-discrimination on ethnic and racial grounds. The Government adds that the National Policy for the Afro-Peruvian People 2030 is currently being formulated, and that its motivations include the high level of informality, the low level of access to and completion of higher education, the limited development of production initiatives and the persistence of discrimination in public and private areas, and that the National Decent Employment Policy includes measures to combat discrimination in the active population on grounds of ethnic or racial origin (item 5.1). With reference to specific measures in the field of labour, the Government refers to the capacity-building undertaken for Afro-Peruvian entrepreneurs in the “Onward Peru” (Impulsa Perú) programme, as well as capacity-building for self-employment and employment services within the context of the Strategic Institutional Plan of the MTPE, with 596 and 465 beneficiaries from vulnerable ethnic groups, including victims of ethnic discrimination, respectively. The Government also refers to the adoption of other measures for the promotion of equality and to punish racism and ethnic and racial discrimination in general (capacity-building for public employees dealing with cases; Bill No. 5442/2020-PE on the promotion of cultural diversity for the prevention and punishment of racism and ethnic and racial discrimination, with a view to the establishment of measures for State bodies and citizens to combat acts of discrimination; item 1.2 of the National Culture Policy 2030, relating to the development of mechanisms to address, prevent and punish racism and ethnic and racial discrimination in public and private bodies, as well as other awareness-raising campaigns, and the reformulation of the Map of the Afro-Peruvian People on the National Territory). The Committee also notes that, according to the information provided by the Government, between 2018 and 2021, the System for Dealing with Cases of Ethnic and Racial Discrimination recorded 14 cases of discrimination related to work, and that a draft Presidential Decree is being drawn up for the creation of an Ethnic and Racial Discrimination Guidance Service to strengthen investigation mechanisms and sanctions.
The Committee also notes the observations of the CGTP, CUT-Peru, CTP and CATP indicating that: (1) the information provided is not sufficiently detailed; (2) according to the 2019 data of the MTPE, there is a gap between the activity and occupation rates of the indigenous and Afro-Peruvian population in relation to the population that self-identifies as white and mixed race, and 76.7 per cent of the indigenous and Afro-Peruvian population only has basic education and is engaged in low quality jobs; (3) the labour informality rate for indigenous and Afro-Peruvian people was 82.1 per cent (compared with 65.8 per cent in the white and mixed-race population), and only 46.9 per cent of indigenous and Afro-Peruvian employees have employment contracts; and (4) according to the 2017 study on ethnic and racial discrimination, an assessment of the situation, State rules are inadequate due to the lack of training of labour inspectors and other officials. With reference to indigenous peoples, the Committee also refers to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee requests the Government to provide information on the evaluation of the National Development Plan for the Afro-Peruvian Population 2016-20, including the results achieved and the challenges identified in relation to the activity and occupation rates in the formal and informal economies of the indigenous and Afro-Peruvian population. The Committee also requests it to: (i) provide information on progress in the formulation and implementation of the National Policy for the Afro-Peruvian Population 2030; and (ii) continue providing information on the number of cases of ethnic and racial discrimination at work, and on the measures adopted to facilitate capacity-building for labour inspectors and other competent officials to deal with such cases.
Enforcement. Labour inspection. The Committee notes the information provided by the Government that in 2021 a total of 18 inspection orders were issued in relation to discrimination in access to work, with a fine imposed by a higher body. The Government also indicates that the Labour Inspection Supervisory Authority (SUNAFIL) reports 1,481 inspection activities in relation to equality and non-discrimination in employment. The Committee further notes the indications by the CGTP, CUT-Peru, CTP and CATP that the labour inspectorate is not discharging its duties, as workers are continuing to report cases of discrimination, that SUNAFIL protocols are not resulting in an improvement in effectiveness and that the information provided by the SUNAFIL does not indicate a time period for the data, or the results of inspections. The confederations also refer to the statistical yearbook, which indicates that in 2020 there were 133 inspection orders issued in relation to discrimination on grounds of disability and 133 on grounds of gender, representing 0.2 per cent of the total. The Committee requests the Government to provide information on the measures envisaged or adopted to provide the labour inspection services with the capacity and tools necessary to identify and deal with cases of discrimination in employment and occupation.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Confederation of Private Business Institutions (CONFIEP) communicated with the Government’s report, as well as the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Perú), received on 1 September 2021. The Committee requests the Government to provide its comments in this regard.
