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The Committee notes the observation of the General Workers Confederation of Peru (CGTP) on 25 August 2009.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee expressed its concern at the situation of children who are forced to work out of personal need, particularly in small-scale mining operations and as domestic workers. It therefore urged the Government to intensify its efforts to improve the situation gradually and asked it to supply detailed information on the measures taken in this regard as part of the implementation of the “National plan for the prevention and elimination of child labour (2005–10)” and the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), and also on the results achieved. Moreover, the Committee asked the Government to send a copy, once it is finalized, of the study on the scale and features of child labour, which, according to ILO–IPEC information, was in the process of being drawn up.

The Committee notes that, according to the information supplied by the Government in its report, various actions have been undertaken as part of the implementation of the “National plan for the prevention and elimination of child labour”, namely: (i) the setting up of the National Committee for the Prevention and Elimination of Child Labour (CPETI), a coordinating body for public and private institutions working on the prevention and elimination of child labour and the worst forms of child labour; (ii) drawing up for this Committee of the list of hazardous types of work, prohibited for young persons, adopted by Supreme Decree No. 007-2006-MIMDES and valid for two years; (iii) promulgation of the Labour Inspection Act 2006, section 6 of which provides that places where children work are places liable to inspection and section 31 of which prescribes that infringements reported in the area of employment relations must be considered extremely serious in cases where they assume special importance because of failure to comply with an obligation or where there are infringements of workers’ rights which enjoy special protection in the national legislation; (iv) formulation and public presentation of the “Plan of action for the elimination of child labour in small-scale mines”, which comprises objectives and principal activities which have been scheduled for five years to combat this worst form of child labour; (v) presentation of a new proposal to amend the Children and Young Persons Code, in order to bring its provisions into line with the ILO Conventions, the Convention on the Rights of the Child and the national legislation. This proposal has been referred to the Review Commission of the Congress of the Republic (whose mandate has been extended until the end of 2009), and also to two representatives of the CPETI forming part of this Commission; (vi) drawing up in March 2009 of the protocol for the prevention and monitoring of child labour by the Inter-Institutional Action Alliance for the prevention and gradual elimination of child labour in the district of Independencia; (vii) inclusion of provisions relating to child labour and the worst forms of child labour in the Penal Code; (viii) approval of the CPETI “Strategic plan for the prevention and elimination of child labour 2008–10”; (ix) setting up of regional committees and formulation of regional plans for the prevention and elimination of child labour; and (x) laying down of a principle by the “Mi vivienda” (“My housing”) fund in Agreement No. 04-15D-2007, according to which the recipients of allowances must undertake not to use child labour in the implementation of housing projects. The Committee also notes the table of statistics and copies of inspection and infringement reports attached by the Government to its report under the Worst Forms of Child Labour Convention, 1999 (No. 182). It observes that these documents refer to inspections undertaken in the catering, sales and clothing sectors in the province of Lima. The Committee requests the Government to continue to supply information on any measures taken to combat child labour as part of the National plan for the prevention and elimination of child labour (2005–10) and the ILO–IPEC regional project on the elimination of child labour in Latin America (2006–10), particularly with regard to the situation of children forced to work out of personal need, particularly in small-scale mining operations and as domestic workers, and also on the impact of such measures in relation to the set objective. The Committee also requests the Government to supply statistics relating to the employment of children and young persons throughout the national territory, including information on the number and nature of reported infringements, the number and financial amount of penalties imposed, and extracts from the reports of the inspection services on inspections carried out outside Lima, particularly in the abovementioned sectors.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee previously noted that, under section 51(2) of the Children and Young Persons Code, permission to work could be granted exceptionally to young persons aged 12 or over, provided that the tasks performed do not endanger their health or development or disrupt or restrict their school attendance and enable them to participate in vocational or guidance training programmes. It also noted that, under the terms of section 56 of the Children and Young Persons Code, young persons between 12 and 14 years of age may not work more than four hours per day or 21 hours per week. The Committee noted that, even though these provisions give effect to the Convention by fixing the minimum age for admission to light work at 12 years and prescribe the number of hours of work per day and per week for these types of activity, they do not determine the types of light work. Moreover, the Committee noted the information sent by the Government to the effect that a proposal for defining the concept of light work, determining these types of work and identifying the legal effects thereof was under examination. The Committee expressed the hope that the proposal for determining types of light work being examined by the Government would be adopted in the near future and would take account of the comments referred to above. However, the Committee noted that a draft Act amending the Children and Young Persons Code amends sections 51 and 56 of the Code currently in force, by no longer permitting the employment of persons over 12 years of age in light work. It again expressed the hope that, when adopting the amendments to the Children and Young Persons Code proposed by the draft Act, the Government would take account of the minimum age of 12 years for admission to light work, which would enable the employment of children in these types of work that are performed in reality to be regulated.

