Food and Catering (Ships' Crews) Convention, 1946 (No. 68) - Peru (RATIFICATION: 1962)

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The Government has communicated the following information:

The collective agreements provided in 1987 were concluded between the Association of Peruvian Shipowners and the Peruvian Federation of Seafarers. In accordance with Peruvian legislation, "seafarers" means those who show they have satisfactorily completed the corresponding training course organised by the National Merchant Marine School as well as the Training, Qualification and Watchkeeping for Seafarers Standards and obtained the boarding document from the maritime authorities (section B030308 and following of the Captaincy and Marine, River and Lake Activities Regulations). Thus, the collective agreements in question only apply to ordinary seafarers, since officers are covered by other collective agreements.

The above-mentioned Regulations, approved by Supreme Decree No. 02-87-MA of 9 April 1987, brought the Peruvian maritime legislation up to date and regulate the organisation, jurisdiction and functions of the maritime authority in maritime, river and lake activities in Peru and the supervision of activities in navigable waters, as well as personnel and material questions in the national merchant marine, fishing and water sports: maritime labour and similar activities; protection of the marine environment and its resources and wealth; safety of life at sea and on navigable rivers and lakes, safety and supervision of ports and docks; and the struggle against smuggling and other illegal activities within its competence. It also decides on administrative procedures for the investigation of damage or accidents to ships or persons, damage to cargo and contamination of waters.

The Regulations are obviously wide-ranging and comprehensive and they include the working conditions of seafarers on board ship.

As regards the Convention, the Regulations deal with the quantity and quality of food and catering on board ship and the right of crew members to make complaints to the competent authorities in respect of the quality and quantity of food provided on board. Yet there are some gaps and some unclear provisions in the Regulations which are being studied in detail by those concerned with a view to amending them.

Legislation dealing specifically with food and catering on board ship is envisaged.

Besides this, Parliament is studying a law to regulate working conditions of seafarers on board ship. Further, the present Committee should be informed that a tripartite seminar is taking place in Peru this month with participation of all professional maritime organisations in order to lay the foundations for working conditions on board ship.

In addition, a Government representative stated that, with respect to the observations made by the Committee of Experts on the necessity to adopt legislation on food and catering arrangements and to establish a labour inspection system, two legal provisions existed. The first, Supreme Decree No. 012-77-SA of October 1977, contained rules concerning the approval by the Ministry of Health for water for human consumption and the periodic control of equipment. As well, it set out the rules which must be observed in the supply, storage and handling of food. The other legal provision which covered ships' crews was the Captaincy Rules issued in 1987 which were intended to bring into conformity national legislation with ratified Conventions, including the present Convention. These rules specified that before ships set sail verification must be made that, according to the route, time of year, duration of the voyage and other foreseeable factors, sufficient supplies were on board. They also established the responsibilities of the administration. In regard to the establishment of an inspection system, the rules also required periodic inspection. Inspectors must record any deficiencies found, and these would be subject to sanctions. The rules also established the right of ships' crews if they numbered no less than one-third, to protest against the quantity and quality of the food supplied to them to the Maritime or Consular Authorities. The directorate of the Captaincy would take into consideration the comments made by the sectors affected by the rules so that any necessary modifications could be made. The Maritime Authorities had stated that with respect to the observations made by the Committee of Experts, that one of the issues which would be completed would be the supply of food and catering services. In conclusion, the Government representative stated that studies were being carried out with the aim of eventually enacting a law which would regulate the working conditions of ships' crews and that assistance in this matter had been requested from the ILO.

The Employers' members stated that collective agreements were also a means of applying the Convention, but what needed to be known was who were covered by these agreements. They asked if in Peru there existed the possibility to extend collective agreements by national legislation. They thought that the legal texts which had been referred to should be communicated to the ILO in order that they could be examined for any shortcomings and the means by which these could be overcome. They hoped that in the next report the Government would reply to the observations made by the trade unions in regard to the application of this Convention.