Article 1 of the Convention. Discrimination on the basis of sex, colour and race. With reference to its request to evaluate the consequences of the differences of legislative treatment and of indirect discrimination in the special labour regimes (in agriculture, domestic work and micro-enterprises), the Committee notes with satisfaction that the agricultural sector is now governed by Act No. 31110 on the agrarian labour regime and incentives for the agrarian sector and irrigation, agricultural exports and agro-industry (published on 31 December 2020) and its Regulations, and that section 6 of the Act prohibits discrimination and acts of violence or harassment and establishes protection measures for pregnant and nursing workers. With regard to domestic work, the Government also refers to the adoption of Act No. 31047 on women and men domestic workers (published on 17 September 2020) and its Regulations, which also prohibit any act of discrimination and establish measures to protect maternity and prevent and punish sexual harassment. The Committee notes that the CGTP, CUT-Perú, CTP and CATP indicate in their observations that: (1) the adoption of new laws on the agricultural sector and domestic work is encouraging, as they remove certain differences of legislative treatment and introduce mechanisms to combat discrimination; (2) the new regime for the agricultural sector has equalized most terms and conditions of employment, but certain differences in treatment persist which are not related to the specific characteristics of agricultural work, such as coverage by life insurance; (3) there are no tripartite evaluation mechanisms to assess whether differences of treatment are appropriate or involve structural discrimination, and the measures adopted are still inadequate to ensure the enforcement of existing standards; and (4) information is lacking on the situation of women in agriculture and stock-raising and in domestic work. The Committee also observes that the Government has not provided information on the regime governing micro- and small enterprises, and that the workers’ organizations indicate that, according to the Sectoral Strategy for Labour Formalization 2018–21 and the National Decent Employment Policy, this regime has only limited coverage and has not had a significant effect on reducing levels of informality. In this context, the Committee requests the Government to provide information on the measures adopted or to be adopted with a view to identifying and addressing any element of the special regime for micro- and small enterprises that may lead to indirect discrimination against women and indigenous peoples in access to employment and conditions of employment, which would be contrary to the principle of equality and non-discrimination in employment and occupation. The Committee also requests the Government to provide information on the application of Acts Nos 31110 and 31047 respecting the agricultural sector and irrigation, agricultural exports and agro-industry, and domestic work, respectively, including information on: (i) measures taken to provide training to labour inspectors and awareness-raising among domestic workers and workers and employers in the agricultural sector; and (ii) any cases dealt with by the labour inspection, courts or any other competent body, the sanctions imposed and the remedies granted.
Article 2. Equality of opportunity and treatment for men and women. In reply to its previous request on the measures adopted under the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation 2018–21, the Committee notes the Government’s indication that the 2020 evaluation is currently being carried out and that joint and coordinated action has been undertaken by the Ministry of Labour and Employment Promotion (MTPE), the National Labour Inspection Superintendent Authority (SUNAFIL) and labour inclusion programmes in the field of equality and non-discrimination with a view to: (1) the preparation of technical documents, including two projects to promote formal and productive self-employment for women, six technical and normative documents and the report on labour statistics based on data from the National Household Survey of Living Conditions and Poverty (ENAHO) 2018, including the employed economically active population by gender updated to 2018; (2) the training of 4,358 women in vocational skills for dependent employment, as well as diverse measures regarding the certification of labour skills, employment placement, temporary employment and productive and formal self-employment targeting women and other specially protected groups, without indicating the specific number of women beneficiaries; and (3) the strengthening of capacity-building in relation to equality and non-discrimination through ten awareness-raising campaigns, as well as capacity-building for 305 persons in the civil service. The Government also refers in its report to the formulation of the National Decent Employment Policy, approved in 2021, which includes items 5.1 “implementing effective measures to combat sexual harassment at work and gender discrimination among the working population”, 5.2 “implementing incentives and normative measures with cultural relevance for the recruitment of groups suffering discrimination or vulnerable groups” and 5.4 “strengthening the skills of vulnerable groups or those in a vulnerable situation to improve their employability”. The Committee also notes the reference by the Government in the national report for the Beijing+25 Declaration and Platform for Action, 1995, to: (1) the National Gender Equality Policy, adopted in 2019, which includes in item 4.3 “strengthening the formal labour market inclusion of women”, measures for the certification of labour skills, skills training to improve employability and labour market integration, training and technical assistance in enterprise management and productivity, and financing for women heads of undertakings and enterprises; and (2) the Intergovernmental Committee for Gender Equality and Vulnerable Populations was created in 2019 to articulate and implement policies, strategies and action for the reduction of the gender gap.
The Committee notes the indications by the CGTP, CUT-Perú, CTP and CATP that: (1) the trade union confederations have not been called upon to participate in the evaluation of the Sectoral Plan; and (2), according to the 2019 data of the National Statistics and Information Technology Institute (INEI), differences in the activity rate between women and men have remained practically unchanged since 2009, the unemployment rate of women has been higher than that of men in all years and, even though the income gap has been reduced, its underlying causes have not been the target of specific public policy measures. The Committee recalls that it is essential to follow up the implementation of plans and policies in terms of their results and effectiveness, and that employers’ and workers’ organizations can play an important role in their formulation, promotion and evaluation.
The Committee requests the Government to provide detailed information on: (i) the progress made in the process of evaluating the Sectoral Plan for Equality and Non-discrimination in Employment and Occupation, in collaboration with workers’ and employers’ organizations, and particularly their impact on the prevention of gender-based discrimination in employment and occupation and the challenges that have been identified in their implementation; and (ii) the specific measures adopted within the framework of the National Decent Employment Policy and that National Gender Equality Policy, including the number of beneficiaries of these measures disaggregated by sex.