The Committee notes the Government’s indication that there is no regulation of light work, that it is left to the discretion of the administrative authority to authorize paid work for children under 14 and over 12 years of age, and that such permission has hardly ever been given. The Government also indicates that the ministry authorizes paid work for children aged 14 years or over and, for the purpose of granting the authorization, the child and the child’s father are summoned in order to check the age and state of health of the child and also the details of the workplace where the child is due to be employed. The ministry checks that the child’s age is not less than 14 years and that the work to be done by the child is not included in the list of hazardous types of work or in the worst forms of child labour established by Convention No. 182. The labour inspectorate verifies observance of the conditions of work, such as hours of work, payment of wages, registration in the social security system, etc., and, if infringements are detected, it imposes the relevant fine. The Committee recalls that, according to the statistics contained in the 2001 report of the National Institute of Statistics and Information Technology entitled “Overview of the work of children and young persons in Peru”, in reality a considerable number of children below 14 years of age are working. In view of the fact that the Government indicates that there is no regulation of light work but that in reality a considerable number of children under 14 years of age are working, the Committee requests the Government to take the necessary steps to ensure that in practice no child under 14 years of age is given permission to work.

Article 2, paragraph 3. Compulsory schooling. In its previous comments the Committee noted that, according to the statistical data contained in the 2001 study entitled “Overview of the work of children and young persons in Peru”, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. It also noted that, according to 2005 figures from the UNESCO Institute for Statistics, 97 per cent of girls and 96 per cent of boys attend primary school while 70 per cent of girls and boys attend secondary school. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Peru in March 2006 (CRC/C/PER/CO/3, paragraph 60), noted with satisfaction the active role of school councils and also programmes developed by the Government, especially in the area of pre-primary education. The CRC also welcomed the increase in the completion rate for primary education in Peru. However, it was still concerned at: (i) the lack of regular school attendance at both primary and secondary level, the very high drop-out and repetition rates, and the fact that nearly one in four adolescents (12–17 years of age) has left school, inter alia because of lack of schools; and (ii) the even higher absenteeism and early drop‑out of girls because of traditional views on their place in society and also owing to early pregnancies. The Committee further noted that, according to information contained in the “National plan for the prevention and elimination of child labour (2005–10)”, apart from regular basic education, the Government has established an alternative form of basic education in the form of literacy programmes in more than 26 training centres. Moreover, each of the plan’s five action strategies provides for the adoption of measures to strengthen education. The Committee encouraged the Government to improve the functioning of the education system in the country. It also asked the Government to step up its efforts to combat child labour by reinforcing measures to enable working children and young persons to enter the education system, whether on a formal or informal basis, or engage in vocational training, on condition that minimum age criteria are respected.

The Committee notes that, according to the information sent by the Government, the “Street teachers” programme launched by the Ministry of Women’s Affairs and Social Development caters for working children to enable them to continue with their schooling. In addition, schoolteachers have constant access to information on the problem of child labour, the risks involved and the alternatives to child labour, and also to a support tool for informing young people about child labour and efforts to combat the worst forms of child labour through the SCREAM programme, which is an educational programme for the defence of children’s rights by means of education, the arts and the media. In addition, the PROJOVEN youth training programme has held 11 free training courses for young persons, enabling them to learn an occupation in order to improve their opportunities of employment and increase their income. These courses promote the development of competencies, aptitudes and skills of young persons in order to improve their performance. The young people are provided with courses in areas including carpentry, information technology, administration and trade, car maintenance, hotels and tourism, textiles and clothing, beauty treatment, agriculture, construction, a total of 1,419 young persons in 12 regions having been trained in 2008. The Committee requests the Government to supply information on any other steps taken to extend the coverage of the school system and strengthen its functioning. It also requests the Government to supply information in its next report on the impact of the abovementioned measures and on school attendance at both primary and secondary level, drop-out and repetition rates, and the early drop-out of girls from school.

