2006 Findings on the Worst Forms of Child Labor - Peru

Incidence and Nature of Child Labor

In 2000, approximately 24 percent of boys and 20.5 percent of girls ages 6 to 14 were working in Peru. The majority of working children were found in the agricultural sector (73.2 percent), followed by services (23.9 percent), manufacturing (2.7 percent), and other sectors (0.2 percent).³⁴⁰⁹ Children work with their families in agriculture and artisanal mining or as domestics. In the cities, children often sell goods and services in the streets, and work in garbage dumps. In the outskirts of Lima, children work in the brick making industry.³⁴¹⁰ Children and their families are reportedly held captive in remote areas as they work in food and coca crops for narco-traffickers and terrorists.³⁴¹¹

Peru is a source country for children trafficked internally for commercial sexual exploitation and forced domestic labor. Most victims are girls moved from rural to urban areas or from city to city to work in prostitution at nightclubs, bars, and brothels. Children are also exploited in prostitution.³⁴¹² The UN Committee on the Rights of the Child reports that there are 500,000 child victims of sexual exploitation and violence in the country.³⁴¹³

Child Labor Laws and Enforcement

The minimum age for employment in non-industrial agricultural work is 15 years; for work in the industrial, commercial, and surface mining sectors it is 16 years; and for work in the industrial fishing sector it is 17 years. Although the general minimum age for employment in Peru is 14 years, the provisions subsequently described in this paragraph restrict the ability of children of that age or younger to work legally.³⁴¹⁴ Children 12 to 14 may perform certain jobs, subject to restrictions, only if they obtain legal permission from the corresponding government authorities, can certify that the job is not hazardous, and is not limiting their ability to attend school or training.³⁴¹⁵ The Ministry of Labor's Office of Labor Protection for Minors (PMT) issues permits for children between 12 to 17 to work legally.³⁴¹⁶ Children 12 to 14 years are prohibited from working more than 4 hours a day, or more than 24 hours a week; adolescents 15 to 17 years may not work more than 6 hours a day, or more than 36 hours a week.³⁴¹⁷ Children working non-paid jobs for family members or in domestic service are entitled to a 12hour rest period and must have access to education.³⁴¹⁸ Regulations require that adolescents working in paid or unpaid domestic service must have access to education.³⁴¹⁹ Night work is prohibited for children under 18 years, but a special permit can be issued for adolescents between 15 to 17 years for a maximum of 4 hours' work a night.³⁴²⁰ Underground work or work that involves heavy lifting, toxic substances, or responsibility for the safety of one's self and other workers is prohibited for children under 18 years.³⁴²¹ In July 2006, a Hazardous Occupations for Children list was approved. The list includes activities linked to commercial sexual exploitation and domestic work.³⁴²² Working adolescents must be paid at the same rate as adult workers in similar jobs.³⁴²³

Peruvian law prohibits forced and slave labor, economically exploitive labor, and prostitution.³⁴²⁴ The law prohibits the promotion of prostitution, with a penalty of 2 to 5 years imprisonment. The penalty increases to four to 12 years' imprisonment if the victim is under 14 years of age or if the perpetrator abuses a position of authority or uses violence, deceit, or any means of intimidation.³⁴²⁵ Peru's Penal Code also prohibits pimping. The penalty for this offense is 6 to 12 years if the victim is under age 18 or if violent threats, abuse of a position of authority, or other means of coercion are used.³⁴²⁶ Statutes prohibit trafficking in persons and provide penalties of 10 to 15 years of imprisonment for those who move a person under 8 years, either within the country or to an area outside the country, for sexual exploitation (including prostitution, sexual slavery, and pornography).³⁴²⁷ The penalty for trafficking or promoting sexual tourism exploiting adolescents ages 14 to 18 is 2 to 6 years in prison. The penalty is 6 to 8 years if the victim is under 14, and, in case of involvement by a government officials or child's guardian, the penalty is 8 to 10 years in prison.³⁴²⁸ Military service is voluntary and prohibited for children under 18.³⁴²⁹

The Ministry of Labor is responsible for enforcing child labor laws, and its inspectors have legal authority to investigate reports of illegal child labor practices. During 2006, the PMT issued 1,326 work permits for children 12 to 17, the majority of which (1,086) were issued for children between 16 and 17.³⁴³⁰ Also in 2006, the Ministry had 236 labor inspectors, with 150 of them working in Lima and focusing on the formal sector of the economy.³⁴³¹ The National Police and local prosecutors have law enforcement authority over child labor violations, and the Prevention Centers for Children and Adolescents (DEMUNA) investigate all violations of the Child and Adolescent Code.³⁴³² More than 1,000 DEMUNA offices operate throughout the country.³⁴³³