With reference to the transition to a single employment regime in the civil service, the Committee notes the Government’s reference to the approval of Directive No. 001-2021-SERVIR-GDSRH “Orientations for the transition of a public body to the Civil Service employment regime”, and its indication that as of June 2021, a total of 506 public bodies had commenced the process of transition to the new civil service employment regime. In this regard, the Committee notes the indication by the CGTP, CUT-Perú, CTP and CATP that incorporation into the civil service employment regime lacks political support (as the process was completed between 2014 and 2020 by only seven out of a total of 3000 bodies), and that Act No. 31131 adopting provisions for the eradication of discrimination in the employment regimes of the public sector (published on 9 March 2021) is the subject of an appeal to the Constitutional Court. The confederations also reiterate that the three employment regimes can give rise to indirect cases of discrimination when women are in feminized sectors of the public sector in which the public careers regime is predominant, under which wages are low and employment conditions are precarious. The Committee trusts that the Government will take measures to guarantee progress in the transition towards a single employment regime in the civil service and requests the Government to provide full information in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to send its comments in this regard.
Measures during the COVID-19 pandemic. The Government indicates that in the context of the COVID-19 pandemic, various measures have been adopted to make it easier to reconcile work and family life, such as paid leave, reduced working hours and temporary leave with subsequent compensation, reorganization of hours of work, and the facilitation of remote work until July 2021, with guarantees of the right to have rest periods and the right to disconnect. The Committee also notes that the workers’ organizations, in their observations, indicate that in practice the flexibility measures adopted during the COVID-19 pandemic involved an excessive extension of working time for women, either in terms of increased demand for care services or as a result of an extended working day.
Article 3 of the Convention. National policy. The Committee notes the Government’s reference in its report to the joint implementation, with other stakeholders, of the Sectoral Plan for Equality and Non-Discrimination in Employment and Occupation 2018–21, and its indication that the National Employability Programme promotes participation in services to persons with family responsibilities, with the design of vocational training and self-employment services focusing on men and women beneficiaries who are heads of households and have children, including young heads of households and young persons with children. In this regard, the Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP, indicating that the National Gender Equality Policy adopted in 2019 includes, in guideline 4.1, the implementation of a national care system with gender mainstreaming for persons in situations of dependence, but also that there is no information on the evaluation of the National Gender Equality Plan 2012–17 or of the National Family Support Plan 2016–21. With regard to the evaluation of policies, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the results achieved through the National Family Support Plan 2016–21, the National Gender Equality Plan 2012–17 and the Trabaja Perú (Peru at work) programme, and also through any other policy or programme implemented to promote the rights of workers with family responsibilities. The Committee also requests the Government to provide information on the implementation of specific measures under the National Employability Programme and the National Gender Equality Plan 2012–17 aimed at addressing the situation of workers with family responsibilities.
Article 4. Equality regarding conditions of employment. The Committee notes that, with regard to its request for information on the adoption of measures to ensure equal conditions of employment for workers with family responsibilities, the Government indicates that: (1) Act No. 31110 regulating work in agriculture and incentives for agriculture and irrigation, agri-exports and agro-industry (published on 31 December 2020) recognizes the right of pregnant women to pre- and post-natal leave, nursing (breastfeeding) breaks, protection in situations of risk and a maternity and nursing allowance in accordance with the applicable laws and regulations; (2) in line with the objective of the National Competitiveness and Productivity Plan 2019 to enable the organization of part-time work calculated on the basis of weekly working hours, a normative proposal is being prepared to enable the conclusion of contracts more in line with workers’ needs; and (3) according to the study entitled “Women in the Peruvian civil service 2020”, which analyses public sector workers’ access to nursing (breastfeeding) areas, there was a 5 per cent increase in the number of nursing areas in 2019. The Committee also notes the information referred to by the Government in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report),on: (1) follow-up and monitoring of the implementation and functioning of institutional nursing areas via the National Gender Equality Policy 2019 (guideline 4.3); (2) according to data provided by 29 entities, in 2018 maternity leave was granted to 3,662 women and paternity leave to 2,708 men, and 1,552 nursing areas were established in the public and private sectors. The above-mentioned report also refers to the adoption of Act No. 30807, which increases paternity leave to 10 days per year, to 20 days for premature or multiple births, and to 30 days for a birth with a terminal congenital illness or severe disability and where there are serious complications for the mother’s health; and to the adoption of Legislative Decree No. 1405, which establishes that employees can take up to seven days of their vacation entitlement in split periods of at least half a day in order to reconcile employment with personal and family life. The Committee requests the Government to provide information on the number of workers who have availed themselves of maternity or paternity leave, and also on flexible or part-time working arrangements for dealing with family responsibilities.
Article 5. Childcare and family services and facilities. The Committee notes that the Government does not provide any information on the availability of public care and assistance services in urban and rural areas, or on the implementation of the Cuna Más National Programme or of any other relevant measure. The Committee notes according to the Beijing+25 national report: (1) 60,695 women benefited from the day-care service for children under 3 years of age provided by the Cuna Más Programme and in 2018 a total of 3,407 day-care centres or homes were established through the programme; and (2) in the context of care services for adults in situations of economic and social neglect or vulnerability, there are 32 accredited centres covering 1,364 persons. The Committee once again requests the Government to provide up-to-date information on the availability of public care and assistance services in urban and rural areas, and also on the implementation of the Cuna Más National Programme and on any other relevant childcare or family assistance measures.
Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers, and of the problems of workers with family responsibilities. The Committee notes that the Government, in relation to legislative initiatives on part-time work and telework, carried out activities to promote dialogues and exchanges of practices and experiences relating to promotion of the work-life balance. The Committee also notes that according to the Beijing+25 national report, priority objective No. 6 of the National Gender Equality Policy 2019 (“to reduce the impact of discriminatory socio-cultural patterns on the population”) establishes guideline 6.3 on support and counselling for families with regard to sharing care responsibilities. The Committee requests the Government to provide information on awareness-raising and information measures to promote better understanding of the problems faced by workers with family responsibilities, including those implemented under the National Gender Equality Policy 2019.
Article 8. Protection against dismissal. The Committee notes the Government’s indication that Act No. 30709 prohibiting gender pay discrimination prohibits dismissal and non-renewal of contracts on grounds related to pregnancy and nursing (breastfeeding), and that Act No. 31110 prohibits the dismissal of women workers on grounds of pregnancy or nursing. The Government also states that in 2021 there were 1,580 inspection orders relating to verification of arbitrary dismissals and penalties were imposed in four cases. With regard to the Committee’s request for information on the application of the Labour Productivity and Competitiveness Act, the Government indicates that, on the subject of non-compliance with socio-labour regulations concerning working mothers during pregnancy and nursing, in 2021 there were 187 inspection orders and penalties were imposed in five cases. The Committee requests the Government to provide detailed information on any cases of dismissal involving workers with family responsibilities, including on grounds of pregnancy or nursing, which have been identified by the labour inspectorate and on any ruling handed down by the courts, as well as penalties imposed and compensation awarded.
Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government refers to the organization of training activities, workshops, forums and videoconferences relating to the work-life balance but that it does not indicate whether these activities were carried out in collaboration with employers’ and workers’ organizations, or whether members of these organizations were able to benefit from such measures. The Committee is bound to reiterate its request to the Government to collaborate with employers’ and workers’ organizations in the formulation and implementation of measures designed to give effect to the provisions of the Convention, and to provide information in this regard.

C169 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the General Confederation of Workers of Peru (CGTP), received in 2018; the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2018 and 2019; and the observations of the International Organisation of Employers (IOE), received in 2019. The Committee notes the Government’s reply to these observations. Lastly, the Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 10 September 2021, and requests the Government to send its comments in this regard.
Article 3 of the Convention. Human rights. 1. Events in Alto Tamaya–Saweto. In its previous comments, the Committee deplored the murders of four indigenous trade union leaders (Edwin Chota Valera, Jorge Ríos Pérez, Leoncio Quinticima Meléndez and Francisco Pinedo) of the Asháninka indigenous community of Alto Tamaya–Saweto after reporting illegal logging in their community, events that were examined in 2016 in the report of the tripartite committee set up in the context of a representation made in 2014 alleging violation of the Convention (GB.327/INS/5/3). The Committee urged the Government to continue taking all necessary measures to determine responsibilities and punish the perpetrators of the murders, and also to investigate the reports of acts of violence and illegal logging in the above-mentioned community.
The Committee notes that the CATP states in its observations that despite the judicial proceedings instituted against the suspected perpetrators of the murders, those with primary responsibility for the crimes are still at liberty and have not been punished, also pointing out that some authorities have contributed to procedural delays in the investigations and that there are other persons who were involved in the murders who have still not been charged. The Committee also notes that, according to the CATP, it was determined in the investigations that the main motive for the crime was illegal logging within the habilitación (advances) system which involves forced labour practices. The Committee notes that the Government attaches to its report copies of the reports of the Public Prosecutor’s Office and the judiciary in relation to the status of the criminal proceedings against the suspected perpetrators of the murders of the indigenous trade union leaders from Alto Tamaya–Saweto which occurred in 2014. It observes that, according to the 2019 report of the High Court of Justice of Ucayali, criminal proceedings had been instituted for aggravated premeditated homicide against five suspected perpetrators of the murders; these proceedings were at an intermediate stage, with the corresponding indictment due to be issued soon. Moreover, the 2019 report of the Public Prosecutor’s Office indicated that not all the perpetrators of the murders had been identified but that the prosecution service was continuing investigations in order to establish the facts. The Committee notes that, in June 2021, the oral hearing took place, in which the Special Transitional Court for Annulment of Ownership within the High Court of Ucayali issued a trial order against five suspected perpetrators of the murders (the oral hearing is available on the official channel of the judiciary). At the hearing, the judge stated that so far no order for pre-trial detention or any other interim measure has been issued against any of the accused. Recalling the seriousness of the acts committed seven years ago and the importance of preventing a climate of impunity which can affect indigenous and tribal peoples, the Committee strongly urges the Government to continue taking all necessary measures to ensure that the competent authorities proceed without delay with completing the investigations under way to enable the prosecution and conviction of the instigators and perpetrators of the murders of the trade union leaders of the Alto Tamaya–Saweto community in 2014. The Committee also requests the Government to provide information on progress made in the investigations relating to the reports of acts of violence in the context of illegal logging in the above-mentioned community.
