Child Labor and Forced Labor Reports
Peru
Moderate Advancement
In 2021, Peru made moderate advancement in efforts to eliminate the worst forms of child labor. The government created a National Forced Labor Observatory to collect and consolidate information on this abuse and government efforts to address it. It also approved national implementation of the Municipal Model for the Detection and Eradication of Child Labor and the Ministry of Labor and Promotion of Employment convened 26 regional commissions for the prevention and eradication of child labor. In addition, the government published an updated National Plan of Action Against Trafficking in Persons for the 2022–2030 period. However, children in Peru are subjected to the worst forms of child labor, including in mining and in commercial sexual exploitation, sometimes as a result of human trafficking. Peruvian law allows children ages 12 to 14 to do light work without specifying the activities in which children may work. Labor law enforcement agencies in Peru also lack sufficient inspectors and training to adequately address child labor, and the government did not provide complete information on criminal enforcement efforts against child labor.
Children in Peru are subjected to the worst forms of child labor, including in mining and in commercial sexual exploitation, sometimes as a result of human trafficking. (1,2) In the 2015 Specialized National Child Labor Survey, the government identified 1,619,200 children, ages 5 to 17, engaged in child labor. Rates of child labor were higher in the highland and jungle regions than in the coastal region, and also higher in rural areas than in urban areas. (3) The government estimated that 1,251,400 children, ages 5 to 17, were engaged in hazardous child labor and that 58.4 percent of these children worked in agriculture, fishing, or mining. The government also identified 70,500 children, ages 10 to 17, who were at risk of forced labor. (3) Table 1 provides key indicators on children's work and education in Peru.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
5 to 14 |
21.8 (1,261,484) |
|
Working children by sector |
5 to 14 |
|
|
Agriculture |
63.8 |
|
|
Industry |
6.1 |
|
|
Services |
30.2 |
|
|
Attending School (%) |
5 to 14 |
97.6 |
|
Combining Work and School (%) |
7 to 14 |
25.0 |
|
Primary Completion Rate (%) |
98.7 |
Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2022. (4)
Source for all other data: International Labor Organization's analysis of statistics from Encuesta de Trabajo Infantil (ETI), 2015. (5)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Transplanting and harvesting rice, and collecting and harvesting Brazil nuts/chestnuts (6,7) |
|
Fishing† (1,6,8-10) |
|
|
Logging† timber and clearing forestland for mining, including cutting down and burning trees (1,8-12) |
|
|
Industry |
Mining† (3,11,13) |
|
Production of bricks† and fireworks,† construction, and metal manufacturing (3,8-11,13-17) |
|
|
Services |
Street work,† including vending, begging, shoe shining, carrying loads, selling in kiosks and markets, collecting fares on public buses,† and washing cars (1,3,8,9,13,14,18) |
|
Treating leather, repairing shoes, and tailoring work (3,19) |
|
|
Repairing motor vehicles† (12) |
|
|
Garbage scavenging† (11) |
|
|
Working in restaurants, domestic work† and cleaning offices and hotels (3,9,11,13,14) |
|
|
Categorical Worst Forms of Child Labor‡ |
Forced labor in mining, including for gold (12-14,20) |
|
Forced labor in logging timber, street vending, and begging (13,14,20) |
|
|
Forced domestic work (13,14,20) |
|
|
Commercial sexual exploitation, including in bars, nightclubs, brothels, and mining camps, each sometimes as a result of human trafficking (13) |
|
|
Growing and processing coca (stimulant plant) and transporting drugs (13,14,20) |
|
|
Counterfeiting U.S. dollars and lightbulbs (1,2,14,20) |
|
|
Recruitment of children by non-state armed groups for use in armed conflict (14,20) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Children in Peru work in informal and small-scale mining, particularly for gold, sometimes in situations of forced labor. (13,14,20) These children are exposed to hazards, including mercury and harmful gases, wall and mine collapses, landslides, and explosives accidents. (8,12,13,21) Communities located near illegal mining operations are often isolated and lack a permanent government presence, increasing the likelihood of child trafficking and the use of children for commercial sexual exploitation. (12-14,20,22) Young girls from Colombia, Ecuador, and Venezuela are also subjected to commercial sexual exploitation, domestic work, and forced labor in mining regions of Peru. (14,23) In addition, remnants of the Shining Path terrorist group continue to use children in combat, domestic servitude, and drug trafficking. (13,14,20) Some children are also subjected to forced labor in support of narco-trafficking, including by using hazardous chemicals to process coca or working as drug couriers. (13,14,20) Civil society reported that COVID-19 pandemic restrictions led to an increase of online sexual exploitation of children during the reporting period. (13,14)
Remote education continued to be the primary educational method nationwide in 2021 due to the pandemic, leading to higher drop-out rates. (13) Structural problems such as limited class sizes, long distances to schools, and lack of necessary documentation also hindered education access for many refugee and migrant children, and may have exacerbated their vulnerability to child labor and human trafficking. (13,24) School retention of Venezuelan migrant and refugee students was often impacted by their families’ lack of economic resources and sustainable livelihoods. (13)
Peru has ratified all key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
|
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Peru's legal framework to adequately protect children from the worst forms of child labor, including the lack of prohibition of recruitment of children by non-state armed groups.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
14 |
Articles 1, 51, 69-70, and 73 of the Child and Adolescent Code; Articles 4 and 5 of Law No. 29981 on SUNAFIL (25,26) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Articles 1, 56-58, 69-70, and 73 of the Child and Adolescent Code; Articles 4 and 5 of Law No. 29981 on SUNAFIL (26,27) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Sections A and B of Supreme Decree No. 003-2010-MIMDES; Article 58 of the Child and Adolescent Code (27,28) |
