2019 Findings on the Worst Forms of Child Labor: Peru

 

In 2019, Peru made a significant advancement in efforts to eliminate the worst forms of child labor. The government published a law modifying the Penal Code to strengthen penalties for the sexual exploitation of women and minors and drafted an executive decree to establish a standardized government procedure to register adolescent workers. Under Operation Mercury to stop illegal gold mining, Peruvian authorities also dismantled a human trafficking network in the Madre de Dios region. In addition, the government renewed the National Plan to Combat Forced Labor for the 2019–2022 period and the Ministry of Women and Vulnerable Populations approved a guide for the reintegration of human trafficking victims. Moreover, under the Semilla Project, the Ministry of Labor created the Child Labor Free Seal which recognizes products and services whose supply chains are free of child labor. However, children in Peru engage in 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. In addition, labor law enforcement agencies in Peru lack sufficient inspectors and training to adequately combat child labor.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Peru engage in 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 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 sierra and jungle regions than in the coastal region, and 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.

Table 1. Statistics on Children’s Work and Education

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 (%)

 

96.1

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (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.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Transplanting and harvesting rice, collecting and harvesting Brazil nuts/chestnuts (1,2)

 

Fishing,† including deep sea fishing,† organizing tools, throwing fishing lines and nets,† unloading ships, harvesting crabs and shrimp eggs, and cleaning shrimp and prawns for packaging† (1,3-6)

 

Logging† timber and clearing forestland for mining, including cutting down and burning trees (3,6,7)

Industry

Mining,† including for silver and gold (6-9)

 

Construction and production of bricks† and fireworks†, metal manufacturing (6-11)

Services

Street work,† including vending, begging, shoe shining, carrying loads, selling in kiosks and markets, collecting fares on public buses,† and washing cars (3,6,8,12)

 

Treating leather and working on shoes, tailoring work (8,13)

 

Repairing motor vehicles† (14)

 

Garbage scavenging† (7,15,16)

 

Working in restaurants, domestic work† and cleaning offices and hotels (7-9)

Categorical Worst Forms of Child Labor‡

Forced labor in mining, including gold mining (6,9,14,17,18)

 

Forced labor in logging timber, street vending, and begging (6,9,15-18)

 

Forced domestic work, sometimes as a result of human trafficking (6,9,19)

 

Commercial sexual exploitation, including in bars, nightclubs, brothels, and mining camps, each sometimes as a result of human trafficking (6,19,20)

 

Growing and processing coca (stimulant plant), sometimes as a result of human trafficking, and transporting drugs (1,6,9,19,21,22)

 

Counterfeiting U.S. dollars and lightbulbs (3,19,23,24)

 

Recruitment of children by non-state armed groups for use in armed conflict (9,19)

† 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, and are exposed to hazards, including wall and mine collapses, landslides, explosives accidents, and exposure to mercury and harmful gases. Near mining areas, children are also subjected to commercial sexual exploitation, sometimes as a result of human trafficking. (2,11,18,28-30) Young girls from Ecuador, Colombia, and Venezuela are also subjected to commercial sexual exploitation, domestic work, and forced labor in mining regions. (29) Remnants of the Shining Path terrorist group continue to use children in combat, domestic servitude, and drug trafficking. (11,21) Forced labor in support of narco trafficking can include using hazardous chemicals to process coca or working as a drug courier. (11) Communities located near illegal mining operations are often isolated and lack a permanent government presence, increasing the likelihood of illicit activity, including commercial sexual exploitation and labor trafficking of girls who are indebted for transportation fees. (13)

The influx of more than 800,000 Venezuelan migrants and refugees into Peru since 2017 may have exacerbated child labor and human trafficking. (11,31) During the 2019 school cycle, the Ministry of Education struggled to provide free public education to approximately 35,000 Venezuelan students, 71 percent of them in Lima alone. (11,32) The 2018 National Institute of Statistics report found that an estimated 54 percent of Venezuelan children ages 6 to 11 were not enrolled in school, with both a lack of economic resources and necessary documentation being barriers to education access. (11,33) However, the Peruvian government did take measures throughout the reporting period to ensure that Venezuelan families were aware of the process for enrollment and the educational assessment process in place for students without documentation. (34,35)

