CMNT_TITLE_CAS

The Government has communicated the following information:

In respect of debt servitude affecting the Ashaninka and Ucayali communities, even though the Ashaninka were in the past subjected to debt servitude within the framework of the practices of "engagement or entitlement" ("enganche o habilitación") the struggle for their emancipation and territorial rights has borne fruit in the establishment of the Indigenous Organization of Atalaya Region (OIRA), which has secured land rights for the Ashaninka by establishing links between the indigenous peoples and their land.

The land-owning Ashaninka have been released from servitude to their employer and the Constitution now recognizes that the indigenous land and respective rights are stronger than those inherent to any private property and the land claims on Ashaninkan lands. Land registration has initiated a process of self-development.

The emancipation of slaves in Atalaya is an important example of the liberation of indigenous peoples. The Ashaninka experience shows that the right to self-determination constitutes an antithesis to servitude and that the basis of this freedom is reflected in the recognition of territorial rights.

As regards the action envisaged by the Government for the application of the Convention, in particular to ensure that debt servitude is no longer practised in Atalaya and Ucayali, visits have been carried out to the native communities of Atalaya, to peasants and workers who make up the workforce of woodcutters, and discussions were organized on labour issues to ensure that workers are familiarized with their rights. These visits have been coordinated by the ESSALUD and the Agrarian Agency of Atalaya.

From June until December 1999 the Labour and Social Promotion Zone of Atalaya (Ucayali region) envisages labour inspections in urban and rural zones.

In particular, there were three denunciations to the labour authority of the practice of forced labour of indigenous peoples, who are illiterate and without identity documents, with the imposition of sanctions against employers, in accordance with legislation.

Simultaneously, the OIRA is organizing educational and registration campaigns aimed at all the indigenous communities.

As regards the workers of Madre de Dios, it is important to note that the number of adolescents and, in particular, children working in the Madre de Dios gold mines has dropped significantly for various reasons including:

-- after having been predominately artisanal, work in gold mines has become increasingly mechanized resulting from the acquisition of mechanical equipment such as cart loaders, mechanical diggers, tractors, sifters, etc., which require skilled adult workers and not adolescents or children to operate them;

-- the major mining zones such as Huaypetue have reduced output by 14 per cent. This has led to mining equipment being impounded by enterprises such as AUTRISA, EXPUMISA, FERREYROS to recover the debts of the gold mines. Moreover, the consequences of the "El Niño" phenomena have led to the paralysis of mining activities, brought about by shortfalls and increases in the price of fuels, carburants and staple goods;

-- as a result of the activities carried out by the Department's Labour Administrative Authority between 1996 and 1998, the number of contracts issued to adolescents by employers has fallen for fear of legal sanctions.

As regards the activities undertaken by the Ministry of Labour, it is important to note that in 1996 a major operation was carried out throughout Madre de Dios, in which 328 mining centres were found to be employing 1,614 minors. The result of these inspections resulted in the discovery of 54 adolescents, of which 40 were male and 14 female aged between 10 and 18 years. Their employers were subsequently asked to regularize work permits for these adolescents and to pay their debts. In one case, a minor was transferred to a medical centre because of the serious condition of his health.

During vacations young people aged from 16 to 18 years and, in particular, those who live in the rural and mountainous regions of Cuzco, Apurímac and Puno emigrate to Madre de Dios to look for work to finance their studies.

At the same time, young people aged from 16 to 18 are frequently recruited to work as kitchen assistants in the mining camps. In 1996, some had been subjected to sexual aggression by their colleagues and employers. The situation has improved following the imposition of sanctions and provisions taken in this regard.

In reality, the work of adolescents in Madre de Dios, particularly in the gold mines, had escalated to alarming proportions in the 1970s and 80s, where gold mining was carried out in an artisanal fashion which required a significant labour force. Since the beginning of the 1990s, these problems together with the effects of the global economic crisis have eradicated the use of adolescents in this sector. Finally, in Huaypetue, Ministry of Labour officials are ensuring the supervision and application of labour standards and are informing miners of their rights.

This confirms that the Government is taking the necessary measures to apply the Convention, in particular to strengthen the system of inspections in the zones concerned.

As regards convict labour, national legislation includes the following provisions:

(i) Constitution:

-- Article 22 of the Constitution: "Work is a right and a duty. It is the basis of social well-being and contributes to the self-fulfilment of human beings".

-- Article 23, paragraph 3 of the Constitution: "No person may be forced to carry out work without remuneration or without having freely consented to this work".

(ii) The Penal Code:

-- Article 65: "Work is a right and a duty of the prisoner. It contributes to his rehabilitation".

-- Article 67: "Prison labour shall be remunerated".

It is necessary to specify that work constitutes the basis of social well-being by the improvement of living standards and the advancement of society.

As regards prisoners, national legislation states that prison labour should not represent a hardship, may not be used as a disciplinary measure, and should not undermine the dignity of the prisoner. On the contrary, one of the principles of the Penal Labour Code concerning reduction of sentences is to ensure that work and education are considered beneficial to the prisoner and not compulsory. Where prison labour is obligatory, it shall be remunerated.

Moreover, the Government encourages the education of prisoners, namely through a Convention between the National Penal Institute (INPE) and the Administrative Faculty of the University of Inca Garcilaso de la Vega, which enables prisoners to take a correspondence course in administration.

Finally, the Government rigorously respects the application of the Convention and confirms that forced labour does not exist in Peru.

A Government representative referred first to the question regarding debt servitude in the Ashaninkas communities of Atalaya and Ucayali. In this connection she reiterated the information submitted in writing by the Government, and added that the Government had put into place measures to verify labour conditions and the respect of other labour-related rights. She noted that the work carried out by the health and social security organ (ESSALUD), which was a part of the Ministry of Labour and Social Promotion, had initiated periodic health visits for the people of these communities, thereby raising health and hygiene levels in the region.

With respect to child labour in the Atalaya region, she referred to the written information communicated by the Government, and stated that the sanctions imposed on the employers had ranged from US$10,000 to US$15,000 per enterprise, taking care that the number of minors per enterprise was in no case greater than 50. She further stated that she was aware that the reality largely exceeded the three denunciations submitted, and it was for this reason that the Ministry for Labour and Social Promotion had provided for constant monitoring of the region, to yield sufficient information to permit an updated appraisal of the labour situation in the area. This information would be transmitted to the Office in due course.

With respect to the workers of Madre de Dios, Kosñipata, Lares and other places, she reiterated the written information sent by the Government, and indicated its concern by this problem, and was working with the ILO to establish a centre for the eradication of child labour in mining. She also stated that in spite of the rural geography, the Ministry for Labour and Social Promotion had carried out various operations in the Madre de Dios department, in 1996, 1997 and 1998, with the following results: in listing the results she referred to the written information sent by the Government, adding that a similar operation in 1997 had been carried out, revealing three under-age workers in the mining centres, and finally, that there had been 412 inspections in 1998, both programmed and special, covering all economic activities, but especially mining, and only four under-age workers had been discovered. In the current year "sweeping" operations had been planned in two phases for the rural region. These aimed to cover both woodcutters, in the forestry sector, and the livestock and agricultural sectors, with a view to establishing the measures necessary for the protection of workers. In this connection work would be carried out jointly with the Ministry for Agriculture which would provide the necessary information concerning each of the authorizations and concessions granted for the woodcutting operations. She acknowledged that at present the Government was not able to reply to the questions of the Committee of Experts, but stated that the results of the action undertaken this year would make it possible to supply the statistics and detailed information on each of the cases highlighted within the next few months.

Finally, regarding prison labour, she referred again to the written information sent by the Government. She cited an example of the participation of groups of prisoners from the Chorrillos and Castro Castro prisons in an employment programme of the Ministry for Labour and Social Promotion -- the Women's Programme for Employment and Education (PROFECE). The prisoners had voluntarily formed organized labour groups (GOOLs) according to common manual skills. Products created by the groups were sold for the prisoners' profit, in the various PROFECE centres, and were in some cases exported with the aid of the Government. In this way, prisoners were assisted both in terms of rehabilitation, and also in economic terms, personally, and as regarded their families. She stated that a project aiming at the implementation of an education programme in penitentiaries was being elaborated. Finally, she specified that her Government would send the required detailed information.

The Worker members expressed their gratitude to the Government representative for the written information provided and recalled that this case was again being reviewed within the framework of the Committee of Experts since the Government had not responded to the previous questions raised. The Government had restricted itself to reiterating the facts and situations which were already known and had provided no new information concerning the developments and the new problems which had arisen in applying the Convention. They recalled that the Committee had already examined the situation concerning the Convention in 1992 and 1993 at a time when serious violations had been observed. Moreover in 1993, the Committee's conclusions had formed a special paragraph. The Worker members had recalled that the Committee of Experts' observation concerned three specific points of non-conformity with the terms of the Convention: firstly, forced labour (slavery, debt bondage and bondage) of indigenous peoples; secondly, the exploitation of young people, including children and adolescents in the Madre de Dios mines, which had been under discussion in 1993, and finally, prison labour.

As far as indigenous peoples were concerned, the Worker members recalled that in 1997 the World Confederation of Labour had communicated a number of comments concerning the forms of forced labour and bondage of the indigenous peoples of the Atalaya and Ucayali regions. The Government had still not responded to these comments. In this context, the most current form of forced labour consisted of debt bondage through a system known as "enganche o habilitación", by which indigenous workers were provided with a means of subsistence and work, creating a debt which the worker had to pay off by producing goods or services. In its previous comments, the Committee of Experts had requested the Government to adopt the necessary measures to eradicate the various forms of forced labour, particularly debt bondage, but also certain forms of fraudulent or violent recruitment of labour, the subhuman conditions of work and the exploitation of the indigenous communities of Atalaya, particularly children. The Committee of Experts had also emphasized the problem of in-kind payment of wages with food and clothing for forced labour, as defined in the Convention, by employers known as "madereros" (woodcutters). Moreover, these employers, particularly those in the wood-logging sector, resorted to irregularities which violated labour legislation on working hours, weekly rest and holidays. In 1999, the Committee of Experts had observed that although certain measures had been taken, problems remained which required dynamic and sustained action by the authorities, and it once again expressed the hope that the Government would take the necessary measures to eradicate the practice of the forced labour of workers, including children and adolescents, as required by the Convention.

The Worker members had noted that the Government had submitted written information in which it provided very succinct details on a number of developments which had contributed to raising the standard of living of indigenous peoples, namely, through land registration, which had initiated a process of self-development; visits to the autonomous communities to ensure that debt bondage was no longer applied; and increasing workers' awareness of their rights. The Worker members had recognized that the establishment of the Indigenous Organization of Atalaya Region (OIRA) and the activities of the Inter-Ethnic Association for Development (AIDEPS) had largely contributed to the conceptualization and the implementation of a policy to register lands and forests and to grant land rights to the indigenous communities. However, they had observed that this was not the result of initiatives taken by the Peruvian authorities, but of pressure being exerted on the Government, externally, nationally and by the ILO; through the development of external financing programmes and the implementation of legislation to protect indigenous peoples from slavery. These initiatives had encouraged the self-development of indigenous peoples and had contributed to diminishing their dependency and bondage. The Worker members had noted that the Government had also referred, very succinctly, to several prosecutions and denunciations concerning the practice of forced labour which had resulted in the sanctioning of employers, in accordance with the law. They had noted the oral information given by the Government representative, which should be meticulously examined by the Committee of Experts.

As regards the employment of children, including work being performed by children and adolescents in the Madre de Dios goldmines and washeries, the Worker members had noted that the Committee had also addressed this issue. They recalled that the National Federation of Miners, Metalworkers and Iron and Steel Workers of Peru (FNTMMSP) had denounced, in particular, the dishonest hiring practices of offering employment contracts of 90 days. These contracts were restricted to 90 days to enable employers to circumvent paying workers their return journeys, thereby preventing workers from returning to their place of origin. The FNTMMSP also addressed the issues of low salaries, long working hours and non-existent medical care. In its written comments, the Government had recognized that children and adolescents were included in these practices. It also referred to children and adolescents who were employed as kitchen workers in the mining encampments and acknowledged that a number of children had been subjected to sexual aggression. The Worker members had noted that the Government considered that the forced labour of children and adolescents had dropped, in particular, as a result of the economic recession and the modernization of the Madre de Dios mines and washeries. The Government also stated that several prosecutions and inspections took place between 1996 and 1998, and that fear of incurring legal sanctions had discouraged employers from recruiting adolescents.

Finally, as regards prison labour, the Worker members had recalled that the Committee of Experts had requested information on measures taken or envisaged to ensure the voluntary nature of work performed by prisoners, since the legislation in practice gave no details in this regard. Referring to the previously mentioned written information, the Worker members considered that the information contained therein was ambiguous and inadequate.

In conclusion, the Worker members deplored the brief and limited additional information on forced labour and the indigenous peoples' struggle against forced labour. They insisted that the Government provide detailed information to the Committee of Experts to enable it to closely monitor the situation and developments. They stressed the need for the implementation of a more active policy to prevent and suppress forced labour in order to abolish debt bondage. As regards forced labour of indigenous peoples in the mines, including children and adolescents, the Worker members considered that although the information provided indicated an improvement in the situation, this improvement was essentially the result of external factors and not an active government policy. In this context, the Worker members requested the Government to provide the Committee of Experts with detailed information and to develop an active policy to eradicate the forced labour of children and adolescents. Lastly, as regards prison labour, the Worker members had insisted that the Government should provide precise information, within the specified time limits, of the measures taken to give full effect to the Convention. The necessary consent must be obtained from prisoners to perform work for private individuals. The Government must also provide detailed information on the conditions of work.

The Employer members stated that this case had been discussed by the Conference Committee in 1992 and 1993, when it had noted a number of grave violations of the Convention. Since that time only a few changes had taken place and new allegations had been brought to the Committee of Experts' attention by the World Confederation of Labour (WCL). A widespread form of forced labour in the country was bonded labour which had mostly affected indigenous people in Atalaya and Ucayali regions. The most common form of forced labour was debt bondage. This was established under a system by which indigenous workers were provided with means of subsistence and work, but at the same time accrued a debt which the workers had to pay off by producing goods or services. These workers, however, lived without ever having the means to pay off their debts.