|
|
Prohibition of Forced Labor |
Yes |
Articles 2 and 23 of the Constitution; Article 4 of the Child and Adolescent Code; Articles 129-A, 129-B , 129-Ñ, and 129-O of the Penal Code (27,29,30) |
|
|
Prohibition of Child Trafficking |
Yes |
Article 4 of the Child and Adolescent Code; Articles 129-A and 129-B of the Penal Code (27,29) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Article 4 of the Child and Adolescent Code; Articles 129-A, 129-B, 129-H--129-J, 129-L, 129-M, 179--181-B, and 183 of the Penal Code (27,29) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Articles 46-D, 128, 296, 296-A, and 297 of the Penal Code; Law 28190 Protecting Children and Adolescents from Begging (29,31) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Articles 2 and 23 of Law No. 29248 Military Service (32) |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A† |
||
|
Prohibition of Military Recruitment by Non-state Armed Groups |
No |
||
|
Compulsory Education Age |
Yes |
17‡ |
Article 17 of the Constitution; Articles 12 and 36 of the General Education Law; Article 61 of Supreme Decree No. 011-2012-ED (30,33,34) |
|
Free Public Education |
Yes |
Article 17 of the Constitution; Article 4 of the General Education Law (30,33) |
† Country has no conscription
‡ Age calculated based on available information (30,33)
In March 2021, the government passed an amendment to the Penal Code which aims to better organize articles relating to the crimes of trafficking in persons and other forms of labor and sexual exploitation, now considering them crimes against human dignity. (14,35) This amendment is intended to ensure greater representation of children in legal proceedings and civil compensation for victims of human trafficking and other forms of exploitation. (35)
The Child and Adolescent Code provides a light work exception for children as young as age 12 to receive work authorization without specifying the activities permitted. (13,25) In addition, as the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (27,30,33,34)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.
|
Organization/Agency |
Role |
|---|---|
|
Ministry of Labor and Promotion of Employment (MTPE) |
Sets national policies and guidelines for labor law enforcement, including for inspections. (26) Maintains an online reporting service to receive complaints of labor law violations. Responsible for supporting the National Labor Inspection Superintendency (SUNAFIL), which enforces labor laws in 21 regions by inspecting workplaces with more than 10 registered workers and referring cases of child labor to the Ministry of Women and Vulnerable Populations (MIMP) and the Public Ministry, as appropriate. (1,9,36-38) MIMP provides social services to children found in the worst forms of child labor and refers cases to the MTPE. (8) SUNAFIL maintains a dedicated unit of 10 inspectors who target forced labor and child labor violations and who train other inspectors on these topics. (1,38,39) In 2020, regional SUNAFIL offices were established in Apurímac, Ucayali, Huancavelica, and Tacna, expanding the reach of the labor inspectorate to cover all 26 subnational entities of Peru. (9,40) Regional Directorates for Labor consist of one representative of the regional government, one representative of MTPE, and one representative of SUNAFIL. These directorates conduct inspections in workplaces with fewer than 10 registered workers. (41) The MTPE implements the child labor-free supply chains program "Child Labor-Free Seal" (Sello Libre de Trabajo Infantil or SELTI) to help agricultural producers comply with child labor laws, including in rural agricultural zones that are difficult for the labor inspectorate to regulate; activities undertaken by this program in 2021 are unknown. (42) |
|
Ombudsman's Department for Children and Adolescents (DEMUNA) |
Coordinates government policies and programs that target children and adolescents and helps the MTPE investigate child labor complaints. (9) Operates 28 offices nationwide. (17) Also works collaboratively with local municipal officials, including police, under the Semilla Project, using the Municipal Model for the Detection and Eradication of Child Labor (MIRTI) referral protocol to ensure adolescents who are removed from hazardous work receive appropriate social services. (42) |
|
Public Ministry |
Coordinates with MTPE, SUNAFIL, and the Peruvian National Police (PNP) to investigate and prosecute criminal violations of child labor laws. Maintains a specialized human trafficking prosecutorial unit in the National Prosecutor's Office. (9) |
|
Ministry of the Interior (MININTER) |
Investigates child trafficking cases and maintains a hotline to receive reports of human trafficking. (15) Provides victims and the public with information on human trafficking, refers cases of human trafficking to relevant government offices, and coordinates services for victims. (15) Within MININTER, the PNP enforce criminal laws regarding child labor and child exploitation, and maintain a human trafficking investigation unit to investigate cases of child trafficking for labor and sexual exploitation (Dirección Contra la Trata de Personas y Trafico Ilícito de Migrantes or DIRCTPTIM). Coordinates with the Public Ministry and MIMP to place rescued minors with family members or state social services. (1,2) PNP's Trafficking in Persons Directorate has approximately 150 investigators. (8) Municipal police also use the Semilla Project's MIRTI model to work collaboratively with DEMUNA to remove children and adolescents from hazardous work. (42) |
In March 2021, Congress passed a law reinforcing the government's focus on preventing and eradicating forced labor and creating a National Forced Labor Observatory. The Observatory will collect and consolidate information in coordination with the National Commission Against Forced Labor, and the Ministry of Labor and Promotion of Employment (MTPE) will administer an annual progress report to Congress on efforts to address these abuses. (14,43)
Labor Law Enforcement
In 2021, labor law enforcement agencies in Peru took actions to address child labor (Table 6). However, gaps exist within the operations of the MTPE that may hinder adequate labor law enforcement, including insufficient financial resource allocation.