Indigenous and Afro-Peruvian children and children from rural communities experience lower school enrollment and completion rates, with indigenous children being especially vulnerable to dropping out of school and engaging in hazardous work in agriculture. (12,36,37) NGOs and government officials report that there is a lack of data on migration and forced labor; however, in 2019 the National Institute of Statistics and Technology and the ILO worked on a forced labor survey in the Cusco region to address this issue. (15,22,23,38)

The swift removal of several sitting presidents in recent years, ultimately leading to the dissolution of Congress in late 2019, may have impacted work on child labor issues during the reporting period due to the high turnover of staff in each cabinet. (15,22,39)

II. Legal Framework for Child Labor

Peru has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

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 child recruitment by non-state armed groups.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

14

Article 51 of the Child and Adolescent Code (25)

Minimum Age for Hazardous Work

Yes

18

Article 58 of the Child and Adolescent Code (26)

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 (26,27)

Prohibition of Forced Labor

Yes

 

Articles 2 and 23 of the Constitution; Article 4 of the Child and Adolescent Code; Articles 128, 129, 153, 168, and 182 of the Penal Code; Article 153 of the Law Against Trafficking of Persons and the Illicit Trafficking of Migrants; Article 153 of the Law that Perfects the Typification of the Crime of Trafficking of Persons (26,28-31)

Prohibition of Child Trafficking

Yes

 

Article 4 of the Child and Adolescent Code; Articles 153 and 182 of the Penal Code; Article 153 of the Law Against Trafficking in Persons and the Illicit Trafficking of Migrants (26,28-30)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 4 of the Child and Adolescent Code; Articles 153, 153-H, 153-J, and 179–183-B of the Penal Code (26,29,32)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 128 and 297 of the Penal Code (29,33)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Articles 2, 6, and 42 of the Military Service Law (34)

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 (31,35-37)

Free Public Education

Yes

 

Article 17 of the Constitution; Article 4 of the General Education Law (31,35)

‡ Age calculated based on available information (42,46-49)

In 2019, the government published a law modifying the Penal Code, which added multiple new provisions that defined additional crimes and strengthened penalties for the commercial sexual exploitation of children. The government also established a single, standardized procedure to process work authorizations for adolescents. Regional labor departments will have to carry out an evaluation of the proposed work activities to ensure that they will not affect the health, safety, or school attendance of the adolescents involved. These evaluations will be used by the National Labor Inspection Superintendency (SUNAFIL) to target labor inspections. (11,30,51) The National Commission for the Prevention and Eradication of Child Labor also agreed to update the list of hazardous work for adolescents with guidance from the ILO's Latin America and Caribbean Free of Child Labor Regional Initiative using studies of agriculture supply chains developed under the Semilla Project. (11)

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. (11,39) 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. (36,42,46,47)

III. Enforcement of Laws on Child Labor

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 the Ministry of Labor and Promotion of Employment (MTPE) that may hinder adequate enforcement of their child labor laws, particularly in the informal sector.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Promotion of Employment (MTPE)

Sets national policies and guidelines for labor law enforcement, including for inspections. (38,39) Maintains an online reporting service to receive complaints of labor law violations. (40) Responsible for supporting the National Labor Inspection Superintendency (SUNAFIL), which enforces labor laws in 16 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. (3,41-43) SUNAFIL maintains a dedicated unit of 10 inspectors who target forced labor and child labor violations and who train other inspectors on these topics. (3,43,44) Regional Directorates for Labor consist of one representative of the regional government, one representative of MTPE, and one representative of SUNAFIL. These directorates operate in regions without a SUNAFIL office and conduct inspections in workplaces with fewer than 10 registered workers. (45) The Department of Promotion and Protection of Fundamental Labor Rights implements the child labor free supply chains program [Child Labor Free Seal/Sello Libre de Trabajo Infantil (SELTI)], to help agricultural producers comply with child labor laws, including in rural agricultural zones that are difficult for the labor inspectorate to regulate. (46)

Ombudsman's Department for Children and Adolescents (DEMUNA)