The Employer members noted that the Government representative had not provided detailed information with regard to these allegations. He further recalled the discussions which had taken place in 1993 and which had brought to light the existence of child labour in Atalaya. However, no information had been supplied on the number of cases in which the competent authorities had intervened. Although the Government representative had reported on inspection programmes, she gave no information as to the results of those inspections which had been carried out.

The Employer members further noted the comments presented by the National Federation of Miners, Metalworkers and Iron and Steel Workers of Peru (FNTMMSP) concerning dishonest hiring practices for the most part in Puno and Cuzco. The contracts offered had been limited to a certain number of days, after which the employers were supposed to cover the costs of workers' return journey. Since the employers had failed to do so, the workers had not been able to return to their place of origin. In this respect, the Employer members had noted the alleged bad working conditions in this sector, such as low wages, long working hours and the absence of medical care. Although the Government had reported in 1996 on progress in court proceedings against a group of contractors for violations of physical liberty in the contracting of labourers, he urged the Government to intensify this type of proceedings. He supported the Worker members' statement according to which some progress had been made in this regard.

With respect to prison labour, the Employer members recalled that this constituted a relatively new issue for the Committee of Experts. There were good reasons to oblige prisoners to work. However, a legal framework and precise provisions were needed in this respect.

With a view to the long-standing problems, the Government should be urged to provide detailed information on the subjects raised by the Committee of Experts. Moreover, the Government should indicate as soon as possible the results of the evaluation and assessment of inspection measures.

The Worker member of Peru declared that the Government recognized the difficulties that it had encountered in the application of the Convention, in particular as regards the Ashaninkas and in the area of Madre de Dios. However, the basic problem that these, as well as other peoples, were confronted with was the centralization of the administrative system which resulted in their total abandonment. It was highly important to carry out the changes requested by the Committee of Experts. In so doing the Government would be able rapidly to provide a solution to this problem. As regards prison labour, several of the difficulties encountered were the result of a significant overcrowding of the prisons affecting the prisoners. As a consequence thereof, work in prisons could not be deemed to be carried out on a voluntary basis.

The Worker member of Romania fully supported the declarations made by the Worker members. He recalled that the Committee of Experts had considered that the measures taken by the Government to halt the practices of forced labour were insufficient. Forced labour, which particularly affected indigenous peoples, existed in areas such as agriculture, cattle-raising and logging and took the form of debt bondage. The speaker declared that, according to certain information received, this problem affected some ten million people, including children. He further referred to the observations by the Committee of Experts concerning inhuman conditions at work for miners and emphasized that the employers of these miners effectively hindered them from returning home by refusing to pay their costs of transportation. He insisted that the Government should be requested to take measures to end these practices of forced labour pursuant to the provisions of the Convention.

The Worker member of Colombia noted his concern with regard to those persons working in conditions of slavery in Peru. He emphasized that, despite the undertakings made by different government administrations in Peru, the situation did not appear to have been resolved. He indicated that the existence of aberrant situations such as those described in the report of the Committee of Experts with regard to indigenous people, children and prisoners working in conditions of slavery was unacceptable. The members of the Committee recalled the situation of those children working in the gold washeries of Madre de Dios in order to pay off debts, as well as the statements made by the different government administrations of Peru disclaiming any knowledge of these problems. Finally, he asked the Government representative to indicate the number of labour inspectors supervising the enforcement of the labour laws, the frequency with which labour inspectors visit the gold washeries of Madre de Dios, and what measures were being taken in order to improve conditions in Peruvian prisons.

The Government representative indicated that Madre de Dios was not an enterprise, but was a remote wilderness area, rough and difficult of access, with very little infrastructure and little security. It had also suffered from the impact of El Niño and La Niña. These factors had impeded the assessment of the problems of forced and child labour, particularly in the mining sector, as well as efforts to promote the application of the Convention. Nonetheless, the Government had requested assistance from the ILO in order to solve these problems with which it was concerned. Meetings and other activities were being conducted, some with the participation of the ILO, to convince mining companies not to employ minors. Another problem faced by the Labour Inspectorate was that many of the incidents of forced labour complained of were occurring in informal enterprises, particularly those engaged in gold washing, that sprang up and disappeared in a very short time. However, other formal enterprises were visited periodically by labour inspectors. With regard to the work of prisoners or convicts, their participation in a work programme and corresponding activities did not involve private employers. On the contrary, the Government gave them the opportunity to be micro-employers. In this sense, this was work that was done voluntarily and was to their own benefit, permitting prisoners to reduce their sentences through work in accordance with the "two for one" system. The Ministry of Labour limited itself to placing prisoners' products on the national or international market. The Ministry of Justice and the National Penitentiary Institute monitored the problem of overcrowded prison conditions, doing what was necessary to make them more humane. With regard to the intervention of the Worker member of Peru, she indicated that the centralized administrative structure did not prevent regional labour departments from having their own inspectors and conciliation officers. Moreover, in the case of Atalaya, following the complaints presented to the ILO, a sub-prefecture of labour had been established that monitored the problems of the gold washers and indigenous workers, and carried out inspections on a permanent basis. She recalled the sweeping and positive reform of the Labour Inspectorate that had taken place beginning in 1996, indicating that there were currently 100 inspectors in Lima and 300 inspectors nationwide and that training seminars on labour inspection were frequently organized with the participation of the ILO.

The Committee noted the written and oral information provided by the Government representative and the discussion that ensued. It recalled that it had examined the case in the past and particularly in 1993. As concerned forced labour in particular by indigenous peoples in agriculture and logging, the Committee noted that the Government had indicated that, although the practices of forced labour through enganche or entitlement existed in the past, these practices had now largely been eliminated through the recognition of land rights for these people and that increased labour inspections were envisaged in the regions where they live. It noted also the statement that child labour, including forced labour, in mining had been reduced by a combination of economic decline, changing labour practices, and the activities of the Labour Inspectorate, as well as the assistance of the ILO. The Committee noted the brief information provided. It called on the Government to provide full particulars to the Committee of Experts on its efforts to eliminate forced labour and prevent its recurrence in future, in particular as concerned labour inspections, violations noted and penalties imposed. As concerned prison labour, the Committee noted the information provided during the discussion but regretted that the Government had not provided all the information requested by the Committee of Experts on the need for prisoners to consent to work for private employers, as well as the need to ensure the voluntary nature of work by persons detained while awaiting trial. It urged the Government to take the necessary steps to ensure that the Convention was respected in this regard, and to inform the Committee of Experts in detail of the steps it had taken.

CMNT_TITLE_CAS

A Government representative referred separately to the three questions covered by the report of the Committee of Experts. First, concerning the indigenous communities in Atalaya, he stated that the administrative labour authority of Puno, on whose authority these communities administratively depended, had encountered difficulties in dealing with the workers' demands. In reply to this, the Multi-Sectoral Committee in charge of examining their situation had recommended the creation of the regional work zone and of the social promotion of Huaypetue. Moreover, a programme of inspection adapted to the informal sector was being elaborated. A general plan of reassessment of indigenous communities was currently under way, together with the indigenous communities Ashanincas and Shipibos, who had been obliged to leave their original territory. By the action in favour of the return of these communities to their area of origin and of the reassessment of their proper organization, the Government tried to eradicate the practices of bonded labour, the violent forms of recruiting the labour force and the conditions of forced labour. Concerning the unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado, the speaker stated that his Government had taken the most severe measures against those who, directly or indirectly, obliged minors to work without remuneration. According to the report of the National Bureau of Labour Relations of 20 May 1993, the presence of children in this activity was due to the custom that mothers of the family voluntarily take their children and spouses to perform the work when the payment is in proportion to the quantity of chestnuts peeled per day. Nevertheless, appropriate measures of dissuasion had been taken, including the supervision of the implementation of the Legislative Decree No. 728 and its regulations (Employment Act). As regards the clandestine establishments of recruitment ("enganche"), their closure had been possible in Cuzco, thanks to a campaign of inspection and sanction and to the legalization of small recruitment companies functioning in comformity with the requirements of the two legal texts mentioned above. The creation of the regional work zone and of the social promotion of Huaypetue would avoid the workers concerned being obligated to go as far as Madre de Dios, which should contribute to the solution of the problem. Finally, the national police, in virtue of Communication No. 201-92-DS-CUS of 13 November 1992, would be able to survey and control workers who migrated to Madre de Dios without a labour contract duly authorized by the Ministry of Labour.

The Employers' members first drew attention to the fact that most of the information noted by the Experts in their report had come from the Government itself. Regarding the indigenous communities in Atalaya, they wondered about the living conditions in the area where the Government wanted to send them back, especially in view of such facts as the utilization of criminal recruitment methods which also concerned children, who were sometimes kept in situations and conditions absolutely inhuman. They considered that the statement by the Government representative did not indicate any substantial improvement, and requested more detailed information to be supplied to the Experts. As to the work by children in chestnut-peeling, the Employers' members were aware of the serious conditions of poverty which caused the situation. However, such conditions should justify all the more the severe measures to be taken against this phenomenon, because it could not be eliminated by legislation alone. They requested the Government to specify the concrete measures envisaged. In the case of workers in the Madre de Dios gold-mines and washeries, the conditions of work were extremely hard and their improvement problematic because of the difficulties in enforcing criminal sanctions. Regarding the three situations considered by the Committee of Experts, the explanations given by the Government were very vague. The Employers' members therefore requested the Government to specify in the future the measures that had been effectively taken in practice and their impact. They requested clarification on the number of existing indigenous areas and the expected period of time for the return of the communities to their original place of residence.

The Workers' members entirely supported the statement of the Employers' members. They recalled that the problem under question had existed practically since the ratification of the Convention by Peru in 1960 and emphasized that it was not the question of legislation but rather of its enforcement. The impatience of both the Employers' and Workers' members was justified because of the seriousness of the problem, that is of slavery, of child labour and of exploitation of indigenous peoples. Concerning the unremunerated work by children, the Workers' members drew attention to the problem of sanctioning the responsible, since it was often the mothers themselves who often took their children to work. Nevertheless sanctions should be imposed on those who, without being related to the children, make children work without remuneration. They requested the Government to supply the final report of the Multi-Sectoral Committee established by the Ministerial Resolution of 26 June 1990 and to provide detailed reports to the Committee of Experts. Finally, they stressed the importance of adopting and applying appropriate sanctions, as highlighted by the Committee of Experts in paragraph 111 of its General Report.

The Workers' member of Colombia stated that the international community and the members of the Committee, even less, should not remain impassive when faced with the serious problems of working children, youth and women in the gold-mines and washeries of Madre de Dios. He stated that, according to the denunciations presented by a journalist of Puerto Maldonado, common graves would be found in this area to bury the miners who were victims of diseases and accidents. The speaker mentioned the phenomenon called "ahijaditos" consisting of certain families handing over the parental authority to another family or persons who would play the role of employer in absolutely illegal conditions. As regards gold-mines of Madre de Dios, the Departmental Bureau of Statistics had established in 1984 that about 30,000 persons were employed and that this figure would rise during periods of rain and vacations, which led one to suspect the illegal recruitment of children and youth. The transport of workers in trucks from Cuzco to the place of work could last three days, meaning that sometimes the workers, on arrival at the destination, were sick and weakened to such a point that they could easily catch malaria. He submitted to the Committee a document containing all the information concerning the case under examination and concluded by requesting the Government to supply, at the next Conference, full and detailed information on the measures taken on this matter.

The Workers' member of Peru stated that the time that had passed since presentation of denunciations rendered them gradually inconsistent and less credible. Their extreme gravity required more rapid treatment; otherwise the conclusions or recommendations of the ILO bodies would arrive too late to have any effectiveness in the defence of the workers' rights. He therefore considered that it was absolutely necessary and urgent to change the methodology of the discussion and of the adoption of conclusions of this Committee.

The Government representative described the geographic area in which the phenomena mentioned in the report of the Committee of Experts had taken place and recalled that in the past terrorists had settled there, abusing children and making them work, although this had now ended. His country was practically destroyed between 1985 and 1990 and was currently in the process of reconstruction. Concerning the zones which the Employers' members mentioned, he specified that there were 80 zones where 13,200 inhabitants were counted, as well as 205 commercial establishments, 166 cattle-raising stations, 2,700 farmers and 118 wood-cutting establishments employing 1,400 persons. Other information and statistics would be submitted to the Committee. In addition, he again mentioned the creation of the regional zone recommended by the Multi-Sectoral Committee to which he had already referred. Furthermore, his country did not have, in the zone in question, qualified personnel to supervise the enforcement of labour standards. He therefore requested the ILO to continue to support the efforts to train inspectors.

The Committee took note of the statements by the Government representative, and took into account the fact that the information on which the Committee of Experts based its comments came from the reports of the Government. The Committee observed with concern that the serious problems mentioned by the Committee of Experts continued. In relation to the indigenous communities in Atalaya, the Committee noted that the recommendations formulated by the Multi-Sectoral Committee had not been implemented, despite the seriousness of the problems that were noted of debt servitude, the deprivation of liberty and constitutional rights, and the use of violence against workers of these communities. Nor had measures been taken to avoid children being indirectly obliged to work in conditions that could not be assimilated to a free employment relationship. As for the workers in the Madre de Dios gold-mines and washeries, the Committee hoped that the Government would submit, together with its next report, the final report of the Multi-Sectoral Committee established to examine the situation of these workers. The Committee urged the Government to take urgently the necessary measures to ensure full respect for the Convention, putting an end to the practices that were denounced and which constituted serious violations of the Convention and to provide detailed information in its next report. The Committee decided to discuss this case once again at its next session.

CMNT_TITLE_CAS

As concerns Convention No. 105, a Government representative, Vice-Minister of Labour, acknowledged the observation of the Committee of Experts and declared that the repeal, of section 44 from the Penal Code, was an important step in the history of his country.

As concerns Convention No. 29, forced labour was prohibited throughout the entire territory of the country and that practices which had been denounced by the National Federation of Miners, Metalworkers and Iron and Steelworkers of Peru (FNTMMSP) were illegal. The Constitution of Peru forbids these practices and they are punishable under the new Penal Code (Legislative Decree No. 635) of 1991. Although it was true that the Minister of Labour was not present throughout the national territory, periodic inspections were made.

