1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?
  2. Are there any sector-specific rules?
  3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
  4. Are there any government reporting requirements?
  5. Are there any penalties and enforcement mechanisms?
  6. Potential criminal, civil or administrative penalties for violations?
  7. Risks for directors or executives?
  8. Upcoming laws, regulations, etc?

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Peru
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1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?

  • Constitution of Peru (1993): Article 2, paragraph 24, subsection (b) prohibits slavery and human trafficking in all its forms.
  • Criminal Code of Peru. Article 129-O criminalizes forced labour and its aggravated forms.
  • Supreme Decree No. 003-97-TR, which approves the Consolidated Text of Legislative Decree No. 728, the Labor Productivity and Competitiveness Law. This regulation governs the fundamental conditions that must be present in all employment relationships, such as rights and benefits of workers, and obligations of employers, among others. Additionally, Law No. 29783 on Occupational Safety and Health, establishes the core requirements regarding occupational health and safety for all economic sectors nationwide.
  • Law No. 31330, which declares the implementation of public policies to prevent and eradicate forced labour to be of national interest, and establishes the National Observatory on Forced Labour. This law is regulated by Supreme Decree No. 005-2022-TR.

2. Are there any sector-specific rules?

The competent authority is the Ministry of Justice and Human Rights, which leads human rights policy in general.

However, the Ministry of Labour and Employment Promotion plays a key role in addressing forced labour and leads the National Commission for the Fight against Forced Labour.

3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?

No. In Peru, human rights due diligence is a voluntary strategy, incorporated into companies' ESG policies.
In 2019, the Ministry of Justice began developing the National Action Plan on Business and Human Rights, based on the UN Guiding Principles and other international standards. It was approved in 2021 by Supreme Decree No. 009-2021-JUS.

4. Are there any government reporting requirements?

No.

5. Are there any penalties and enforcement mechanisms?

No.

6. Potential criminal, civil or administrative penalties for violations?

Yes.

7. Risks for directors or executives?

Yes.

8. Upcoming laws, regulations, etc?

Bills have been introduced in the Peruvian Congress to make human rights due diligence mandatory for companies.

Likewise, the National Action Plan on Business and Human Rights 2021-2025 contemplates adapting the Peruvian regulatory framework to its guidelines.