1. Child Labor in Peru
In 1999, the International Labor Organization (ILO) estimated that 5.5 percent
(100,634) of children between the ages of 10 and 14 in Peru were working.1387
Slightly less than half of these working children were boys (46,921), while
girls accounted for just more than half of working children in this age group
(53,712).1388 In 1999, approximately 44 percent
(804,700) of children between the ages of 15 and 19 were economically active.1389
Some children and adolescents work either in formally established enterprises
or as unpaid workers at home.1390 The majority of working children are active
in the country’s informal economy, which accounts for nearly 50 percent of the
country’s economic output.1391 The informal
sector escapes government oversight of wages and working conditions, and
government supervision of children and adolescents in this sector is scarce to
nonexistent.1392
In 1995, the National Home Survey of the National Institute of Statistics (INEI)
indicated that 55 percent of all working minors between the ages of 6 and 17
lived in rural areas.1393 Child laborers work
long hours in the agricultural sector. Others work in fireworks factories and
stone quarries. Children also load and unload produce in markets, and collect
garbage to earn a living.1394
Child labor is prevalent in the brick-making sector of Huachipa. Working
children in this sector help their parents to meet daily quotas starting as
early as 3 years old. Children carry heavy loads of brick or sand throughout the
day. These loads are extremely heavy, and as a result, many children suffer from
spinal and bone deformities. Moreover, malnutrition, constant contact with mud
and sand as part of their work, and lack of access to potable water leads to
many of these children suffering from skin infections, digestive illnesses, and
respiratory and hearing problems.1395
In the small-scale traditional gold-mining sector, young children are commonly
found participating in mining activities and performing all aspects of the work
to help boost the family’s income. Children also work inside the mines. They
carry heavy loads of ore, often on their backs. They crush and manually grind
ore. They also participate in amalgamating the ore with mercury, a process that
exposes them to hazardous fumes.1396
Children are involved in prostitution in both Lima and in Peru’s provinces.1397 Hotel administrators, discos, massage parlors, gyms and employment offices
are reportedly involved in organizing adolescent prostitution.1398
A 1999 study revealed that trafficking of girls and boys for the purpose of
commercial sexual exploitation occurs in Peru. Minors are taken from rural areas
of the country, promised jobs and the opportunity to earn dollars, and travel to
see new places. Instead, they are brought by pimps to secret bordellos and to
the streets of Lima to work as prostitutes.1399
2. Children’s Participation in School
In 1996, the gross primary attendance rate was 114.3 percent, and the net primary
attendance rate was 88.3 percent.1400 For that same year, the gross primary
enrollment rate was 123.2 percent, and the net primary enrollment rate was 93
percent.1401 Between 1993 and 1997, net primary enrollment increased from 87.2
to 93.8 percent.1402 For girls, this rate increased from 85.9 percent in 1993
to 93.3 in 1997, while for boys, the rate increased from 88.4 percent in 1993
to 94.2 in 1997.1403 Gross primary enrollment also increased over the same
time period, from 117.7 percent in 1993 to 122.8 percent in 1997.1404 The population
of unenrolled children of primary school age decreased from 426,630 (12.8 percent
of primary-age children) in 1993 to 211,630 (6.2 percent) in 1997.1405 In 1993,
approximately 231,000 unenrolled primary-age children were female (14.1 percent
of the total primary-age female population) and 196,000 were male (11.6 percent
of the total primary-age male population). The numbers dropped in 1997 to approximately
112,000 unenrolled primary-age females (6.7 percent of the total primary-age
female population) and approximately 100,000 unenrolled primary-age males (5.8
percent of the total primary-age male population).1406
Although Peru has been working toward achieving universal access to education,
the UN Committee on the Rights of the Child reported that indigenous children
and those from rural areas lack universal access to the education system.1407
School attendance is poorest in rural and jungle areas, and girls benefit less
