Peru – Workers’ rights

1.3. Stages of the elaboration process

The NAP preparation process was divided into three stages: (i) convening of stakeholders; (ii) preparation of diagnosis and baseline; and (iii) preparation of actions, indicators, and goals. The beginning of one stage did not mean the definitive closure of the previous one; however, it is possible to define differentiated periods:

First stage: call for stakeholders

It was developed from January to August 2019. It was characterized by the identification and rappro- chement of stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies. In this way, all sectors involved in the issue of business and human rights were brought together. – page 23

1.4. Stakeholders that participated in the process

The NAP preparation process involved 132 stakeholders from the State, companies, civil society, indigenous peoples, trade unions, international organizations, and international cooperation agencies, all of which formed part of the Multi-Stakeholder Roundtable. – page 27

CHAPTER III: DIAGNOSIS AND BASELINE: ACTION AREAS

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. – 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.

8.

Action: Create and implement a permanent training program based on international standards on GP-RBC, from the Justice and Human Rights sector, with special emphasis on the specific needs of organized civil society, indigenous peoples, Afro-Peruvian people, trade unions, special protection groups, communities, and peasant patrols, and citizens in general.

Background: In order to guarantee a permanent state training and awareness-raising effort for the general public, organized civil society, the business sector, indigenous peoples, Afro-Peruvian people, trade unions, and groups in special protection situations, the MINJUSDH shall create and implement a training program on GP-RBC that addresses, in coordination with the institutions representing these sectors and other competent state entities, their particular needs.

Indicator: Creation and implementation of the program, and annual progress report. – page 60

10.

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: Number of people trained in the area of trade union participation as human rights defenders, considering the business and human rights approach. – page 62

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

25.

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

Objective 2: Ratify international treaties on Human Rights, directly or indirectly related to business activities.

31.

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. – page 78

83.

Action: Adopt due diligence measures to avoid actual and potential risks of violations to the safety and health of workers.

Background: Adopt due diligence measures to ensure the prevention of situations of violation of the safety and health of workers in business activities that include risk map, index of hazards and risks), documents (internal regulations, records), or institutions (OSH committee) in the company. These measures should be produced considering the context of the Covid-19 pandemic.

Indicator: Increase workers’ insurance against occupational hazards (Action Indicator) – page 116

85.

Action: Adopt measures to avoid real and potential risks to the safety and health of workers.

Background: It is necessary to intensify the work being carried out in the area of inspection, in order to prevent risks to the safety and health of workers, taking into account, if necessary, the context of the health emergency caused by Covid-19.

Indicator: Number of training sessions and/or orientations in the area of occupational health and safety. – page 117

87.

Action: To progressively create and implement a mechanism for follow- up, monitoring, and voluntary reporting of the corporate due diligence mechanisms implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, trade unions, and the competent state sector.

Background: This follow-up and monitoring mechanism will be formulated in coordination with the business sector, with the participation of the state, trade unions, indigenous or native peoples, and civil society sectors; furthermore, the reports will be received voluntarily, at the times and with the contents contemplated in its respective regulations.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 119

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.

91.

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: Strategy for the comprehensive care of children and adolescents identified as hazardous child laborers. – page 122

96.

Action: Create and implement a follow-up and monitoring mechanism for corporate due diligence related to reparations, which are implemented by trade unions and companies in the formal sector, with the participation of the business sector, civil society organizations, indigenous peoples, Andean and Amazonian peoples, trade unions and the relevant state sector.

Background: Businesses should diligently manage complaints and/or claims received from people with disabilities and senior citizens who consider themselves affected by the adverse impacts of business activities, ensuring due process of their complaints and implementing sanctions and redress mechanisms, as appropriate. This action, with emphasis on reparation mechanisms, is implemented within the framework of Action 87.

Indicator: Follow-up and monitoring mechanism for the business sector due diligence mechanisms. – page 125