Article 3, paragraph 2. Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted with interest the adoption of Supreme Decree No. 007-2006-MIMDES, which approves a detailed list of types of work and employment which are hazardous or harmful to the physical or psychological well-being of young persons (persons between 12 and 18 years of age) and which are prohibited for them. The Committee notes that, according to section 2 of Supreme Decree No. 007-2006-MIMDES, the list is valid for two years from the date of entry into force of the Decree. Noting that Supreme Decree No. 007-2006-MIMDES came into force in July 2006 and the period of validity of the list has therefore already expired, the Committee requests the Government to indicate whether a new list of the types of work and activity which are hazardous or harmful to the physical or psychological well‑being of young persons and are therefore prohibited has already been drawn up in consultation with workers’ and employers’ organizations, in accordance with section 58 of the Children and Young Persons Code. If so, the Committee requests the Government to send a copy of any relevant legislative text or draft text.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee previously noted that, under paragraph A.5 of Supreme Decree No. 007-2006-MIMDES, night work between 7 p.m. and 7 a.m. is considered by its nature to be hazardous work and is prohibited. However, it noted that, under section 57 of the Children and Young Persons Code of 2001, night work (work done between 7 p.m. and 7 a.m.) performed by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per night. The Committee noted the Government’s statement that the Congress of the Republic was examining draft Act No. 064-2006-CR amending the Children and Young Persons Code. One of the proposals of the draft Act is to amend section 57 of the Code to the effect that exceptions to the prohibition on night work laid down by this provision may be authorized by a magistrate or otherwise by the competent authority in respect of young persons from the age of 16 years onwards, and no longer 15 years, on condition that such work does not exceed four hours per night during the period between 7 p.m. and 7 a.m. the Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work for young persons as from the age of 16 years on condition that: (1) their health, safety and morals are fully protected; and (2) they have received adequate specific instruction or vocational training in the relevant branch of activity. It therefore expressed the hope that, as part of the examination of draft Act No. 064-2006-CR, the Government would take account of the comments made above and asked it to supply information on the measures taken or contemplated to ensure that permission to employ young persons as from the age of 16 years in work considered to be hazardous – in this case, night work – would only be granted under the conditions laid down by Article 3(3) of the Convention.

The Committee notes the Government’s indication that draft Act No. 064‑2006-CR amending the Children and Young Persons Code is before the Commission for Justice and Human Rights and the Commission for Women’s Affairs and Social Development for revision. The Committee expresses the firm hope that the Government will ensure that measures are taken to ensure that any exceptional authorization of employment or work for young persons as from the age of 16 years by the national legislation or the competent authority, following consultation of the employers’ and workers’ organizations concerned, is only granted under the conditions laid down by this provision of the Convention. The Committee requests the Government to send a copy of any legislative text relating to this area, once it has been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s information to the effect that regulations adopted under Act No. 28131 of 18 October 2003 on performing artists state that the employment of minors in artistic activities may only be undertaken under the following conditions: the activity must not jeopardize the health or development of the minor, hamper his or her educational development or adversely affect his or her morals. The Government added that the labour administration may prohibit work by a minor in cases where the conditions described above cannot be verified. Noting the Government’s indication that information on this point will be communicated in due course, the Committee again requested the Government to send a copy of the regulations adopted under Act No. 28131 of 18 October 2003 on performing artists and indicate whether these regulations provide for the competent authority to give its authorization in each individual case.

The Committee notes Supreme Decree No. 058-2004-PCM issuing implementing regulations for Act No. 28131 on performing artists, which is attached to the Government’s report. It notes that, according to section 21 of these regulations, the employment of minors in artistic activities must not be harmful to his or her health or development, must not hamper his or her education and must not adversely affect his or her morals. The same section authorizes the labour administration to prohibit young persons from working in cases where the abovementioned conditions are not fulfilled. With regard to minors working on a self-employed basis, it is the district municipalities (which are also responsible for granting permits to children for the purposes of self-employment, in accordance with the Children and Young Persons Code) which have the power to prohibit work done by a minor where the abovementioned conditions are not fulfilled, in accordance with the same section. In this respect, the Committee emphasizes that, under the terms of Article 8(1) and (2) of the Convention, after consultation with the organizations of the employers and workers concerned, where such exist, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of the Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to supply detailed information on the content of permits issued to minors with respect to their participation in artistic activities pursuant to the national legislation. The Committee also requests the Government to supply information on any consultations held in this regard with the employers’ and workers’ organizations concerned.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the statistics contained in a study conducted by the National Institute of Statistics and Information Technology concerning the work of children and young persons in Peru in 2001, more than 1,219,473 children between 6 and 13 years of age work in Peru. It also notes that the Government, in cooperation with ILO/IPEC, has implemented a number of programmes of action concerning the elimination of child labour, including in refuse dumps, coca plantations in the Cusco and Ayacucho jungles, small-scale mines in Mollehuca and La Rinconada, brickworks in Huachipa, mining farms in Santa Filomena and Ayacucho and in domestic work in the homes of other persons.

The Committee notes with interest the “National Plan for the prevention and elimination of child labour (2005–10)”. It notes that the objective of this plan is to prevent and eliminate the work of children under 14 years of age, and also the worst forms of such labour, and to protect the well-being and rights of young workers between 14 and 18 years of age. To this end, the plan provides for the adoption of strategic measures in: (1) awareness raising and communication; (2) legislation; (3) statistics and research; (4) social policies and rights; and (5) training and strengthening of institutions. In addition, the plan proposes to give particular attention to families and children living in poverty. The Committee duly notes that, according to the information available to the Office, the country is currently preparing a Decent Work Country Programme. It also notes that Peru is participating in the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), the goal of which is to prevent the engagement of more than 5,000 boys and girls in child labour or, where applicable, remove them from it. Furthermore, the project intends the implementing measures taken to be indirectly beneficial to families and communities by improving their living conditions. The Committee notes that, according to a 2007 ILO/IPEC study on girls working in mines, boys and girls are engaged in hazardous work in small-scale informal mining operations, with the involvement of girls becoming more and more frequent in extraction, transportation and processing work. It also notes that, according to a 2007 ILO/IPEC study on the prevention of child domestic labour and the vulnerability of children performing domestic work in the homes of other persons, child domestic labour is a widespread practice in the country. Finally, the Committee notes that, according to ILO/IPEC information, a study on the scope and characteristics of child labour is being prepared.

