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PERU
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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.
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