Salud y seguridad en las minas a la luz del convenio 176 de la OIT: estudio de derecho comparado entre Colombia y Perú

Abstract

This paper was done in order to make a study of comparative law between regulatory models of Peru and Colombia, taking as a rebenchmark the impact of Convention No. 176 of 1995 on Safety and Health in Mines issued by the International Labor Organization - ILO, which states the guidelines for inspections, reporting and accident investigation, training, risk control and the right of mineworker to participate in decisions about occupational health and safety. It seeks to determine the implications for the mining sector in Peru with the ratification of ILO Convention 176, in order to make visible the progress or setbacks in countries where comply or do not comply the international recommendations. The study is divided into four chapters. The first describes the processes of mining in Colombia and Peru, the second will be a review of the meaning of international conventions, and specifically shall will describe the Convention 176 of the ILO, the third chapter, established a parallel between the laws in force in Peru and Colombia for comparing the rules relating to the issue of health and safety in mines existing in the two countries and that both meet the guidelines established by the Convention 176 of the ILO and the fourth chapter, will be make a statistical analysis on official figures on fatal accidents in Peru, trying to determine if there is a relationship between the ratification of the Convention and the progress of this country regarding the protection of the lives of mineworkers.