The Workers' members associated themselves with the comments made by the Employers' members. They remarked that this case had been discussed in 1983, 1984 and 1986, and that it had been the subject of a special paragraph in 1984. They hoped that the law to which the Government representative had referred would be enacted as quickly as possible and that the information requested from the Government, especially on the points raised by the Peruvian trade unions, would be sent as quickly as possible to the ILO.

The Worker member of Argentina expressed his agreement with the remarks made by the Workers' members' spokesman. He stressed the importance that food supplies and catering arrangements had for seafers given the nature of their work which obliged them to live away from their families for long periods of time. He asked the Government representative to urge her Government to undertake the necessary legislative measures to fulfil the provisions of the present Convention.

The Government representative stated that her Government recognised that the provisions of the Convention had not been fully complied with, but that they were endeavouring to bring into conformity all legislation with the provisions of international Conventions. She referred to the problems that arose when responsibilities were shared with other sectors; in the present case the Ministry of Defence of which depends also the Merchant Navy. In reply to the Employers' members on the question of collective agreements, she stated that collective agreements which applied to ships' crews members had been sent to the ILO; those which applied to officers would be sent shortly.

The Committee takes note of the detailed written and oral information supplied by the Government. As pointed out in the observation of the Committee of Experts, laws or regulations should be adopted to give effect to several Articles of the Convention. The indications given by the Government show that the regulations adopted in 1987 do not meet all these requirements, especially since the case was discussed for many years. The Committee hopes that the Government will take all necessary measures in the near future, with the assistance of the ILO, and supply full information in this respect.

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The Committee notes the Government’s indication, in its reports on the application of various maritime Conventions, that the Maritime Labour Convention, 2006 (MLC, 2006), is being examined within the Technical Labour Committee of the National Council for Labour and Employment Promotion. The Committee also notes the adoption, by Supreme Decree No. 015-2014-DE of 28 November 2014, of the Regulations implementing Legislative Decree No. 1147 on the strengthening of the armed forces in terms of the competencies of the National Maritime Authority – Port and Coastguard Directorate-General (DICAPI) (hereinafter Regulations implementing Legislative Decree No. 1147). The Committee also notes the information provided by the Government according to which officials of the Labour Inspection Policies Directorate-General at the Ministry of Labour and Employment Promotion (hereinafter Ministry of Labour) and of the National Labour Inspection Supervisory Authority (SUNAFIL) are drafting a “Maritime Labour Protocol” concerning inspections on board ships and forecast that the drafting process will be completed by January 2017. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, which is set out below.

The Committee observes that article 55 of the Political Constitution of Peru provides that treaties concluded by the State and still in force form part of national law. On this basis, the Committee requests the Government to confirm whether, in the absence of specific national provisions that give effect to the self-executing provisions of the Conventions, the latter provisions are directly applicable in Peru.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)

Article 2(2) of the Convention. Amount of unemployment indemnity in case of shipwreck. In its previous comments, the Committee reminded the Government that the compensation mechanism of the common labour system, based on length of service, is not in conformity with the Convention, which provides for compensation based on the actual period of unemployment in the event of the loss or foundering of the ship. The Committee notes the Government’s indication that section 449(d) of the Regulations implementing Legislative Decree No. 1147 provides that the foundering of a national vessel does not exempt the shipowner from payment of compensation resulting from the loss or foundering of the ship, in accordance with the national regulations and international instruments to which Peru is party. The Committee requests the Government to indicate whether national provisions have been adopted which establish the amount of indemnity provided for in section 449 of the abovementioned Decree.

Placing of Seamen Convention, 1920 (No. 9)