Coordinates government policies and programs that target children and adolescents. Helps MTPE investigate child labor complaints. (47) Operates 28 offices nationwide, one per region, with 10 modules, or small offices. (11) Works collaboratively with local municipal officials, including police, under the Municipal Management Model's referral protocol, to ensure adolescents who are removed from hazardous work receive appropriate social services. (46)

Public Ministry

Coordinates with MTPE, SUNAFIL, and the National Police to investigate and prosecute cases of criminal violations of child labor laws. Maintains a specialized human trafficking prosecutorial unit in the Public Prosecutor's Office. (48)

Ministry of the Interior (MININTER)

Investigates child trafficking cases. (9) Maintains a hotline to receive reports of human trafficking. Provides victims and the public with information on human trafficking, refers cases of human trafficking to the relevant government offices, and coordinates services for victims. (9,49) Within MININTER, the Peruvian National Police (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. Coordinates with the Public Ministry and MIMP to place rescued minors with family members or state social services. (3,19) PNP's Trafficking in Persons Directorate has approximately 150 investigators. (6) Municipal police also use the Semilla Project's Municipal Management Model to work collaboratively with DEMUNA to remove children and adolescents from hazardous work. (46)

MIMP Children's Bureau

Designs, promotes, coordinates, monitors, and evaluates government policies and programs for the well-being of children. (47,50) Provides social services to children found in the worst forms of child labor and refers cases to MTPE. (6)

In 2019, SUNAFIL opened 5 new regional inspection offices in Junin, Lima, Madre de Dios, Pasco, and San Martin, resulting in 21 offices across Peru's 25 regions and the Province of Lima. (11,59) The Peruvian National Police (PNP) also established a local presence in Madre de Dios. (13)

Labor Law Enforcement

In 2019, labor law enforcement agencies in Peru took actions to combat child labor (Table 6). However, gaps exist within the operations of the MTPE that may hinder adequate labor law enforcement, including insufficient financial resources.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2018

2019

Labor Inspectorate Funding

$43,000,000 (3)

$52,000,000 (6)

Number of Labor Inspectors

686 (51)

607 (6)

Inspectorate Authorized to Assess Penalties

Yes (3)

Yes (6)

Initial Training for New Labor Inspectors

Yes (3)

Yes (6)

Training on New Laws Related to Child Labor

Yes (3)

Yes (6)

Refresher Courses Provided

Yes (3)

Yes (6)

Number of Labor Inspections Conducted

Unknown (3)

55,928 (6)

Number Conducted at Worksite

Unknown (3)

Unknown (6)

Number of Child Labor Violations Found

Unknown (3)

26‡ (6)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown (3)

Unknown (6)

Number of Child Labor Penalties Imposed that Were Collected

Unknown (3)

Unknown (6)

Routine Inspections Conducted

Yes (3)

Yes (6)

Routine Inspections Targeted

Yes (3)

Yes (6)

Unannounced Inspections Permitted

Yes (3)

Yes (6)

Unannounced Inspections Conducted

Yes (3)

Yes (6)

Complaint Mechanism Exists

Yes (3)

Yes (6)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (3)

Yes (6)

‡ Data are from March to October 2019.

From March to October 2019, SUNAFIL's special inspection group on forced labor and child labor, comprising 10 labor inspectors, conducted inspections throughout the country, ultimately removing 26 minors from child labor. (59,62) In January 2019, SUNAFIL inspectors carried out a joint operation with the PNP and the Attorney General's trafficking in persons office at a brickyard in Cusco where five minors between the ages of 13 and 17 worked. In April and May 2019, SUNAFIL followed up with a series of awareness-raising workshops for brickyard employers and workers in the region about forced labor and child labor. (11,13) In March, SUNAFIL and the PNP's anti-trafficking unit also removed three minors from the Gamarra garment district of Lima and who had been working in dangerous conditions by operating industrial sewing machines without proper authorization. (11,13) In 2019, SUNAFIL, the MTPE, and the Public Ministry coordinated child labor training for more than 3,800 labor inspectors and regional government officials. During the reporting period, SUNAFIL continued to remove children from dangerous working conditions in quarries, timber fields, markets, public transportation, restaurants, and the metal manufacturing industry and trained at-risk adolescents at non-traditional education centers. (11,59)