While duly noting the measures taken by the Government to abolish child labour, measures which it considers to be the expression of a political will to develop strategies to combat this problem, the Committee is concerned at the situation of children in Peru who are forced to work out of personal need, particularly in small-scale mining operations and as domestic workers. It therefore urges the Government to intensify its efforts to improve the situation gradually and requests it to supply detailed information on the measures taken in this regard as part of the implementation of the “National Plan for the prevention and elimination of child labour (2005–10)” and the ILO/IPEC regional project on the elimination of child labour in Latin America (2006–10), and also the results achieved. The Committee also requests the Government to send a copy of the study on child labour once it has been finalized. It also invites it to continue providing information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, and extracts of the reports of the inspection services, particularly regarding inspections conducted in the abovementioned sectors.

Article 2, paragraph 4. Compulsory schooling. The Committee notes that, according to statistics in the study on the work of children and young persons in Peru in 2001, 61.4 per cent of children and young persons enter the labour market without finishing their compulsory schooling.

The Committee notes that, according to 2005 figures from the UNESCO Institute for Statistics, 97 per cent of girls and 96 per cent of boys attend primary school while 70 per cent of girls and boys attend secondary school. It also notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Peru in March 2006 (CRC/C/PER/CO/3, paragraph 60), noted with satisfaction the active role of school councils as well as the programmes developed by the Government, especially in the field of pre-primary education. The CRC also welcomed the increase in the completion rate for primary education in Peru. However, it is still concerned at: (i) the lack of regular school attendance at both primary and secondary level, the very high drop-out and repetition rates, and the fact that nearly one in four adolescents (12–17 years of age) has left school, inter alia because of lack of schools; and (ii) the even higher absenteeism and early drop-out of girls because of traditional views on their place in society and also owing to early pregnancies. The Committee duly notes that, according to information contained in the “National Plan for the prevention and elimination of child labour (2005–10)”, apart from regular basic education, the Government has established an alternative form of basic education in the form of literacy programmes in more than 26 training centres. Moreover, each of the plan’s five action strategies provides for the adoption of measures to strengthen education. In view of the fact that education is one of the most effective means of combating child labour, the Committee encourages the Government to improve the functioning of the education system in the country. In this regard, it requests it to provide information on the measures taken, particularly as part of the implementation of the “National Plan for the prevention and elimination of child labour
(2005–10)”, to increase the school attendance rate and reduce the school drop‑out rate. It also requests the Government to step up its efforts to combat child labour by reinforcing measures to enable working children and young persons to enter the education system, whether on a formal or informal basis, or engage in vocational training, on condition that minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. With reference to its previous comments, the Committee notes with interest the adoption of Supreme Decree No. 007-2006-MIMDES, which approves a detailed list of types of work which are hazardous or harmful to the physical or psychological well-being of young persons and which are prohibited to young persons, namely any person between 12 and 18 years of age.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, under paragraph A.5 of Supreme Decree No. 007-2006-MIMDES, night work between 7 p.m. and 7 a.m. is considered by its nature to be hazardous work and is prohibited. However, it notes that, under section 57 of the Children and Young Persons Code of 2001, night work (work done between 7 p.m. and 7 a.m.) performed by young persons between 15 and 18 years of age may be permitted on an exceptional basis by a judge if it does not exceed four hours per day. The Committee notes the Government’s statement that the Congress of the Republic is currently examining draft Act No. 064-2006-CR, the purpose of which is to amend the Children and Young Persons Code. One of the proposals of the draft Act is to amend section 57 of the Code to the effect that exceptions to the prohibition on night work laid down by this provision may be authorized by a magistrate or otherwise by the competent authority in respect of young persons from the age of 16 years onwards, and no longer 15 years, on condition that such work does not exceed four hours per day during the period between 7 p.m. and 7 a.m.

The Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (1) their health, safety and morals are fully protected; and (2) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee expresses the hope that, in the context of the examination of draft Act No. 064-2006-CR, the Government will take account of the comments made above. It requests the Government to provide information on the measures taken or contemplated to ensure that permission to employ young persons as from the age of 16 years in work considered to be hazardous – in this case, night work – is only granted under the conditions laid down by Article 3, paragraph 3, of the Convention.

