(2010-2012)

The Peru Country Study is being carried out by ISCOD Peru. ISCOD Peru has identified domestic workers, market porters, street vendors and waste pickers as the occupational groups for the country study.  The preliminary outputs of the study are available in Spanish on this dedicated webpage: http://observatorio.mantenimiento-pc.com/

Domestic Workers

Law is approved but with little enforcement for Domestic Workers. The law provides for social security and pension coverage. The focus during the project will be on what needs to be done for enforcement for Domestic Workers to be aware of their rights, and for practical compliance with regulations (contributions to be paid by employers through internet banking, for example, as opposed to having to go each month to the State bank to make the contributions).

Market Porters (Estibadores)

FETTRAMAP, acronym in Spanish for the Peruvian Federation of Land Market Porters and Manual Transport Workers, is a Federation of the CUT Peru (a Trade Union Confederation) founded in 1982  with 12 associations or trade unions situated in Lima, Cuzco and Junin. It has about 2,000 affiliates who unload the trucks that bring agricultural products to the wholesale markets. The Porter has multiple “employers” (wholesale traders), lacks a work contract and social protection. He is under the jurisdiction of the Local Government, which is the owner of the markets, but also relates to the private sector as the markets are operated by private enterprises – not interested in contractual obligations with the Porters.

The work of Market Porters is essential to the distribution of products among the population of urban centres, but is characterised by inadequate worker protection, very low income, discrimination, poverty and exclusion. There are terrible health effects of their working conditions, documented in several studies elaborated through Cooperation projects and the Ministry of Health. Occupational health issues due to the excess weight carried, which can reach as much as 130 and 140 kgs on their backs, over exertion, repetitive movements and other risks. This is a risky activity that undermines the workers’ health over time, without having any social protection.

There are two specific laws for this sector. One of them, Ley 25047, regulates what concerns labor rights, social benefits and social security. However, more than 20 years have passed since the law was approved, and the law is not enforced. It lacks the rules for implementation (a set of norms that Parliament has to approve after the Law has been signed), and authorities at the Minister of Labor constantly argue that its application is not viable given that this is a highly informal sector. Ley 29088 and its rules for implementation regulate the technical aspects of the porters work and its occupational health and safety. However, it is also not enforced as in the previous case. Therefore, it is necessary to look for different dialogue mechanisms with authorities, both local and national, for the enforcement of these norms.

Waste Picker

There are 3 national organizations of Waste Pickers: the National Movement of Waste Pickers (MNRP), the National Federation of Waste Pickers of Peru (FENAREP), and the National Networkof Waste Pickers of Perú (RENAREP). Waste Pickers organizations, with the support of NGOs and Cooperation entities, such as Ciudad Saludable and Avina Foundation, struggled to obtain the General Law of the Waste Pickers, which was finally ratified by the Ministry of the Environment in 2009. This Law establishes norms for the inclusion of waste pickers in the Municipal solid waste Management systems, and gives a range of time for Municipalities to make progress towards that. The Law also includes aspects of social protection in health, but is not very specific. It only states that waste pickers should have access to health services through the Universal Insurance for Health – a program that gradually should incorporate those unprotected to some sort of health service.

This sector is affected by Municipal norms, as well as national ones from the Ministry of the Environment. The enforcement of the Law is still little, with some training aspects starting to take place in certain regions of the country. There are drastic differences, among Municipalities in the country, about the treatment, special programs and insertion given to organized waste pickers.

Street and Market Vendors

The Lima Federation of Street Vendors (FEDEVAL) was created in 1979, with the existing district organizations then. It is affiliated to the CUT, and internationally to StreetNet.

FEDEVAL affiliates self-employed workers in popular street vending and small street markets, and markets of different shapes. In 2008, after modifying its Statutes, it widened its coverage to workers in other trade places, such as galleries, shopping centres, trading conglomerates, grocery stores, etc. It has approximately 6,000 affiliates. Membership has decreased in the last few years due to the constant evictions by Municipal authorities. Self-employed workers represent more than 35% of the National EAP, about 5 million, 30% of those are estimated to belong to popular street vending. The current Steering Committee has 7 women of a total of 12 members. Of the street vending population, 65% are women, and of these 45% are either single mothers or old-age. In the Federation, about 55% of members are women.

These workers seek to incorporate their Rights and aspirations in public policy, both of national and local reach. Progress in this sense was the approval of Odenanza Nº 002-85-MLM of 1985 a by-law of the Lima Municipality that regulates street vending and rights of workers in this sector. The norm included some of the proposals of the associations led by Fedeval. However, many of the aspects of the norm – which is still current – have not been implemented and others are outdated, given the changes in the labor market and the socio-economic dynamics. Fedeval is working along with other organizations affiliated to CUT in a joint proposal of modification of this norm. It has held a few workshops with its leaders to collect proposals for modification and brings that to CUT for a collective initiative that will submit a suggestion of modification to the new Municipal authorities.