Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

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).