The Ministry of the Interior and the National Police are the entities responsible for addressing domestic trafficking, while the Foreign Ministry and Immigration authorities work on international trafficking issues.³⁴³⁴ During 2006, 2,901 police operations were conducted to combat trafficking in persons, procurement, and child prostitution.³⁴³⁵ During the year, prosecutors were processing six trafficking cases from 2005, and as of July, the police passed four additional cases regarding trafficking crimes to prosecutors for further investigation. A total of 23 persons were arrested for trafficking children; charges were brought against seven of the accused.³⁴³⁶ The U.S. Department of State reports that the Government of Peru has not increased trafficking prosecutions and convictions since 2005.³⁴³⁷ There was only one trial and conviction reported in 2006.³⁴³⁸

Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor

Through the National Committee to Prevent and Eradicate Child Labor (CPETI), the government of Peru works with NGOs, labor unions, and employers' organizations within the country to implement the National Plan for the Prevention and Eradication of Child Labor.³⁴³⁹ The plan focuses on strategic areas such as raising awareness, strengthening judicial and legislative frameworks, generating credible statistics and research, developing social policies based on children's rights, and strengthening institutional capacities.³⁴⁴⁰

In 2006, CPETI approved the National Plan against Commercial Sexual Exploitation of Boys, Girls and Adolescents.³⁴⁴¹ The Ministry of Women and Social Development (MIMDES) implements the 2002-2010 National Action Plan for Children and Adolescents. The plan focuses on, among other goals, eliminating the worst forms of child labor for children 6 to 11 years and improving working conditions for adolescents at or above the legal working age.³⁴⁴²

The Government of Peru supports and contributes to a USD 5.5 million regional USDOL-funded ILO-IPEC program to eliminate exploitive child labor in the domestic service and commercial sex sectors.³⁴⁴³ The Peru component of this project aims to withdraw 130 children from commercial sex and 120 children from exploitive domestic work, and to prevent 999 children from becoming engaged in such activities.³⁴⁴⁴ The government also participated in a USD 1.5 million 4-year project to combat child labor through education that ended in 2006. The project withdrew 108 children and prevented 544 children from small-scale traditional mining.³⁴⁴⁵ Starting in 2006, the Government of Peru began participating in a new USD 5 million USDOL-funded project to combat child labor through education. This project targets 5,250 children 11-15 for withdrawal and 5,250 children for prevention from exploitive work in the urban informal sector in the poorest districts of Lima, Callao, Trujillo, and Iquitos.³⁴⁴⁶ A 2006 IDB technical cooperation project supports community groups in implementing actions to reduce child labor in mining, and provide alternative income-generation activities.³⁴⁴⁷

The Government of Peru coordinates anti-trafficking activities with NGOs, supporting programs that provide shelters for victims, medical attention, job training, and self-esteem workshops. The Ministry of Interior established a toll-free number to report trafficking crimes, which has received an average of 1,000 calls per month since March. Approximately 15 percent of the calls were found to be related to trafficking crimes. National Police officers have been trained to operate a computerized tracking system for trafficking cases designed and installed by a national NGO.³⁴⁴⁸

The Government of Peru, with support from the U.S. Government, receives specialized training on issues related to trafficking in persons, including providing aid to victims, collecting credible statistical data on trafficking cases, and aiding government officials outside of the capital in recognizing cases.

3398 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates, December 20, 2006.

3399 Government of Peru, Ley que Modifica el Artículo 51 de la Ley No. 27337, Código de los Niños y Adolescentes; available from http://www.cajpe.org.pe/rij/bases/legisla/peru/27571.htm.

3400 UNESCO, Education for All – EFA Global Monitoring Report 2007, 2007; available from http://unesdoc.unesco.org/images/0014/001477/147794E.pdf.

3401 El Presidente de la República, Ley General de Educación, 28044, Lima, July 17, 2003.

3402 UNESCO Institute for Statistics, Gross and Net Enrolment Ratios, Primary; accessed December 2005; available from http://stats.uis.unesco.org/TableViewer/tableView.aspx?ReportId=51.

3403 UNESCO Institute for Statistics, Net Enrolment Ratio. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

3404 SIMPOC, MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates.

3405 UNESCO Institute for Statistics, Survival Rate to Grade 5. Total, accessed December 18, 2006; available from http://stats.uis.unesco.org.

3406 ILO, Ratifications of the Fundamental Human Rights Convention by country, [database online] 2006 [cited December 29, 2006]; available from http://www.ilo.org/ilolex/english/docs/declworld.htm.

3407 Ibid.

3408 ILO, Ficha Pais: Peru, [cited December 29, 2006]; available from http://www.oit.org.pe/ipec/documentos/fichaperu.pdf.