than boys.1408
3. Child Labor Law and Enforcement
The Child and Adolescent Code stipulates that the legal minimum age for work
is 12 years. Legislation passed in August 2000, however, changed the legal minimum
age for employment in Peru to 14 years.1409 Children between the ages of 12
and 14 may work if they obtain special permission from the Ministry of Labor
and certify that they are attending school.1410
As of August 2001, 2,228 special permission requests had been approved for 2001.1411
In more hazardous industrial, commercial or mining sectors, Peru’s legal minimum
age is 15; while in the fishing sector, the legal minimum age is 16.1412
Work that might harm a child’s physical and emotional health, including
underground work or work that involves heavy lifting and carrying, is
prohibited.1413
There are statutory limits to the number of hours that children may work. Children
between 12 and 14 can only legally work four hours a day, or up to 24 hours
a week. Adolescents between 15 and 17 years may work a maximum of six hour days,
or not more than 36 hours a week.1414 Working
adolescents are required to obtain authorization from the Ministry of Labor if
they are performing unpaid family work, however, the head of the household for
which they work must register them in the municipal labor records.1415
Prostitution is legal in Peru, but laws prohibit individuals from profiting
by prostituting others. Prostitution or pornography involving children is illegal.1416
Laws prohibiting kidnapping, the sexual abuse of minors, and illegal employment
are enforced and can be used to sanction individuals who traffic children for
exploitative labor.1417
Peru’s Child and Adolescent Code of August 2000 prescribes the framework for
child and adolescent labor practices.1418 The code protects the rights of children
and adolescents from extreme forms of child labor, such as forced and bonded
labor, economically exploitative labor, prostitution and trafficking.1419 According
to the Child and Adolescent Code, working children must be paid at the same
rate as adult workers.1420 In practice, government standards are often violated
and are rarely enforced in the informal sector, where many child workers are
found.1421 The Ministry of Labor has a total of
150 labor inspectors, and inspections are primarily conducted in the formal
sector.1422
In August 2000, the Peruvian Congress passed legislation to create a new office
within the Ministry of Women’s Advancement and Human Development (PROMUDEH).
This office, the Directorate of Children and Adolescent Affairs, is charged
with protecting the rights of children and adolescents.1423 Also responsible
for protecting children are the Municipal Child and Adolescent Defender Centers
(DEMUNAs), which report to PROMUDEH. Together with local governments, DEMUNAs
supervise and apply sanctions in their jurisdiction when the rights of children
and adolescents are threatened or violated.1424 The Public Ministry, by way
of the Special Prosecutor and the Prosecutor of Crime Prevention, supervises
the enforcement of the Child and Adolescent Code.1425 A special group of national
police personnel are trained in specific regulations and laws related to the
education, prevention and protection of children. This group coordinates with PROMUDEH and other related organizations.1426 In December of 1998, legislation
was enacted that stipulated that settlements adjudicated by the prosecutor’s
office of the Public Ministry are legally binding and equal in standing to
decisions made by a court of law.1427
The Government of Peru ratified International Labor Organization Convention
(ILO) No. 182 on the Worst Forms of Child Labor on January 10, 2002.1428
4. Addressing Child Labor and Promoting Schooling
a. Child Labor Initiatives
In July 1996, the Government of Peru signed a Memorandum of Understanding with
the International Labor Organization’s International Program on the Elimination
of Child Labor (ILO-IPEC).1429 ILO-IPEC’s
presence has increased awareness within Peruvian society of the hazards of
harmful child labor.1430 ILO-IPEC
programs in Peru include a regional program, funded by the U.S. Department of
Labor (USDOL), designed to eliminate child labor in the small-scale, traditional
mining sectors of Bolivia, Ecuador and Peru. Another regional ILO-IPEC program
funded by USDOL aims to eliminate child domestic work in Brazil, Paraguay,
Colombia and Peru.1431
In 1997, Peru put in place a National Plan of Action for Children and Adolescents.