Despite these efforts, NGOs, the MTPE, and SUNAFIL report that budgetary constraints continue to hamper efforts to address child labor in Peru. Although the inspection budget has increased each year, funding remains inadequate to carry out inspections, train inspectors, and maintain offices. (1,6,11,63) Civil society and labor sector experts reported that SUNAFIL labor inspector training was not adequate to reduce child labor. (11) Not all labor inspectors receive regular training on child labor and forced labor, although SUNAFIL reported that it was working on expanding this training to more inspectors. (59) Enforcement against child labor in the informal sector, which is a large portion of Peru's economy, remains inadequate due to these constraints. (11) Despite efforts to expand SUNAFIL's reach, experts have noted the lack of labor inspections in rural areas. (11,59)

The number of labor inspectors is likely insufficient for the size of Peru's workforce, which includes over 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 employ about 1,135 inspectors. (66,67) 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. (68) Auxiliary inspectors must have full inspectors supervise their inspection processes and review their inspection acts for any businesses with more than 10 employees. (65,68) SUNAFIL reported plans to remove the auxiliary inspector classification and require that all inspectors at the national level be full-fledged inspectors with full authority. (65) SUNAFIL prohibits inspectors from conducting follow-up inspections of any given worksite within the same year. (68) Furthermore, SUNAFIL collected no fines for child labor violations issued between 2014 and 2019 because the fines remained in the judicial appeals process. (1,6,69)

Throughout the reporting period, the MTPE implemented the risk identification model by using information from the national household survey to identify regional areas of risk for child labor and better target efforts on prevention and eradication. (23,70) Also, under the Semilla Project, the government adopted the Municipal Model for Child Labor Detection and Response, formally establishing a referral system for cases of child labor detected at the municipal level. The model, developed and implemented in conjunction with the Ombudsman's Department for Children and Adolescents (DEMUNA), incorporates child labor oversight into the existing enforcement function of municipal governments with regard to regulating public spaces, including by imposing sanctions, such as closing down establishments engaging in the worst forms of child labor; establishing a referral system for cases of child labor detected at the municipal level; promoting local governments as child labor free zones; launching a municipal adolescent worker registry; and showcasing local businesses that comply with child labor laws. (23,60) However, the MTPE failed to replicate critical components of the model during its adoption and expansion. (59)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Peru took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient financial resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2018

2019

Initial Training for New Criminal Investigators

Yes (3)

Yes (6)

Training on New Laws Related to the Worst Forms of Child Labor

Yes (3)

Yes (6)

Refresher Courses Provided

Yes (3)

Yes (6)

Number of Investigations

Unknown (3)

Unknown (6)

Number of Violations Found

Unknown (3)

Unknown (6)

Number of Prosecutions Initiated

Unknown (3)

Unknown (6)

Number of Convictions

Unknown (3)

Unknown (6)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Yes (3)

Yes (52)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (3)

Yes (6)

In 2019, the Government of Peru continued "Operation Mercury" to combat the pervasive practice of illegal gold mining in the Amazonian region, which has historically fostered child labor, forced labor, and commercial sexual exploitation. (71) In September 2019, during this operation, Peruvian authorities dismantled a human trafficking network in Madre de Dios, arresting 15 people, including 2 officers with the PNP who were accused of providing information about police operations to the network. (72) In June 2019, the Peruvian government convicted a couple for human trafficking, labor exploitation, and enslavement following the heavily publicized case of forced labor found at their illegal workshop in Lima, which caught fire and killed two workers, including a 17 year old. (11,13) In November 2019, the trafficking in persons prosecutors' mandate was expanded under the modifications made in the Penal Code to include crimes of sexual exploitation, forced labor, and slavery, which previously were handled by general prosecutors. (13) Although these changes were recognized as a positive advancement, both government and civil society officials noted that justice system operators will require significant training to understand these changes in an already complex legal system. (13)

Despite these efforts, reports indicate 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. (2,11,13,15,22,30)