Article 7, paragraphs 3 and 4. Determination of light work. In its previous comments, the Committee noted that, under section 51(2) of the Children and Young Persons Code, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It also noted that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours per day or 21 hours per week. The Committee noted that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work per day and per week for such types of work, they do not specify the types of work that are considered to be light. It asked the Government to determine the types of light work which may be performed by young persons between 12 and 14 years of age. The Committee notes the information supplied by the Government to the effect that proposals to define the concept of light work, determine the types of such work and assess its legal effects are currently under examination. The Committee hopes that the proposals to determine types of light work, which are currently being examined by the Government, will be adopted in the near future and will take account of the comments made above. It requests the Government to provide information on all progress made in this regard.

The Committee also noted that the draft Law amending the Children and Young Persons Code amends sections 51 and 56 of the Code currently in force, to the effect that the employment of young persons over 12 years of age in light work is no longer authorized. It noted that, according to the statistics contained in the 2001 “Review of work by children and young persons in Peru” prepared by the National Institute of Statistics and Information Technology, a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee notes that the Government does not supply any information in this regard. The Committee again expresses the hope that, when adopting the amendments to the Children and Young Persons Code proposed by the draft Act, the Government will take account of the minimum age of 12 years for admission to light work, which will enable the employment of children in these types of work occurring in practice to be regulated. It requests the Government to supply information on all progress made in this regard.

Article 8. Artistic performances. The Committee previously noted the Government’s information to the effect that regulations adopted under Act No. 28131 of 18 October 2003 on performing artists state that work by minors in artistic activities may only be carried out under the following conditions: the activity must not jeopardize the health or development of the minor, delay his or her educational development or adversely affect his or her morals. The Government added that the labour administration may prohibit work by a minor in cases where the conditions described above cannot be verified. Noting the Government’s indication that information on this point will be communicated in due course, the Committee requests the Government once again to send a copy of the regulations adopted under Act No. 28131 of 18 October 2003 on performing artists and indicate whether consultations were held with employers’ and workers’ organizations, in accordance with Article 8 of the Convention.

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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:

Article 1 of the Convention. National policy. 1. Collaboration with ILO/IPEC. The Committee noted with interest that the Government is collaborating with ILO/IPEC with a view to eliminating child labour and that, for this purpose, it has renewed until 2007 its Memorandum of Understanding (MoU). It also noted that the Government, with the assistance of ILO/IPEC, has established programmes of action and activities with the objective of eliminating child labour. These programmes of action and activities are: the elimination of the sexual exploitation of children; the elimination of child labour and education; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the prevention and elimination of child labour in rubbish dumps; the prevention and elimination of abuse and sexual exploitation in domestic work; the prevention and elimination of child domestic labour in the homes of other persons in Cajamarca; the elimination of child labour in mining farms in Santa Filomena and Ayacucho; the progressive elimination of child labour in small-scale mines in Mollehuca, La Rinconada; and the progressive elimination of child labour in the brick works of Huachipa. The Committee requests the Government to provide information on the impact of the programmes of action and activities referred to above in relation to the elimination of child labour.

2. National plans. The Committee noted the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of bodies representing government agencies, employers’ and workers’ organizations and civil society. The function of the Steering Committee is to coordinate policies and programmes for the elimination of child labour. The Committee of Experts also noted that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate work by children under 14 years of age and to protect young persons between 14 and 18 years of age who are engaged in work. The Committee requests the Government to provide a copy of the National Plan as soon as its formulation has been completed. Furthermore, the Committee noted that the Government has formulated a National Plan of Action for Children and Young Persons (2002–10). It requests the Government to provide information on the impact of this National Plan of Action in relation to the elimination of child labour.

Article 2, paragraph 3. Age of completion of compulsory schooling. Under the terms of section 32 of the General Education Act No. 28044 of 17 July 2003 (hereinafter, Act No. 28044), basic education, which is organized into regular, alternative or special basic education, is compulsory. Under the terms of section 36 of Act No. 28044, regular basic education includes three levels, namely: the initial level of education, intended for children between 0 and 2 years of age in a form that does not involve school attendance and those between 3 and 5 years involving school attendance; the primary level of education, which lasts six years; and the secondary level of education, which lasts five years. From a reading of this provision, it was the Committee’s understanding that the age of completion of compulsory schooling is 16 years. However, the minimum age for admission to employment or work specified by Peru is 14 years. The Committee considered that compulsory schooling is one of the most effective means of combating child labour. However, if the age of completion of compulsory schooling and the minimum age for admission to employment or work do not coincide, various problems may arise. If the age of completion of compulsory schooling is higher than the minimum age for admission to employment or work, children who are required to attend school may also be legally competent to work and may therefore be encouraged to drop out of school (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee noted the study carried out by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”. According to the statistics contained in this study, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. The Committee also noted that in its concluding observations on the Government’s second periodic report in February 2000 (CRC/C/15/Add.120, paragraph 25), the Committee on the Rights of the Child noted with appreciation the Government’s achievements in the field of education. It nevertheless remained concerned about the high drop-out and repetition rates in primary and secondary school, and about the disparities in access to education between rural and urban areas. The Committee requests the Government to indicate the manner in which attendance at compulsory schooling is secured in practice. It also requests the Government to provide information on the enrolment and school attendance rates.