Indigenous communities in Atalaya. The Multisectoral Committee created by Ministerial Resolution No. 083-88-PCM assigned, in its report, the following tasks to the Ministry of Labour: (1) preventative inspection of estates and settlements which were the subject of complaints; (2) the creation of the "work zone of Atalaya"; (3) the training of community spokespersons in the work issues and the publicising of labour standards in collaboration with indigenous organisations (Inter-ethnic Association for the Development of the Peruvian Forest and the Regional Organisation of Indigenous Communities of Atalaya). After the census of 1981, the 12,400 inhabitants were divided into different ethno-linguistic groups (Ashanicas, Campas, Shipibos, Conibos, Picos, Anahuacas and Yaminaguas) representing 80 indigenous communities which speak about 30 of the 52 dialects of the Peruvian Amazon. Unfortunately it had not been possible to give effect to the second and third activities set out by the Multisectoral Committee. Inspections carried out by the Ministry of Labour had not been more than had been conducted through an inquiry into the situation of 17 estates which were the subject of complaints; this had occurred because of the lack of cooperation by local authorities, the absence of employers and the lack of means. Other problems also existed in the Atalaya region such as land tenure, the invasion and colonisation of the area, and deforestation as well as human rights problems. The Ministerial Committee also proposed the intervention of other competent ministerial departments as well as approaching the ILO for the purpose of obtaining, with its collaboration, financing for technical assistance which would permit it to carry out well the tasks which had been assigned to it.

Workers in the Madre de Dios gold-mines and washeries. In August 1991 the Ministry of Labour constituted a commission charged with studying and finding a solution to the problem raised by the Committee of Experts in its observation. The Multisectoral Committee was charged to conduct an active training campaign to raise the consciousness of workers as to improving conditions of work. The employment bureaux which practise "enganche" were made the object of inspection visits and, in appropriate cases, were fined or ordered to close. The labour authority of Cuzoco took measures to ensure that labour contracts would be concluded in conformity with legal provisions in force and approved by them. Legal assistance for needy workers was provided with the assistance, in appropriate cases, of the police.

Unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado. Child labour was associated with poverty and a need by families to provide for basic survival. It was linked to family organisations and the mode of agricultural production, and was comparable to home work in urban areas. The work of chestnut peeling was task work where a set sum is paid for each kilogram of chestnuts peeled. Following collective bargaining, enterprises agreed to an increase in wages. Although the Peruvian legal system made provisions aimed at preventing the exploitation of children, it was clear that the critical poverty, misery and low standards of living that existed in regions of the country could not be eradicated or avoided only through legislation.

The Workers' members stated that there was clear progress in the case of Convention No. 105, whose application had been the subject of discussion since 1980 following the repeal of the former article 44 of the Penal Code. They hoped this Convention would be fully applied in practice in the future.

With regard to Convention No. 29, they pointed out that the legislation did not present any problems. As the Committee of Experts had pointed out since 1987, the problems raised by the National Federation of Miners, Metalworkers and Iron and Steelworkers of Peru concerned only its practical application. These problems were very serious since they shared a common feature - namely slavery, which necessitated efficient action wherever they arose. It was not sufficient that the Committee of Experts had requested the Government to provide information obtained from either the visits of labour inspectors or the work of various committees on forced labour. It was also necessary to require that concrete measures be taken to eliminate all use of forced labour as well as forced labour by children working in the chestnut-peeling enterprises in Puerto Maldonado (the Government's report did not touch on the subject although the Government representative recognised the existence of these practices and stated that they were poverty related). The Workers' members hoped that the Committee of Experts would examine the concrete measures taken in practice in order to ensure that progress is made in the coming year.

The Employers' members also underlined the seriousness of the problems relating to the application of Convention No. 29. These reprehensible practices existed as far back as 1960, when Peru originally ratified this Convention. These practices consisted of: obliging workers in the Madre de Dios gold-mines and washeries to stay permanently at their workplace situated in isolated areas because of their employers' refusal to pay the cost of their return journeys, in violation of their obligations under the 90-day work contracts; the use of children to work alongside their mothers in the chestnut-peeling enterprises in Puerto Maldonado in order to fill the number of barrels of chestnuts that were required daily; the state of slavery of the indigenous communities of Atalaya, because they were subjected to the mechanisms of the system of "advances" or "enganche" provided by the employer in the form of work utensils, meals or money. Even though the Government representative stated that a new law had been adopted in 1991 providing for sanctions in cases of forced labour the Government had not sent a report on Convention No. 81 on labour inspection, whose application was essential to the abolition of forced labour. It was necessary that the number of labour inspectors and the conditions under which they fulfilled their functions be in conformity with ILO Conventions on labour inspection in order to ensure the application of national legislation including those adapted in 1991. The Committee of Experts should keep this in mind in order to be able to assess the magnitude of the problems. The Employers' members requested that this case be discussed again next year with a view to ascertaining any progress made because of the serious nature of the problem involved.

Finally, the Employers' members noted with satisfaction the progress shown by the adoption of legislation applying Convention No. 105. However, they hoped that its practical application would supplement the guarantees provided by the Convention.

The Government representative stated that the new article 128 of the Penal Code of 1991 provided for imprisonment of two to four years for those endangering the lives of children under guardianship or custody. In other words, it was their own parents who, in order to increase their revenue, subjected their children to work without a contract. He added that labour inspection would ensure attaining the desired results and that the Government had sent to the Committee of Experts copies of decisions reprimanding enterprises engaging in forced labour. These decisions were complemented by political measures with a view to preventing such practices.

A Workers' member of Colombia expressed his concern with regard to the serious problems discussed relating to forced labour and children. These problems existed in Peru and in most Latin American countries as well as in the informal sector. Statements of good intent and adoption of laws did not suffice. One should equally take into account the problem of poverty, the deficient distribution of wealth, as well as the current economic system. He thought that at its next session this Committee should not limit itself to requiring reports of a political nature but should request specific information on measures taken to protect the rights of children.

The Committee noted with concern the violations of the Convention as reported by the Committee of Experts. It also noted the information supplied by the Government representative, but it regretted the existence in Peru of a situation which was not in conformity with the Convention. Even though the Committee had expressed its satisfaction with regard to progress attained on Convention No. 105, it had nevertheless underlined the seriousness of the current situation. It therefore urged the Government to provide the Committee with as much information as possible and to take all the necessary measures to end the above-mentionned violations. It underlined its decision to discuss this case once again at its next session.

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 2(2)(c) of the Convention. Prison labour for private enterprises. In its previous comments, the Committee requested the Government to provide information on the remuneration received by prisoners when they perform work for private enterprises. In its reply, the Government has provided information on the different modalities of work performed as well as on the distribution of the work products. While noting this information, the Committee requests the Government, once again, to indicate how the remuneration level is fixed for prisoners working for private enterprises and what provisions are applicable in this regard. Please also provide a copy of Decree No. 023-2001-JUS regulating the Code for the Execution of Sentences. 

Sentence of community service. Noting that no information was provided by the Government on this issue, the Committee again requests the Government to provide the list of private social utility entities (“receiving entities”) referred to in section 34 of the Penal Code, section 119 of the Code for the Execution of Sentences and section 4 of Act No. 27030 concerning sentences of community service.

CMNT_TITLE

The Committee notes the Government’s report, the comments of the National Confederation of Private Business Institution (CONFIEP) communicated by the Government with its report, and the comments on the application of the Convention made by the General Confederation of Workers of Peru (CGTP), which were forwarded to the Government on 16 November 2009.

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in indigenous communities. For many years, the Committee has been examining the situation of members of indigenous communities who are victims of forced labour practices (slavery, debt bondage and serfdom), particularly in sectors such as agriculture, stock-raising and forestry. It referred in particular to the region of Atalaya, the harvesting of chestnuts in Madre de Dios and widespread forced labour in illegal timber activities in the region of Ucayali. The Committee noted the establishment in 2007 of the National Commission to Combat Forced Labour and the approval of the National Plan to Combat Forced Labour, the objective of which is to address structural issues (the vulnerability of victims) and take coordinated measures to resolve situations of forced labour in practice. The Committee noted the various components of the National Plan and requested the Government to provide information on their implementation and the results achieved. The Committee observes in this respect the CGTP’s view that the measures adopted for the implementation of the Plan are inadequate. The CONFIEP however gives a favourable assessment of the manner in which the Government is combating forced labour.

Legislative measures. One of the objectives of the National Plan is the existence of legislation that is in conformity with international standards respecting freedom of work and rules which give a legal basis for action to combat forced labour. The Government has previously acknowledged that the legislation does not contain specific provisions encompassing the whole of the issue of forced labour and that it is necessary to update and harmonize the penal, civil and labour legislation on this matter. The Committee notes the Government’s indication in its last report that there is not yet legislation specifically criminalizing forced labour and determining its constituent elements, although a legislative proposal is being studied which should be examined soon by the Congress. The Government, however, specifies that other provisions of the national legislation protect the right to freedom of work, such as section 168 of the Penal Code, which establishes a sentence of imprisonment for any person who obliges or threatens another person with a view to the performance of work without receiving the corresponding remuneration, and section 153 which criminalizes and defines the constituent elements of trafficking in persons. The Government considers that, in view of the fact that this section defines the constituent elements of the crime of trafficking in persons with reference to its purpose, namely exploitation, the victims of forced labour could benefit from the protection and assistance guaranteed on the basis of this section. The Government finally hopes that the legislation will soon be supplemented by a Bill which will bring the national legislation into conformity with the Convention.

The Committee notes this information. The Committee recalls in this respect that forced labour, as established by the Convention, is a broader concept than trafficking in persons and that it is important for national jurisdictions to have precise provisions, taking into account the principle of the strict interpretation of penal law. The Committee therefore hopes that the Government will take the necessary measures to ensure that the legislative initiative to which it refers results in the adoption of penal provisions specifically criminalizing forced labour and defining the constituent elements of forced labour so as to cover all the forced labour practices existing in the country. Finally, referring to its previous observation, the Committee would be grateful if the Government would indicate whether it has followed up the proposal in the National Plan to formulate a Bill to regulate private employment agencies and labour recruitment systems, by giving emphasis to the prevention of forced labour and by including them within the competence of the labour inspectorate.

Labour inspection. The Committee notes that the National Plan envisages the reinforcement of the labour inspectorate, particularly through the establishment of mobile inspection units in areas difficult to access and the establishment of machinery to receive complaints and forward them to the corresponding services. The Government indicates that a special labour inspection unit to combat forced labour (GEIT) was created in August 2008. This unit, composed of five labour inspectors and headed by a supervisor, undertook its first mission between September and December 2008. The mission aimed at inspecting timber activities in the Department of Loreto and to develop the investigatory capacities of the GEIT. The GEIT concluded that in this Department the system of “habilitación” remains a widespread means of recruiting mixed race and indigenous labour for timber extraction. The second mission consisted of an operational plan to inspect export enterprises in the timber sector, and particularly in forestry concessions that are distant from towns. The Government adds that financial difficulties have prevented the GEIT from travelling to distant areas and communities. It further indicates that the GEIT has conducted preliminary investigations into situations of forced labour in agro-industrial and mining activities.

The Committee notes this information. It also notes that, in its comments, the CGTP emphasizes that the GEIT is established in the capital, Lima, and not in the area where forced labour is widespread, namely in the Amazon forest. This makes it difficult to achieve the objectives set out in the National Plan. The Committee considers that the specialization of a group of inspectors in combating forced labour constitutes a positive element. However, it observes with concern that the GEIT does not appear to have the financial resources to carry out its missions. The Committee requests the Government to provide information on the measures adopted to ensure that the GEIT is provided with adequate human and material resources to be able to travel rapidly, effectively and safely throughout the national territory. Please indicate the number of inspections carried out, the situations of forced labour reported and the judicial action taken as a result of the violations reported.

Awareness raising and prevention. The Committee notes the detailed information provided by the Government concerning the measures adopted to disseminate information and raise awareness on the problem of forced labour. It observes in particular the draft communication strategy which, in the absence of financing, has not yet been implemented. It also notes the web page of the Ministry of Labour and Employment Promotion devoted to forced labour; the decentralized action taken by the Ministry of Education to disseminate the National Plan, and to carry out awareness-raising and prevention activities among teachers, students and parents, with emphasis on rural areas where the population is most vulnerable; the broadcasting of television programmes on forced labour on the State channel; the awareness-raising and training activities undertaken in training institutions for the police and officials in institutions working in fields linked to the issue of forced labour. The Committee encourages the Government to continue developing this type of awareness-raising activities and requests it to provide information on this subject. It would also be grateful if the Government would indicate the measures adopted to improve the identification of victims and establish their number, and on whether the proposals in the National Plan have been implemented for the preparation of studies on forced labour in certain sectors and the periodic development of assessments of the forced labour situation.

2. Domestic work under conditions of forced labour. The Committee noted previously the allegations of forced labour practices of which certain women domestic workers are reported to be the victims. It notes the information provided by the Government on the numerous activities undertaken to ensure that women domestic workers are aware of their rights, both through training workshops and information campaigns (distribution of brochures, posters, television programmes). The Committee observes that the GCTP confirms in its comments that many women domestic workers are subject to violation of their rights amounting to forced labour. The trade union refers to women workers who are exploited and obliged to work over 18 hours a day without receiving remuneration, or with their remuneration being paid in kind, and who are deprived of their freedom of movement or their identity papers. The CGTP emphasizes that it is necessary to amend the legislation and to develop a quantitative and qualitative assessment of forced labour in this sector since, in the absence of such an evaluation, it is difficult to combat this form of forced labour. The State should also make available to women domestic workers the tools through which they can assert their rights. The Committee trusts that the Government will take every necessary measure to ensure the protection of women domestic workers against the imposition of practices which amount to forced labour, both at the legislative level and in practice, providing the necessary assistance so as to enable them to assert their rights and denounce any abuses of which they may be victims.

3. Trafficking in persons. In addition to the adoption of the provisions in the Penal Code which criminalize and define the constituent elements of trafficking in persons, referred to above, the Committee notes the creation of the Division to Combat Trafficking in Persons in the Criminal Investigation Directorate of the National Police. The Government indicates that this Division works with the GEIT on the complaints lodged over the telephone line established for that purpose by the Ministry of the Interior concerning trafficking in persons for the exploitation of their labour. The Government also refers to the system for the recording and compilation of statistics on the crime of trafficking in persons and similar offences, through which indicators are established on complaints, investigations, locations, offences, identities and types of trafficking. A telephone line available 24 hours a day, seven days a week, has also been set up with professionals to provide assistance and advice to victims of trafficking and who can, where appropriate, forward complaints to the police services. The Committee requests the Government to continue to provide information on the measures adopted to combat trafficking in persons, and particularly to protect and assist victims. Please provide information on the results obtained by the Division to Combat Trafficking in Persons of the National Police, the difficulties encountered and the measures adopted to overcome them.