|
Overview of Labor Law Enforcement |
2020 |
2021 |
|---|---|---|
|
Labor Inspectorate Funding |
$55,500,000 (9) |
$47,000,000 (13) |
|
Number of Labor Inspectors |
822 (9) |
822 (13) |
|
Mechanism to Assess Civil Penalties |
Yes (26) |
Yes (26) |
|
Initial Training for New Labor Inspectors |
Yes (9) |
Yes (13) |
|
Training on New Laws Related to Child Labor |
Yes (9) |
Yes (13) |
|
Refresher Courses Provided |
Yes (9) |
Yes (13) |
|
Number of Labor Inspections Conducted |
74,502 (40) |
85,617 (13,44) |
|
Number Conducted at Worksite |
48,676 (40) |
629 (13) |
|
Number of Child Labor Violations Found |
63 (40) |
34 (13) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
61 (40) |
50 (13) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (9) |
Unknown |
|
Routine Inspections Conducted |
Yes (9) |
Yes (13) |
|
Routine Inspections Targeted |
Yes (9) |
Yes (13) |
|
Unannounced Inspections Permitted |
Yes (45) |
Yes (45) |
|
Unannounced Inspections Conducted |
Yes (9) |
Yes (13) |
|
Complaint Mechanism Exists |
Yes (9) |
Yes (13) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (9) |
Yes (13) |
During the reporting period, the MTPE and the National Labor Inspection Superintendency (SUNAFIL), in coordination with the Public Ministry, conducted online child labor training courses for inspectors. SUNAFIL also conducted on-site courses on agricultural labor inspections at large agricultural industry compounds in the Ica region. (13) The government continued to promote the Municipal Model for the Detection and Eradication of Child Labor (MIRTI), which incorporates child labor identification criteria gathered during labor inspections carried out by municipalities, and in August 2021 approved national implementation of the model which had been in a trial phase since 2019. (9,13)
Funding remains inadequate to carry out sufficient inspections, hire new inspectors, and maintain facilities. (13) Enforcement in the informal sector, in which many child laborers are found, is insufficient.(13) SUNAFIL also prohibits inspectors from conducting follow-up programmed inspections of any given worksite within the same year. (13,46) Civil society and labor sector experts reported that training for SUNAFIL's labor inspectors was not adequate. (9) Trainings do not occur frequently enough and are limited outside of Lima, and inspectors are in need of more training on providing labor law compliance to employers and workers. (44)
The number of labor inspectors is likely insufficient for the size of Peru's workforce, which includes just under 17 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Peru would need to employ about 1,130 inspectors. (47,48) In addition, many of Peru's inspectors are "auxiliary" or junior-level inspectors with limited authority to conduct inspections until they complete 2 years of service and an examination. Auxiliary inspectors must have tenured inspectors supervise their inspection processes and review their inspection acts for any businesses with more than 10 employees. (49)
Criminal Law Enforcement
In 2021, criminal law enforcement agencies in Peru took actions to address child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient financial resource allocation.
|
Overview of Criminal Law Enforcement |
2020 |
2021 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Unknown (9) |
Yes (13) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Unknown (9) |
Yes (13) |
|
Refresher Courses Provided |
Unknown (9) |
Yes (13) |
|
Number of Investigations |
Unknown (9) |
Unknown |
|
Number of Violations Found |
20 (40) |
Unknown |
|
Number of Prosecutions Initiated |
Unknown (9) |
Unknown |
|
Number of Convictions |
Unknown (9) |
Unknown |
|
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Yes (50,51) |
Yes (52-54) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (9) |
Yes (13) |
During the reporting period, police forces in the regions of Piura and Tumbes organized a training on "Investigating Cases of Missing Persons, the Crime of Trafficking in Persons, and Smuggling of Migrants" for 308 officers. (14) Members of the National Prosecutor's Office also participated in various trainings, including one on the application of the Operation Guide for the Investigation of Crimes of Trafficking in Persons. (13) While the government did not report annual statistics on the number of convictions for crimes related to the worst forms of child labor, during the reporting period, the Public Ministry, overseen by the National Prosecutor's Office, convicted and sentenced perpetrators of the worst forms of child labor. (52-55) This included sentencing 2 individuals to 25 years' imprisonment for trafficking an 11 year old girl from the Loreto region to Lima, where she was forced into domestic service for 2 years before being rescued by authorities. (55)
Despite these efforts, previous research has indicated that investigations and prosecutions were inadequate to deter child trafficking, particularly in illegal mining areas and bars. Moreover, reports noted too few investigators, insufficient funding or resources to carry out investigations, low conviction rates, and inadequate training for MTPE investigators, police, and members of the judicial system. (13,15,17,21,56)
Through the U.S.-Peru Child Protection Compact Partnership, the United States and Peru provide financial, operational, and programmatic support to seven shelters in Peru for child victims of trafficking in persons. These shelters play a crucial role in providing support services, counseling, and reintegration services to all victims. (44) Despite these efforts, there is an insufficient number of shelters for victims of the worst forms of child labor throughout the country, including shelters to serve boys, and a lack of specialized services for victims of human trafficking. (2,14,21,56,57)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including the efficacy of action plans under the Regional Commissions for the Prevention and Eradication of Child Labor.