Article 3, paragraph 2. Hazardous types of work and the determination of such types of work. The Committee noted that, under the terms of section 58(1) of the Code of Children and Young Persons, work by young persons (any human being between the age of 12 and 18 years – section 1) shall be prohibited in underground basements, work involving the handling of excessive weights or toxic substances and activities in which the young person’s safety or that of others is under her or his responsibility. The Committee also noted that Chapter III(D) of Decision No. 128‑94-TR issuing instructions on the authorization of young persons to work, of 25 August 1994, prohibits work by young persons in: (1) underground basements and work involving the handling of excessive weights; (2) activities that are hazardous or harmful to health or morals; (3) activities in which the young person’s safety or that of others is under her or his responsibility; and (4) work involving the handling of explosive or inflammable substances. The Committee noted that the Bill to amend the Code of Children and Young Persons amends section 58 of the current Code and adds a new provision containing a list of hazardous types of work. The Committee also noted that, in its report provided under Convention No. 182, the Government indicates that a list of hazardous types of work has been adopted and that the list was appended to the Government’s report. It requests the Government to indicate whether the list of hazardous types of work included in the new provision of the draft Code of Children and Young Persons is in addition to the list adopted by the Government.

Article 7, paragraphs 1 and 3. Determination of light work. The Committee noted that, under the terms of section 51(2) of the Code of Children and Young Persons, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It further noted that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours in the day or 21 hours in the week. The Committee noted that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work in the day and in the week for such types of work, they do not specify the activities that are considered to be light. It reminded the Government that, under Article 7, paragraph 3, of the Convention, the competent authority, in addition to prescribing the number of hours during which and the conditions in which light work may be authorized, shall also determine the activities in which light work may be permitted. The Committee therefore requests the Government to determine the types of light work which may be performed by young persons between the ages of 12 and 14 years.

The Committee also noted that the Bill to amend the Code of Children and Young Persons amends sections 51 and 54 of the Code that is currently in force and no longer authorizes the employment of young persons over 12 years of age on light work. However, the Committee noted that, according to the statistics contained in the report prepared by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”, a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee hopes that, when adopting the amendments to the Code of Children and Young Persons proposed in the Bill, the Government will take its comments into account, particularly with regard to the minimum age for admission to light work and the determination of these types of work. It requests the Government to keep it informed of any progress achieved in this respect.

Article 8. Artistic performances. The Committee noted that, under the terms of section 33(1) of Act No. 28131 on performing artists, of 18 October 2003, a young person may be an artist from birth. Such a person has the same rights and social benefits as an adult. It also noted that, under section 33(2) of Act No. 28131, a contract for a young artist must ensure the optimal psychological, physical and moral conditions in which her or his skill is developed and her or his emotional, affective and educational stability protected. By virtue of section 33(3) of the Act, regulations issued under the Act shall set out the working conditions of minors who are performers. The Committee noted the Government’s indications that regulations issued under Act No. 28131 provide that work by minors in artistic activities may only be carried out under the following conditions: the activity shall not jeopardize the health or development of the minor, delay her or his educational development or be harmful to her or his morals and good behaviour. The Government added that the labour administration may prohibit work by a minor in cases where the conditions set out above cannot be verified. With regard to minors working on their own account, municipal authorities, in accordance with the Code of Children and Young Persons (sections 52 and 54), are responsible for issuing authorizations for work by minors. The Government also indicated that fewer than 1 per cent of applications for work authorizations for young persons relate to artistic performances and that the children concerned are aged 15 years or over. The Committee requests the Government to provide a copy of the regulations issued under Act No. 28131 respecting performing artists of 18 October 2003. Furthermore, it requests the Government to indicate whether consultations were held with the organizations of employers and workers, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee noted that, according to the statistical data contained in the study carried out by the National Institute of Statistics and Information Technology, entitled “Review of Work by Children and Young Persons in Peru, 2001”, some 1,219,473 children between the ages of 6 and 13 years are engaged in work in Peru and only 38.6 per cent of children and young persons enter the labour market after reaching the minimum age for admission to employment or work, namely 14 years. The Committee noted the statistics provided by the Government concerning the number of authorizations to work issued in 2003. According to these data, 1,464 authorizations to work were granted in 2003. The Committee noted that the number of authorizations to work is significantly lower than the statistics on the number of children working in Peru. The Committee observed that, according to the statistics referred to above, the application of the regulations on child labour appears to be encountering difficulties and that child labour is a problem in practice. The Committee expressed its concern at the real situation of young children in Peru who are compelled to work to meet their personal needs. It therefore strongly encourages the Government to redouble its efforts to improve this situation progressively. It also requests the Government to continue providing detailed information on the effect given to the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts from the reports of the inspection services.