Article 25. Effective and strictly applied penal sanctions. The Committee previously noted the lack of specific provisions in criminal law to repress and punish forced labour, which prevented effect to be given to Article 25 of the Convention, under which the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the penalties imposed have to be really adequate and strictly enforced. The Committee notes that the Government provides information in its report on certain procedures that have been established to enable victims to denounce their situation (free telephone line for trafficking in persons and on-line denunciation on the web page devoted to forced labour of the Ministry of Labour). The Committee observes that the Government does not provide any information on the initiation of prosecutions against persons charged with the exaction of forced labour.

The Committee emphasizes that, as indicated above, forced labour practices in Peru take various forms (including practices similar to slavery or debt bondage of indigenous populations and exploitation of women domestic workers) and it appears that the legislation that is currently in force is inadequate for the punishment of those responsible for these practices. The Committee observes the emphasis placed by the CGTP on the fact that, when situations of forced labour are identified, the lack of an adequate legal basis for bringing criminal charges before the court prevents the punishment of those responsible. In these circumstances, the Committee refers to its comments set out above on the need to adopt specific provisions criminalizing forced labour and defining its constituent elements, as a basis upon which the police and prosecution authorities can initiate judicial procedures against those responsible for the various forms of forced labour existing in Peru. With regard to trafficking in persons, the Committee requests the Government to provide information on the effect given in practice to sections 153 and 153A of the Penal Code and to provide copies of relevant court rulings. Please also indicate whether criminal courts have handed down decisions under section 168 of the Penal Code.

Finally, the Committee notes that, under the terms of section 25 of the Regulations issued under the General Act on Labour Inspection (Supreme Decree No. 019-2006-TR), forced labour, whether paid or not, and trafficking in, or the abduction of persons for the purpose of forced labour constitutes a very serious offence from the labour relations perspective and is punishable with an administrative sanction (fine). The Committee requests the Government to provide information on the penalties applied under this provision, with an indication of their number and amount.

CMNT_TITLE

Article 2, paragraph 2(c), of the Convention. Prison labour for private enterprises. The Committee requested the Government in its previous direct request to provide information on the remuneration received by prisoners when they perform work for private enterprises. The Committee notes that the Government’s report does not contain the requested information and it hopes that the Government will provide this information in its next report.

Performance of community service. The Committee previously requested the Government to provide the list of private social utility entities (“receiving entities”) referred to in section 34 of the Penal Code, section 119 of the Code for the Execution of Sentences and section 4 of Act No. 27030. Noting that the list was not attached to the report, the Committee requests the Government to provide the above list with its next report.

CMNT_TITLE

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Forced labour by indigenous communities. In the observations that it has been making for many years, the Committee has referred to the existence of forced labour practices (slavery, debt bondage and serfdom) affecting members of indigenous communities, particularly in the Atalaya region in sectors such as agriculture, stock-raising and forestry. In its previous observation, the Committee requested information from the Government on the approval and implementation of the Plan of Action for the Eradication of Forced Labour.

Measures taken by the Government. The Committee notes the establishment of the National Commission to Combat Forced Labour, created by Presidential Decree No. 001-2007-TR, of 13 January 2007, the purpose of which is to act as the permanent coordination body for policies and action against forced labour in the various sectors at both the national and regional levels. Under the presidency of the Minister of Labour and Employment Promotion, the Commission is composed, among other members, of representatives of the Ministries of Labour, Health, Education, Agriculture and of employers’ and workers’ organizations. The Committee notes with interest that Presidential Decree
No. 009-2007-TR approved the National Plan to Combat Forced Labour (hereinafter, the “National Plan”), in the context of which the medium- and long-term policies are intended to address structural issues (the conditions of vulnerability of the victims) and the adoption of short-term coordinating measures to resolve specific instances of forced labour. The measures envisaged in the National Plan include: legislative action to specifically criminalize forced labour and to repress such practices; measures to strengthen and train the inspection services; undertaking investigations in sectors in which there are indications of situations of forced labour; developing a communication strategy to inform the population concerning the problem of forced labour and the computerized processing of complaints of cases of forced labour.

Legislative measures. The Committee notes that one of the objectives of the National Plan (component III) is “the existence of legislation in conformity with international standards respecting freedom of work and rules which give legal guarantees for action against forced labour”.

The Committee notes the action that has been envisaged in the National Plan and hopes that the Government will provide information on the progress achieved in relation to:

–      the formulation and harmonization of the legislation to combat the issue of forced labour;

–      the formulation of a draft text to regulate private employment agencies and systems for the training of the labour force, focusing on the prevention of forced labour, and their integration into the mandate of the labour inspectorate;

–      the preparation of a study on the viability of establishing standards for work in specific economic activities in which there are indications of forced labour;

–      providing ex officio legal defence services free of charge for citizens who have been victims of forced labour, with the criminal prosecution of persons who have actively committed the crime of forced labour.

Inspection. The Committee notes the major role of labour inspection in combating forced labour and that the action envisaged in the National Plan for institutional strengthening in the field of inspection, includes:

–      the creation of mobile inspection units in geographical areas that are difficult to access in which forced labour situations have been identified;

–      the establishment of machinery to receive complaints and forward them to the corresponding services;

–      the inclusion of a module on forced labour in training plans for the staff of the labour inspection system;

–      the inclusion of the subject of fundamental labour rights in the curriculum for the police school.

The Committee notes that, among the first actions planned, a bi-national workshop for Peru and Brazil is to be held in the city of Pucallpa-Ucayali, with the participation of specialists from the Brazilian mobile inspection unit. The principal objective of the workshop is to undertake practical action in the region of Ucayali to combat forced labour in the illegal felling of wood. The Committee requests the Government to provide information on the conclusions formulated at the bi-national seminar for Peru and Brazil and on the other action envisaged in the National Plan in relation to inspection services.

Research and statistics. Among the measures envisaged to identify the groups affected and the number of victims, the National Plan includes:

–      undertaking research on forced labour in specific sectors in which there are indications of situations of forced labour, such as nut harvesting in Madre de Dios, domestic work, fishing and artisanal mining, agriculture and various sectors of production throughout the Peruvian Amazon;

–      undertaking regular diagnostic exercises to evaluate the existence or identify evidence of forced labour and its gender dimensions in general terms.

With regard to domestic work under conditions of forced labour, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), forwarded to the Government in September 2006. In its comments, the ITUC alleges that elements of forced labour are found in the domestic work sector. Women form a majority of that sector and they live and work in the household of the employer. Employers often keep their identity documents and this makes it impossible for them to leave their jobs. In many cases, they do not receive any remuneration because they are indebted to their employer, who deducts from their wages food, housing, medical fees and the value of any damage caused by such workers, who have to continue working without wages to cover the costs.

The Committee hopes that the Government will provide information on the investigations that have been carried out in the sectors envisaged in the National Plan, and particularly on the situation of domestic work and the ITUC’s allegations.

Article 25. Penalties for the exaction of forced labour. In its previous observation, the Committee requested information on the number of complaints of cases of forced labour, the progress made in the investigation of these cases, and particularly the percentage of complaints which have given rise to prosecutions and the number of convictions obtained.

In its report, the Government indicates that there is no specific legislation addressing the issue of forced labour in an integral manner and that the State will therefore have to update and harmonize the criminal, labour and civil legislation on this subject. Furthermore, the National Plan envisages the establishment of machinery for complaints and the Ministry of Labour and non-governmental organizations are currently creating computer systems for this purpose. The Government adds that it has no information on prosecutions and convictions for forced labour.

The Committee recalls that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that it shall be an obligation on any Member ratifying the Convention to ensure that penalties imposed by law are really adequate and are strictly enforced. The Committee observes that the lack of specific provisions in criminal law to repress and penalize forced labour prevents effect from being given to this provision of the Convention with the consequence that those responsible for the exaction of forced labour enjoy impunity. Furthermore, the measures envisaged in the National Plan for the establishment of complaints procedures will not be effective as there is no legal basis to incriminate practices of forced labour.

The Committee hopes that the Government will rapidly take the necessary measures to specifically criminalize and repress practices of forced labour in criminal law. In the meantime, the Committee requests the Government to provide information on the complaints procedures that have been established and, where appropriate, the complaints that have been made under the current provisions of the national legislation.

The Committee welcomes the action which the Government has taken with a view to the eradication of forced labour. The measures envisaged, while constituting an important first step, will need to be strengthened and lead to systematic action that is commensurate with the scope and gravity of the problem. The direction taken by the National Plan should allow this objective to be achieved. The Committee hopes that each of the components of the National Plan of Action to Combat Forced Labour will be implemented effectively and that the Government will be able to provide information in its next report on the progress made and the results achieved.

CMNT_TITLE

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Prison labour for private enterprises. The Committee previously requested the Government to provide information on the measures adopted or envisaged to guarantee that convicts can give their consent to perform the work for private individuals, and on the conditions of work for private enterprises.

The Committee notes the information provided by the National Prison Institute, transmitted by the Government in its report, to the effect that any work activity in prison has to be carried out with the explicit consent and acceptance of the prisoners, as a specific request is required from the prisoners concerned.

With regard to conditions of work, the Committee requests the Government to provide information on the remuneration received by prisoners when they perform the work for private enterprises.

2. Performance of community service. The Committee notes section 34 of the Penal Code and section 119 of the Code for the Execution of Sentences respecting the penalty of community service. In this respect, the Committee observes that a person sentenced to penalty of community service may be compelled to work for private individuals or associations. It recalls that Article 2, paragraph 2(c), of the Convention explicitly prohibits the hiring or placing at the disposal of private individuals, companies or associations of persons convicted in a court of law. The exception provided for in this provision of the Convention does not extend to work performed for private entities, even where such entities are non-profit-making. Nevertheless, sentences of work for such entities may be imposed if the convicted person so requests or freely gives her or his consent.

The Committee notes that Act No. 27030 established the Register of Receiving Entities for the performance of community service and that inclusion in the Register takes place at the request of the entities concerned. The Register has to contain information indicating the activities carried out by such entities and the kind of work to be performed.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that persons who are sentenced to perform community service are not hired to or placed at the disposal of private individuals, companies or associations without giving their consent. The Committee requests the Government to provide the list of private social utility entities (“receiving entities”) referred to in section 34 of the Penal Code, section 119 of the Code for the Execution of Sentences and section 4 of Act No. 27030.

CMNT_TITLE

The Committee notes the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Forced labour by indigenous communities. In the observations that it has been making for many years, the Committee has referred to the existence of forced labour practices (slavery, debt bondage or actual bondage) affecting members of indigenous communities, particularly in the Atalaya region, in sectors such as agriculture, stock-raising and forestry.

The Committee noted in its observation in 1993 the final report of the Multisectoral Committee (established by Decision No. 083-88-PCM, and composed of various bodies of the Ministries of Labour, Justice, Agriculture and the Peruvian Institute on Indigenous Questions), which was supplied by the Government. The report indicated that “the indigenous communities in Atalaya, who are known as ‘captives’, are subject to servitude in large and medium-sized stock-raising and/or timber estates, providing free or semi-free labour under the system of ‘advances’ (‘habilitacion’ or ‘enganche’). This system consists of advances provided by an employer to an indigenous worker in the form of work utensils, meals or money, in order to obtain the wood with which, in theory, he can subsequently repay the initial debt and obtain income. Thus, obliged to repay the original advance, as well as interest on it, the indigenous workers are caught in a vicious circle of exploitation and poverty which becomes their permanent condition.” According to the report, 17 estates were denounced and found to be engaging in slavery and servitude. With regard to conditions of work, the report indicated that the indigenous workers “work between 10 and 12 hours every day, which is made worse by the fact that they are not paid the minimum living wage and are certainly not compensated for overtime”, nor are the provisions of the labour legislation observed with regard to social security and occupational safety and health. The report further described “the difficulty or impossibility for the indigenous workers to move freely outside the estate or camp and their imprisonment for debt in improvised prisons in the estates”. The report concluded that the situation in the Atalaya region “merits urgent action by the State”.

In 1998, the Committee noted the comments of the World Confederation of Labour (WCL), which also referred to the subjection of the Ashaninka indigenous communities to forced labour under the conditions described above.

In its observation in 2003, after noting the Government’s indications that administrative and penal sanctions had been imposed on those responsible for exacting forced labour, the Committee requested the Government to provide information on the number of complaints lodged, the proceedings under way and copies of judicial rulings imposing sanctions for the exaction of forced labour.

The Committee now notes the document entitled “Forced labour in the extraction of timber in Peruvian Amazonia”, published in 2004 in the context of the ILO special action programme to combat forced labour. In this document, which has been validated by the Government, the various allegations concern the “existence of forced labour, particularly in work related to the unlawful extraction of timber in various regions of the Peruvian Amazon basin. At the present time, the two departments most affected by such forms of labour are Ucayali and Madre de Dios. The number of persons affected is reported to be around 33,000, mainly belonging to various ethnic groups of Peruvian Amazonia.” The document also confirms the practice of the system of “habilitacion/enganche” and describes the situation of workers in areas near to the indigenous communities and in timber camps. In extreme cases, which are less frequent, indigenous workers are captured and forced to work in timber camps, although in most cases they are found in two types of situations.

In the first situation under the system of “habilitacion”, the worker who cuts down timber is separated from the industrial wood producer who finances the activity through a series of intermediaries. The advance (in the form of cash, manufactured products, etc.) is provided to an indigenous community in exchange for a certain quantity of timber to be delivered during the timber extraction period or at the end of the harvest. In many cases, the financial value of the timber is not specified. The process of indebtedness begins with this “enganche”. The workers are deceived, and are told that they are not complying with the terms of the agreement, by undervaluing the quantity or quality of the timber that is felled, so that the community must cover the “debt” either by providing more timber, or by sending workers to a timber camp. In this manner, the “outstanding debt” can be used to maintain the indigenous workers as peons for decades or generations.

In the second situation there is the transfer of workers to a timber camp in a distant region. In general, workers are transferred from Puno, Cuzco or Puerto Maldonaldo. In the camps, the workers incur a series of expenses (subsistence goods, work tools), the prices of which may be 100 to 200 per cent higher than the prices in urban areas, so that they are unable to repay such expenses. If workers opt to escape from the camp before the end of the harvest, the means used to prevent them doing so may include violence. At the end of the harvest, the workers have debts which are higher than their wages and are forced to return the following year or to cover their debt through the provision of more timber.