Articles 1–10 of the Convention. System for the placement of seafarers. In its previous comments, the Committee noted that the Convention was applied through Supreme Decree No. 018-73/MA of 18 December 1973, establishing the Seafarers’ Placement Office, and Ministerial Decision No. 1905-73/MA/SF of 21 December 1973, issuing the regulations for the Seafarers’ Placement Office. However, the Committee notes the Government’s indications that both legislative texts have been repealed. The Committee also notes the Government’s statement that seafarers’ placement offices ceased to operate after the Regulations implementing Act No. 26610 were issued and that there are currently no public or private bodies responsible for placing seafarers in employment. The Committee therefore requests the Government to indicate the measures taken to ensure that an efficient and adequate system of offices for finding employment for seafarers without charge is organized and maintained.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 3 of the Convention. Guarantees relating to the signature of articles of agreement. In its previous comment, the Committee asked the Government to indicate the manner in which guarantees relating to the signature of articles of agreement are respected, as established by the Convention. In this respect, the Government refers to the Regulations implementing Legislative Decree No. 1147. The Committee observes that although section 446 of the aforementioned Regulations guarantees the formalization before the Peruvian consul of articles of agreement concluded abroad, the said section does not establish the conditions for the signature of articles of agreement when the latter are concluded in Peru. The Committee therefore requests the Government to indicate the provisions adopted or contemplated to give effect to Article 3 of the Convention.

Article 4. Clauses on the rules of jurisdiction. The Committee notes that section 444.4 of the Regulations implementing Legislative Decree No. 1147 stipulates that the competent authority shall establish the clauses to be included in employment contracts for seafarers. However, the Committee observes the Government’s indication that no supplementary regulations have been issued regarding the clauses governing articles of agreement. The Committee recalls that, under the terms of the Convention, adequate measures must be taken to prevent articles of agreement from containing any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement. The Committee therefore requests the Government to indicate the measures taken or contemplated to give effect to Article 4 of the Convention.

Article 5. Document recording service on board. The Committee notes that, under section 444.3 of the Regulations implementing Legislative Decree No. 1147, shipowners shall adopt the necessary measures to ensure that seafarers, including the ship’s master, can easily obtain on board ship clear information on the terms of their employment, in particular a copy of the employment contract, and shall provide seafarers with a document containing a record of their service on board. However, the Committee observes that the Regulations implementing Legislative Decree No. 1147 do not determine the form or the content of the record of service on board. The Committee recalls that, under the terms of the Convention, seafarers must be given a document containing a record of their service on board and that the legislation shall determine the form of the document, the particulars to be recorded and the manner under which the latter are to be entered in it. The Committee therefore requests the Government to indicate the measures taken to give effect to Article 5 of the Convention.

Article 9. Termination of an agreement for an indefinite period. In its previous comment, the Committee asked the Government to indicate the provisions that give effect to Article 9, under which an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given in writing, which shall not be less than 24 hours. National law shall determine the exceptional circumstances in which notice even when duly given shall not terminate the agreement. The Committee notes that the Regulations implementing Legislative Decree No. 1147 do not give effect to the provisions of this Article. The Committee therefore requests the Government to indicate the provisions adopted or contemplated to give effect to Article 9 of the Convention.

Article 11. Immediate discharge. The Committee observes that the Regulations implementing Legislative Decree No. 1147 do not lay down the conditions for immediate discharge. The Committee recalls that, under the Convention, national law shall determine the circumstances in which the owner or master may immediately discharge a seafarer. The Committee therefore requests the Government to indicate the measures taken to give effect to Article 11 of the Convention.

Article 14(2). Separate certificate regarding the quality of work. In its previous comments, the Committee asked the Government to indicate how it is ensured that seafarers can obtain a separate certificate regarding the quality of their work from the ship’s master. The Committee notes the Government’s reference to the Regulations implementing Legislative Decree No. 1147. However, the Committee observes that the Regulations do not give effect to this provision of the Convention. The Committee therefore requests the Government once again to indicate the manner in which effect is given to Article 14(2) of the Convention.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 3(1) and (4) of the Convention. Conditions of repatriation. In its previous comments, the Committee asked the Government to clarify the status of law and practice regarding the conditions under which Peruvian and foreign seafarers have the right to repatriation. The Committee notes the information supplied by the Government to the effect that the Regulations implementing Legislative Decree No. 1147 govern the conditions of repatriation of seafarers without distinction of nationality in accordance with this provision of the Convention.

Article 4(c). Repatriation expenses in the event of illness. In its previous comments, the Committee asked the Government to indicate how it is ensured that the expenses of repatriation are not a charge on the seafarer in the event of illness. The Committee notes with interest that section 447.1 of the Regulations implementing Legislative Decree No. 1147 prohibits the expenses of repatriation being a charge on the seafarer in the event of illness.