CMNT_TITLE

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. National policy. 1. Collaboration with ILO/IPEC. The Committee notes with interest that the Government is collaborating with ILO/IPEC with a view to eliminating child labour and that, for this purpose, it has renewed until 2007 its Memorandum of Understanding (MoU). It also notes that the Government, with the assistance of ILO/IPEC, has established programmes of action and activities with the objective of eliminating child labour. These programmes of action and activities are: the elimination of the sexual exploitation of children; the elimination of child labour and education; education as a strategy to combat child labour in cocoa plantations in the Cusco and Ayacucho jungles; the prevention and elimination of child labour in rubbish dumps; the prevention and elimination of abuse and sexual exploitation in domestic work; the prevention and elimination of child domestic labour in the homes of other persons in Cajamarca; the elimination of child labour in mining farms in Santa Filomena and Ayacucho; the progressive elimination of child labour in small-scale mines in Mollehuca, La Rinconada; and the progressive elimination of child labour in the brick works of Huachipa. The Committee requests the Government to provide information on the impact of the programmes of action and activities referred to above in relation to the elimination of child labour.

2. National plans. The Committee notes the Government’s indication that it has established the Steering Committee for the Prevention and Elimination of Child Labour, which is composed of bodies representing government agencies, employers’ and workers’ organizations and civil society. The function of the Steering Committee is to coordinate policies and programmes for the elimination of child labour. The Committee of Experts also notes that the Steering Committee is currently formulating a National Plan for the Prevention and Elimination of Child Labour, one of the objectives of which is to prevent and eliminate work by children under 14 years of age and to protect young persons between 14 and 18 years of age who are engaged in work. The Committee requests the Government to provide a copy of the National Plan as soon as its formulation has been completed. Furthermore, the Committee notes that the Government has formulated a National Plan of Action for Children and Young Persons (2002-10). It requests the Government to provide information on the impact of this National Plan of Action in relation to the elimination of child labour.

Article 2, paragraph 3. Age of completion of compulsory schooling. Under the terms of section 32 of the General Education Act No. 28044 of 17 July 2003 (hereinafter, Act No. 28044), basic education, which is organized into regular, alternative or special basic education, is compulsory. Under the terms of section 36 of Act No. 28044, regular basic education includes three levels, namely: the initial level of education, intended for children between 0 and 2 years of age in a form that does not involve school attendance and those between 3 and 5 years involving school attendance; the primary level of education, which lasts six years; and the secondary level of education, which lasts five years. From a reading of this provision, it is the Committee’s understanding that the age of completion of compulsory schooling is 16 years. However, the minimum age for admission to employment or work specified by Peru is 14 years. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. However, if the age of completion of compulsory schooling and the minimum age for admission to employment or work do not coincide, various problems may arise. If the age of completion of compulsory schooling is higher than the minimum age for admission to employment or work, children who are required to attend school may also be legally competent to work and may therefore be encouraged to drop out of school (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee notes the study carried out by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001". According to the statistics contained in this study, 61.4 per cent of children and young persons enter the labour market without having completed their compulsory schooling. The Committee also notes that in its concluding observations on the Government’s second periodic report in February 2000 (CRC/C/15/Add.120, paragraph 25), the Committee on the Rights of the Child noted with appreciation the Government’s achievements in the field of education. It nevertheless remained concerned about the high drop-out and repetition rates in primary and secondary school, and about the disparities in access to education between rural and urban areas. The Committee of Experts requests the Government to indicate the manner in which attendance at compulsory schooling is secured in practice. It also requests the Government to provide information on the enrolment and school attendance rates.

Article 2, paragraphs 4 and 5. Specification of the minimum age for admission to employment or work of 14 years. The Committee notes the Government’s indication that employers’ and workers’ organizations were consulted on the issue of the determination of the minimum age for admission to employment or work of 14 years. The Committee also draws the Government’s attention to Article 2, paragraph 5, of the Convention, which provides that each Member which has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization a statement on the reasons for its decision to specify that age.