The document also reports that the financing of timber extraction activities is provided by major international corporations and powerful timber industry groups.

Measures taken by the Government. The Committee notes the Government’s indication in its report that, after examining the document “Forced labour in timber extraction in the Peruvian Amazonia”, it undertook to adopt the necessary measures to eradicate forced labour. The Committee notes the establishment of the National Intersectoral Commission for the Eradication of Forced Labour (Supreme Decision No. 028-2005-TR) to investigate and examine the problem and formulate a plan of action. The Committee notes with interest that a draft National Plan of Action for the Eradication of Forced Labour has been prepared and that its social validation phase, which will end after 90 working days, was approved by Supreme Decision No. 056-2005.

The Committee observes that the grave problems which persist merit energetic and sustained action by the authorities and it hopes that the action taken will make it possible to combat effectively practices through which many workers are subjected to forced labour. The Committee hopes that the Government will provide information on the validation and implementation of the Plan of Action for the Eradication of Forced Labour.

Article 25 of the Convention. Penalties for the exaction of forced labour. The Committee notes that, in reply to its previous observation, the Government indicates that it has not received denunciations concerning the exaction of forced labour. In view of the fact that the existence of such situations has been confirmed, the absence of penalties is indicative of the incapacity of the judicial system to prosecute such practices and penalize those who are guilty. The Committee recalls that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penalties imposed on those found guilty of the exaction of forced labour are really adequate and strictly enforced, and it hopes that the Government will take all the necessary measures to ensure that effect is given to this Article. The Committee trusts that in its next report the Government will be able to provide information on the number of cases of forced labour which have been denounced, the progress made in the investigation of these cases, and particularly the percentage of denunciations which have given rise to prosecutions and the number of convictions obtained.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

1. Prison labour for private enterprises. The Committee previously requested the Government to provide information on the measures adopted or envisaged to guarantee that convicts can give their consent to perform the work for private individuals, and on the conditions of work for private enterprises.

The Committee notes the information provided by the National Prison Institute, transmitted by the Government in its report, to the effect that any work activity in prison has to be carried out with the explicit consent and acceptance of the prisoners, as a specific request is required from the prisoners concerned.

With regard to conditions of work, the Committee requests the Government to provide information on the remuneration received by prisoners when they perform the work for private enterprises.

2. Performance of community service. The Committee notes section 34 of the Penal Code and section 119 of the Code for the Execution of Sentences respecting the penalty of community service. In this respect, the Committee observes that a person sentenced to penalty of community service may be compelled to work for private individuals or associations. It recalls that Article 2, paragraph 2(c), of the Convention explicitly prohibits the hiring or placing at the disposal of private individuals, companies or associations of persons convicted in a court of law. The exception provided for in this provision of the Convention does not extend to work performed for private entities, even where such entities are non-profit-making. Nevertheless, sentences of work for such entities may be imposed if the convicted person so requests or freely gives her or his consent.

The Committee notes that Act No. 27030 established the Register of Receiving Entities for the performance of community service and that inclusion in the Register takes place at the request of the entities concerned. The Register has to contain information indicating the activities carried out by such entities and the kind of work to be performed.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that persons who are sentenced to perform community service are not hired to or placed at the disposal of private individuals, companies or associations without giving their consent. The Committee requests the Government to provide the list of private social utility entities ("receiving entities") referred to in section 34 of the Penal Code, section 119 of the Code for the Execution of Sentences and section 4 of Act No. 27030.

CMNT_TITLE

1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Forced labour by indigenous communities. In the observations that it has been making for many years, the Committee has referred to the existence of forced labour practices (slavery, debt bondage or actual bondage) affecting members of indigenous communities, particularly in the Atalaya region, in sectors such as agriculture, stock-raising and forestry.

The Committee noted in its observation in 1993 the final report of the Multisectoral Committee (established by Decision No. 083-88-PCM, and composed of various bodies of the Ministries of Labour, Justice, Agriculture and the Peruvian Institute on Indigenous Questions), which was supplied by the Government. The report indicated that "the indigenous communities in Atalaya, who are known as ‘captives’, are subject to servitude in large and medium-sized stock-raising and/or timber estates, providing free or semi-free labour under the system of ‘advances’ (‘habilitacion’ or ‘enganche’). This system consists of advances provided by an employer to an indigenous worker in the form of work utensils, meals or money, in order to obtain the wood with which, in theory, he can subsequently repay the initial debt and obtain income. Thus, obliged to repay the original advance, as well as interest on it, the indigenous workers are caught in a vicious circle of exploitation and poverty which becomes their permanent condition." According to the report, 17 estates were denounced and found to be engaging in slavery and servitude. With regard to conditions of work, the report indicated that the indigenous workers "work between 10 and 12 hours every day, which is made worse by the fact that they are not paid the minimum living wage and are certainly not compensated for overtime", nor are the provisions of the labour legislation observed with regard to social security and occupational safety and health. The report further described "the difficulty or impossibility for the indigenous workers to move freely outside the estate or camp and their imprisonment for debt in improvised prisons in the estates". The report concluded that the situation in the Atalaya region "merits urgent action by the State".

In 1998, the Committee noted the comments of the World Confederation of Labour (WCL), which also referred to the subjection of the Ashaninka indigenous communities to forced labour under the conditions described above.

In its observation in 2003, after noting the Government’s indications that administrative and penal sanctions had been imposed on those responsible for exacting forced labour, the Committee requested the Government to provide information on the number of complaints lodged, the proceedings under way and copies of judicial rulings imposing sanctions for the exaction of forced labour.

The Committee now notes the document entitled "Forced labour in the extraction of timber in Peruvian Amazonia", published in 2004 in the context of the ILO special action programme to combat forced labour. In this document, which has been validated by the Government, the various allegations concern the "existence of forced labour, particularly in work related to the unlawful extraction of timber in various regions of the Peruvian Amazon basin. At the present time, the two departments most affected by such forms of labour are Ucayali and Madre de Dios. The number of persons affected is reported to be around 33,000, mainly belonging to various ethnic groups of Peruvian Amazonia." The document also confirms the practice of the system of "habilitacion/enganche" and describes the situation of workers in areas near to the indigenous communities and in timber camps. In extreme cases, which are less frequent, indigenous workers are captured and forced to work in timber camps, although in most cases they are found in two types of situations.

In the first situation under the system of "habilitacion", the worker who cuts down timber is separated from the industrial wood producer who finances the activity through a series of intermediaries. The advance (in the form of cash, manufactured products, etc.) is provided to an indigenous community in exchange for a certain quantity of timber to be delivered during the timber extraction period or at the end of the harvest. In many cases, the financial value of the timber is not specified. The process of indebtedness begins with this "enganche". The workers are deceived, and are told that they are not complying with the terms of the agreement, by undervaluing the quantity or quality of the timber that is felled, so that the community must cover the "debt" either by providing more timber, or by sending workers to a timber camp. In this manner, the "outstanding debt" can be used to maintain the indigenous workers as peons for decades or generations.

In the second situation there is the transfer of workers to a timber camp in a distant region. In general, workers are transferred from Puno, Cuzco or Puerto Maldonaldo. In the camps, the workers incur a series of expenses (subsistence goods, work tools), the prices of which may be 100 to 200 per cent higher than the prices in urban areas, so that they are unable to repay such expenses. If workers opt to escape from the camp before the end of the harvest, the means used to prevent them doing so may include violence. At the end of the harvest, the workers have debts which are higher than their wages and are forced to return the following year or to cover their debt through the provision of more timber.

The document also reports that the financing of timber extraction activities is provided by major international corporations and powerful timber industry groups.

Measures taken by the Government. The Committee notes the Government’s indication in its report that, after examining the document "Forced labour in timber extraction in the Peruvian Amazonia", it undertook to adopt the necessary measures to eradicate forced labour. The Committee notes the establishment of the National Intersectoral Commission for the Eradication of Forced Labour (Supreme Decision No. 028-2005-TR) to investigate and examine the problem and formulate a plan of action. The Committee notes with interest that a draft National Plan of Action for the Eradication of Forced Labour has been prepared and that its social validation phase, which will end after 90 working days, was approved by Supreme Decision No. 056-2005.

The Committee observes that the grave problems which persist merit energetic and sustained action by the authorities and it hopes that the action taken will make it possible to combat effectively practices through which many workers are subjected to forced labour. The Committee hopes that the Government will provide information on the validation and implementation of the Plan of Action for the Eradication of Forced Labour.

Article 25 of the Convention. Penalties for the exaction of forced labour. The Committee notes that, in reply to its previous observation, the Government indicates that it has not received denunciations concerning the exaction of forced labour. In view of the fact that the existence of such situations has been confirmed, the absence of penalties is indicative of the incapacity of the judicial system to prosecute such practices and penalize those who are guilty. The Committee recalls that, in accordance with Article 25 of the Convention, the Government is under the obligation to ensure that the penalties imposed on those found guilty of the exaction of forced labour are really adequate and strictly enforced, and it hopes that the Government will take all the necessary measures to ensure that effect is given to this Article. The Committee trusts that in its next report the Government will be able to provide information on the number of cases of forced labour which have been denounced, the progress made in the investigation of these cases, and particularly the percentage of denunciations which have given rise to prosecutions and the number of convictions obtained.

2. Forced labour by young persons in the gold mines and washeries of Madre de Dios. In its previous comments, the Committee noted the action taken by the Government to eradicate the process of the migration of the rural population in the departments of Cuzco and Puno to the department of Madre de Dios, in the context of which the phenomenon had been observed of young workers engaged in mining centres under conditions of forced labour. The Committee requested the Government to provide information on any other measure adopted with a view to the complete eradication of forced labour by young persons in this area.

The Committee notes the Government’s indication in its report that the Directorate of Labour and Employment Promotion of Madre de Dios has decided to implement campaigns to identify the work performed by young persons in the various informal gold-producing areas located along the rivers Inambari and Madre de Dios. It also indicates that it is planning various operations on the rivers Tambopata and Malinoski.

With regard to forced labour by young persons, the Committee notes that Peru has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and has provided its first report on the application of this Convention. As Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that issues relating to the forced labour of children can be examined more specifically in relation to Convention No. 182. The protection of children is being intensified by the fact that Convention No. 182 requires States which have ratified it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to refer to the comments that it is making on the application of Convention No. 182.

CMNT_TITLE

The Committee notes section 4 of the Military Service Act (No. 27178), establishing that the purpose of military service is the training of Peruvian nationals of military age for their efficient participation in national defence and national development.

The Committee recalls that, under the terms of the Convention, only work of a purely military character lies outside the scope of application of the Convention and it requests the Government to provide information on the work carried out by persons performing compulsory military service.

CMNT_TITLE

1. With reference to its previous comments concerning compulsory prison labour by convicted prisoners, the Committee notes with satisfaction the amendment of section 65 of the Code for the Execution of Sentences (Act No. 27187) establishing the voluntary nature of work performed by convicted prisoners.

2. With reference to its previous comments on the existence of forced labour practices affecting members of indigenous peoples, particularly in the Atalaya and Ucayali regions, the Committee notes the information provided by the Government according to which the joint action taken by the Ministry of Labour, the national police, the Ministry of Agriculture, the judiciary and the Attorney-General’s Office, as well as the joint action by the Indian Organization of the Atalaya Region (ORIA) with the labour and social promotion zone of Atalaya, has resulted in the elimination of the enganche system and as a result there is no forced labour in this area. The Government adds that administrative and penal sanctions have been imposed upon those responsible for exacting forced labour and that an updated analysis of the labour situation in the region will be provided. The Committee hopes that the Government will provide information on the number of complaints lodged, the proceedings that are under way and copies of judicial rulings imposing sanctions for the exaction of forced labour.

3. In its previous comments, the Committee noted the action taken by the Government to eradicate the process of the migration of the rural population in the departments of Cuzco and Puno towards the department of Madre de Dios, where the phenomenon had been reported of young persons working in mining centres under conditions of forced labour. The Committee notes the Government’s indication in its report that the mechanization of the extraction process and the strengthening of the inspection system have contributed to the reduction of work by young persons in these areas.

The Committee requests the Government to provide information on any other measure that is taken with a view to the complete eradication of forced labour by young persons in this area.

4. The Committee notes the information provided by the Government on productive work by detainees. Nevertheless, the report does not contain information on the measures that have been adopted or are envisaged to ensure that detainees can give their consent when the work that they perform is for private individuals. The Committee hopes that the Government will provide information on this matter in its next report, as well as on the working conditions of detainees who work for private enterprises, including remuneration, social security, etc.

CMNT_TITLE

The Committee takes note of the report sent by the Government in November 1996 and its current report. The Committee recalls that the case in question was discussed by the Conference Committee on the Application of Standards in 1993, when it noted a number of grave violations of the Convention and decided to resume its discussions at a later date. In this regard, the Committee takes note of the comments made by the World Confederation of Labour (WCL) in October 1997 and the Government's reply in November 1998.

1. The Committee notes that the comments made by the WCL relate to forced labour practices (slavery, debt bondage or actual bondage) affecting indigenous peoples especially in the Atalaya and Ucayali regions. According to the WCL, the communities most affected by these practices are the Ashaninka communities living in the Alto Ucayali between Atalaya and Bolognesi. The forms of forced labour to which they are subjected are centred on agriculture, cattle raising and logging. The most common form of forced labour affecting the Ashaninkas is debt bondage through a system known as "enganche o habilitación" by which indigenous workers are provided with means of subsistence and work, creating a debt which the worker has to pay off by producing goods or services. The debts may be short-term and subject to a contract, or permanent, forcing workers to live within the confines of the hacienda, forming a kind of feudal area in which a number of indebted workers work and live without having the means to pay off their debts.

2. The Committee notes that the Government's reply does not contain any details concerning the WCL's comments which, according to the Government, relate to incidents in the Atalaya region which have since been remedied. In this regard, the Committee urges the Government to provided detailed information on the allegations that have been presented, in particular concerning the practice of "enganche o habilitación" which has been the subject of comment for a number of years. The Committee requests the Government to supply information on the measures that it intends to take to remedy the practices of forced labour prohibited by the Convention, in particular debt bondage, which mostly affects the Ashaninka communities of Atalaya and Ucayali.