Article 6. Obligations of the public authority of the country in which the vessel is registered. In its previous comments, the Committee asked the Government to provide information on the instructions received by the public authority to ensure the repatriation of seafarers without distinction of nationality and to advance repatriation expenses if necessary. The Committee notes that, under section 775.2 of the Regulations implementing Legislative Decree No. 1147, the National Maritime Authority must help to enable the prompt repatriation or re-embarkation of seafarers by the shipowner further to a marine accident. The Committee also notes the Government’s indication that the analysis of the requested information is still in progress. While noting this information, the Committee requests the Government to indicate the measures taken to give full effect to Article 6 of the Convention.

Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)

Article 3 of the Convention. Cooperation with organizations of shipowners and seafarers. In its previous comments, the Committee asked the Government to provide information on cooperation between the competent authority and organizations of shipowners and seafarers regarding food and catering on board ship. The Committee observes that although the Government supplies information on the coordination of activities between the authorities concerned, it does not indicate how cooperation between the competent authority and organizations of shipowners and seafarers is ensured. The Committee therefore requests the Government once again to provide information on the measures taken in this respect, in accordance with Article 3 of the Convention.

Article 11(2). Refresher courses. In its previous comments, the Committee asked the Government to provide information on refresher courses for catering staff on ships. The Committee notes the Government’s indication that training for seafarers in food and catering on ships is carried out by the shipping companies in coordination with the various maritime and other training centres that provide training in the practical aspects of cooking, food and personal hygiene, food storage, management of stocks, and protection of the environment, and safety and health in catering. The Committee notes this information.

Article 12. Collection and dissemination of information and recommendations. In its previous comments, the Committee asked the Government to indicate the measures taken to ensure that the competent authority collects and disseminates information and issues recommendations on food and catering on ships. The Committee notes the Government’s indication that the analysis of the requested information is still being completed with a view to forwarding the information to the Committee as soon as possible. The Committee requests the Government once again to provide details of the measures taken to collect and disseminate information and issue recommendations on food and catering.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Article 4(4) of the Convention. Examination for a certificate of qualification. The Committee recalls that, under the terms of the Convention, the competent authority shall prescribe the examination for the granting of a certificate of qualification as ship’s cook directly or, subject to its control, by an approved school for the training of cooks or other approved bodies. The Committee notes the Government’s indication that the training of ships’ cooks is conducted by the shipping companies in coordination with the various maritime and other training centres that provide training in the practical aspects of cooking, food and personal hygiene, food storage, management of stocks, and protection of the environment, and safety and health in catering. The Committee requests the Government to indicate the measures taken by the competent authority to give effect to Article 4(4) of the Convention and to send information especially on the organization and content of the examination for the granting of a certificate of qualification as ship’s cook.

Article 6. Recognition of certificates. In its previous comments, the Committee asked the Government to indicate whether or not provision had been made for the recognition of certificates of qualification issued by other countries. The Committee notes the Government’s indication that DICAPI recognizes foreign qualifications pursuant to section 385 of the Regulations implementing Legislative Decree No. 1147.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Article 3 of the Convention. Recognition of certificates. In its previous comments, the Committee asked the Government to provide information on the content of medical examinations for seafarers. The Committee notes with interest the adoption of Executive Decision No. 0619-2010/DCG of 13 August 2010, issuing regulations governing medical examinations for merchant navy personnel.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(i) of the Convention. Safety standards. Substantial equivalence to Article 7 of Convention No. 134. Prevention of accidents. In its previous comments, the Committee asked the Government to provide information on the members of the crew responsible for accident prevention. The Committee notes the Government’s indication that accident prevention on board ship is the responsibility of the ship’s master, pursuant to sections 387, 400, 402, 403, 407, 408 and 409 of the Regulations implementing Legislative Decree No. 1147. The Committee notes this information.