This plan aims to promote and ensure the complete application of children’s
rights.1432 In August 1997, PROMUDEH created
the National Steering Committee on the Eradication of Child and Adolescent Labor
to carry out the strategies and goals stated in the National Plan.1433
Peru is home to many networks of nongovernmental organizations (NGOs), civil
society groups, community members, workers organizations, employers organizations
and government agencies. The National Initiative on the Rights of the Child
(GIN), the largest network/NGO of its kind in Peru, coordinates the efforts
of 27 different groups that address children’s issues.1434 The Network for
a Future without Child Labor, made up of seven NGOs, is another network that
develops projects to eradicate child labor.1435 The Global March Against Child
Labor and its local NGO affiliates have begun reaching out to children, parents,
working children and communities to raise awareness on the importance of
education. Provincial networks are being formed as well.1436 PROMUDEH,
in coordination with the Labor Ministry and in consultation with labor unions
and employers’ groups, periodically establishes a list of jobs and activities
that are dangerous to the physical or moral health of adolescents.1437
The Instituto Nacional de Bienestar Familiar (INABIF) has developed
a program for working children and adolescents called the Boys, Girls and Adolescent
Street Workers program which offers services including school support, housing,
reinsertion into the government school system, reinsertion into the family,
and vocational training.1438 From April to June
2001, the program provided services to approximately 7,000 children and
adolescents a month in 17 cities.1439
Innovative methods have been used by NGOs to address child labor in Peru. For
example, the NGO AIDECA has developed introduced affordable technologies in
the brick making industry of Huachipa to help eliminate the need for child
labor, while at the same time, increasing productivity.1440
In 2000, Peru began a child labor survey with support from the ILO’s Statistical
Information and Monitoring Program on Child Labor (SIMPOC). The Ministry of
Labor, the INEI, and PROMUDEH have participated in preliminary aspects of the
survey.1441
b. Educational Alternatives
According to Peru’s constitution, basic education is free and compulsory through
secondary school.1442 In 2001, basic education consisted of two years at the
pre-primary level, six years at the primary level, and four years at the secondary
level.1443 Children and adolescents have the
right to education, and the state guarantees education, free of charge, for
those in economic need.1444
Peru’s Child and Adolescent Code guarantees special school schedules that
allow children and adolescents who work to attend school classes regularly. The
school directors are responsible for checking to make sure that work does not
affect school attendance and performance. They are also responsible for
periodically informing the proper authority about the performance levels of the
student-workers. The code calls for the state to promote the use of resources
and physical spaces for the development of cultural, sport, and recreational
programs for children and adolescents.1445
Within the framework of the United Nations Educational, Scientific, and Cultural
Organization (UNESCO)’s Education for All initiative, Peru has committed
resources throughout the 1990s aimed at educational reform. The goals of this
effort included: universal access to basic education; reduction of illiteracy
and gender disparity; and making curricula more relevant to children.1446
The Education Ministry seeks to address child labor through a project that
provides children with alternatives to working in the streets.1447 Radda Barnen
(Save the Children) is implementing the Ministry’s Work, Education and Health
Program (TES), the goal of which is to reinforce the curriculum in five
regional departments to make school lessons more pertinent to the lives of
working children. This program has also incorporated an informal tracking system
of teacher reporting to determine where children work, the kind of work they do,
and how it affects their well being.1448
The Ministry of Education also sponsors the Integrated Protection Program,
which is designed to promote good school performance and prevent the early insertion
of children into the work force. It is a multi-sectoral program which provides
nutritious meals to children age 6 and younger and involves parents and the
greater community.1449 The Ministry of Education has also designed the “Basic
Education Program for All” to improve the quality and infrastructure of education
in rural, marginal urban, and border areas of the country with an intensive
teacher training program and free distribution of educational materials at the pre-primary,
primary and secondary levels.1450 Plan Huascaran
(2000-2004) is another Ministry of Education program that looks to achieve
equality of access to education in the rural and border zones of extreme
poverty.1451
Peru’s Ministry of Health has created a School Insurance program. This program
is a child and adolescent health initiative that was developed to decrease school
desertion numbers by encouraging the continuity of education. In exchange for
proof from teachers that students are continuously attending classes, children
and adolescents between the ages of 3 and 17 can receive universal medical coverage.
