Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the communications of the International Trade Union Confederation (ITUC) dated 24 August 2006 and 26 August 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous types of work. Children who work in mines. In its observations, the ITUC indicates that workers and their families exploit artisanal mines, which are mines abandoned by industrial producers in the country. The children work from the age of 5 and help their mothers to pick up rocks containing gold deposits. When they are older, they work with their father and sometimes dive into flooded shafts to retrieve stones. In the case of gold, the children use mercury, which is toxic, to extract the gold from the rocks. They also transport gold outside the mine, carrying very heavy loads of stone and rocks on their backs. The mines are located in unhealthy places and the children are therefore exposed to serious injury and harm. The children breathe in the contaminated air and are exposed to soil and water that is contaminated with metals and chemical products. The mining industry is concentrated in the districts of Madre de Dios, Puno, Ayacucho, Arequipa and La Libertad.

In its report, the Government indicates that Act No. 28992 of 27 March 2007, replacing the third final and transitional provision of Act No. 27651 on the formalization and promotion of small-scale and artisanal mining, prohibits the employment of persons under 18 years of age in mining of any description. The Committee also notes that, in accordance with Supreme Decree No. 007-2006-MINDES (Supreme Decree No. 007-2006), approving a detailed list of the types work and activity that are hazardous or harmful for the physical and moral health of young persons and are prohibited for such persons, namely any person between 12 and 18 years, work in mines is considered to be a hazardous type of work.

However, the Committee notes that, according to an ILO/IPEC study of 2007 on girls in mining, both boys and girls are in practice engaged in hazardous types of work in small artisanal mines, with girls being increasingly frequently involved in extraction, transport and transformation activities. It notes that, according to the information contained in a document relating to the National Plan for the Prevention and Elimination of Child Labour (2005–10), the number of children working in artisanal mines in Peru is estimated at around 50,000. The Committee further notes that, in its concluding observations on the third periodic report of Peru of March 2006 (CRC/C/PER/CO/3, paragraph 62), the Committee on the Rights of the Child expressed deep concern at the information that hundreds of thousands of children and adolescents are on the labour market, especially in the informal sector, where they are the victims of exploitation. The Committee on the Rights of the Child also expressed concern that legislative provisions protecting children from economic exploitation are often violated and that children are exposed to dangerous and/or degrading work, including in mines.

The Committee expresses deep concern with regard to the use of children in hazardous types of work in mines. It reminds the Government that under the terms of Article 3(d) of the Convention, hazardous types of work constitute one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worse forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure that no young person under 18 years of age is engaged in hazardous types of work in mines, and particularly in artisanal mines. It further requests the Government to provide information on the effect given in practice to the national legislation governing hazardous types of work, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penalties imposed.

Child domestic workers. In its comments, the ITUC indicates that the practice exists in Peru of parents sending their children to work as domestic workers in the city with a view to helping the family. However, the children do not usually receive any benefits, except for food and accommodation from their employer. These children have to cook, clean, wash clothes, look after other children and go shopping. According to the ITUC, child domestic workers have long hours of work in the day. They work at least 12 hours a day and are on call 24 hours a day. Many work without any time off and without any leave. A very large number of these children are the victims of abuse and exploitation, such as verbal abuse and physical punishment. Sexual abuse also occurs, although to a lesser extent. In most cases, the children lose contact with their parents. The ITUC adds that at the national level the number of domestic workers is estimated at 300,000, of whom 110,000 are reported to be under 18 years of age. Although the national legislation recognizes the rights of domestic workers, such as eight hour working days, public holidays and 15 days holiday a year, it is not applied as very few workers are aware of their rights and very few employers worry about complying with the obligations imposed upon them by law. The ITUC concludes that the authorities responsible for supervising the application of the law need to implement it more rigorously.

The Committee notes that, according to the 2007 ILO–IPEC study on approaches to prevention and the vulnerability of children engaged in domestic work in families which live in rural and urban areas, domestic work by children is widespread in the country. It further notes that, in accordance with Supreme Decree No. 007-2006, domestic work is considered to be a hazardous type of work in view of the working conditions involved. The Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour, and especially hazardous types of work, and to provide information on this matter.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and ensuring their rehabilitation and social integration. Children who work in mines. The Committee notes the indication by the ITUC that there are at present no concrete policies for the eradication of child labour in mines. The Committee notes that, in accordance with the National Plan for the Prevention and Elimination of Child Labour (2005‑10), work by children in mines is one of the worst forms of child labour and its objectives include the prevention and elimination of these forms of child labour. The Committee requests the Government to provide information on the impact of the time-bound measures adopted in the context of the implementation of the National Plan for the Prevention and Elimination of Child Labour with a view to preventing children from being employed in mines and providing the necessary and appropriate direct assistance for the removal of children from this worst from of child labour. In particular, it requests the Government to indicate the number of children who are prevented in practice from being engaged in hazardous types of work in mines and who are removed from these types of work. Finally, the Committee asks the Government to provide information on the measures adopted to ensure the rehabilitation of these children.

Clause (d). Children at special risk. Child domestic workers. In its comments, the ITUC indicates that there are no programmes intended to help children engaged in domestic work. The ITUC adds that very few or no shelters have the means to provide assistance to child domestic workers, such as education and training services, advice or financial assistance. The Committee notes that the elimination of work by children as domestic workers, as a hazardous form of work, is included in the objectives of the National Plan for the Prevention and Elimination of Child Labour (2005–10). The Committee observes that children, and particularly young girls, when engaged in domestic work are often the victims of exploitation, which can take on very diverse forms, and that it is difficult to supervise their conditions of work due to the clandestine nature of such activities. The Committee requests the Government to take immediate and effective time‑bound measures in the context of the National Plan for the Prevention and Elimination of Child Labour (2005–10) with a view to protecting children engaged in domestic work from the worst forms of child labour, removing them and providing the necessary and appropriate direct assistance for their rehabilitation and social integration, particularly through the establishment of shelters provided with the necessary resources.

The Committee is raising other points in a request addressed directly to the Government.