2. Allegations of criminalization of social protest. The Committee previously emphasized the need to guarantee that indigenous peoples can fully exercise, in freedom and security, the rights established by the Convention and to ensure that no force or coercion is used in violation of their human rights and fundamental freedoms. The Committee observes that the CATP and CGTP refer to the criminalization of social protest and to acts of violence against indigenous defenders, both women and men, some of whom have been prosecuted by the criminal and administrative justice system in the context of socio-environmental protests. In particular, the CATP refers to a climate of violence affecting the indigenous communities of the Amazon region of Ucayali, in the context of their territorial demands. The Committee also notes that CONFIEP: (i) expresses its utmost concern at the threats to which indigenous peoples are subjected in the context of defending their territories and the environment; (ii) highlights the establishment in 2021 of the intersectoral mechanism for the protection of human rights defenders (Supreme Decree No. 004-2021-JUS), which seeks to prevent situations of risk arising as a result of their activities and to ensure their protection and access to justice; and (iii) adds that it hopes that this measure will contribute towards eradicating activities which are having a serious impact on the environment and safety of indigenous peoples.
While welcoming the adoption of the above-mentioned mechanism, the Committee observes that the social partners in the country express concern at the perpetration of acts of violence against the representatives of indigenous peoples who exercise the right to protest. The Committee recalls the importance of governments taking measures to prevent and investigate acts of violence suffered by indigenous peoples and their representatives in the context of peaceful action to defend their rights. The Committee therefore expects that the intersectoral mechanism for the protection of human rights defenders will prove effective in ensuring respect for the life, physical safety and psychological well-being of indigenous leaders, both women and men, and in creating a climate of trust, free of threats, so that they can defend their peoples’ rights, including through their right to protest without having recourse to violence. The Committee requests the Government to provide information on the activities of the intersectoral mechanism in question, and on any other additional measures adopted or envisaged in this regard.
Article 6. Consultation. The Committee notes that, in reply to its request for measures to be taken to strengthen the capacities of officials responsible for implementing consultation processes and to ensure that the peoples concerned can participate fully in those processes, the Government indicates: (1) the number of consultation processes carried out at the national level, including the number of agreements reached; (2) that the Vice-Ministry of Intercultural Affairs, through the Directorate for Prior Consultation, has coordinated training and support activities in the consultation processes; (3) that a total of 837 prior consultation agreements had been processed by 2021 by the Technical Secretariat of the Standing Multisectoral Committee for the Application of the Right to Consultation and 57 per cent of all these agreements had been finalized; (4) that one of the measures one which consultations were held was the draft Framework Act on Climate Change, as a result of which it was agreed to set up an indigenous climate platform as a forum in which indigenous peoples will be able to coordinate, exchange, manage and follow up proposals for action with regard to climate change; and (5) that between 2019 and June 2021 a total of 4,009 public officials and 9,290 members of indigenous peoples received technical assistance from the Directorate for Prior Consultation at the Ministry of Culture, and that 2,746 persons (public officials and members of indigenous peoples) were trained in the right and process of prior consultation by means of 94 workshops, both face-to-face and online.
The Committee notes with interest the ongoing progress in the implementation of consultation processes with indigenous peoples and also training activities on consultation. The Committee encourages the Government to continue its efforts to create the appropriate conditions to enable indigenous peoples to participate fully in consultation processes and affect the final outcome thereof, and to enable agreements to be reached on the proposed measures. The Committee requests the Government to continue providing information on the consultation processes that have been carried out, on the agreements reached and on compliance with them.
Articles 6 and 15. Consultation. Mining projects. With regard to its request for information on established procedures to enable proper identification of indigenous peoples whose interests might be affected by mining concessions and the consultations held with the peoples concerned, the Committee notes the Government’s indication that a total of 15 consultation processes have been carried out in relation to mining projects (13 on resolutions which authorize exploration activities and two on exploitation activities) and that dialogue forums have been set up with indigenous or native peoples in the context of the Standing Multisectoral Committee on Combating Illegal and Informal Mining. The Government also refers to the setting up of the Energy and Mining Sector Executive Committee for the Productive Development of the Country by means of Ministerial Resolution No. 326-2018-EF/10, comprising several ministries and representatives of the private sector, for the purpose of identifying, promoting and proposing actions for the sustainable development of the mining, hydrocarbon and energy sectors. The above-mentioned committee referred to the need to have updated, reliable information on the existence of locations of indigenous or native peoples in the area impacted by mining projects of importance for the economic and productive development of the country. On that basis, the Ministry of Culture carried out the identification of indigenous or native peoples connected with 23 mining projects deemed to have priority status. As a result, six locations of indigenous or native peoples which had not yet been incorporated into the official Database of Indigenous or Native Peoples (BDPI) and 90 locations already incorporated in the BDPI were identified.