|
Coordinating Body |
Role & Description |
|---|---|
|
National Steering Committee for the Prevention and Eradication of Child Labor (CPETI) |
Implements the National Strategy for the Prevention and Eradication of Child Labor, which includes the Semilla Project as one of its three national pilot projects. (1) Coordinates, evaluates, and monitors efforts to prevent and eradicate child labor, proposing public policies on these issues. Led by MTPE, comprises representatives from 17 government agencies, including MININTER; the Ministries of Education and Justice; PNP; and business associations and unions. (13) In 2021, the CPETI coordinated mostly virtually and through messaging platforms due to pandemic restrictions. (13) |
|
Regional Commissions for the Prevention and Eradication of Child Labor |
Manage and implement regional public policy for the prevention and eradication of child labor. Present in all 25 regions of Peru. (58) In 2021, the MTPE sought to strengthen regional commissions' capacities to implement the national action plan against child labor and convened the 26 regional commissions in a virtual format at the launch meeting of Peru as an Alliance 8.7 "Pathfinder Country". (13) However, some Regional Commissions for the Prevention and Eradication of Child Labor have not fulfilled their mandate to create action plans to address child labor, while others have action plans but have failed to provide the necessary funding to carry them out. (1,6,59) |
|
National Commission Against Forced Labor |
Coordinates government efforts to address forced labor, including conducting research and awareness-raising campaigns, developing legislation, and strengthening Peru's institutional capacity. Led by MTPE, with the participation of eight additional government ministries. (1) Research was unable to determine whether this coordinating body was active during the reporting period. |
|
Permanent Multisectoral Commission on Illegal Mining |
Coordinates government efforts to address illegal mining by developing programs to eradicate child labor and commercial sexual exploitation of children in mining areas. Led by the Prime Minister's Office and includes representatives from regional governments and six national government agencies, including the Ministry of Energy and Mines and MININTER. (60) Exceptionally high turnover due to political instability hindered progress on the work of this commission during the reporting period. (13) |
|
Multisector Commission Against Trafficking in Persons |
Leads and coordinates government efforts on human trafficking by designing, recommending, monitoring, and implementing policies to address human trafficking, including of children, and the provision of services to victims. Chaired by MININTER, comprises 13 government agencies and 2 NGOs. (9,61) The Commission continued to function as an interministerial coordinating body during the reporting period. (13) The Ministry of Finance did not approve a multisectoral anti-trafficking budget for 2021, as per regular practice in past years, which may have impeded comprehensive work at the national level on human trafficking issues. (14) |
‡ The government has other coordinating mechanisms that may have addressed child labor issues or had an impact on child labor. (8)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of efficacy in carrying out policies.
|
Policy |
Description |
|---|---|
|
National Strategy for the Prevention and Eradication of Child Labor (2012–2021) |
Aimed to eliminate the worst forms of child labor by improving livelihoods of low-income families, educational opportunities, and working conditions for adolescents; raising awareness of child labor; and increasing child labor law enforcement. (1,18) Also sought to improve the quality of child labor data in Peru. (18) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. |
|
National Action Plan for Children and Adolescents (2012–2021) |
Established a comprehensive set of government policies for children and adolescents to eradicate the worst forms of child labor. (1,58,62) Research was unable to determine whether activities were taken undertaken to implement this policy during the reporting period. |
|
National Plan to Combat Forced Labor (2019–2022) |
Establishes policies and priorities for combating forced labor, including programs focusing on vulnerable populations, such as children. (63) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. |
|
Intersectoral Protocol Against Forced Labor |
Outlines the government's role in preventing and addressing forced labor and provides for the housing, legal defense, and educational reintegration of children and adolescent victims of forced labor. Monitored by the National Commission Against Forced Labor. (64) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. |
|
National Plan of Action Against Trafficking in Persons and its Forms of Exploitation (2022–2030) |
Serves as the roadmap to prevent, control, reduce, and prosecute trafficking in persons crimes at all levels. In 2021, the government published an updated plan against human trafficking, to be implemented starting in 2022. (14) The Ministry of the Interior is the lead on all efforts and the plan focuses on expanding preventative monitoring; improving inspection, prosecution, and criminal sanction systems; and strengthening attention to and reintegration of victims. (65) |
In 2021, the government funded and participated in programs that include the goal of eliminating child labor (Table 10). However, gaps exist in these social programs, including inadequacy of efforts to address child labor in all sectors.