At the start of the program in 1997, two to three million children were treated.1452 The numbers quadrupled in 1998-99 as the program became more widely publicized.
Coverage under the program includes transportation, lab work, diagnostics, prescription
medicine and surgery costs.1453 Although
expensive for the state, the program has been made a priority. School Insurance
has proved to be a strong incentive for parents to keep their children in
school.1454
Labor unions have also begun to participate in the fight against child labor.
El Sindicato Unico de Trabajadores Educadores Peruanos (SUTEP), a union of school
teachers, has developed programs to raise awareness on child labor issues. The
General Confederation of Peruvian Workers (CGTP), consisting of 1300 affiliates,
has launched a national awareness-raising campaign on child workers and has
made an effort to encourage unions to incorporate the child labor issue into
their agendas. CONFIEP, a network of 24 employers organizations, has made
efforts to raise awareness amongst employers on the worst forms of child labor.1455
Other initiatives are also being undertaken at the local level. Through its
Children and Adolescent Rights Program, for example, the Center for Social Studies
and Publications (CESIP) promotes education and a reduction of child labor
using awareness raising pamphlets and publications.1456
Public spending on education as a percentage of gross national product (GNP)
was 3.9 percent in 1994 and 2.9 percent in 1996.1457
In 1999, government expenditure on primary education amounted to 1.4 percent as
a percentage of GNP.1458
5. Selected Data on Government Expenditures
The following bar chart presents selected government expenditures expressed
as a percentage of GNP. The chart considers government expenditures on
education, the military, health care, and debt service. Where figures are
available, the portion of government spending on education that is specifically
dedicated to primary education is also shown.1459
While it is difficult to draw conclusions or discern clear correlations between
areas of government expenditure as a percentage of GNP and the incidence of
child labor in a country, this chart and the related tables presented in Appendix
B (Tables 14 through 19) offer the reader a basis for considering the relative
emphasis placed on each spending area by the governments in each of the 33 countries
profiled in the report.
1387 Yearbook of Labour Statistics (Geneva: ILO, 2000), Table 1A.
1388 Ibid.
1389 Ibid.
1390 U.S. Department of State Human Rights Report for 1999, Section
6d (www.state.gov/www/global/uman_rights/ 1999_hrp_report) [hereinafter Human
Rights Report ].
1391 U.S. Embassy-Lima, unclassified telegram no. 003672, June 22, 2000.
1392 Human Rights Report at Section 6d (www.state.gov/www/global/human_rights/
1999_hrp_report).
1393 Asociacion Pro-Derechos Humanos, Trabajo Infantil en Debate: Entrevistas
de Cecilia Alvarez, 1999, 1, at http://ekeko.rcp.net.pe/aprodeh/public/iadesc98/desc9806.htm.
1394 Country Reports on Human Rights Practices for 1999 (www.state.gov/www/global/uman_rights/
1999_hrp_report), Section 6d [hereinafter Country Reports 1999—Peru ].
1395 AIDECA Peru, Eliminating Child Labor in the Brickworks of Huachipa,
Peru: Changing the Economic Equation [document on file].
1396 ILO-IPEC, Children Working in Small-Scale Traditional Gold Mining in
Peru: National Baseline Study for the Project for Prevention and Progressive
Elimination of Child Labor in Small-Scale Traditional Gold Mining in South America,
Maria del Carmen Piazza, March 2001, 80-83.
1397 Accion por los iños: Save the Children, “Campana contra la prostitucion
infantile: !La vida y la dignidad ni tienen precio ni se alquilan!” April 2000
(www.accionporlosninos.org.pe/foro/pagina.htm).