3. In its previous observation concerning the indigenous communities of Atalaya, the Committee asked the Government to take the necessary measures to eradicate the various practices equivalent to forced labour within the meaning of Article 1, paragraphs 1 and 2, of the Convention, in particular debt bondage, certain forms of deceitful or violent recruitment of labour, subhuman conditions of work and the exploitation of children in the indigenous communities of Atalaya. According to the Government's report of 1996, the Atalaya Labour and Social Promotion Zone was established by Supreme Resolution No. 056-94-TR of September 1994. The Committee requests the Government to provide information on the number of cases brought before the Permanent Labour Authority of the Zone concerning practices of forced labour involving minors and other persons, including members of the indigenous or native communities, and the sanctions imposed on offenders in accordance with Article 25.

4. In its previous report, the Government indicated that the General Directorate of Labour and Social Promotion of Ucayali had started a joint inspection programme coordinated between the judicial authority, police, Public Ministry, Ministry of Agriculture and Prefecture. These inspections in the Atalaya region revealed that the region has over 100 cattle ranches and lumber plantations employing 1,430 workers out of a total of 28,800 workers in the area. The inspections also showed that most of the indigenous population settled along the banks of the Ucayali and Urubamba rivers are employed in logging in inaccessible areas, working for employers ("madereros") who pay for their services with food and clothing. Other irregularities were found with regard to working hours, which increased considerably during the harvest season, and with regard to weekly rest and holidays. The Committee also notes that the Government states that it is applying appropriate sanctions for these infractions and monitoring has been made easier by the presence in the area of the labour authorities. While noting the difficulties posed by the payment of wages in kind in cases of forced labour as defined in the Convention, the Committee requests the Government to provide information on the sanctions imposed and the number of infractions reported in this area, in accordance with Article 25.

5. The Committee previously noted the comments presented by the National Federation of Miners, Metal Workers and Iron and Steel Workers of Peru (FNTMMSP), concerning dishonest hiring practices known as "enganche" on the part of individuals, for the most part in Puno and Cuzco, who recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (hence the term "noventeros" for these workers) after which the employers are supposed to cover the costs of workers' return journeys; they generally fail to do so, with the result that the workers are unable to return to their place of origin. It was also alleged that wages were too low, working hours too long and medical care non-existent, despite the high risk of contacting diseases such as malaria, tuberculosis, rabies and uta; and that work in inhuman conditions was being done by large numbers of minors, according to the report "Minors working in the Madre de Dios washeries" drawn up by the Coordinating Committee of the Rights of the Child, Inka region. In this regard the Committee notes with interest the information provided by the Government in 1996 on the progress in court proceedings against a group of contractors for violation of personal liberty in the methods used in the coercion and trafficking of minors and violation of freedom of labour. Recalling Article 25, the Committee once again asks the Government to provide a copy of the directive drawn up in December 1993 to establish rules regulating the movement of workers to the gold washeries, agricultural plantations, livestock ranches and the like in the areas of Madre de Dios, Kosñipata, Lares and other towns in the area, and to inform the Office of the practical results of applying this directive.

6. The Committee observes that, although certain measures have been taken to eradicate the situations referred to above from the indigenous communities of Atalaya and the gold mines and washeries of Madre de Dios, there are, nonetheless, problems which still call for energetic and sustained action on the part of the authorities. The Committee trusts once again that the Government will take the necessary measures to end the practices whereby many workers, including minors, are subjected to forced labour within the meaning of the Convention.

7. In a direct request in relation to Article 2, paragraph 2(c), concerning compulsory prison labour as a consequence of a conviction in a court of law, the Committee asked the Government to supply information on the measures taken or envisaged to ensure the voluntary nature of work done by prisoners, given that, according to section 65 of the Code for the Execution of Sentences, work is a right and a duty of the prisoner, and that the second chapter on labour does not specify the voluntary character of work done by convicted prisoners. The Committee notes that the Government states in its report that the Constitution expressly states that no one is obliged to work without pay or without his or her freely given consent. Similarly, the Government indicates that the reduction of sentences through work and education, which is provided for in section 65 of the Code for the Execution of Sentences, is a preparatory measure aimed at encouraging prisoners' interest in work and education. Section 67 of the same Code provides that work in prisons must be paid and must facilitate the rehabilitation of the prisoners.

8. The Committee recalls that under the Convention, work may only be exacted from prisoners as a consequence of a conviction in a court of law, which does not prevent persons detained while awaiting trial or sentencing from working on a purely voluntary basis, should they decide to do so. The Committee hopes that the Government will take the necessary measures to establish the voluntary nature of work done by prisoners and that it will supply information in this regard in its next report.

9. As regards section 131(c) of the Regulations under the Code for the Execution of Sentences, under which work for prisoners may be provided by private individuals through the prison administration, the Committee previously noted that the Government was examining the adoption of the necessary measures to give full effect to the Convention and to establish, in express terms in the relevant legal provisions, the need for the consent of the prisoners to do work for private individuals. The Committee requests the Government to provide information on this point.

[The Government is asked to supply full particulars to the Conference at its 87th Session.]

CMNT_TITLE

1. Compulsory prison labour as a consequence of a conviction. In its previous direct request the Committee asked the Government to inform it of the measures taken or envisaged to establish the optional nature of prison labour for prisoners who have been brought to trial, since under section 65 of the Code of Penal Procedure work is a right and a duty of prisoners and the provision of Chapter 2 respecting labour establishes the optional nature of prison labour for prisoners who been brought to trial.

The Committee notes the information contained in the Government's report to the effect that working conditions in prisons will, to the extent possible, be similar to those of work performed in freedom. The Committee recalls that under the Convention work may only be exacted from prisoners as a consequence of a conviction, which does not prevent detained persons awaiting trial or sentence from working, should they so wish, on a purely voluntary basis. It hopes that the Government will take the necessary measures to establish the optiional nature of prison labour for prisoners who have been brought to trial and that it will provide information on the matter in its next report.

2. With regard to section 131(c) of the Regulations of the Code of Peal Procedure under which work may be assigned to prisoners by individuals through the prison administration, the Committee notes that the Government is examining the adoption of the necessary measures to give full effect to the Convention and to establish expressly the relevant provisions of the law that prisoners must give their consent to work for individuals. The Committee hopes that these measures will be taken shortly to ensure that the Convention is observed on this point and asks the Government to provide information on the matter.

3. The Committee notes the information and the inspection report supplied by the Government concerning work by children in chestnut-peeling enterprises in Puerto Maldonado.

The Committee notes that the Government's report contains no information on the following points which it raised in its previous direct request:

4. In earlier comments the Committee asked for information on work carried out by persons performing compulsory military service.

The Committee noted the information supplied by the Government to the effect that, in pursuance of sections 53 of the Compulsory Military Service Act, section 5(b) of Legislative Decree No. 434 (the Ministry of Defence Act) and 280 of the Political Constitution of the State, the personnel of the Armed Forces, which include conscripts, participate in the following National Development Programmes: the National Highways Plan; Rural Settlements; Support for Regional Development and Civic and Military Action. Persons performing compulsory military service participate in the above activities as auxiliaries to technical staff and as unskilled workers.

The Committee recalls that under the Convention only work of a purely military nature is outside the scope of the instrument and asks the Government to once again take the necessary measures to ensure that conscripts can only be called upon to perform work or services of a purely military nature, in conformity with Article 2, paragraph 2(a), of the Convention except in the case of force majeure.

5. Freedom of persons in the service of the State to leave their employment. The Committee asks the Government to provide a copy of the rules governing the situation of career members of the armed forces in respect of their freedom to leave their employment during peace time at their own initiative within a reasonable period, either at specified intervals or with previous notice.

The Committee noted the information supplied by the Government to the effect that officers of the Peruvian Army, Navy and Air Force can obtain discharge upon application under sections 33(d) and 41(f) of Legislative Decree No. 20765 of 22 October 1974, subject to the time-limits set out in sections 28, 29, 38 and 41 of the same Decree.

Technical staff, non-commissioned officers and officers of the Navy may apply for discharge under the provisions of Presidential Decree No. 003-82-CCFA of 22 April 1982 subject to the time-limits laid down in sections 30, 31, 40 and 41 of the same Decree.

The Committee asks the Government to provide a copy of Legislative Decree No. 20765 of 22 october 1974 (Act respecting the military status of Officers of the Peruvian Army, Navy and Air Force) and Presidential Decree No. 003-82-CCFA of 22 April 1982 (Act respecting the military status of technical personnel, naval non-commissioned officers and officers of the Peruvian Armed Forces).

CMNT_TITLE

The Committee notes the detailed information supplied by the Government and the discussion that took place at the Conference Committee in 1993 on the problems concerning the observance of the Convention encountered by the indigenous communities in Atalaya and the workers in the Madre de Dios gold mines and washeries.

1. Indigenous communities in Atalaya.

In its previous observation the Committee asked the Government to take the necessary measures to eradicate the practices of debt bondage, deceitful or violent recruitment of labour, subhuman conditions of work and the exploitation of children in conditions of forced labour in the indigenous communities of Atalaya, all of which were confirmed by the report of the Multisectoral Committee on the Situation of Indigenous Communities in Atalaya (set up by resolution 083-88-PCM).

The Committee noted the recommendations made in the above-mentioned report, which include the creation of a "regional work area of Atalaya" as an institution to be responsible for activities to prevent labour disputes, to protect the right of workers in that area and particularly in indigenous or native communities. The need to set up such an institution as a dependency of the Ministry of Labour in that area was already referred to in the Report of the Special Inspection Visit to the Atalaya Area (1988) which was communicated by the Government. The Committee also notes that, in communications sent to the Ministry of Labour in 1993, by the Atalaya Regional Indigenous Organization (OIRA) and the Front for the Defence of the Interests of the Province of Atalaya, reference is made to the importance of setting up an office of the Ministry of Labour in this area to combat the injustice and exploitation to which the native communities are subjected, and an appeal was made for the prompt establishment of that office since the communities in question do not have access to the Regional Labour Directorate to defend their rights since travel is difficult and costly. Similarly, the minutes of a meeting attended by the Atalaya state authorities and various personalities and representatives of indigenous organizations state the need to set up the "area of labour and social promotion of Atalaya" and express the hope that this necessity has come to the knowledge of the higher authorities which are able to issue the necessary legislation so that it does not remain a mere project.

The Committee notes from the report sent by the Government in November 1993 that the regional work area of Atalaya has still not been established.

In its report the Government indicates that the General Directorate of Labour and Social Promotion of Ucayali organized a joint inspection operation in cooperation with the judiciary, the police, the department of the Public Prosector, the Ministry of Agriculture and the Prefecture. The Committee requests the Government to provide copies of inspection reports, especially particulars of the number and nature of infringements recorded and the penalties imposed.

With regard to the indigenous communities in Atalaya the Committee observes that, although some action has been taken, neither the measures recommended by the Multisectoral Committee nor those put forward in 1988 in the Report of the Special Inspection Visit which, in addition to the establishment of the regional labour area, include the establishment of a mixed court, the opening up of provincial inspection, the creation of the Council for Social Promotion and the opening of roads, have been implemented.

2. Workers in the Madre de Dios gold mines and washeries.

The Committee had requested the Government to provide the report of the Multisectoral Committee established by Ministerial Resolution No. 275-90 DCM of 26 June 1990 to investigate the situation of workers in the Madre de Dios gold washeries. With regard to these workers, the Committee noted the allegations made by the National Federation of Miners, Metal Workers and Iron and Steel Workers of Peru (FNTMMSP) concerning dishonest hiring practices known as "enganche" on the part of individuals, for the most part in Puno and Cuzco, who recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (hence the term "noventeros" (90-day workers) for these workers) after which the employers are supposed to cover the costs of workers' return journeys: but generally fail to do so with the result that the workers are unable to return to their place of origin. The FNTMMSP also alleges that, as regards working conditions, wages are too low, working hours too long and medical care non-existent, despite the high risk of contracting diseases such as malaria, tuberculosis, rabies and uta (a skin disease).

The Committee notes the information contained in the report "Minors working in the Madre de Dios washeries" drawn up by the coordinating committee of the rights of the child, Inca region, which was submitted to the Conference Committee in June 1993 by a Worker member, concerning the subhuman working conditions of many minors working in the washeries. According to this report, it was revealed in the national news that there were common graves in certain of the areas where the gold washeries are located and many of the corpses found were of children, adolescents and young people who had died of diseases and work accidents (rabies, tetanus, various infections, falls) and contusions inflicted by the mine bosses themselves as part of their abusive treatment and practices of slavery. The report also mentions that the children may have been killed while attempting to escape or because they protested about their working conditions.

The Committee notes with interest the Government's indication that, as a result of the operation carried out on 1 October 1993 in the area known as Boca Colorado (Madre de Dios) by the Ministry of Labour with the participation of representatives of the judiciary, seven young people were rescued who were being exploited as slaves in one of the washeries, and that in official communication No. 016-93-RR.PP of 4 October 1993 the Ministry of Labour and Social Welfare determined that the Public Prosecutor should bring criminal action against those found to be responsible for having forced minors to work in such conditions and that the work centres that have operated unlawfully should be closed down. The testimony of the young people who were freed confirmed that dishonest means of recruitment are used by "enganchadores" who then "sell" the young people to the owners of the washeries and that the workers are overseen and supervised by armed men.

The Committee notes the various measures that have been taken regarding the situation of these workers: clandestine recruitment agencies have been closed down and fined; campaigns have been organized to inform workers so that they are not deceived by "enganchadores"; and the regional area for labour and social welfare of Huaypetue has been set up so that workers in the Huaypetue and Colorado areas can now have recourse to this jurisdiction rather than having to travel by river for two or three days to Madre de Dios.

The Committee also notes the Government's indication that it has been decided to frame a directive on the requirements for bringing in workers to the Madre de Dios area and on the prohibitions for the work of minors, the text of which is to be distributed to all officers of the national police. The Committee requests the Government to provide a copy of that directive.

The Committee observes that, although certain measures have been taken to eradicate the situations referred to above from the indigenous communities of Atalaya and the gold mines and washeries of Madre de Dios, there are, none the less, problems which still call for energetic and sustained action on the part of the authorities. The Committee trusts that the Government will take the necessary measures to end the practices whereby many workers, including minors, are subjected to forced labour. In this connection, it appears particularly necessary to give effect to Article 25 of the Convention under which the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee requests the Government to report on the progress and outcome of the action brought by the Public Prosecutor in the cases of forced labour noted in the Boca Colorado area (Madre de Dios).