|
Program |
Description |
|---|---|
|
Secondary Tutorial Program† |
Rural basic education program supported by the Ministry of Education that includes school meal plans (Qali Warma) for rural students throughout the country, including hard-to-reach indigenous communities. (42) Research was unable to identify specific actions taken during the reporting period under this program. |
|
Learn Program (Yachay)† |
MIMP program to increase access to social services for children subjected to street work, begging, and commercial sexual exploitation. The Street Educators (Educadores de Calle)† program is part of the broader Yachay Program and provides counseling and training to children engaged in child labor, begging, and street work. Operates 68 centers at the national level for educational activities, parent training, and workshops. (1,6,66) Connects working children and their families to educational and social services to withdraw them from exploitative work and improve family welfare. (8,66-68) The MIMP continued to administer the Street Educators program during the reporting period. (13) |
|
Together Program (Juntos)† |
Ministry of Development and Social Inclusion program that provides cash transfers to low-income households in 15 of the country's 25 regions. (1,6,69) Research was unable to identify specific actions taken during the reporting period under this program. |
|
USDOL-Funded Projects |
USDOL projects aim to eliminate child labor, including its worst forms, through research, improved monitoring and enforcement, policy development, and awareness-raising. In 2021, Promoting Better Understanding of Indicators to Address Forced Labor and Labor Trafficking in Peru, a 4-year project implemented by Capital Humano y Social Alternativo (CHS), provided technical assistance to improve government knowledge on the prevention and eradication of forced labor, culminating in the July 2021 congressional approval of a law that formalizes public policies focused on forced labor and also creates the National Forced Labor Observatory. (43,70) Also during the reporting period, From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project) provided technical assistance in the development of a new national policy on forced labor in coordination with the MTPE. In November 2021, the project presented to the National Commission Against Forced Labor the draft of the National Policy on Forced Labor, including a normative and conceptual framework. (71) For additional information, please see our website. |
† Program is funded by the Government of Peru.
Throughout 2021, the Ministry of Women and Vulnerable Populations (MIMP) conducted activities through the "More Control, Less Exploitation Routes" strategy, which focuses on the prevention of human trafficking of children and adolescents overland and by river, disbursing flyers and posters and producing radio and video advertisements. (14) The human trafficking investigation unit (DIRCTPTIM) also carried out the #YourComplaintIsMyVoice (#TuDenunciaEsMiVoz) campaign to raise awareness on forced labor during which more than 500 citizens listened to audio testimony from children who were forced to sell candy on the streets. (14) Reports indicate that existing social programs are not sufficient to fully address the problem of child labor in Peru, including the large number of children who perform dangerous tasks in agriculture. Peru also lacks targeted programs to assist children who are subjected to commercial sexual exploitation and children who work in mining, logging, and domestic work. (6,72,73)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Peru (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Legal Framework |
Ensure that the law criminally prohibits the recruitment of children younger than age 18 by non-state armed groups. |
2016 – 2021 |
|
Ensure that the law’s light work provisions are specific enough to prevent children from involvement in child labor. |
2017 – 2021 |
|
|
Raise the minimum age for work to the age up to which education is compulsory. |
2018 – 2021 |
|
|
Enforcement |
Publish information on labor law enforcement efforts, including whether penalties for violations were collected. |
2015 – 2021 |
|
Increase the level of funding and the resources allocated for labor and criminal law enforcement efforts related to the worst forms of child labor. |
2015 – 2021 |
|
|
Ensure adequate enforcement of child labor laws, including in the informal sector. |
2009 – 2021 |
|
|
Ensure that inspectors and criminal law enforcement personnel are properly trained on child labor and forced labor issues. |
2019 – 2021 |
|
|
Increase the number of labor inspectors to meet the ILO’s technical advice. |
2019 – 2021 |
|
|
Remove the "auxiliary inspector classification" to increase efficiency in the labor inspection process and allow inspectors to conduct follow-up programmed inspections. |
2017 – 2021 |
|
|
Publish information on training for criminal investigators, the number of investigations conducted, prosecutions initiated, and convictions. |
2015 – 2021 |
|
|
Ensure that criminal law enforcement officials conduct adequate investigations in mining areas and bars and initiate prosecutions when violations are found to deter perpetrators of the worst forms of child labor. |
2016 – 2021 |
|
|
Ensure that there are sufficient shelters, including shelters for boys, and specialized services available for victims of human trafficking. |
2019 – 2021 |
|
|
Coordination |
Ensure that Regional Commissions for the Prevention and Eradication of Child Labor develop action plans to address child labor and allocate sufficient funding to implement these plans. |
2010 – 2021 |
|
Ensure that key coordinating bodies related to the worst forms of child labor are active, publish information on annual activities, and carry out their mandates. |
2020 – 2021 |
|
|
Ensure that efforts to address trafficking in persons are fully funded by approving the multisectoral anti-trafficking budget. |
2019 – 2021 |
|
|
Government Policies |
Ensure that key policies related to the worst forms of child labor are active and that information on annual activities is published. |
2020 – 2021 |
|
Social Programs |
Enhance efforts to eliminate barriers and make education accessible for all children, in particular migrant and refugee communities, regardless of documentation. |
2014 – 2021 |
|
Publish information on activities taken under all social programs that address child labor. |
2018 – 2021 |
|
|
Expand social programs to reach a greater number of children who perform dangerous tasks in agriculture; initiate social programs to address child commercial sexual exploitation, child labor in mining, child labor in logging, and child domestic work. |
2009 – 2021 |
- U.S. Embassy- Lima. Reporting. December 21, 2018.
