In 2020, Peru made significant advancement in efforts to eliminate the worst forms of child labor. The government passed Law 31047, which set the minimum age for domestic work at 18 years. The labor inspectorate also carried out joint inspections with the police to identify children working in dangerous conditions in Lima's garment district. In addition, a regional ordinance was enacted to create provincial and district commissions to fight trafficking in persons, migrant smuggling, and forced labor in the Arequipa Region. The Ministry of Labor granted the Child Labor Free Seal certification to seven socially responsible businesses that produce agricultural export goods. The Street Educators program also assisted over 6,000 children. 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. Also, labor law enforcement agencies in Peru lack sufficient inspectors and training to adequately combat child labor, and the government did not provide complete information on labor or criminal enforcement efforts against the worst forms of 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 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, 2021. (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,† 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† (1,6,8-10) |
|
|
Logging† timber and clearing forestland for mining, including cutting down and burning trees (1,9-12) |
|
|
Industry |
Mining,† including for silver and gold (3,9,11,13) |
|
Production of bricks† and fireworks†, construction, and metal manufacturing (3,9-15) |
|
|
Services |
Street work,† including vending, begging, shoe shining, carrying loads, selling in kiosks and markets, collecting fares on public buses,† and washing cars (1,3,9,10,16) |
|
Treating leather, repairing shoes, and tailoring work (3,17) |
|
|
Repairing motor vehicles† (12) |
|
|
Garbage scavenging† (11) |
|
|
Working in restaurants, domestic work† and cleaning offices and hotels (3,10,11,13) |
|
|
Categorical Worst Forms of Child Labor‡ |
Forced labor in mining, including for gold (9,10,12-20) |
|
Forced labor in logging timber, street vending, and begging (9,10,13,19-21) |
|
|
Forced domestic work, sometimes as a result of human trafficking (2,9,10,13,19) |
|
|
Commercial sexual exploitation, including in bars, nightclubs, brothels, and mining camps, each sometimes as a result of human trafficking (2,9,10,12) |
|
|
Growing and processing coca (stimulant plant), sometimes as a result of human trafficking, and transporting drugs (2,6,9,10,13) |
|
|
Counterfeiting U.S. dollars and lightbulbs (1,2,22)
|
|
|
Recruitment of children by non-state armed groups for use in armed conflict (2,10,13) |
† 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. These children are exposed to hazards, including mercury and harmful gases, wall and mine collapses, landslides, and explosives accidents. (2,9,12,20,23) 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. (2,9,12,20,24,23) Young girls from Colombia, Ecuador, and Venezuela are also subjected to commercial sexual exploitation, domestic work, and forced labor in mining regions of Peru. (25) In addition, remnants of the Shining Path terrorist group continue to use children in combat, domestic servitude, and drug trafficking. (9,10,20) 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. (9,10)
In-person education was suspended in 2020 due to the COVID-19 pandemic, which led to an increase in school dropout rates. (10) Only 1 in 3 households in Peru had a home computer in 2020, making virtual learning difficult. (26) As of September, 230,000 primary and secondary students dropped out, while an additional 200,000 secondary enrolled students were not attending school. (10) In June, the dropout rate increased to 3.5 percent for primary students compared to 1.3 percent in the previous year, and to 4 percent from 3.5 percent for secondary-enrolled students. (10)
The Ministry of Education also struggled to provide free public education due to the surge of an estimated 170,000 Venezuelan refugee and migrant children over the last 3 years. 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. (9,10,27,28) Moreover, retention of the Venezuelan students who gained access to the education system was often impacted by their families’ lack of economic resources and sustainable livelihoods. (10) This situation was aggravated in 2020 by the pandemic and its economic consequences, which hit the vulnerable Venezuelan migrant population particularly hard. (10)
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 child recruitment by non-state armed groups.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
14 |