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In earlier comments, the Committee asked for information on work carried out by persons performing compulsory military service.

The Committee noted the information supplied by the Government to the effect that, in pursuance of section 53 of the Compulsory Military Service Act, section 5(b) of Legislative Decree No. 434 (the Ministry of Defence Act) and section 280 of the Political Constitution of the State, the personnel of the Armed Forces, which includes conscripts, participate in the following National Development Programmes: the National highways plan; Rural settlements; Support for regional development and Civic and military action. Persons performing compulsory military service participate in the above activities as auxiliaries to technical staff and as unskilled workers.

The Committee recalls that under the Convention only work of a purely military nature is outside the scope of the instrument and asks the Government to take the necessary measures to ensure that conscripts can only be called upon to perform work or services of a purely military nature, in conformity with Article 2, paragraph 2(a), of the Convention except in the case of force majeure.

2. Freedom of persons in the service of the State to leave their employment. In its previous direct request, the Committee asked the Government to supply a copy of the rules governing the situation of career members of the armed forces in respect of their freedom to leave their employment during peacetime at their own initiative within a reasonable period, either at specified intervals or with previous notice.

The Committee noted the information supplied by the Government to the effect that officers of the Peruvian Army, Navy and Air Force can obtain discharge upon application under sections 33(d) and 41(f) of Legislative Decree No. 20765 of 22 October 1974, subject to the time limits set forth in sections 28, 29, 38 and 41 of the same Decree.

Technical staff, non-commissioned officers and naval officials may apply for discharge under the provisions of Presidential Decree No. 003-82-CCFA of 22 April 1982, subject to the time limits laid down in sections 30, 31, 40 and 41 of the same Decree.

The Committee requests the Government to provide a copy of Legislative Decree No. 20765 of 22 October 1974 (Act respecting the military status of officers of the Peruvian Army, Navy, and Air Force) and Presidential Decree No. 003-82-CCFA of 22 April 1982 (Act respecting the military status of technical personnel, non-commissioned officers and naval officials of the Peruvian Armed Forces).

3. In previous comments, the Committee noted section 131(c) of the Regulations of the Code of Penal Procedure (Presidential Decree No. 012-85 of 12 June 1985) under which work may be supplied to prisoners by individuals through the prison administration.

The Committee noted that the Government referred to the guarantees relating to wages and social security provided for in the Regulations issued under the Code of Penal Procedure.

The Committee noted, however, that the above Regulations do not provide for the explicit consent of prisoners for the acceptance of employment in cases in which work is provided by individuals.

With regard to wages, the Regulations lay down in section 126 the form in which they shall be distributed, but make no reference to how the wages to be received by prisoners when they are employed by individuals are to be determined.

The Committee noted that, according to the information supplied by the Government, prisoners seek and obtain work contracts with individuals or private enterprises either directly or through their relatives, in order to obtain "partial release" and that care is taken to ensure that they receive the legal minimum wage.

The Committee recalls that, as it indicated in paragraphs 97-99 of its General Survey of 1979 on the abolition of forced labour, the employment of prisoners by private individuals or enterprises is only compatible with the Convention under conditions of a free employment relationship, namely, one based on the explicit consent of the persons concerned and subject to the corresponding guarantees regarding wages and social security.

The Committee requests the Government to provide information on any measures taken to ensure that prisoners employed by individuals or private enterprises are able to give their consent, and on the methods of determining the wages paid by these enterprises or private individuals to prison labourers.

The Committee also asks the Government to provide a copy of work contracts between prisoners and private employers that have been approved by the prison administration.

4. Compulsory prison labour as a consequence of a conviction. The Committee referred in previous comments to the discrepancy between section 132 of the Penal Code (former version) which provided for the compulsory labour of convicted persons and detainees, and the Code on Penal Procedure of 1985 (Legislative Decree No. 330) which established the optional nature of prison labour for prisoners who have been brought to trial (section 75).

The Committee noted that the provision of section 132 mentioned above is not contained in the new Penal Code (Legislative Decree No. 635 of 25 April 1991).

The Committee also notes the promulgation of the Code of Penal Procedure (Legislative Decree No. 654 of 31 July 1991 which repeals Legislative Decree No. 330 of 1985). Under section 65 of the new Code of Penal Procedure, "work is a right and a duty of prisoners ...". However, no provision in Chapter 2 concerning work specifies the optional nature of prison labour for prisoners who have been brought to trial.

The Committee recalls that under the Convention work may only be exacted from prisoners as a consequence of a conviction, which does not prevent persons in custody who are awaiting trial or sentence from working, if they so wish, on a purely voluntary basis.

The Committee asks the Government to provide information on the measures taken or under consideration to establish the optional nature of prison labour for prisoners who have been brought to trial.

CMNT_TITLE

The Committee notes the oral and written information provided by the Government representative to the Conference Committee in 1992 concerning the allegations made by the National Federation of Miners, Metalworkers and Iron and Steel Workers of Peru (FNTMMSP) concerning the situation of mine workers and workers in the Madre de Dios gold-mines and washeries, and the unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado. The information also referred to the situation of the indigenous communities in Atalaya, which had been raised by the Committee in previous comments.

I. Indigenous communities in Atalaya

The Committee notes the final report of the Multisectoral Committee (set up by Resolution No. 083-88-PCM, and made up of various bodies of the Ministries of Labour, Justice, Agriculture and the Peruvian Indian Institute) on the situation of the indigenous communities of Atalaya, which was supplied by the Government. This report establishes that "the indigenous communities in Atalaya, who are known as "captives", are subject to servitude in large and medium-sized stock-raising and/or timber estates, providing free or semi-free labour under the system of "advances" ("habilitacion" or "enganche"). This system consists of advances given by an employer to an Indian worker in the form of work utensils, meals or money, in order to obtain the wood with which, in theory, he can subsequently repay the initial debt and obtain income for the survival of his family. Obliged to repay the original advance as well as interest on it, the Indians are caught in a vicious circle of exploitation and poverty which becomes their permanent condition. According to the report, 17 estates have been denounced as basing their labour relations on slavery and servitude."

Manner in which labour is obtained

According to the report which was supplied by the Government, in the estates in which inspection visits were undertaken "there exists a population which remains from generation to generation, with their servile condition being passed on from father to son. The violent abduction of children occurs frequently, or they are kidnapped under cover of patronage for their baptism, only to be held for life as servants." Other means of obtaining labour are "advances" ("habilitacion" or "enganche"), described above. The report adds that, "by being violently subjected to conditions of work based on the deprival of their free will, the Indians are submerged in a system of slavery and are deprived of all liberty and their constitutional rights."

With regard to their conditions of work, the report states that the Indian workers "work between 10 and 12 hours every day, which is made worse by the fact that they are not paid the minimum living wage and are certainly not compensated for overtime, in violation of section 44 of the National Constitution. Nor are the provisions of labour legislation observed with regard to rest periods, social security and occupational health and safety." Furthermore, the report also points out "the difficulty or impossibility for the Indians to move freely outside the estate or camp and their imprisonment for debt in improvised prisons in the estates". The report concludes that the situation in the region of Atalaya "merits urgent action by the State".

The Committee notes the recommendations made by the Multisectoral Committee in its report to which the Government representative referred in the discussion in the Conference Committee concerning the tasks to be undertaken by the Ministry of Labour: (1) preventive inspection of estates and settlements which have been the subject of complaints; (2) the creation of the "work zone of Atalaya", where the inspection service must to be adequately implemented; (3) the coordination of Indian organizations for the permanent training of communal authorities and leaders in work issues. Its recommendations also include the application of the sanctions which are required and the extension of the mandate of the Multisectoral Committee.

In his statement to the Conference Committee, the Government representative regretted that it had not been possible to implement the recommendations relating to the creation of a regional work zone and the training of the communal authorities and leaders. He also stated that inspections carried out under the Ministry of Labour had not been able to examine in depth the situation in the estates which had been the subject of complaints due to the lack of collaboration by the local authorities, by employers and as a result of a shortage of resources.

The Committee hopes that the Government will take the necessary measures to eradicate the practices of debt servitude, and deceitful and violent means of obtaining labour, as well as the subhuman conditions of work and the exploitation of children under conditions of forced labour in the indigenous communities of Atalaya.

II. Unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado

The Committee referred previously to the allegations made by the FNTMMSP concerning the situation in the chestnut-peeling enterprises in Puerto Maldonado, according to which hundreds of children work alongside their mothers in these enterprises for up to 12 hours a day and receive no remuneration whatsoever. These enterprises mainly hire mothers, who enlist the assistance of their children in order to fill the number of barrels of chestnuts that are required daily.

In his statement to the Conference Committee, the Government representative indicated that in 1991 there had been a wage increase in chestnut-peeling enterprises as a result of collective bargaining. He also indicated that, although the Peruvian legislation contained provisions to prevent the exploitation of children, child labour was associated with poverty and the need for families to provide for basic survival, and could not be eradicated only through legislation. The Committee notes the reference to section 128 of the Penal Code, which permits sanctions to be imposed upon parents who, seeking a higher income, subject their children to work without a contract. In this context, the Committee requests the Government to supply information on provisions under which it is also possible to punish persons who do not have a family relationship with the children and obtain from them, by indirect means, the performance of unremunerated work.

The Committee requests the Government to supply information on the situation in the chestnut-peeling sector with reference to the employment of women and the use of child labour under the conditions which have been alleged, as well as copies of inspection reports drawn up on the situation and statistical data enabling the scope of the problem to be assessed.

The Committee hopes that the Government will take the necessary measures to prevent children from being indirectly compelled to work, in conditions of exploitation which bear no resemblance to a free employment relationship, and to report on progress achieved in this respect.

III. Workers in the Madre de Dios gold-mines and washeries

The Committee noted the allegations made by the FNTMMSP concerning in particular the dishonest hiring practices known as "enganche" on the part of individuals or agencies, for the most part in Puno and Cuzco, which recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (hence the term "noventeros" (90-day workers) for these workers). At the end of the 90-day period, employers are supposed to cover the costs of workers' return journeys, but generally fail to do so with the result that workers are unable to return to their place of origin. The FNTMMSP also alleges that, as regards working conditions, wages are too low, working hours too long and medical care non-existent, despite the high risk of contracting diseases such as malaria, tuberculosis, rabies and uta (a skin disease).

The Committee requested the Government to supply the report of the Multisectoral Committee set up by Ministerial Resolution No. 275-90 PCM of 26 June 1990 to investigate the situation of workers in the Madre de Dios gold washeries, as well as the inspection programmes and the draft rules, which were referred to by the Government, to ensure the protection of the workers concerned.

The Committee notes with interest the information supplied by the Government representative to the Conference Committee concerning the sanctions which have been imposed on certain clandestine employment bureaus and the fact that some have been ordered to close, as well as the action which has been taken by the labour authority of Cuzco to ensure that labour contracts are concluded and approved by those concerned.

The Committee requests the Government to supply the final report of the Multisectoral Committee set up by Ministerial Resolution No. 275-90-PCM of 26 June 1990, as well as the inspection programmes and information on any other measure which has been taken to ensure that the Convention is given effect in practice.

The Committee notes that under section 42 of the National Constitution, "In all labour relations, any condition which impedes the exercise of the constitutional rights of the workers or which does not recognize or diminishes their dignity is prohibited", and that "No one can be obliged to provide personal work without his free consent and without the compensation due to him." Section 2, paragraph 20(b) provides that "slavery, servitude, and traffic in human beings in any form whatsoever are abolished", and section 2, paragraph 20(c) that "there is no debtors' prison".

The Committee notes that, with reference to the various situations referred to above, the Government representative of Peru stated to the Conference Committee that they were illegal, that such practices were prohibited by the Constitution and that sanctions were provided for in the new Penal Code of 1991. He also stated that, although the Ministry of Labour is not present throughout the national territory, periodical inspections are carried out.

The Committee notes that the situations examined above represent important violations of Conventions Nos. 29 and 105. The subjection of the workers in their employment relationship, the fact that it is impossible for them to end the employment relationship, and the very bad conditions of work are all in contravention of the principles of Convention No. 29 and the provisions of the national legislation. Moreover, such situations are not in conformity with the obligation set out in Article 1, Paragraph (b), of Convention No. 105 concerning the abolition of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee trusts that the Government will take the decisive measures which are required by such serious situations in order to ensure that Conventions Nos. 29 and 105 are respected and to eradicate violent or deceitful forms of obtaining labour, the system of debt servitude, the inhuman conditions of work in mines and estates, as well as the means which are used to ensure the continuation of the employment relationship and obtain the forced labour of children. The Committee requests the Government to supply information concerning these measures and the sanctions imposed upon persons who illegally exact forced labour, under the relevant provisions of the national legislation and Article 25 of Convention No. 29.

CMNT_TITLE

1. In earlier comments, the Committee asked for information on work carried out by persons performing compulsory military service.

The Committee notes the information contained in the Government's report to the effect that, in pursuance of section 53 of the Compulsory Military Service Act, section 5(b) of Legislative Decree No. 434 (the Ministry of Defence Act) and section 280 of the Political Constitution of the State, the personnel of the Armed Forces, which includes conscripts, participate in the following National Development Programmes: the National highways plan; Rural settlements; Support for regional development and Civic and military action. Persons performing compulsory military service participate in the above activities as auxiliaries to technical staff and as unskilled workers.

The Committee recalls that under the Convention only work of a purely military nature is outside the scope of the instrument and asks the Government to take the necessary measures to ensure that conscripts can only be called upon to perform work or services of a purely military nature, in conformity with Article 2, paragraph 2(a), of the Convention except in the case of force majeure.

2. Freedom of persons in the service of the State to leave their employment. In its previous direct request, the Committee asked the Government to supply a copy of the rules governing the situation of career members of the armed forces in respect of their freedom to leave their employment during peacetime at their own initiative within a reasonable period, either at specified intervals or with previous notice.

The Committee notes the information supplied by the Government to the effect that officers of the Peruvian Army, Navy and Air Force can obtain discharge upon application under sections 33(d) and 41(f) of Legislative Decree No. 20765 of 22 October 1974, subject to the time limits set forth in sections 28, 29, 38 and 41 of the same Decree.