Article 2(b) and (f). Exercise of effective jurisdiction or control by the flag State. In its previous comments, the Committee asked the Government to provide information on the control of ships flying the Peruvian flag with respect to safety on board ship, social security and conditions of employment. The Committee notes that sections 12, 14, 16, 312, 581, 603 and 642–645 of the Regulations implementing Legislative Decree No. 1147 establish a system of control over safety on board ship. The Committee also notes the Government’s indication that, under section 3 of the General Labour Inspection Act (No. 28806) the Ministry of Labour is responsible for the inspection of merchant ships, regardless of the flag they fly. The Committee notes this information.

Article 2(d)(i). Procedures for the engagement of seafarers on Peruvian ships. The Committee notes the Government’s indication that there are currently no public or private entities responsible for the placement of seafarers. The Committee recalls that, under the terms of the Convention, the Government must ensure that there are adequate procedures for the engagement of seafarers on ships registered in its territory. The Committee therefore requests the Government to indicate the measures taken in law or in practice to ensure compliance with this provision of the Convention.

Article 2(d)(ii). Procedures for the transmission of complaints concerning the engagement of seafarers on foreign ships. The Committee notes the Government’s indication that, under section 100 of the Regulations implementing Legislative Decree No. 1147, when port State officials (OSERP) detect any defects which impede the sailing of the ship, they notify the harbourmaster’s office with a view to informing the flag State administration and, where appropriate, the recognized organizations that have issued relevant certificates on behalf of the flag State. While noting this information, the Committee recalls that, under the terms of the Convention, the Government must ensure that any complaint concerning the engagement in its territory of foreign seafarers on ships registered in a foreign country is reported to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Article 2(g). Publication of the report on an inquiry into a serious accident. In its previous comments, the Committee asked the Government to indicate how it is ensured that an official inquiry is held in the event of a serious maritime accident. The Committee notes the Government’s indication that the DICAPI has a department for the investigation of maritime accidents, which is responsible for holding the relevant inquiries and forwarding the information to the corresponding bodies and organizations. The Committee recalls that the requirement of publication can be satisfied when the final report is made available to the interested parties and the conclusions are announced publicly (see 1990 General Survey on labour standards on merchant ships, paragraph 258). The Committee therefore requests the Government to clarify the manner in which the conclusions of the department for the investigation of maritime accidents are published.

Article 4. Port State control. In its previous comments, the Committee asked the Government to specify whether complaints may be submitted to the port authority by professional bodies, associations or trade unions. The Committee notes the Government’s indications that any person with a legitimate interest, including trade unions and other professional bodies, may voice grievances to the port authority and file complaints through the system established at the Ministry of Labour, which is responsible for the inspection of merchant ships, irrespective of the flag they fly. The Committee notes this information.

Labour Inspection (Seafarers) Convention, 1996 (No. 178)

Article 1(7) of the Convention. Scope of inspection. In its previous comments, the Committee asked the Government to clarify the scope of inspection of seafarers’ working and living conditions. The Committee notes the drafting of the “Maritime Labour Protocol”. The Committee also notes that sections 642.1 and 642.2 of the Regulations implementing Legislative Decree No. 1147 provide that naval vessels and craft inspected by the Inspection and Audit Office of the National Maritime Authority must fulfil all conditions for ensuring the safety of human life at sea, conditions of accommodation and catering, and conditions of health and hygiene. The Committee requests the Government to indicate whether the Inspection and Audit Office investigates other aspects of seafarers’ working and living conditions such as conditions relating to minimum age, articles of agreement, recruitment, manning, qualifications, hours of work, prevention of occupational accidents, medical care, sickness and injury benefits, social welfare and related matters, and repatriation. The Committee also requests the Government to provide updated information on the drafting of the “Maritime Labour Protocol”.

Article 3(1). Periodic inspection of registered ships. In its previous comments, the Committee asked the Government to indicate whether all Peruvian-flagged vessels above 500 gross tonnage are inspected at intervals not exceeding three years, with a view to verifying that seafarers’ working and living conditions are in conformity with the national legislation. The Committee notes that the Government does not provide any information in reply to this request. However, the Committee observes that section 649 of the Regulations implementing Legislative Decree No. 1147 provides that national vessels undertaking international voyages must undergo the necessary inspections, together with the annual or periodic examination, to verify that they observe the appropriate conditions regarding accommodation, health, hygiene, prevention of occupational accidents, and food and catering. The Committee notes this information.