Article 51 of the Child and Adolescent Code (29) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Article 58 of the Child and Adolescent Code (30) |
|
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 (30,31) |
|
|
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 (30,32-35) |
|
|
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; Article 153 of the Law that Perfects the Typification of the Crime of Trafficking of Persons (30,32-34) |
|
|
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; Article 1 of Law 30963 Modifying the Penal Code (30,33,36,37) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Articles 128 and 297 of the Penal Code; Law 28190 Protecting Children and Adolescents from Begging (33,38) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Articles 2, 6, and 42 of the Military Service Law (39) |
|
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(35,40,41) |
|
Free Public Education |
Yes |
Article 17 of the Constitution; Article 4 of the General Education Law (35,40) |
‡ Age calculated based on available information (35,40-42)
In 2020, Congress passed Law 31047, which set the minimum age for domestic work at 18 years. (10,43) The National Steering Committee for the Prevention and Eradication of Child Labor (CPETI) also approved a proposal to update Peru's hazardous work list. (10)
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. (9,29) 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. (30,35,40,41)
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. (44) 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. (1,10,45-47) MIMP provides social services to children found in the worst forms of child labor and refers cases to the MTPE. (9) SUNAFIL maintains a dedicated unit of 10 inspectors who target forced labor and child labor violations and who train other inspectors on these topics. (1,47,48) In 2020, 5 more 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. (10,49) 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. (50) 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. (51) To verify that supply chains are child labor free, the MTPE has established an evaluation council that includes an external auditor to conduct independent external verifications. (52) |
|
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. (10) Operates 28 offices nationwide. (15) Works also 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. (51) |
|
Public Ministry |
Coordinates with MTPE, SUNAFIL, and the National Police to investigate and prosecute criminal violations of child labor laws. Maintains a specialized human trafficking prosecutorial unit in the Public Prosecutor's Office. (10,53) |
|
Ministry of the Interior (MININTER) |
Investigates child trafficking cases and maintains a hotline to receive reports of human trafficking. (10,13) Provides victims and the public with information on human trafficking, refers cases of human trafficking to relevant government offices, and coordinates services for victims. (13) 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 (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. (9) Municipal police also use the Semilla Project's Municipal Management Model to work collaboratively with DEMUNA to remove children and adolescents from hazardous work. (51) |
Labor Law Enforcement
In 2020, labor law enforcement agencies in Peru took actions to combat child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Promotion of Employment (MTPE) that may hinder adequate labor law enforcement, including financial resource allocation.
|
Overview of Labor Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Labor Inspectorate Funding |
$52,000,000 (9) |
$55,500,000 (10) |
|
Number of Labor Inspectors |
607 (9) |
822 (10) |
|
Inspectorate Authorized to Assess Penalties |
Yes (44) |
Yes (44) |
|
Initial Training for New Labor Inspectors |
Yes (9) |
Yes (10) |
|
Training on New Laws Related to Child Labor |
Yes (9) |
Yes (10) |
|
Refresher Courses Provided |
Yes (9) |
Yes (10) |
|
Number of Labor Inspections Conducted |
55,928 (9) |
74,502 (49) |
|
Number Conducted at Worksite |
Unknown (9) |
48,676 (49) |
|
Number of Child Labor Violations Found |
26† (9) |
63 (49) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (9) |
61 (49) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (9) |
Unknown (10) |
|
Routine Inspections Conducted |
Yes (9) |
Yes (10) |
|
Routine Inspections Targeted |
Yes (9) |
Yes (10) |
|
Unannounced Inspections Permitted |
Yes (55) |
Yes (55) |
|
Unannounced Inspections Conducted |
Yes (9) |
Yes (10) |
|
Complaint Mechanism Exists |
Yes (9) |
Yes (10) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (9) |
Yes (10) |
† Data are from March to October 2019.