1398 Ibid.
1399 Ibid.
1400 USAID, GED 2000: Global Education Database [CD-ROM], Washington,
D.C., 2000.
1401 World Development Indicators 2000 .
1402 Ibid.
1403 Ibid.
1404 Ibid.
1405 Ibid.
1406 Ibid.
1407 International Confederation of Trade Unions (ICFTU) website, Internationally
Recognized Core Labour Standards in Peru: ICFTU Report for the WTO General Council
Review of the Trade Policies of Peru, Geneva, May 30-31, 2000 (www.icftu.org),
3.
1408 U.S. Department of State, Human Rights Report for 1999 (www.state.gov/www/global/human_rights/
1999_hrp_report), Section 5.
1409 U.S. Embassy-Lima, unclassified telegram no. 005240, September 21, 2001
[hereinafter unclassified telegram 005240].
1410 Unclassified telegram 005240.
1411 Ibid.
1412 Ministerio de Trabajo y Promoción Social, Resolución Ministerial No.
033-2000-TR. 9: Requisitos y formalidades para la contratacion laboral de adolescente:
Edades minimas para el trabajo (www.mtps.gob.pe/ normas/033-2000-tr.htm).
1413 Ministerio de Trabajo y Promoción Social, Resolución Ministerial No.
033-2000-TR. 9: Requisitos y formalidades para la contratacion laboral de adolescente:
Trabajos prohibidos y facilidades y beneficios (www.mtps.gov.pe/normas/033-2000-tr.htm).
1414 Ministerio de Trabajo y Promoción Social, Síntesis Legal: 7.1.3. jornadas
especiales de trabajo adolescentes (www.mtps.gob.pe/sintesis.htm).
1415 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Capitulo
IV. Regimen Para el Adolescente Trabajador. Articulo 50 (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1416 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Libro
Primero: Derechos y Libertade: Derechos Civiles. Capitulo I, Articulo IV
(www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1417 Country Reports 1999—Peru (www.state.gov/www/global/uman_rights/
1999_hrp_report) at Section 6f [hereinafter Country Reports 1999—Peru
].
1418 Country Reports 1999 – Peru, Section 6d.
1419 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Libro
Primero: Derechos y Libertades: Derechos Civiles, Capitulo I, Articulo IV
(www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1420 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Regimen
Para el Adolescent Trabajador, Capitulo IV, Artículo 59 (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1421 Country Reports 1999—Peru at Section 6d.
1422 Unclassified telegram 005240.
1423 Ibid.
1424 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Contravenciones
y Sanciones. Libro Segundo. Capitulo V, Articulo 70 (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1425 Ibid. at Articulo 71.
1426 Comision Andina de los Juristas. Red de información Judicial Andina. Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes. Libro
Cuarto. Capitulo IV. Organos Auxiliares. Seccion II. Policia Especializada,
Capitulo IV (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1427 Country Reports 1999—Peru at Section 5.
1428 For a list of which countries profiled in Chapter 3 have ratified ILO
Conventions No. 138 and No. 182, see Appendix C.
1429 ILO-IPEC Countries at http://www.ilo.org/public/english/standards/ipec/about/countries/t-country.htm.
1430 Interview with Eliseo Cuadrao, director of IPEC, South America regional
office, by U.S. Department of Labor official (November 13, 2000) [hereinafter
Cuadrao interview].
1431 ILO-IPEC project document, Prevention and Elimination of Child Domestic
Labour in South America: Program to Prevent and Progressively Eliminate Child
Labor in Small-Scale Traditional Gold Mining in South America (Geneva: ILO-IPEC)
[document on file].
1432 Comision Interamericana de Derechos Humanos, Derechos del Nino,
Capitulo VIII, OAS (www.cidh. org/ countryrep/Peru2000sp/capituulo8.htm).
