Peru – Freedom of association


3.2. Conclusions of the specific issues

Freedom of association and collective bargaining

Freedom of association and collective bargaining are human rights recognized in the main international instruments and this generates responsibilities on the part of the State for their protection. Respect for these rights is binding and requires the adoption of measures to strengthen trade union institutions with a gender perspective and other complementary measures. The State must evaluate, together with the union sector, the business sector, and other related stakeholders, the adoption of the most effective measures to address the causes of the current low level of unionization, in order to guarantee and promote these rights, the strengthening of unions and the social revaluation of their important role in a democratic country. It is also necessary for companies to implement due diligence mechanisms, which can also be accompanied by public policy.

Within the framework of ILO Convention 87 “Convention on Freedom of Association and Protection of the Right to Organize” and Convention 98 “Convention on the Right to Organize and Collective Bargaining” and based on the contributions gathered during the dialogue process, it is pertinent to strengthen the rules on the matter, as a result of the social dialogue; likewise, it is also necessary to pay attention to the implementation of the new Labor Procedure Law, which is pending to enter into force in some judicial districts. – page 44

Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050

Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.

Objective 2: Organized civil society (members of civil society organizations, trade unions, and indigenous peoples) are aware of and promote the implementation of the guiding principles and other related international instruments in their activities.

Action: Promote a change in the culture of trade unions as defenders of human rights.
Background: It is necessary to focus on the importance of trade unions as defenders of human rights. Thus, it is necessary to ensure that they have access to this right, so that they can freely decide their union membership.
Indicator: Percentage of people trained who effectively participate in trade unions. – page 62