During the reporting period, the National Labor Inspection Superintendency (SUNAFIL) inspections focused primarily on compliance with pandemic-related workplace measures. (10) However, in January of the reporting period, SUNAFIL carried out a joint inspection with agents of the anti-trafficking police unit (DIRCTPTIM) and the Municipality of La Victoria, identifying four children ages 10–14 working in dangerous conditions in a garment factory. (10,20) Although the inspection budget has increased each year, experts have noted that funding remains inadequate to carry out sufficient inspections. (9,10,47) SUNAFIL also prohibits inspectors from conducting follow up programmed inspections of any given worksite within the same year. (56) Information about the collection of fines for child labor violations was unavailable for the 2020 reporting period. (10)
In 2020, the government continued to promote a municipal model for the detection and eradication of child labor. This model incorporates child labor identification criteria during labor inspections carried out by municipalities. (10) As of 2020, there were five districts that have implemented this model: Pichanaki, Chanchamayo, Concepción (Junín department), Villa Rica (Pasco department) and Comas (Lima department). Because of this effort, a total of 132 cases have been identified and 97 interventions have been made. (10)
During the reporting period, SUNAFIL worked with the Public Ministry to provide virtual training on child labor to 4,800 workers and employers. (10) Sector-specific trainings were also conducted, including for fishing companies in Áncash Province, in which the fishing port of Chimbote is located. (10) Moreover, in November, SUNAFIL engaged with 1,000 high school students from 20 schools in Callao, raising awareness on child labor. (10) However, civil society and labor sector experts reported that training for SUNAFIL's labor inspectors was not adequate. (10) While all labor inspectors receive regular training on child labor and forced labor, SUNAFIL reported that it was working on expanding this training to more inspectors. (47)
The government significantly increased the number of labor inspectors it employed in 2020, from 607 inspectors in 2019 to 822. (10) However, 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. (57,58) 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. (59) Auxiliary inspectors must have full inspectors supervise their inspection processes and review their inspection acts for any businesses with more than 10 employees. (59,60) 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. (60)
Criminal Law Enforcement
In 2020, criminal law enforcement agencies in Peru took actions to combat child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including financial resource allocation.
|
Overview of Criminal Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Yes (9) |
Unknown (10) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Yes (9) |
Unknown (10) |
|
Refresher Courses Provided |
Yes (9) |
Unknown (10) |
|
Number of Investigations |
Unknown (9) |
Unknown (10) |
|
Number of Violations Found |
Unknown (9) |
20 (49) |
|
Number of Prosecutions Initiated |
Unknown (9) |
Unknown (10) |
|
Number of Convictions |
Unknown (9) |
Unknown (10) |
|
Imposed Penalties for Violations Related to The Worst Forms of Child Labor |
Yes (61) |
Yes (62,63) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (9) |
Yes (10) |
The MININTER reported that it's anti-trafficking police unit conducted 65 operations in 2020, resulting in 640 victims rescued, including 503 females (118 of them minors) and 137 males who were minors. Roughly half of these operations took place in January and February, before the onset of the pandemic lockdown. (20) In 2020, the government convicted two individuals for crimes related to the commercial sexual exploitation of children. One individual received a sentence of 25 years in prison for luring a 13 year old through social media and forcing her into prostitution, and another was sentenced to 1 year for using a 14 year old in the production of child pornography. (62,63) Despite these efforts, the government provided limited criminal law enforcement data for the 2020 reporting period. 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. (2,9,13,15,19,23)
In 2020, the Attorney General hired four new trafficking in persons prosecutors in Arequipa, Huánuco, La Libertad, and Piura. This raised the total to 39 specialized trafficking prosecutors in 12 regions across the country. (20) Peruvian National Police (PNP) also participated in three virtual trainings led by the MOI in 2020, including one on investigating human trafficking crimes under the criminal code. (20)
There is an insufficient number of shelters for victims of the worst forms of child labor throughout the country, including shelters to serve boys. In addition, there is a lack of specialized services for victims of human trafficking. (2,19,20,23,64)
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.