3409 SIMPOC, MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates.

3410 U.S. Department of State, "Peru," in Country Reports on Human Rights Practices – 2006, Washington, DC, March 6, 2007; available from http://www.state.gov/g/drl/rls/hrrpt/2006/78902.htm. See also CRC – Committee on the Rights of the Child, March 14, 2006; available from http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/b67fbbfa8f470bdfc125715600319d7e/$ FILE/G0640887.doc., para 62.

3411 U.S. Department of State, "Country Reports – 2006: Peru." Section 6d.

3412 ECPAT International, Peru, [database online] [cited July 1, 2005], Child Prostitution; available from http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/index.asp. See also U.S. Department of State, Country Reports – 2006: Peru, Section 5.

3413 CRC – Committee on the Rights of the Child, CRC – Committee on the Rights of the Child., para 67.

3414 Government of Peru, Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Ley no. 27337; available from http://www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html.

3415 Government of Peru, Ley que Modifica el Artículo 51. See also U.S. Department of State, "Country Reports – 2006: Peru."

3416 U.S. Department of State, "Country Reports – 2006: Peru." Section 6d.

3417 Government of Peru, Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Ley no. 27337. Book 1, Chapter 1, Article 56.

3418 Ibid., Article 63. See also U.S. Embassy – Lima, unclassified telegram no. 4110, August 25, 2004.

3419 Government of Peru, Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Ley no. 27337., Articles 61 and 63.

3420 Ibid., Article 57.

3421 Ibid., Article 58.

3422 ILO-IPEC, The Prevention and Elimination of Child Domestic Labour and CSEC in South America, technical progress report, September 2006.

3423 Government of Peru, Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Ley no. 27337., Article 59.

3424 Government of Peru, Ley que Aprueba el Nuevo Código de los Niños y Adolescentes, Ley no. 27337., Article 4.

3425 Ibid., Article 179.

3426 Ibid., Article 181.

3427 U.S. Department of State, "Country Reports – 2006: Peru." Section 5.

3428 U.S. Embassy – Lima, reporting, Lima, March 8, 2007.

3429 Coalition to Stop the Use of Child Soldiers, Child Soldiers Global Report 2004-Peru, electronic, 2004; available from http://www.child-soldiers.org/resources/global-reports?root_id=159&category_id=165.

3430 Ibid., Section 6d.

3431 U.S. Department of State, "Country Reports – 2006: Peru." Section 6d.

3432 Estudio Torres y Torres Lara, Directiva No. 19-95-DIVIPOLNA Sobre Atención y Intervención Policial con Niños y Adolescentes (25 de abril de 1995), [cited July 1, 2005]; available from http://www.asesor.com.pe/teleley/direc-19-95.htm.

3433 U.S. Department of State, "Country Reports – 2006: Peru." Section 6d.

3434 U.S. Department of State, Country Reports – 2004: Peru, Section 5.

3435 U.S. Embassy – Lima, reporting, April 24, 2007.

3436 U.S. Department of State, Country Reports – 2006: Peru, Section 5.

3437 U.S. Department of State, Trafficking in Persons Interim Assessment, January 19, 2007.

3438 U.S. Department of State, Country Reports – 2006: Peru, Section 5.

3439 Ministry of Labor and Employment Promotion, CPETI, [cited October 19, 2006]; available from http://www.mintra.gob.pe/sst_dpm_cpeti.php.

3440 Comité Directivo Nacional para la Prevención y Erradicación del Trabajo Infantil (CPETI), Plan Nacional de Prevención y Erradicación del Trabajo Infantil, 2005.

3441 ILO-IPEC, The Prevention and Elimination of CDL and CSEC, technical progress report., September 2006, p 11.

3442 Government of Perú, Plan Nacional de Acción para la Infancia y la Adolescencia 2002-2010: Construyendo un Perú Mejor para la Niñas, Niños y Adolescentes, 2002; available from http://www.minmimdes.gob.pe/indiceorg.htm [hard copy on file].

3443 U.S. Department of Labor – International Child Labor Program, Prevention and Elimination of Child Domestic Labor (CDL) and of Commercial Sexual Exploitation of Children (CSEC) in Chile, Colombia, Paraguay and Peru, Project Summary, Project Summary, 2004.

3444 ILO-IPEC, The Prevention and Elimination of CDL and CSEC, technical progress report.

3445 U. S. Department of Labor, EduFuturo: Educating Artisanal Mining Children in Peru for a Dignified Future, project summary, September 16, 2002.

3446 U.S. Department of Labor – International Child Labor Program, Preparándonos para la vida, Project Summary, Project Summary, 2006.

3447 Inter-American Development Bank, Reduce Child Labor in Artisanal Gold-mining Communities in Puno, 2006 [cited October 19, 2006]; available from http://www.iadb.org/templates/global/print.cfm?language=English&page=/projects/include.

3448 U.S. Department of State, "Country Reports – 2006: Peru," Section 5.