Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.