- U.S. Embassy- Lima. Reporting. March 12, 2019.
- ILO-MTPE. Magnitud y características del trabajo infantil en Perú: Informe de 2015 - Análisis de la Encuesta Nacional de Hogares (ENAHO) y de la Encuesta sobre Trabajo Infantil (ETI). 2016.
http://www.ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_28857/lang--es/index.htm - UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2022. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Encuesta de Trabajo Infantil (ETI), 2015. Analysis received March 2022. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
- U.S. Embassy- Lima. Reporting. January 12, 2018.
- U.S. Embassy- Lima. Reporting. February 26, 2020.
- U.S. Embassy- Lima. Reporting. February 18, 2020.
- U.S. Embassy- Lima. Reporting. February 5, 2021.
- Instituto Nacional de Estadística e Informática. Perú: Niños, Niñas y Adolescentes que Trabajan, 1993–2008. December 2009.
https://www.inei.gob.pe/media/MenuRecursivo/publicaciones_digitales/Est/Lib0875/libro.pdf - UN General Assembly. Compilation on Peru – Report of the Office of the United Nations High Commissioner for Human Rights. August 28, 2017: A/HRC/WG.6/28/PER/2.
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/250/98/PDF/G1725098.pdf?OpenElement - Verité. Risk Analysis of Indicators of Forced Labor and Human Trafficking in Illegal Gold Mining in Peru. 2013.
https://www.verite.org/wp-content/uploads/2016/11/Indicators-of-Forced-Labor-in-Gold-Mining-in-Peru_0.pdf - U.S. Embassy - Lima. Reporting. January 14, 2022.
- U.S. Embassy- Lima. Reporting. January 27, 2022.
- U.S. Embassy- Lima. Reporting. February 24, 2020.
- Peru 21. Hacían trabajar a menor de edad en una ladrillera en condiciones peligrosas. September 15, 2017.
https://peru21.pe/peru/ica-hacian-menor-edad-ladrillera-condiciones-peligrosas-376094 - Government of Peru Ombudsman official. Interview with USDOL official. October 21, 2019.
- Government of Peru. Estrategia Nacional para la Prevención y Erradicación del Trabajo Infantíl 2012-2021. 2012. Source on file.
- Expreso. Sunafil: Detectan 6 casos de explotacion infantil. November 14, 2019.
https://www.expreso.com.pe/actualidad/sunafil-detectan-6-casos-de-explotacion-infantil/ - U.S. Department of State. Trafficking in Persons Report- 2021: Peru. Washington, D.C., June 2021.
https://www.state.gov/reports/2021-trafficking-in-persons-report/peru__trashed/ - ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Peru (ratification: 2002). Published: 2020. Source on File.
- AJ+. Inside The Underage Sex Trafficking Brothels Of Peru’s Illegal Gold Mines. January 21, 2017.
https://www.youtube.com/watch?v=lJo6o_2jhvU&feature=youtu.be - Ojo Publico. Trata de personas se consolida en Puno alrededor de la mineria ilegal y la venta de cerveza. October 13, 2019.
https://ojo-publico.com/1394/trata-de-personas-por-la-mineria-ilegal-crece-en-frontera-con-bolivia - Instituto Nacional de Estadistica e Informatica. Condiciones de vida de la poblacion Venezolana que reside en Peru. 2018.
https://www.inei.gob.pe/media/MenuRecursivo/publicaciones_digitales/Est/Lib1666/libro.pdf - Government of Peru. Ley que Modifica el Artículo 51 de la Ley No. 27337, Law No. 27571. Enacted: December 4, 2001.
https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=60258 - Government of Peru. Ley 22981 que crea la Superintendencia Nacional de Fiscalización Laboral (SUNAFIL). January 14, 2013.
https://www.elperulegal.com/2013/01/ley-n-29981-ley-que-crea-la.html - Government of Peru. Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, No. 27337. Enacted: August 2, 2000.
https://www.mimp.gob.pe/files/direcciones/dga/nuevo-codigo-ninos-adolescentes.pdf - Government of Peru. Decreto Supremo, No. 003-2010-MIMDES. April 2020.