Article 3, paragraph 2. Hazardous types of work and the determination of such types of work. The Committee notes that, under the terms of section 58(1) of the Code of Children and Young Persons, work by young persons (any human being between the age of 12 and 18 years - section 1) shall be prohibited in underground basements, work involving the handling of excessive weights or toxic substances and activities in which the young person’s safety or that of others is under her or his responsibility. The Committee also notes that Chapter III(D) of Decision No. 128-94-TR issuing instructions on the authorization of young persons to work, of 25 August 1994, prohibits work by young persons in: (1) underground basements and work involving the handling of excessive weights; (2) activities that are hazardous or harmful to health or morals; (3) activities in which the young person’s safety or that of others is under her or his responsibility; and (4) work involving the handling of explosive or inflammable substances. The Committee notes that the Bill to amend the Code of Children and Young Persons amends section 58 of the current Code and adds a new provision containing a list of hazardous types of work. The Committee also notes that, in its report provided under Convention No. 182, the Government indicates that a list of hazardous types of work has been adopted and that the list was appended to the Government’s report. It requests the Government to indicate whether the list of hazardous types of work included in the new provision of the draft Code of Children and Young Persons is in addition to the list adopted by the Government.

Article 7, paragraphs 1 and 3. Determination of light work. The Committee notes that, under the terms of section 51(2) of the Code of Children and Young Persons, authorization may be granted exceptionally for work by young persons as from the age of 12 years, on condition that the work performed is not prejudicial to their health or development, does not interfere with or restrict their attendance at school and allows them to participate in vocational guidance and training programmes. It further notes that, under section 56 of the Code, work by young persons between 12 and 14 years of age may not exceed four hours in the day or 21 hours in the week. The Committee notes that, while the provisions referred to above give effect to the Convention in that they set the minimum age for admission to light work at 12 years and prescribe the number of hours of work in the day and in the week for such types of work, they do not specify the activities that are considered to be light. It reminds the Government that, under Article 7, paragraph 3, of the Convention, the competent authority, in addition to prescribing the number of hours during which and the conditions in which light work may be authorized, shall also determine the activities in which light work may be permitted. The Committee therefore requests the Government to determine the types of light work which may be performed by young persons between the ages of 12 and 14 years.

The Committee also notes that the Bill to amend the Code of Children and Young Persons amends sections 51 and 54 of the Code that is currently in force and no longer authorizes the employment of young persons over 12 years of age on light work. However, the Committee notes that, according to the statistics contained in the report prepared by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001", a considerable number of children under the age of 14 years are, in practice, engaged in work. The Committee hopes that, when adopting the amendments to the Code of Children and Young Persons proposed in the Bill, the Government will take its comments into account, particularly with regard to the minimum age for admission to light work and the determination of these types of work. It requests the Government to keep it informed of any progress achieved in this respect.

Article 8. Artistic performances. The Committee notes that, under the terms of section 33(1) of Act No. 28131 on performing artists, of 18 October 2003, a young person may be an artist from birth. Such a person has the same rights and social benefits as an adult. It also notes that, under section 33(2) of Act No. 28131, a contract for a young artist must ensure the optimal psychological, physical and moral conditions in which her or his skill is developed and her or his emotional, affective and educational stability protected. By virtue of section 33(3) of the Act, regulations issued under the Act shall set out the working conditions of minors who are performers. The Committee notes the Government’s indications that regulations issued under Act No. 28131 provide that work by minors in artistic activities may only be carried out under the following conditions: the activity shall not jeopardize the health or development of the minor, delay her or his educational development or be harmful to her or his morals and good behaviour. The Government adds that the labour administration may prohibit work by a minor in cases where the conditions set out above cannot be verified. With regard to minors working on their own account, municipal authorities, in accordance with the Code of Children and Young Persons (sections 52 and 54), are responsible for issuing authorizations for work by minors. The Government also indicates that fewer than 1 per cent of applications for work authorizations for young persons relate to artistic performances and that the children concerned are aged 15 years or over. The Committee requests the Government to provide a copy of the regulations issued under Act No. 28131 respecting performing artists of 18 October 2003. Furthermore, it requests the Government to indicate whether consultations were held with the organizations of employers and workers, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistical data contained in the study carried out by the National Institute of Statistics and Information Technology, entitled "Review of Work by Children and Young Persons in Peru, 2001", some 1,219,473 children between the ages of 6 and 13 years are engaged in work in Peru and only 38.6 per cent of children and young persons enter the labour market after reaching the minimum age for admission to employment or work, namely 14 years. The Committee notes the statistics provided by the Government concerning the number of authorizations to work issued in 2003. According to these data, 1,464 authorizations to work were granted in 2003. The Committee notes that the number of authorizations to work is significantly lower than the statistics on the number of children working in Peru. The Committee observes that, according to the statistics referred to above, the application of the regulations on child labour appears to be encountering difficulties and that child labour is a problem in practice. The Committee expresses its concern at the real situation of young children in Peru who are compelled to work to meet their personal needs. It therefore strongly encourages the Government to redouble its efforts to improve this situation progressively. It also requests the Government to continue providing detailed information on the effect given to the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts from the reports of the inspection services.