The Committee notes the general claim by the CATP that, in the consultations with the indigenous peoples regarding mining activities, no justification was made of the measures concerned, there was no determination of their impact and nor was any specific information on the projects in question provided in the measures, resulting in agreements of a fairly general nature which do not protect the rights of the peoples concerned. In this regard, the Government indicates that the Environmental Assessment and Inspection Agency (OEFA) carries out actions to open channels of communication with indigenous communities inhabiting the area impacted by a project subject to monitoring, promoting their participation in early environmental assessments and environmental monitoring actions. The Committee requests the Government to provide information on any action taken in addition to the tasks performed by the Standing Multisectoral Committee on Combating Illegal and Informal Mining and by the Energy and Mining Sector Executive Committee for the Productive Development of the Country aimed at ensuring that the peoples inhabiting the areas where it is planned to undertake mining exploration or exploitation activities are identified and consulted in order to determine to what extent their interests might be prejudiced. The Committee also requests the Government: (i) to continue providing information on the number of consultations held with representatives of the indigenous peoples concerned with regard to mining exploration or exploitation projects and the results thereof; and (ii) to ensure that the indigenous peoples consulted have the relevant information and are able to understand it fully so that full dialogue is achieved between the parties.
Article 14. Land. National policy on titling. The Committee observes that the CATP and CGTP once again refer to the lack of public policy with regard to land titling, the inadequacy and lack of coordination of institutions responsible for the regularization of the lands of campesino (peasant-farming) and native communities, and the lack of legal protection of these communities with regard to the occupation and dispossession of their traditional lands by third parties. In this regard, the Committee notes the Government’s indication that procedures for the recognition and titling of communities are the responsibility of regional governments, being the Ministry of Agriculture and Irrigation the lead agency for legal and physical regularization and formalization. Moreover, the Government indicates that four indigenous reserves have been officially delimited for indigenous peoples in situations of isolation or initial contact (PIACI) in the regions of Cusco, Madre de Dios, Ucayali and Loreto, with a total area of 3,967,341.56 hectares. However, the Committee once again notes the lack of detailed information on the status of land titling requests submitted by indigenous peoples who are not in a situation of isolation or initial contact. The Committee also notes that Departmental Report No. 002-2018-AMASPPI PPI, prepared by the Ombudsman’s Office and referred to by the Government in its report, indicates that no significant progress has been recorded with regard to the physical and legal regularization of communal land or the recognition and titling of native and campesino communities because of the lack of budgets and staff allocated to regional governments for this task and because of the existence of disputes in areas awaiting recognition. In this regard, the Committee emphasized in its 2018 general observation that the recognition of traditional occupation as the source of ownership and possession rights is the cornerstone on which the land rights system established by the Convention is based. The Committee therefore urges the Government to take the necessary measures to implement the processes of identification, demarcation and regularization of the lands traditionally occupied by the peoples covered by the Convention in the different regions of the country, and once again requests the Government to send detailed information on titling processes which have been concluded or are in progress, disaggregated by regions as far as possible. The Committee also requests the Government to provide information on existing mechanisms for settling any land disputes which arise between indigenous peoples and third parties, indicating, if possible, examples of disputes which have been resolved through these mechanisms.
Titling of Shawi community lands. The Committee once again requests the Government to provide detailed information on the manner in which the Shawi communities have been afforded effective protection of their rights of ownership and possession with respect to the plot referred to in the 2016 tripartite committee report.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in full to the present comments in 2023.]

C169 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the General Confederation of Workers of Peru (CGTP), received in 2018; the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2018 and 2019; and the observations of the International Organisation of Employers (IOE), received in 2019. The Committee notes the Government’s replies to these observations. Lastly, the Committee notes the observations of the National Confederation of Private Business’ Institutions (CONFIEP), received on 10 September 2021. The Committee requests the Government to send its comments in respect of the observations of the CONFIEP.
Article 1 of the Convention. Peoples covered by the Convention. In its previous comments, the Committee noted the functioning of the official Database of Indigenous or Native Peoples (BDPI) and also the implementation in 2017 of the third indigenous census, which included the criterion of ethnic self-identification, and requested the Government to communicate the results thereof. In this regard, the Committee notes the Government’s indication that a result of the 2017 census was that 22.3 per cent of the population self-identified as Quechua, 2.4 per cent as Aymara, 0.9 per cent as native or indigenous from Amazonia, and 0.2 per cent as belonging to, or part of, another indigenous or native people. It also notes the detailed information sent in 2018 on the functioning of the BDPI and its data on indigenous or native peoples and the Government’s emphasis on the fact that the BDPI does not form the basis for the establishment of any rights and does not constitute a register. If one or more localities do not appear in the BDPI, but fulfil the established criteria for identification, their rights should be guaranteed. The Committee reiterates the importance of having reliable statistical data on the peoples covered by the Convention as a tool for efficiently defining and directing public policies. In this regard, the Committee encourages the Government to continue taking measures to ensure that the BDPI continues to update and produce socio-demographic, statistical and geographical information on indigenous peoples and requests it to continue providing information in this respect.