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/96104/113460/F73813669/PER96104.pdf - Government of Peru. Código Penal, No. 635. June 29, 2022.
https://lpderecho.pe/codigo-penal-peruano-actualizado/ - Government of Peru. Constitución Política del Perú. Enacted: 1993.
https://pdba.georgetown.edu/Parties/Peru/Leyes/constitucion.pdf - Government of Peru. Ley que protege a las ninas, ninos y adolescentes de la mendicidad, No. 28190. Enacted: February 26, 2004.
https://peru.justia.com/federales/leyes/28190-mar-16-2004/gdoc/ - Government of Peru. Ley del Servicio Militar, No. 29248. Enacted: June 28, 2008.
https://cdn.www.gob.pe/uploads/document/file/306136/L_29248.pdf - Government of Peru. Ley General de Educación, Ley No. 28044. Enacted: July 28, 2003.
http://www.minedu.gob.pe/p/ley_general_de_educacion_28044.pdf - Government of Peru. Reglamento de la Ley General de Educación, Decreto Supremo N 011-2012-ED. Enacted: July 6, 2012.
http://www.minedu.gob.pe/files/3926_201207101510.pdf - Government of Peru. Ley que modifica el Código Penal, el Código Procesal Penal y la Ley 28950. March 28, 2021.
https://busquedas.elperuano.pe/normaslegales/ley-que-modifica-el-codigo-penal-el-codigo-procesal-penal-y-ley-n-31146-1939453-1/#:~:text=El objeto de la presente,garantizar la representación procesal de - Government of Peru. Intendencias Regionales. SUNAFIL, Accessed January 25, 2017.
http://aplicativosweb5.sunafil.gob.pe/gissunafil/#:~:text=Las Intendencias Regionales son órganos,dentro de su ámbito territorial. - Andina. Sunafil inaugura sede en Ayacucho en beneficio de 90,000 trabajadores. January 8, 2018.
https://andina.pe/agencia/noticia-sunafil-inaugura-sede-ayacucho-beneficio-90000-trabajadores-707466.aspx - SUNAFIL representative. Interview with USDOL official. October 21, 2019.
- Government of Peru. Sunafil crea grupo especializado de inspectores para prevenir y erradicar el trabajo forzoso e infantil. January 10, 2018.
https://proactivo.com.pe/sunafil-crea-grupo-especializado-de-inspectores-para-prevenir-y-erradicar-el-trabajo-forzoso-e-infantil/ - U.S. Embassy- Lima official. E-mail communication to USDOL official. June 17, 2021.
- Government of Peru. Ley de Fortalecimiento del Sistema de Inspección del Trabajo. July 9, 2018.
https://busquedas.elperuano.pe/download/url/ley-de-fortalecimiento-del-sistema-de-inspeccion-del-trabajo-ley-n-30814-1667539-1 - United States Department of Labor. Final Performance Evaluation: Combatting Exploitative Rural Child Labor in Peru_Semilla Project. December 2019.
https://www.dol.gov/sites/dolgov/files/ILAB/evaluation_type/final_evaluation/Peru_CECL_Phase II_feval.pdf - Government of Peru. Ley que declara de interés nacional el cumplimiento de las políticas públicas para prevenir y erradicar el trabajo forzoso. July 6, 2021.
https://busquedas.elperuano.pe/normaslegales/ley-que-declara-de-interes-nacional-el-cumplimiento-de-las-p-ley-no-31330-1979384-12/#:~:text=Declárase de interés nacional el,de registro administrativo de casos - U.S. Embassy -Lima official. E-mail communication to USDOL official. June 9, 2022.
- Government of Peru. Ley General de Inspección del Trabajo. July 19, 2006.
https://diariooficial.elperuano.pe/pdf/0029/ley-28806.pdf - Government of Peru. Decreto Supremo que Modifica el Reglamento de la Ley General de Inspeccion del Trabajo, aprobado mediante Decreto Supremo Numero 019-2006-TR. May 31, 2017.
https://busquedas.elperuano.pe/download/url/decreto-supremo-que-modifica-el-reglamento-de-la-ley-general-decreto-supremo-n-007-2017-tr-1527079-1 - UN. World Economic Situation and Prospects. 2017 Statistical Annex. New York, 2017. Please see “Labor Law Enforcement: Sources and Definitions” in the Reference Materials section of this report.
https://www.un.org/development/desa/dpad/wp-content/uploads/sites/45/publication/2017wesp_full_en.pdf - ILOSTAT. ILO Labour Force Statistics (LFS) - Population and labour force. Accessed (January 25, 2022). Labor force data is government-reported data collected by the ILO. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
https://ilostat.ilo.org/data/ - U.S. Department of Labor. Technical Assistance Progress Report- Strengthening the Institutional Capacity of the Peruvian Labor Inspectorate System. April 30, 2019. Source on file.
