Peru – Children’s rights
|CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
There are organizations of working children and adolescents that have a critical appraisal of the work, due to the precarious working conditions. However, the international standard establishes the need to raise the minimum age of working children and adolescents, as well as to monitor that those who are of the minimum working age do not perform hazardous work. It is also important to mention that the measures to be adopted require a special focus on the areas of informality (where this problem is specific to), as well as in rural areas and particularly in relation to indigenous or native peoples.
Progress was found in the reduction of child labor rates, as part of the expected results, but the evaluation and monitoring of the National Strategy for the Prevention and Eradication of Child Labor 2011-2021, in charge of the MTPE, the governing body in this area, is required. However, being in the last year of its implementation, its evaluation is relevant, which will allow the formulation, based on evidence, of the new national policy for the prevention and eradication of child labor, aligned with the country’s international commitments in relation to the fulfillment of Target 8.7:
– Take immediate and effective measures to eradicate forced labor, end contemporary forms of slavery and trafficking in persons and ensure the prohibition and elimination of the worst forms of child labor, including the recruitment and use of child soldiers, and, by 2025, to end child labor in all its forms […].
In addition, it is required to adopt measures in contracting processes with the State for the commission of infractions related to child labor in the production chain, as determined by the evaluation of the situation of the GP-RBC approach in the public procurement system, which will be carried out within the framework of the implementation of the NAP.
Although companies are committed to and have made progress in respecting human rights, there is a need for information on informative or guiding instruments that provide guidelines for the eradication of child labor throughout the production chain. – page 44/45
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment. Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere
Action: Raise the minimum working age to 15 years of age.
Background: The country has received recommendations from the Committee on the Rights of the Child, and the following are pending implementation: Raise the minimum age to work to 15 years of age. In this sense, it is required to evaluate the issuance of regulations to raise this age.
Indicator: 1 annual report of activities and progress of the organizational unit regarding its work in implementing, following up, monitoring, evaluating, and updating its GP-RBC policy and the NAP. – page 70
Action: Ensure that all hazardous forms of work are prohibited for persons under 18 years of age
Background: The country has received recommendations from the Committee on the Rights of the Child, with the following pending implementation: “Ensure that all hazardous forms of work, which include domestic work, are prohibited for children under 18 years of age. In this regard, it is required to update the list of hazardous work developed as part of the activities of the National Steering Committee for the Prevention and Eradication of Child Labor (CPETI)”.
Indicator: To have a technical report. – page 70
Action: Evaluate, based on the status assessment report, the incorporation of appropriate measures to contribute to formalization through the public procurement system; as well as to prevent the State from contracting with companies that commit serious human rights violations, specifically those related to forced labor and the worst forms of child labor, directly or through their supply chain; and promote and guarantee respect for human rights by companies in their supply chains
Background: Peru should also continue to make progress in ensuring that public procurement excludes companies that directly or through their supply chains engage in forced labor, the worst forms of child labor, and other serious human rights violations. Likewise, the State should promote measures so that through public procurement, companies and their supply chains are encouraged to respect human rights.
Indicator: Report identifying appropriate measures. – page 71
Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.
Action: To prepare a study that includes an analysis and situational status of child labor in the informal sector
Background: Study of the analysis and situational status of child labor in the informal sector and production chains.
Indicator: To have a study on child labor in the informal sector. – page 89
Action: Provide information and raise awareness on the importance of not contracting with the State in the case of companies sanctioned for forced labor and the worst forms of child labor, making visible the harmfulness of this practice
Background: Despite the international instruments on business and human rights, our country has not yet issued any specific regulation that includes mechanisms to require companies to ensure that their supply chains do not contract with companies that have been sanctioned for forced labor and/or worse forms of child labor. These mechanisms should also consider micro and small companies.
Indicator: Informative booklet on the importance of not contracting with the State in the case of companies with sanctions for forced labor and the worst forms of child labor, making visible the harmfulness of such practice. – page 116
Strategic guideline No. 5: Design and strengthening of mechanisms to ensure that those affected by human rights violations have access to judicial, administrative, legislative, or other means of redress.
Objective 1: Strengthen mechanisms at the state level to redress human rights violations in the corporate sphere.
Action: To guarantee mechanisms for redress in the event of violation of the rights of children and adolescent workers in business activities
Background: Both administrative and criminal liability are focused on sanctioning offenders, in the absence of expeditious and accessible procedures for the redress and rehabilitation of victims of child and hazardous labor.
Indicator: Approval of the strategy for the comprehensive care of children and adolescents identified as child and hazardous laborers. – page 122