Articles 2 and 33. Coordinated and systematic action. In its previous comments, the Committee noted the setting up of the Working Group for Indigenous Policies (GTPI) at the Vice-Ministry for Intercultural Affairs, involving the participation of seven organizations representing indigenous peoples, and requested the Government to continue ensuring the participation of indigenous peoples in the design, implementation and evaluation of national indigenous policy. The Committee notes the detailed information provided by the Government on the dialogue forums which have taken place with indigenous peoples, coordinated by the Ministry of Culture, on topics such as health, education, productive projects, land titling and comprehensive development. It also notes with interest that within the GTPI a number of public management instruments and normative proposals for incorporating an intercultural approach have been revised. The Government indicates that, with respect to the legitimate claim of indigenous organizations to create and strengthen an institutional forum, the Standing Multisectoral Committee has been created (Supreme Decree No. 005-2021-MC), tasked with proposing, monitoring and inspecting the implementation of strategic measures and actions for the comprehensive development of indigenous or native peoples. The chief objective of the Multisectoral Committee is to strengthen the dialogue between the executive authority and seven indigenous organizations with national scope, involving five technical working groups which receive specific demands from the indigenous peoples at the regional and local level in the areas of health, economic development, education, women’s rights and territorial security. Lastly, the Committee notes the Government’s indication that, by means of Supreme Decree No. 10-2021-MC, the “Guidelines for the creation of services with cultural relevance through the incorporation of the ethnic variable in public entities” were adopted, which are binding for all entities in the public administration. The Committee welcomes the measures adopted by the Government to strengthen dialogue and promote the participation of indigenous peoples in the formulation of policies and plans for the realization of their rights and requests the Government to continue providing information on the activities of the GTPI. The Committee also requests the Government to provide information on the work of the Multisectoral Committee, including information on the follow-up given to specific demands made by the indigenous peoples.
Articles 3 and 12. Human rights. Legal proceedings. Indigenous women. The Committee notes the detailed information on the situation of the rights of indigenous women in Peru, provided by the Government, contained in the report entitled “Situation of the rights of indigenous women in Peru” prepared by the Ombudsman’s Office in 2019. According to the report, in 2017 a total of 18,376 indigenous women did not have a national identity document, over half a million indigenous women (in particular from the Asháninka indigenous people) could not read or write, and 73 per cent of indigenous women of working age did not have a paid job. The report also indicates that 70 per cent of Quechua women have been victims of domestic violence. The Committee requests the Government to provide detailed information on the measures taken to bridge the gaps faced by indigenous women in the exercise of their rights referred to in the 2017 report of the Ombudsman’s Office. The Committee also requests the Government to provide information on the measures taken to ensure that indigenous women have access to information on their rights and also to effective legal remedies to ensure respect for their rights and obtain compensation where such rights have been violated.
Article 15. Consultation and participation in benefits. 1. Oil exploitation in plot 192. The Committee notes the detailed information provided by the Government with regard to the consultation process concerning oil plot 192 located in the Pastaza, Corrientes and Tigre river basins. It notes that as a result of the agreements reached in that process, the Plot 192 Social Fund was set up, which benefits 25 communities of the Achuar, Quechua and Kichwa indigenous peoples located in the area impacted by the plot. The fund is managed by the above-mentioned communities and supports the implementation of development and environmental monitoring projects. The Government indicates that the fund has enabled, inter alia, the construction of bridges, communal facilities and projects for improving production. The Committee notes the CATP’s indication, in its 2018 observations, that the consultation process undertaken with respect to plot 192 resulted in agreements with only one group of the organizations consulted. In reply, the Government indicates that the promoting body held dialogues with representatives of the Kichwa, Quechua and Achuar peoples of the Tigre, Pastaza and Corrientes river basins, which were in the area impacted by plot 192, and that certificates of consultation were signed with the peoples of the upper Pastaza river basin and the Kichwa people of the Tigre river basin. The Government also indicates that the communities which did not sign the certificates of consultation will also benefit from the agreements. The Committee requests the Government to continue providing detailed information on compliance with the agreements reached with the communities located within the area impacted by plot 192.
2. Consultations regarding the Pakitzapango and Tambo hydroelectric power plant projects on lands traditionally occupied by Asháninka communities. In its previous comments, the Committee noted that, in the context of the representation examined in 2016, the tripartite committee emphasized the need to involve the Asháninka communities as early as possible in the decision-making processes regarding the Pakitzapango and Tambo hydroelectric power plant projects (GB.327/INS/5/3). The Committee once again requests the Government to provide information on the measures taken in this respect.
Article 18. Protection of indigenous peoples in situations of isolation. In its previous comments, the Committee requested the Government to continue providing information on the measures taken to protect indigenous peoples in situations of isolation or initial contact (PIACI). The Committee notes the Government’s reference to the adoption of Legislative Decree No. 1374 of 2018 establishing the system of penalties for non-compliance with the provisions of Act No. 28736 for the protection of indigenous or native peoples in situations of isolation or initial contact. This Decree empowers the Ministry of Culture to supervise compliance with the legislation relating to the PIACI through acts and procedures involving investigation, supervision, monitoring or inspection, and to impose administrative penalties for non-compliance. The Committee notes the surveillance activities undertaken in relation to the land, rivers and air in the reserves inhabited by the PIACI. Between 2018 and 2021, a total of 189 monitoring operations in the reserves and 1,821 patrols in reserve access areas were carried out. The Committee requests the Government to continue providing information on the inspection activities carried out by the Ministry of Culture in the areas inhabited by the PIACI and also on the penalties imposed for non-compliance with Act No. 28736.