In December, members of the MTPE, DEMUNA, the Ministry of the Interior's (MININTER) trafficking team, and the Educadores de la Calle program worked together to assist eight children who were involved in forced street work in the city of Chimbote. (73) In 2019, the Ministry of Women and Vulnerable Populations (MIMP) established five new shelters dedicated specifically to child trafficking victims, for a total of seven shelters for children in Peru. (13) However, these shelters only serve girls. (13) In 2019, MIMP also approved a guide for the reintegration of trafficking victims, designating MIMP as the lead agency for the management of these plans. (11,74,75) The Minister of MIMP also met with members of the armed forces and national police working to combat labor issues in the mining sector through Operation Mercury in the Madre de Dios region. During the visit, she reinforced the need to identify victims of human trafficking and child commercial sexual exploitation and refer them to the recently renovated local shelter "Centro de Acogida Residencial Florecer." (73) Despite the increase in shelters, there is an insufficient number of shelters throughout the country, including shelters to serve boys. In addition, there is a lack of specialized services for victims of human trafficking. (2,22,30,76)

IV. Coordination of Government Efforts on Child Labor

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 creation and implementation of action plans under the Regional Commissions for the Prevention and Eradication of Child Labor.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Commission 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. (3,40) Proposes public policies and coordinates, evaluates, and monitors government actions to combat child labor. Maintains subcommittees, including on informal mining, child labor in indigenous villages, and project evaluations. (47) Led by MTPE, comprises representatives from 17 government agencies, including MININTER; the Ministries of Education and Justice; PNP; and business associations, unions, and NGOs. (47,53) During the reporting period, the Commission met on a monthly basis and collaborated with MTPE and the Semilla Project to create the Child Labor Free Seal. (6,54,55)

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. (56) Some Regional Commissions for the Prevention and Eradication of Child Labor have not fulfilled their mandate to create action plans to combat child labor, while others have action plans but have failed to provide the necessary funding to carry them out. (3,1,20) In 2019, the regional commission for Metropolitan Lima organized a MTPE-led training for 95 local government officials on protocols related to child labor, forced labor, and human trafficking. (57) The regional commissions also received technical assistance from the MTPE's General Directorate of Fundamental Rights and Health and Safety at Work which included analysis of the commissions to achieve leveling capacities between the regions and improve policy implementation. (6)

National Commission Against Forced Labor

Coordinates government efforts to combat forced labor, including conducting research and awareness-raising campaigns, developing legislation, and strengthening Peru's institutional capacity to address forced labor. Led by MTPE, with the participation of eight additional government ministries. (3) In 2019, held two sessions, one in which members agreed to update the National Plan to Combat Forced Labor for the 2019–2022 period, and one in which members approved the 2019 Annual Operation Plan. (6)

Permanent Multi-Sectoral 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. (58) Met several times in 2019 to plan interventions across the country to address illegal mining, forced labor, child labor, and dangerous working conditions. (59,60)

Multi-Sector Commission Against Trafficking in Persons

Leads and coordinates government efforts to combat human trafficking by designing, recommending, monitoring, and implementing policies to combat human trafficking, including of children. Chaired by MININTER, comprises 12 government agencies, including MTPE, MIMP, and the Ministries of Justice, Education, and Health. (61) In 2019, the Commission held training and awareness workshops for 774 individuals in 10 regions of the country and videoconferencing sessions for 4 regions on forced labor and its link to human trafficking. In November, the Commission also held a trafficking identification workshop for the PNP's Special Operations Unit. (6) However, the Commission and the Ministry of Finance and Economy missed the deadline of September 2019 to produce a multi-sectoral anti-trafficking budget, which contributed to anti-trafficking budget cuts across government ministries including MININTER. (9)

‡ The government has other coordinating mechanisms that may have addressed child labor issues or had an impact on child labor. (11)

In 2019, the MTPE and Ecuador's Ministry of Labor signed an Action Plan (2019–2020) to exchange experiences on the prevention and eradication of child labor. (83) The MTPE also signed an inter-institutional agreement with the Government of Chile to exchange knowledge and experiences on the eradication of child labor, youth employment, job skill certification, and occupational safety and health. (84)

Under the U.S.-Peru Child Protection Compact Partnership Bilateral Dialogue (2017–2021), the Peruvian government pledged to provide $2.4 million to increase personnel of the relevant member entities of the Multi-sectoral Commission Against Trafficking in Persons to strengthen prosecution of child trafficking crimes, identification of child victims, and coordination of protective services. (13)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9).

