Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Cancer Convention, 1974 (No. 139) - Peru (Ratification: 1976)

Other comments on C139

Observation

Direct Request

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With reference to its observation, the Committee wishes to raise the following additional points.

The Committee welcomes the information provided in the Government’s report that, under section 11(c) of Act No. 29783 (Act on occupational safety and health), the National Occupational Safety and Health Council approved, at its seventh ordinary session on 11 April 2013, the establishment of a temporary technical committee to analyse the possible ratification of Conventions Nos 102, 121, 155, 161 and 187. The Committee also notes that the Government is analysing the possibility of submitting a formal request for technical assistance from the Office.

Article 2(1) of the Convention. Levels of exposure. Replacement of carcinogenic substances and agents by non-carcinogenic substances or agents or by less harmful substances or agents. With reference to its previous comments, the Committee notes with interest the Government’s indication that progress has been made relating to the prohibition of asbestos through the adoption of Act No. 29662, of 21 January 2011, prohibiting amphibole asbestos and regulating the use of chrysotile asbestos, under which, from 1 July 2011 throughout the entire territory, the possession, elaboration, export, import, distribution, manufacture and transfer of all varieties of asbestos fibres is prohibited on the grounds of being considered carcinogenic (section 1), and provides for the regulation of chrysotile asbestos (section 2). The Committee also notes the publication of the draft implementing regulations to Act No. 29662, through Ministerial Resolution No. 425 2012/MINSA (Ministry of Health) on 30 May 2012. In addition, the Committee notes that, according to the Autonomous Workers’ Confederation of Peru (CATP), the enactment of Act No. 29662 only allowed for the adoption of regulations which do not provide for an immediate prohibition of asbestos but which propose an adjustment period, and that this is due to the fact that various government bodies were targeted by lobby groups against the prohibition of asbestos. The Committee requests the Government to provide its comments in this respect and to report on whether the draft implementing regulations (Ministerial Resolution No. 425-2012/MINSA) have already entered into force and whether they have been implemented throughout the entire national territory.

Article 6(c). Work by the inspection services. Application of the Convention in practice. The Committee notes the details on the work of the inspection services regarding the prevention and control of occupational cancer, attached to the Government’s report. The Committee also notes the Government’s indication that the Ministry of Health has not provided additional information regarding the project on the prevention and control of occupational cancer, referred to in its previous report. The Committee therefore once again requests the Government to provide detailed information in its next report on the above project.