Article 20(3)(c). Protection against all forms of debt bondage. The Committee notes the CATP’s claim that the inhabitants of the indigenous communities of the Peruvian Amazon, particularly in the Ucayali region, continue to be victims of the forced labour practice known as habilitación (advances), associated with illegal logging, whereby wood purchasers from outside the community provide indigenous workers with goods needed for their subsistence and work and thereby establish debts which the workers must pay off with wood. The CATP indicates that, despite the measures adopted by the Government to combat forced labour, nobody has been convicted for creating, participating in or benefiting from the habilitación scheme in the forests of Ucayali. The Committee refers to its comments on the Forced Labour Convention, 1930 (No. 29), and requests the Government to provide detailed information on the specific measures taken to prevent, investigate and penalize the practice of habilitación, of which the indigenous communities of the Peruvian Amazon continue to be victims.
Article 25. Health. 1. Measures to tackle the COVID-19 pandemic. The Committee notes the Government’s detailed information on the actions taken to tackle the COVID-19 pandemic in indigenous communities. In particular, it notes: (1) the adoption of Supreme Decree No. 0010-2020-MC approving the guidelines for the implementation of the alert strategy for the identification of suspected cases of COVID-19 among indigenous or native peoples and the Afro-Peruvian people, and for follow-up and monitoring during the medical treatment of cases, in the context of the health emergency declared on account of COVID-19; (2) the guidelines cover the need to coordinate the management of early alerts for cases of COVID-19 with the decentralized directorates of culture and national, regional and local indigenous organizations; (3) a team of 33 intercultural alert managers, both women and men, is deployed in the departments of Amazonas, Apurímac, Ayacucho, Cusco, Huánuco, Junín, Lima, Pasco, Puno, Loreto, Madre de Dios, San Martín and Ucayali, whose duties include monitoring the process of care and treatment of cases, in order to help reduce the health impact in the event of community transmission; and (4) communication and prevention campaigns have been conducted in various original languages of the indigenous peoples. The Committee welcomes the actions taken by the Government and encourages it to continue taking measures, with cultural relevance, to tackle the COVID-19 pandemic and its consequences among indigenous populations, with the participation of the peoples concerned. The Committee requests the Government to continue providing information on the measures taken and their results.
2. Impact of oil and mining operations on the health of indigenous peoples of the Amazon. The Committee notes the Government’s reference to the report of the Ombudsman’s Office on the health of indigenous peoples of the Amazon and oil exploitation in plots 192 and 8, published in 2018. In this report the Ombudsman’s Office concluded that the population in the area impacted by plots 192 and 8 with operations in the Pastaza, Tigre, Corrientes, Marañón and Chambira river basins was in a situation of risk because of exposure to heavy metals, which was getting worse because of constant oil spills and the postponement of action to repair the environment. With regard to the action taken in the wake of the mine tailing spills into the rivers of the department of Huancavelica in June 2010, the Government indicates that in 2010 the Ministry of the Environment declared an environmental emergency in the affected area, which made it possible to undertake immediate action to restore the quality of the environment and living conditions in the affected area. The Environmental Assessment and Inspection Agency (OEFA) also undertook surveillance and inspection activities with respect to the company responsible for the environmental damage, and penalties were imposed on the company.
The Committee requests the Government to indicate the measures taken to prevent and remedy the impact of oil operations on the health of the indigenous peoples located in the area impacted by these operations. The Committee also requests the Government to provide information on the measures taken to repair the environmental damage caused in indigenous communities by tailing spills in the rivers of the department of Huancavelica.
Articles 26 and 31. Education and communication measures. In its previous comments, the Committee requested the Government to provide information on the implementation of the National Plan for Bilingual Intercultural Education (PNEIB), the goal of which is to guarantee access for the indigenous population to educational establishments in keeping with their cultural origins. The Committee notes the CGTP’s indication in its observations that, according to figures for 2016 from the National Institute of Statistics and Information Technology (INEI), 31.6 per cent of indigenous young persons in rural areas between 12 and 16 years of age are lagging behind in secondary education and only 27 per cent of indigenous women aged 15 years who live in rural areas reach secondary level, compared with 43.8 per cent of their male peers. The CGTP also indicates that although the PNEIB was approved after prior national consultation, its implementation is slow because of budget deficits. In view of the fact that the Government does not provide any information on the implementation of the PNEIB, the Committee once again requests the Government to provide information on the measures taken to achieve the objectives of the PNEIB and the results achieved. The Committee also requests the Government to provide, as far as possible, updated statistical information on the school enrolment and retention rates for boys, girls and young persons, at both primary and secondary levels, in rural areas inhabited by indigenous peoples.
[The Government is asked to reply in full to the present comments in 2023.]
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer