Peru – Migrant workers
|CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS
3.2. Conclusions of the specific issues
Social integration processes require the adoption of structural measures such as identification, access to work, education, among others, in order to allow social mobility. Progress has been identified in the area of migratory regularization; thus, in 2020, a regularization measure was adopted for foreigners in irregular conditions that would ensure regular permanence. It is necessary to address the remaining difficulties in the management of the response of the refugee and migration system.
It is important to highlight the political will of the State, also within the framework of the NAP, to adopt measures against discrimination and xenophobia; the limitations on the hiring of migrant workers and their consequent access to decent work; the need to provide migrants and companies with complete information on their rights and identification documents, as well as efficient complaint mechanisms, in line with the recommendations of the Committee on Migrant Workers. There is also the challenge of strengthening judicial mechanisms, especially when conditions of regularity are not met. – page 48
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: Promote awareness of the identification documents of migrants, refugees, and refugee claimants, in order to ensure respect for their rights and access to labor information.
Background: It is required that the identification documents issued by the State to migrants, refugee claimants and refugees, be recognized by all entities, to allow foreigners to access procedures before State entities in order to facilitate their access to decent work and their rights.
Indicator: Information material on the rights and duties of migrants and their socioeconomic integration process aimed at companies and foreigners; Number of companies receiving information sessions on identification documents for migrants, refugee claimants and refugees, rights, recruitment, and socioeconomic integration of migrants in the country; Labor recruitment of migrant workers information booklet; Number of migrants, asylum seekers, and refugees trained in labor and social security matters (Action Indicators). – page 72
Action: Ensuring fair access to employment for foreigners.
Background: For migrants whose countries of origin do not have an agreement with our country, Legislative Decree No. 689 applies to them, which, in Article 4, establishes that national and foreign companies may only hire foreign personnel in a proportion that does not exceed 20% of the total number of workers. This limits the possibilities of hiring, especially in micro and small companies, which have a smaller number of workers.
Indicator: Intersectoral technical report that includes the evaluation of the relevance of modifying the limit for hiring foreigners for MSEs. – page 75
Action: Promote the ratification and implementation of international agreements related to migrant workers.
Background: This requires a specific evaluation of ILO Convention No. 97 on migrant workers; Convention No. 118 on equal treatment of nationals and foreigners in matters of social security; Convention No. 143 on migrant workers, analyzing their relevance and contribution, as well as whether they are in harmony with other national legislation, which will be considered in the Technical Report.
Indicator: An intersectoral technical report evaluating the relevance and contribution of Convention No. 97, concerning migrant workers, prepared by the Ministries concerned; An Intersectoral technical report evaluating the relevance and contribution of Convention No. 143 on migrant workers, prepared by the Ministries concerned. – page 78
Action: Promote the rights and non-discrimination of foreign migrants by companies.
Background: Companies have an important role to play in respecting the human rights of migrants, so it is necessary to avoid situations of discrimination or stigmatization in the workplace, which could prevent access to work because of their origin.
Indicator: CONACOD’s work program to strengthen the complaint system and dissemination of this anti- discrimination mechanism.– page 91
Objective No. 2: Technical assistance to companies for the observance of human rights in their business activities
Action: Promote the rights and non-discrimination of special protection groups (elderly people, Afro-Peruvians, people with disabilities, women, LGBTI people, migrants) in advertising and the media.
Background: Media companies have a responsibility to promote and respect the rights of specially protected groups (elderly people, Afro- Peruvians, people with disabilities, women, LGBTI people, migrants), since, through the content of their programming, they make visible or make invisible certain aspects of society, reinforcing narratives that benefit or harm this population group.
Indicator: Number of informative letters sent to market agents. – page 108