- Government of Peru. 25 años de pena privativa de la libertad para un sujeto dedicado a la trata de personas de menores de edad. September 2, 2020.
https://www.gob.pe/institucion/mpfn/noticias/297461-25-anos-de-pena-privativa-de-la-libertad-para-un-sujeto-dedicado-a-la-trata-de-personas-de-menores-de-edad - Government of Peru. Fiscalía obtuvo prisión preventiva para sujeto por pornografía infantil. October 15, 2020.
https://www.gob.pe/institucion/mpfn/noticias/307295-fiscalia-obtuvo-prision-preventiva-para-sujeto-por-pornografia-infantil - Ministerio Publico Fiscalia de la Nacion. Sentencian a dos sujetos por delitos de trata de persona y explotación de niños y adolescentes. November 10, 2021.
https://www.gob.pe/institucion/mpfn/noticias/552959-sentencian-a-dos-sujetos-por-delitos-de-trata-de-persona-y-explotacion-de-ninos-y-adolescentes - Ministerio Publico Fiscalia de la Nacion. Sentencian a dos personas por el delito de explotación sexual en agravio de una menor de edad. January 19, 2021.
https://www.gob.pe/institucion/mpfn/noticias/325354-sentencian-a-dos-personas-por-el-delito-de-explotacion-sexual-en-agravio-de-una-menor-de-edad - Ministerio Publico Fiscalia de la Nación. Sentencias por delitos de trata de persona y explotación sexual de niños y adolescentes. July 30, 2021.
https://www.gob.pe/institucion/mpfn/noticias/508958-sentencias-por-delitos-de-trata-de-persona-y-explotacion-sexual-de-ninos-y-adolescentes - Ministerio Publico Fiscalia de la Nación. San Martín de Porres: logran sentencia de 25 años a pareja por explotación laboral. March 27, 2021.
https://www.gob.pe/institucion/mpfn/noticias/350401-san-martin-de-porres-logran-sentencia-de-25-anos-a-pareja-por-explotacion-laboral - ILO representative. Interview with USDOL official. October 23, 2019.
- ILO official. Interview with USDOL official. October 25, 2019.
- Government of Peru. Written Communication. Submitted in response to U.S. Department of Labor Federal Register Notice (September 30, 2016) "Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor." December 13, 2016. Source on file.
- Government of Peru, Ministry of Labor official. Interview with USDOL official. October 21, 2019.
- Government of Peru, Defensoria del Pueblo. Gestión del Estado frente a la Minería Informal e Ilegal en el Perú. 2013.
http://www.defensoria.gob.pe/modules/Downloads/informes/varios/2013/Informe-N-001-2013-DP-AMASPPI-MA.pdf - U.S. Embassy- Lima. Reporting. February 26, 2021.
- Government of Peru. Dirección General de Niñas, Niños y Adolescentes - ¿Quienes Somos? Ministerio de la Mujer y Poblaciones Vulnerables, Accessed February 17, 2017.
http://www.mimp.gob.pe/homemimp/direcciones/dgnna/pagina-dgnna.php - Government of Peru. Decreto Supremo que aprueba el III Plan Nacional para la Lucha contra el Trabajo Forzoso 2019–2022. September 18, 2019.
https://cdn.www.gob.pe/uploads/document/file/362693/Decreto_Supremo_que_aprueba_el_III_Plan_Nacional_para_la_Lucha_contra_el_Trabajo_Forzoso_2019_-_2022.pdf - Government of Peru. Decreto Supremo que aprueba el protocolo intersectorial contra el trabajo forzoso, Decreto Supremo Nº 011-2014-TR. Enacted: October 2, 2014.
http://www.mintra.gob.pe/archivos/file/SNIL/normas/2014-10-03_011-2014-TR_3715.pdf - Government of Peru. Decreto Supremo que aprueba la Politica Nacional frente a la trata de personas y sus fromas de explotacion. July 27, 2021.
https://observatorioviolencia.pe/wp-content/uploads/2021/09/decreto-supremo-que-aprueba-la-politica-nacional-frente-a-la-decreto-supremo-no-009-2021-in-1976596-1.pdf - Government of Peru. Programa Integral Nacional para el Bienestar Familiar. September 2019.
https://www.gob.pe/inabif - Government of Peru. MIMP: 500 niñas, niños y adolescentes del servicio Educadores de Calle disfrutaron de show navideño. December 16, 2018.
https://www.gob.pe/institucion/mimp/noticias/23736-mimp-500-ninas-ninos-y-adolescentes-del-servicio-educadores-de-calle-disfrutaron-de-show-navideno - Nacional. Mil familias usuarias del servicio educadores de calle participaron de jornada de integración. October 27, 2018.
https://www.radionacional.com.pe/informa/locales/mil-familias-usuarias-del-servicio-educadores-de-calle-participaron-de-jornada-de-integracion - Government of Peru. Programa Nacional de Apoyo Directo a lo mas Pobres- JUNTOS. June 10, 2019.
https://www.gob.pe/588-programa-nacional-de-apoyo-directo-a-los-mas-pobres-juntos-programa-juntos - U.S. Department of Labor. Technical Progress Report – Peru: Promoting Better Understanding of Indicators to Address Forced Labor and Trafficking. April 30, 2022. Source on file.
- U.S. Department of Labor. Technical Progress Report_BRIDGE Project Peru. March 31, 2022. Source on file.
- U.S. Department of State. Trafficking in Persons Report- 2017: Peru. Washington, D.C., June 27, 2017.
https://www.state.gov/reports/2017-trafficking-in-persons-report/peru__trashed/ - U.S. Embassy- Lima. Reporting. January 13, 2017.
your hand? Download ILAB's Sweat & Toil App today!