Table 9. Key Policies Related to Child Labor

Policy

Description

National Strategy for the Prevention and Eradication of Child Labor (2012–2021)

Aims 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. (3,12,56) Also seeks to improve the quality of child labor data in Peru. (12) In 2019 under this strategy, MTPE held an event in Lima to raise awareness in commemoration of World Day Against Child Labor. (62) The Minister of Labor and the Superintendent of SUNAFIL also met with local municipal leaders in the La Libertad region to reinforce inter-institutional work on eradicating child labor and forced labor, highlighting the important role that local mayors play in these efforts. (63) Members of MTPE also met with municipal mayors in Chincha, Ica, Nazca, Plapa, and Pisco to discuss efforts to eradicate child labor and dangerous adolescent work and develop a series of technical assistance workshops on SUNAFIL's inspection and sanction process. (20,64)

National Action Plan for Children and Adolescents (2012–2021)

Establishes a comprehensive set of government policies for children and adolescents to eradicate the worst forms of child labor. (3,50,56) The National Commission for the Prevention and Eradication of Child Labor (CPETI) met in September 2019 to discuss advances made under this strategy. (54,65)

National Plan to Combat Forced Labor (2019–2022)†

Establishes policies and priorities for combating forced labor, including programs and projects focusing on the most vulnerable populations, such as children. (56,66) In September 2019, the government of Peru renewed this national plan for the 2019–2022 period as part of its commitments under Alliance 8.7 to eliminate the worst forms of child labor. (9,66,67)

Inter-sectoral Protocol Against Forced Labor

Outlines the government's role in combating 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. (56,68,69) In 2019, the National Commission proposed that February 1st be recognized as Peru's National Day in the Fight Against Forced Labor; the proposal passed in early 2020. (6,70)

National Plan of Action Against Trafficking in Persons (2017–2021)

Aims to prevent and reduce human trafficking by addressing root causes, prosecuting perpetrators, assisting victims, and strengthening programs for vulnerable populations, including child laborers. (3,19,71,72) Emphasizes the needs of human trafficking victims through a dedicated Victim Reintegration Plan. (3,19) In 2019, under this plan, individual government ministries and bodies were actively engaged in anti-trafficking efforts at the national, regional, and local levels through prevention, prosecution, and protection actions. In addition, 24 regions created their own anti-trafficking plans to increase efforts. (9)

† Policy was approved during the reporting period.

In 2019, the Government of Peru became one of the 17 countries designated as a "Pathfinder Country" under the ILO's Alliance 8.7 program to eliminate child labor by 2025 and forced labor and human trafficking by 2030, solidifying its commitment to significantly accelerate efforts in these areas, specifically through the use of the ILO's Child Labor Risk Identification Model. (94) The government also approved a National Multi-sectoral Policy to Combat Organized Crime (2019–2030), which establishes strategic actions to prevent and eradicate the sexual exploitation of children and adolescents. (11)

VI. Social Programs to Address Child Labor

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of efforts to address the problem in all sectors.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Educational Programs†

The Carabayllo Project provides scholarships, education assistance, psychological help, and other services to 1,000 families and 1,500 children to reduce urban child labor, especially in garbage dumps. (15,16,48) The government did not provide information on activities taken under this project in 2019 for inclusion in this report. The Secondary Tutorial Program is a 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. (46) In 2019, the Ministry of Education issued a resolution approving this model program, the first of its kind, and giving its participants access to the Qali Warma school meal plan, thereby expanding access to nutrition and education. (46)

Learn Program (Yachay)†

MIMP program to increase protection and access to social services for children subjected to street work, begging, and commercial sexual exploitation. (76) 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. (3,1,77) Connects working children and their families to educational and social services to withdraw them from exploitative work and improve family welfare. (6,77-80) Between January and November 2019, the Educadores de Calle program reached 7,922 children throughout the country, and of those children, 1,090 discontinued their street work. (6)