1433 U.S Embassy-Lima, unclassified telegram no. 003383, June 3, 1999.
1434 Country Reports 1999—Peru at Section 5.
1435 Cuadrao interview.
1436 Ibid.
1437 Comision Andina de los Juristas, Red de información Judicial Andina, Ley
No. 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Art.
58, (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1438 Instituto Nacional de Bienestar Familiar, INABIF, Nuestros Servicios
(www.inabif.gov.pe/servicio/ servicio2.htm); cited October 16, 2001.
1439 Instituto Nacional de Bienestar Familiar. INABIF, Oficina de Planeamiento
y Desarrollo. Area de Estadistica, INABIF en Cifras I y II Trimestres 2001,
Boletin I y II Trimestres, 2001.
1440 AIDECA Peru, Programa para la Erradicacion Progresiva del Trabajo Infantil
en las Ladrilleras de Nieveria. [document on file].
1441 Cuadrao interview.
1442 Constitucion de la Republica de Peru, Capitulo II, Articulo 17 (www.cajpe.org.pe/RIJ/bases/legisla/peru/
consper.htm#3); cited October 16, 2001.
1443 As part of the Education for All initiative in 1999, Peru began to experiment
by uniting the secondary level with the primary level to form a basic education
requirement of 10 years. The reform will add an additional year of pre- primary
to the basic education requirement until it reaches 13 years in 2002. Children
will be required to start school at the age of 3. At the beginning of the 1990s,
basic education was only required for a six-year period. See United Nations
Educational, Scientific, and Cultural Organization (UNESCO), Institute for Statistics,
Education for All: Year 2000 Assessment, Country Report, Peru (Paris,
2000). Peru: Informe: Primera Parte: Seccion Descriptiva (www2.unesco.org/wef/countryreports/peru/rapport_1.html)
[hereinafter Education for All: Year 2000 Assessment—Peru ], 10.
1444 Comision Andina de los Juristas. Red de información Judicial Andina, Ley
no 272337-Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Derechos
Economicos, Sociales y Cuturales y Sociales, Capitulo II, Articulo 14 (www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html).
1445 Comision Andina de los Juristas, Red de información Judicial Andina “Codigo
de los Ninos y Adolescentes,” (www.cajpe.org.pe/rij/bases/legisla/ peru/ley1.html).
1446 Education for All: Year 200 Assessment—Peru.
1447 Ministerio de Educacion. Todos los Proyectos del MED por Oficina. Oficina
de Prevencion Integral. El Programa de Asistencia al Menor con Ocupacion
Temprana (www.minedu.gob.pe/proyectos/ dir.php?obj=proyectos.htm).
1448 Interview with Dra. Ballardo, employee from the Ministry of Education,
Lima, Peru, by U.S. Department of Labor official, November 15, 2000.
1449 Ibid.
1450 Ministerio de Educacion, Programa de Educacion Basica para Todos
(www.minedu.gob.pe/ web/ el_ministerio/el_ministero/Administr/poryect/educ_basic.html);
cited October 16, 2001.
1451 Ministerio de Educacion, Plan Juascaran: Moderna tecnologia para escuelas
rurales, 1700 Colegios los Primeros Beneficiarios, 5 Mil Estaran Enlazados el
2004 (www.minedu.gov.pe/ prensa_comunica/notas/octubre-2001/ dir.php?obj=13-10-2001_02.htm).
1452 Interview with Dr. Cecilia Costa, director, People’s Health, Ministry
of Health, Lima, Peru, by U.S. Department of Labor official, November 15, 2000.
1453 Ibid.
1454 Ibid.
1455 Cuadrao interview.
1456 See “Mas Educacion Menos Trabajo Infantil,” Centro de Estudios
Sociales y Publicaciones, Programa: Derechos de niños, niñas, y adolescentes
[document on file].
1457 World Development Indicators 2000 .
1458 Ibid.
1459 See Chapter 1, Section C, 5, for a fuller discussion of the information
presented in the box. See also Appendix B for further discussion, and
Tables 14 through 19 for figures on government expenditure over a range of years.