|
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) 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. (42) Led by MTPE, comprises representatives from 17 government agencies, including MININTER; the Ministries of Education and Justice; PNP; and business associations, unions, and NGOs. (42) In 2020, it coordinated virtually and through messaging platforms, due to COVID-19 pandemic-related in person meeting restrictions. It also coordinated online training sessions covering 22 of the 25 Regional Commissions for the Prevention and Eradication of Child Labor. (10) |
|
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. (65) In 2020, the 25 regional commissions participated in a launch event to recognize Peru as a "Pathfinder Country" of Alliance 8.7, a global initiative to eradicate forced labor, modern slavery, human trafficking and child labor. Eighteen department-level commissions also participated in the event through video conferencing. (10) However, 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. (1,6,21) |
|
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. (1) Research was unable to determine whether this coordinating body was active during the reporting period. |
|
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. (66) Research was unable to determine whether this coordinating body was active during the reporting period. |
|
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, and the provision of services to victims. Chaired by MININTER, comprises 13 government agencies and 2 NGOs. (10,20) 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 in 2020, including MININTER. (13) This coordinating body resumed activities in February 2021 after a period of inactivity due to the pandemic and political stability in 2020. (49) |
‡ The government has other coordinating mechanisms that may have addressed child labor issues or had an impact on child labor. (9)
In December 2020, a regional ordinance was enacted which established the creation of provincial and district commissions to fight trafficking in persons, migrant smuggling, and forced labor in the Arequipa department. (20,67) Also in December 2020, the government held the "Southern Macro Regional Forum: Good Practices and Experiences in Combatting Human Trafficking in the COVID-19 Context", during which regional governments shared experiences with human trafficking in their communities. (20)
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 information on activities taken under these policies during the reporting period.
|
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. (1,16,65) Also seeks to improve the quality of child labor data in Peru. (16) During the reporting period, the implementation of the Child Labor-Free Seal (SELTI) certification program continued under the auspices of this national strategy, with participants consisting of approximately 450 family run agricultural producers. In addition, as of February, the MTPE granted the SELTI certification to seven businesses that produce agricultural export goods (mostly coffee and cocoa) in the Junín region. (10) |
|
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. (1,54,65) Research was unable to determine whether activities were taken under this policy in 2020. |
|
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. (65,68) Research was unable to determine whether activities were taken under this policy in 2020. |
|
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. (65,69) Research was unable to determine whether activities were taken under this policy in 2020. |
|
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. (1,2,70,71) Emphasizes the needs of human trafficking victims through a dedicated Victim Reintegration Plan. (1,2) Research was unable to determine whether activities were taken under this policy in 2020. |
In 2020, the government drafted an updated version of the National Action Plan for Human Rights, which includes child labor issues. As of the time of this report, this updated plan is pending final approval. (10)
In 2020, 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 the adequacy of efforts to address child labor in all sectors.
|
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. (53) The government did not provide information on activities taken under this project in 2020 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. (51) 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. (1,6,72) Connects working children and their families to educational and social services to withdraw them from exploitative work and improve family welfare. (9,72-75) In 2020, the Street Educators program reported assisting 6,795 children, including 1,304 children during the height of the pandemic. (10) The educators proactively identified spaces in which children were living either fully or partially on the streets and assessed needs to connect these children with social services. (49) |
|
Together Program (Juntos)† |
Ministry of Development and Social Inclusion program that provides cash transfers to approximately 763,000 low-income households in 15 of the country's 25 regions. (1,6,76) This program continued to provide cash transfers in 2020, including through the strongest quarantine measures of the pandemic. (49) |
|
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. 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. For additional information, please see our website. (51,77-80) |
† Program is funded by the Government of Peru.
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. (6,81,82)
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 – 2020 |
|
Ensure that the law’s light work provisions are specific enough to prevent children from involvement in child labor. |
2017 – 2020 |
|
|
Raise the minimum age for work to the age up to which education is compulsory. |
2018 – 2020 |
|
|
Enforcement |
Publish information on labor law enforcement efforts, including whether penalties for violations were collected. |
2015 – 2020 |
|
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 – 2020 |
|
|
Ensure that inspectors and criminal law enforcement personnel are properly trained on child labor and forced labor issues. |
2019 – 2020 |
|
|
Ensure adequate enforcement of child labor laws. |
2009 – 2020 |
|
|
Increase the number of labor inspectors to meet the ILO’s technical advice. |
2019 – 2020 |
|
|
Remove the "auxiliary inspector classification" to increase efficiency in the labor inspection process. |
2017 – 2020 |
|
|
Ensure that there are sufficient shelters, including shelters for boys, and specialized services available for victims of human trafficking. |
2019 – 2020 |
|
|
Ensure that fines are collected to deter future child labor violations. |
2015 – 2020 |
|
|
Publish information on training for criminal investigators, the number of investigations conducted, prosecutions initiated, and convictions. |
2015 – 2020 |
|
|
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 – 2020 |
|
|
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 – 2020 |
|
Ensure that key coordinating bodies related to the worst forms of child labor are active and publish information on annual activities. |
2020 |
|
|
Ensure that efforts to address trafficking in persons are fully funded by approving the multi-sectoral anti-trafficking budget. |
2019 – 2020 |
|
|
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 |
|
Social Programs |
Enhance efforts to eliminate barriers and make education accessible for all children, regardless of documentation, in particular migrant and refugee communities. |
2014 – 2020 |
|
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 – 2020 |
|
|
Publish information on activities taken under all social programs that address child labor. |
2018 – 2020 |
- 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 2021. 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 2021. 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.
- 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 - U.S. Embassy- Lima. Reporting. February 18, 2020.
- U.S. Embassy- Lima. Reporting. February 5, 2021.
- 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. 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- 2019: Peru. Washington, DC, June 2019.
https://www.state.gov/reports/2019-trafficking-in-persons-report-2/peru/ - ILO representative. Interview with USDOL official. October 23, 2019.
- U.S. Embassy- Lima. Reporting. February 26, 2021.
- Ministry of Labor official. Interview with USDOL official. October 21, 2019.
- Solidarity Center. Peru: Factory Fire Exposes Forced, Child Labor. June 30, 2017.
https://www.solidaritycenter.org/peru-factory-fire-exposes-forced-child-labor/ - 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 - The Washington Post. Remote learning is deepening the divide between rich and poor. October 16, 2020.
https://www.washingtonpost.com/world/2020/10/16/coronavirus-peru-remote-learning-inequality/ - U.S. Embassy- Lima official. E-mail correspondence to USDOL official. July 5, 2019.
- 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 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. Ley contra la Trata de Personas y el Tráfico Ilícito de Migrantes, Law No. 28950. Enacted: January 16, 2007.
https://busquedas.elperuano.pe/normaslegales/ley-que-fortalece-la-implementacion-de-espacios-de-acogida-t-ley-n-30925-1757572-1/ - Government of Peru. Código Penal, No. 635. May 2016.
http://spij.minjus.gob.pe/content/publicaciones_oficiales/img/CODIGOPENAL.pdf - Government of Peru. Ley que perfecciona la tipificacion del delito de trata de personas, Ley No. 30251. Enacted: October 20, 2014.
https://www.mimp.gob.pe/direcciones/dgcvg/contenidos/publicar-pdf/server/php/files/9-ley-30251.pdf - Government of Peru. Constitución Política del Perú. Enacted: 1993.
http://www2.congreso.gob.pe/congreso/Constitución-Política-08-09-09.doc - Government of Peru. Modificación del Código Penal, No. 28251. Enacted: August 4, 2004. Source on file.
- Government of Peru. Law No 30963 Modifying the Criminal Code. May 28, 2019.
https://busquedas.elperuano.pe/normaslegales/ley-que-modifica-el-codigo-penal-respecto-a-las-sanciones-de-ley-n-30963-1780053-2/ - Government of Peru. Ley que protege a las ninas, ninos y adolescentes de la mendicidad, No. 28190. Enacted: February 26, 2004.
http://www2.congreso.gob.pe/sicr/cendocbib/con3_uibd.nsf/BA2E8C56206D9C0E0525786500711261/$FILE/28190.pdf - Government of Peru. Ley del Servicio Militar, No. 27178. Enacted: September 28, 1999.
http://www.resdal.org/Archivo/d0000281.htm - 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 - U.S. Embassy- Lima. Reporting. January 21, 2016.