Article 4. Qualifications of inspectors. In its previous comments, the Committee asked the Government to indicate by what means it is ensured that inspectors responsible for verifying seafarers’ working and living conditions have appropriate qualifications to perform their duties. The Committee notes the Government’s indication that the DICAPI has a specialized department and OSERP officials perform duties in ports. However, the Committee notes the Government’s indication that it is for the Ministry of Labour to conduct inspections on board merchant ships, pursuant to section 3 of Act No. 28806. The Committee therefore requests the Government to provide information on the qualifications of inspectors of the Ministry of Labour who conduct inspections on board ship.

Article 9(1). Inspection report. In its previous comments, the Committee asked the Government to indicate by what means it is ensured that, in the case of ship inspections, one copy of the inspection report is communicated to the master of the ship and another copy is posted on the ship’s noticeboard for the information of the seafarers. The Committee notes the Government’s indication that section 45(a) and (b) of Act No. 28806 provides that when the labour inspectorate establishes non compliance with social and labour obligations, it issues an infringement report and notifies the employer to that effect. However, the Committee observes that the aforementioned provision does not ensure that the master of the inspected ship receives a copy of the infringement report or that the report is posted on the ship’s noticeboard for the information of the seafarers. The Committee therefore requests the Government once again to indicate how effect is given to Article 9(1).

Article 9(2). Submission of the inspection report pursuant to a major incident. In its previous comments, the Committee asked the Government to specify how it is ensured that, in the case of a ship inspection pursuant to a major incident, the inspection report is submitted as soon as practicable, but not later than one month, following the conclusion of the inspection. The Committee notes the Government’s indication that section 13 of Act No. 28806 provides that the investigation or verification activities of the labour inspectorate shall be carried out within the time frame indicated for each specific case, though this may not exceed 30 working days and, where necessary, authorization may be given to prolong the verification activity. The Committee therefore requests the Government once again to indicate which measures ensure that the inspection report pursuant to a major incident is submitted as quickly as possible.

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The Committee notes the Government’s indication, in its reports on the application of various maritime Conventions, that the Maritime Labour Convention, 2006 (MLC, 2006), is being examined within the Technical Labour Committee of the National Council for Labour and Employment Promotion. The Committee also notes the adoption, by Supreme Decree No. 015-2014-DE of 28 November 2014, of the Regulations implementing Legislative Decree No. 1147 on the strengthening of the armed forces in terms of the competencies of the National Maritime Authority – Port and Coastguard Directorate-General (hereinafter Regulations implementing Legislative Decree No. 1147). The Committee also notes the information provided by the Government according to which officials of the Labour Inspection Policies Directorate-General at the Ministry of Labour and Employment Promotion (hereinafter Ministry of Labour) and of the National Labour Inspection Supervisory Authority are drafting a “Maritime Labour Protocol” concerning inspections on board ships and forecast that the drafting process will be completed by January 2017. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, which is set out below.

The Committee observes that article 55 of the Political Constitution of Peru provides that treaties concluded by the State and still in force form part of national law. The Committee requests the Government to confirm whether, on this basis, in the absence of specific national provisions that give effect to the self-executing provisions of the Conventions, the latter provisions are directly applicable in Peru.

Food and Catering (Ships’ Crews) Convention, 1946 (No. 68)

Article 7(2) of the Convention. Inspection at sea. In its previous comments, the Committee asked the Government to take measures to ensure that the results of inspections carried out at sea by the ship’s master or a specially deputed officer are recorded in writing. The Committee notes the Government’s reference to the drafting of the “Maritime Labour Protocol” which is in progress. While noting this information, the Committee requests the Government once again to take the necessary measures without delay to give effect to Article 7(2).