Together Program (Juntos)†

Ministry of Development and Social Inclusion program that provides cash transfers to approximately 763,000 w-income households in 15 of the country's 25 regions. (3,1,40,82) The program was active during the reporting period and closed out 2019 with 747,540 families affiliated with its benefits.(83)

USDOL-Funded Projects

USDOL projects that aim to eliminate child labor, including its worst forms, through research, improved monitoring and enforcement, policy development, and awareness-raising. These projects include Promoting Better Understanding of Indicators to Address Forced Labor and Labor Trafficking in Peru, a $2 million, 4 year project implemented by Capital Humano y Social Alternativo (CHS); Proyecto Semilla (Seed Project): Combating Exploitative Rural Child Labor in Peru, a $16.25 million, 8 year project implemented by Desarrollo y Autogestión; Engaging Workers and Civil Society to Strengthen Labor Law Enforcement, a $2.8 million, 3-year project implemented by the American Center for International Labor Solidarity; and From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project), a global project implemented by ILO. Additional information is available on the USDOL website. (46,84) In 2019 under the Semilla Project, the MTPE created the Child Labor Free Seal [Sello Libre de Trabajo Infantil (SELTI)], which recognizes companies and organizations, including cooperatives and associations, that incorporate specific measures to monitor, prevent, and eradicate child labor in their production processes and supply chains. Businesses receive training on child labor from the MTPE and support for access to socially responsible markets. (46,55,85) The Semilla Project and MTPE also hosted an international forum in July on "Productive Supply Chains without Child Labor: Public Policy and Social Responsibility" as an opportunity for regional government officials, business leaders, and civil society to exchange experiences on promoting child labor free social responsibility in the agricultural sector. (86)

† Program is funded by the Government of Peru.

In 2019, the government issued a law that recognizes the implementation of temporary shelters for victims of human trafficking and sexual exploitation as a national interest and public need and mandates the design of a multi sectoral-funded program to address these issues. (11,13,50)

However, 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. (6,109,110)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Peru (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

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 – 2019

 

Ensure that the law's light work provisions are specific enough to prevent children from involvement in child labor.

2017 – 2019

 

Raise the minimum age for work to the age up to which education is compulsory.

2018 – 2019

Enforcement

Publish information on the number of labor law enforcement efforts including the number of inspections conducted at work sites and violations for which penalties were imposed and collected.

2015 – 2019

 

Ensure that inspectors are properly trained on child labor and forced labor issues.

2019

 

Ensure adequate enforcement of child labor laws, particularly in the informal sector, including in artisanal mining and domestic work.

2009 – 2019

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2019

 

Increase the collection rate for fines related to child labor law violations to deter future violations.

2015 – 2019

 

Establish National Labor Inspection Superintendency offices in all regions of Peru to support labor law enforcement throughout the country, including rural areas, and remove the "auxiliary inspector classification" to increase efficiency in the inspection process.

2017 – 2019

 

Ensure that there are sufficient shelters, including shelters for boys, and specialized services available for victims of trafficking.

2019

 

Increase the level of funding and the resources allocated for labor and criminal law enforcement related to the worst forms of child labor, including for increased training on the worst forms of child labor for criminal investigators.

2015 – 2019

 

Publish information on the total number of criminal investigations conducted, violations found, prosecutions initiated, and convictions related to the worst forms of child labor.

2015 – 2019

 

Ensure that authorities conduct adequate inspections, investigations, and prosecutions in mining areas and bars to deter the worst forms of child labor.

2016 – 2019

Coordination

Ensure that Regional Commissions for the Prevention and Eradication of Child Labor develop action plans to combat child labor and allocate sufficient funding to implement these plans.

2010 – 2019

 

Ensure that efforts to address trafficking in persons of minors are fully funded by the approval of a multi-sectoral anti-trafficking budget.

2019

Social Programs

Enhance efforts to eliminate barriers and make education accessible for all children, regardless of documentation, in particular in indigenous and Afro-Peruvian communities and rural areas, and in Venezuelan migrant and refugee communities.

2014 – 2019

 

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 – 2019

 

Publish information on activities taken under all social programs that address child labor.

2018 - 2019

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