Technical staff, non-commissioned officers and naval officials may apply for discharge under the provisions of Presidential Decree No. 003-82-CCFA of 22 April 1982, subject to the time limits laid down in sections 30, 31, 40 and 41 of the same Decree.

The Committee requests the Government to provide a copy of Legislative Decree No. 20765 of 22 October 1974 (Act respecting the military status of officers of the Peruvian Army, Navy, and Air Force) and Presidential Decree No. 003-82-CCFA of 22 April 1982 (Act respecting the military status of technical personnel, non-commissioned officers and naval officials of the Peruvian Armed Forces).

3. In previous comments, the Committee noted section 131(c) of the Regulations of the Code of Penal Procedure (Presidential Decree No. 012-85 of 12 June 1985) under which work may be supplied to prisoners by individuals through the prison administration.

The Committee noted that the Government referred to the guarantees relating to wages and social security provided for in the Regulations issued under the Code of Penal Procedure.

The Committee noted, however, that the above Regulations do not provide for the explicit consent of prisoners for the acceptance of employment in cases in which work is provided by individuals.

With regard to wages, the Regulations lay down in section 126 the form in which they shall be distributed, but make no reference to how the wages to be received by prisoners when they are employed by individuals are to be determined.

The Committee notes that, according to the information supplied by the Government in its report, prisoners seek and obtain work contracts with individuals or private enterprises either directly or through their relatives, in order to obtain "partial release" and that care is taken to ensure that they receive the legal minimum wage.

The Committee recalls that, as it indicated in paragraphs 97-99 of its General Survey of 1979 on the abolition of forced labour, the employment of prisoners by private individuals or enterprises is only compatible with the Convention under conditions of a free employment relationship, namely, one based on the explicit consent of the persons concerned and subject to the corresponding guarantees regarding wages and social security.

The Committee requests the Government to provide information on any measures taken to ensure that prisoners employed by individuals or private enterprises are able to give their consent, and on the methods of determining the wages paid by these enterprises or private individuals to prison labourers.

The Committee also asks the Government to provide a copy of work contracts between prisoners and private employers that have been approved by the prison administration.

4. Compulsory prison labour as a consequence of a conviction. The Committee referred in previous comments to the discrepancy between section 132 of the Penal Code (former version) which provided for the compulsory labour of convicted persons and detainees, and the Code on Penal Procedure of 1985 (Legislative Decree No. 330) which established the optional nature of prison labour for prisoners who have been brought to trial (section 75).

The Committee notes that the provision of section 132 mentioned above is not contained in the new Penal Code (Legislative Decree No. 635 of 25 April 1991).

The Committee also notes the promulgation of the Code of Penal Procedure (Legislative Decree No. 654 of 31 July 1991 which repeals Legislative Decree No. 330 of 1985). Under section 65 of the new Code of Penal Procedure, "work is a right and a duty of prisoners ...". However, no provision in Chapter 2 concerning work specifies the optional nature of prison labour for prisoners who have been brought to trial.

The Committee recalls that under the Convention work may only be exacted from prisoners as a consequence of a conviction, which does not prevent persons in custody who are awaiting trial or sentence from working, if they so wish, on a purely voluntary basis.

The Committee asks the Government to provide information on the measures taken or under consideration to establish the optional nature of prison labour for prisoners who have been brought to trial.

CMNT_TITLE

In its previous observation the Committee noted the comments submitted in April 1990 by the National Federation of Miners, Metalworkers and Iron and Steel Workers of Peru (FNTMMSP) in which the above organisation alleged the existence of situations that infringed the Convention. These comments were communicated to the Government in April 1990 so that it could make any comments it deemed appropriate.

1. Workers in the Madre de Dios gold-mines and washeries

The FNTMMSP refers in particular to dishonest hiring practices known as "enganche" on the part of individuals or agencies, for the most part in Puno and Cuzco, that recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (hence the term "noventeros" (90-day workers) for these workers). At the end of the 90-day period, employers are supposed to cover the costs of workers' return journeys, but generally fail to do so with the result that workers are unable to return to their place of origin. The FNTMMSP also indicates that, as regards working conditions, wages are too low, working hours too long and medical care non-existent, despite the high risk of contracting diseases such as malaria, tuberculosis, rabies and uta (a skin disease).

The Committee notes that in the report communicated in May 1991, the Government states that a multisectoral committee was set up by Ministerial Resolution No. 275-90-PCM of 26 June 1990 to investigate the situation of workers employed by licensed enterprises in gold-mines and washeries in Madre de Dios. The Government also states that the rain forest area is difficult to reach and that once the multisectoral committee is on the spot the inspection programmes will be carried out and rules will be prepared to protect workers employed in the washeries.

The Committee asks the Government to supply the report of the multisectoral committee responsible for investigating the situation of workers in the Madre de Dios gold washeries, as well as the inspection programmes and the draft rules, referred to in the report, to ensure the protection of the workers concerned.

The Committee hopes that the Government will also inform it of any other measures taken or envisaged to ensure that practical effect is given to the Convention.

2. Unremunerated work by children in chestnut-peeling enterprises in Puerto Maldonado

The Committee also noted the allegations of the FNTMMSP concerning the situation in the chestnut-peeling enterprises in Puerto Maldonado, according to which hundreds of children work alongside their mothers in these enterprises for up to 12 hours a day and receive no remuneration whatsoever. These enterprises mainly hire mothers, who enlist the assistance of their children in order to fill the number of barrels of chestnuts that are required daily.

The Committee notes that the reports sent in May and November of 1991 contain no information on this matter.

The Committee asks the Government to provide information on the measures taken or envisaged to prevent children from being indirectly compelled to work, in conditions of exploitation which bear no resemblance to a free employment relationship, and to report on progress made in this respect.

3. Indigenous communities in Atalaya

In earlier comments the Committee asked the Government to provide information on the conditions of employment of persons who in practice work under the system known as "enganche" and on all measures taken to secure observance of the Convention in this respect.

In this connection, the Committee noted that, according to the conclusions of the final report of the multisectoral committee (created by Resolution 083-88-PCM) on the situation of the indigenous communities of Atalaya, certain communities are subjected to debt-bondage on large and medium-sized agricultural and/or forestry estates, and constitute an unpaid or only partly-paid workforce, being subject to the mechanisms of the system of "advances" or "enganche". In many cases, this bondage shows characteristics of slavery.

The Committee also took note of the indications concerning "enganche" to the effect that it is a system whereby the indigenous workforce is exploited by means of the so-called "advances" given by the employer to the worker and which may take the form of tools, food or money, so that the worker may fell the wood and, in theory, use it to pay back the initial debt and earn an income to provide for his family. Compelled to pay back the original advance plus interest, the indigenous workers are thus trapped in a vicious circle in which exploitation and poverty are a permanent way of life. The Committee noted allegations of cases illustrating the above situation.

The Committee notes that the Government's reports contain no information on this matter.

The Committee asks the Government to provide a copy of the final report of the multisectoral committee (set up by Resolution No. 083-88-PCM) on the situation of the indigenous communities of Atalaya and to inform it of the measures taken or envisaged to secure observance of the Convention in practice.

The Committee notes that, according to information in its report, the Government has asked the Peruvian Indian Institute for information on the conditions of employment of persons working, in practice, under the system known as "enganche" in rural areas and in the gold washeries in the Madre de Dios province.

The Committee asks the Government to transmit the information compiled by the Peruvian Indian Institute on this subject.

[The Committee asks the Government to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

CMNT_TITLE

The Committee notes the comments submitted in April 1990 by the National Federation of Miners, Metalworkers and Iron and Steelworkers of Peru (FNTMMSP) concerning the application of Convention No. 29, a copy of which was transmitted to the Government in April 1990 so that it could make any comments it deemed appropriate.

In its comments, the above organisation alleges the existence of situations that infringe Convention No. 29, involving gold prospectors and workers in chestnut-peeling enterprises.

The documents appended to the above trade union's comments refer in particular to dishonest hiring practices known as "enganche" on the part of individuals or agencies, for the most part in Puno and Cuzco, that recruit for mining enterprises holding licences from the National Directorate of Mines. The contracts offered are usually for 90 days (which is why these workers are called "noventeros" (90-day workers)). At the end of the 90-day period, employers are supposed to cover the costs of workers' return journeys, but generally fail to do so with the result that workers are unable to return to their place of origin.

The FNTMMSP also indicates that, as regards working conditions, wages are too low, working hours too long and medical care non-existent, despite the high risk of contracting diseases such as malaria, tuberculosis and uta (disease of the skin).

The FNTMMSP also alleges that in the chestnut-peeling enterprises in Puerto Maldonado, hundreds of children work alongside their mothers for up to 12 hours a day and receive no remuneration whatsover. These enterprises mainly hire mothers, who enlist the assistance of their children in order to fill the six barrels of chestnuts that are required daily.

The Committee recalls that for a number of years it has been asking the Government to provide information on the conditions of employment of persons who in practice work under the system known as "enganche" and on all measures taken to secure observance of the Convention in this respect.

In this connection, the Committee notes that, according to the conclusions of the final report of the Multi-Sectoral Committee (established by Resolution No. 083-88-PCM) on the situation of the indigenous communities of Atalaya, certain communities are subjected to debt bondage on large and medium-sized agricultural and/or forestry estates, and constitute an unpaid or only partly paid workforce, being subject to the mechanisms of the system of "advances" or "enganche". In many cases, this bondage shows characteristics of slavery.

The Committee takes note of the indications concerning "enganche", to the effect that it is a system whereby the indigenous workforce is exploited by means of the so-called "advances" given by the employer to the worker and which may take the form of tools, food or money, so that the worker may fell the wood and, in theory, use it to pay back the initial debt and earn an income to provide for his family. Compelled to pay back the original advance plus interest, the indigenous workers are thus trapped in a vicious circle in which exploitation and poverty are a permanent way of life. The Committee has also noted allegations of cases illustrating the above situation.

In the absence of any information from the Government on the questions raised and in view of the information received from the above-mentioned trade union, the Committee hopes that the Government will take the necessary measures to investigate the situations described above and, where necessary, apply appropriate sanctions, in accordance with Article 25 of the Convention. The Committee hopes that the Government will provide detailed information on measures taken.

CMNT_TITLE

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. Article 2, paragraph 2(a), of the Convention. In its previous comments, the Committee requested the Government to supply information on the development work carried out by those performing military service in barracks.

The Committee noted the Act respecting compulsory military service (Legislative Decree 246 of 8 November 1983) and the Regulations issued thereunder (Presidential Decree 072/84) which were supplied by the Government.

The Committee noted that the Government's report for the period ending 30 June 1987 did not contain information on the programmes for the co-operation of the armed forces in the activities undertaken to implement the National Support System for Social Mobilisation, as provided in Legislative Decree 19.352 of 1972, referred to by the Committee in previous comments.

The Committee points out once more that under the Convention only work of a purely military character is outside the scope of the instrument.

The Committee requests the Government to report the development work carried out by those performing compulsory military service.

2. Freedom of persons in the service of the State to leave their employment. In its previous direct request, the Committee requested the Government to supply a copy of the rules governing the situation of career members of the armed forces in respect of their freedom to leave their employment during peacetime at their own initiative within a reasonable period, either at specified intervals or with previous notice.

The Committee noted the information supplied by the Government in its report for the period ending 30 June 1987 to the effect that special conditions of service govern the rights and duties of members of the armed forces, which vary for the police forces, the airforce, the army and the navy.

The Committee again requests the Government to supply the texts governing these conditions of service, in order to be able to ascertain their conformity with the Convention.

The Committee also requests the Government to supply copies of the regulations setting out the conditions under which persons who receive instruction or vocational training on behalf of the State, may request its termination on a temporary or definitive basis.

3. In its previous direct request, the Committee noted that under section 131(c) of the Regulations of the Code on the serving of sentences (Presidential Decree No. 012-85 of 12 June 1985), work may be supplied to prisoners by individuals through the prison administration.

The Committee noted that the Government referred to the guarantees relating to wages and social security provided for in the Regulations issued under the Code on the serving of sentences.

The Committee noted, however, that neither the Regulations, nor the Code on the serving of sentences provide for the explicit consent of prisoners for the acceptance of employment in cases in which work is provided by individuals.

With regard to wages, the Regulations lay down in section 126 the form in which they shall be distributed, without, however, making reference to the way in which the wages to be received by prisoners when they are employed by individuals shall be determined.

The Committee recalled that, as it indicated in paragraphs 97 to 99 of its General Survey of 1979 on the Abolition of Forced Labour, the employment of prisoners by private individuals or enterprises is only compatible with the Convention under conditions of a free employment relationship, namely, one based on the explicit consent of the persons concerned and subject to the corresponding guarantees regarding wages and social security.

The Committee requests the Government to supply information concerning the measures that have been taken in order to ensure that prisoners employed by individuals or private enterprises are able to give their consent, and concerning the methods of determining the wages paid by these enterprises or private individuals to prison labourers.

4. The Committee requested the Government to supply information on the measures that have been taken to amend section 132 of the Penal Code, which provides for the compulsory labour of convicted persons and detainees, in view of the fact that the Code on the serving of sentences of 1985 establishes the optional nature of prison labour for prisoners who have been brought to trial.

The Committee noted that according to the Government's statement in its report for the period ending 30 June 1987, the above has been brought to the knowledge of the Ministry of Justice so that measures can be adopted when a new Penal Code is issued. The Committee again requests the Government to report the progress achieved in this respect.

5. In its previous direct request, the Committee requested the Government to supply information on the legal provisions governing the type of contract known as "enganche", which was referred to in the report submitted to the Working Group on Slavery of the United Nations by the Anti-Slavery Society for the Protection of Human Rights, concerning debt bondage and forced labour in Peru (E/CN.4/Sub.2/AC.2/1984/NGO/1), dated 30 July 1984.

The Committee noted the Government's indication that section 42 of the National Constitution prohibits forced labour and that the Presidential Decree of 7 December 1921 prohibits the engagement of manual workers through the so-called "enganchadores" or intermediaries in agricultural negotiations from the valleys of Chicama and Santa Catalina, provided that they are not representatives of the farms issuing the contracts. The Committee noted that, according to the Government, there are no contracts termed "enganche" in the legislation.

The Committee requests the Government to supply information on the terms and conditions of employment of persons who in practice work under the system known as "enganche" in rural regions and in goldmines in the Department of Madre de Dios, and on any measures taken or contemplated to secure observance of the Convention in this respect.