Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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.]