- Government of Peru. Ley de las trabajadoras y trabajadores del hogar. September 17, 2020.
https://busquedas.elperuano.pe/normaslegales/ley-de-las-trabajadoras-y-trabajadores-del-hogar-ley-n-31047-1889434-1/#:~:text=PROTECCIÓN DE DERECHOS FUNDAMENTALES&text=Prohíbese todo acto de discriminación,la persona trabajadora del hogar - Government of Peru. Ley que crea la Superintendencia Nacional de Fiscalización Laboral (SUNAFIL). January 14, 2013. http://www2.congreso.gob.pe/sicr/cendocbib/con4_uibd.nsf/7912BA62252D6E7105257E2A0056FE13/$FILE/10_LEY_29981_15_01_2013.pdf
- Government of Peru. Intendencias Regionales. SUNAFIL, Accessed January 25, 2017.
http://www.sunafil.gob.pe/portal/intendentes-regionales - 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. Resolucion Ministerial No. 033-2020-TR. February 13, 2020.
https://cdn.www.gob.pe/uploads/document/file/523338/033-2020-TR.pdf - U.S. Embassy- Lima official. E-mail communication to USDOL official. May 27, 2016.
- 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. 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 - CIA. The World Factbook. Accessed January 29, 2018. Please see “Labor Law Enforcement: Sources and Definitions” in the Reference Materials section of this report.
https://www.cia.gov/the-world-factbook/countries/peru/ - 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 - U.S. Department of Labor. Public Report of Review of U.S. Submission 2015-01. March 18, 2016. Source on file.
- 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.
- U.S. Embassy- Lima official. E-mail communication to USDOL official. June 26, 2020.
- 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 - 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, 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
- Government of Peru. Ordenanza Regional No. 439-AREQUIPA. December 12, 2020.
https://actualidadempresarial.pe/norma/ordenanza-regional-439-arequipa/0648fb1d-a7d1-431a-af57-67be9b467a52 - 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 el Plan Nacional contra la Trata de Personas 2017-2021. 2017.
https://busquedas.elperuano.pe/normaslegales/decreto-supremo-que-aprueba-el-plan-nacional-contra-la-trata-decreto-supremo-n-017-2017-in-1530366-1/ - Government of Peru. Plan Nacional Contra la Trata de Personas (2017–2021). 2017.
http://infanciaymedios.org.pe/wp-content/uploads/2018/08/PLAN-NACIONAL-CONTRA-LA-TRATA-DE-PERSONAS-2017-2021.pdf - Government of Peru. Programa Integral Nacional para el Bienestar Familiar. September 2019.
https://www.gob.pe/inabif - U.S. Embassy- Lima official. E-mail communication to USDOL official. June 13, 2017.
- 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. Promoting Better Understanding of Indicators of Forced Labor and Labor Trafficking in Peru. Accessed April 29, 2021.
https://www.dol.gov/agencies/ilab/promoting-better-understanding-indicators-address-labor-trafficking-peru - U.S. Department of Labor. Engaging Workers and Civil Society to Strengthen Labor Law Enforcement. Accessed April 29, 2021.
https://www.dol.gov/agencies/ilab/engaging-workers-and-civil-society-strengthen-labor-law-enforcement - U.S. Department of Labor. From Protocol to Practice: A Bridge to Global Action on Forced Labor (The Bridge Project). Accessed April 29, 2021.
https://www.dol.gov/agencies/ilab/protocol-practice-bridge-global-action-forced-labor-bridge-project-0 - U.S. Department of Labor. Proyecto Semilla (Seed Project): Combatting Exploitative Rural Child Labor in Peru. Accessed April 29, 2021. https://www.dol.gov/agencies/ilab/proyecto-semilla-seed-project-combating-exploitative-rural-child-labor-peru
- U.S. Department of State. Trafficking in Persons Report- 2017: Peru. Washington, DC, June 27, 2017.
https://www.state.gov/reports/2017-trafficking-in-persons-report/peru__trashed/ - U.S. Embassy- Lima. Reporting. January 13, 2017.