Article 10. Annual report. In its previous comments, the Committee asked the Government to provide information on the preparation of an annual report on food and catering on board ship. The Committee notes the Government’s indication that the analysis of the requested information is still being completed. The Committee requests the Government once again to take the necessary measures without delay to give effect to Article 10.

Certification of Ships’ Cooks Convention, 1946 (No. 69)

Article 4(2)(b) of the Convention. Minimum period of service at sea. In its previous comments, the Committee asked the Government to prescribe a minimum period of service at sea for obtaining a certificate of qualification as ship’s cook. The Committee notes the Government’s reference to sections 5(15), 374, 378 and 442 of the Regulations implementing Legislative Decree No. 1147 and Supreme Decree No. 048-90-DE/MGP of 9 October 1990 approving the Regulations concerning ships’ cooks. However, the Committee observes that the aforementioned provisions do not establish a minimum period of service at sea for obtaining a certificate of qualification as ship’s cook. The Committee therefore requests the Government once again to take the necessary measures to give effect to Article 4(2)(b).

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Article 3 of the Convention. Recognition of certificates. In its previous comments, the Committee asked the Government to provide information on the content of medical examinations for seafarers. The Committee notes with interest the adoption of Executive Decision No. 0619-2010/DCG of 13 August 2010 issuing regulations governing medical examinations for merchant navy personnel.

Article 8. Further examination after refusal of a medical certificate. In its previous comments, the Committee asked the Government to provide information on the provisions that ensure that a person who has been refused a certificate may apply for a further examination by one or more independent medical referees. The Committee notes that the Government refers to sections 49 and 71 of the Occupational Safety and Health Act No. 32222, which establish the obligation for the employer to conduct occupational medical examinations before, during and after the employment relationship. However, the Committee observes that the aforementioned provisions do not guarantee the right to request a second medical examination when the first has resulted in refusal. The Committee therefore requests the Government once again to take measures without delay to give effect to Article 8.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(i) and (iii) of the Convention. Safety standards and shipboard living arrangements. Substantial equivalence to the Accommodation of Crews Convention (Revised), 1949 (No. 92). In its previous comments, the Committee asked the Government to consider appropriate measures to ensure that the national legislation contains provisions that are substantially equivalent to those concerning safety standards and shipboard living arrangements laid down in Convention No. 92. The Committee notes the Government’s indication that although the National Maritime Authority has the competence to issue supplementary regulations concerning accommodation pursuant to section 447.2 of the Regulations implementing Legislative Decree No. 1147, it has not exercised that competence. The Committee observes that neither the Regulations nor the Code of Safety for the equipment of naval, maritime, river and lake vessels and craft, adopted by Executive Decision No. 0562-2003/DCG of 5 September 2003 (Safety Code) regulate the following matters relating to safety standards and shipboard living arrangements laid down in Convention No. 92: notification of the adoption of provisions concerning accommodation (Article 3(2)(a)), prior consultation of shipowners’ and seafarers’ organizations regarding the framing of regulations on accommodation (Article 3(2)(e)), inspections when the ship has undergone alterations (Article 5), materials used (Article 6), adequate system of heating (Article 8(1) and (6)), adequate lighting (Article 9), location of sleeping rooms (Article 10(1)), recreation spaces (Article 12), sanitary accommodation for the crew (Article 13(1), (8) and (10)), hospital accommodation on board (Article 14), and weekly inspections (Article 17). The Committee recalls that these Articles are considered substantive provisions of Convention No. 92 relating to safety and shipboard living arrangements, with which compliance is necessary in order to establish the existence of substantial equivalence (see 1990 General Survey on labour standards on merchant ships, paragraphs 120, 174 and 175). The Committee requests the Government once again to take the necessary measures to ensure that the national legislation contains provisions substantially equivalent to those concerning safety standards and shipboard living arrangements established in Convention No. 92.

Labour Inspection (Seafarers) Convention, 1996 (No. 178)

Article 3(3) of the Convention. Inspection in cases of substantial changes. The Committee recalls that it asked the Government to indicate whether, in cases of substantial changes in construction or accommodation arrangements, the ship is inspected within three months of such changes. The Committee notes with regret that the Government indicates that the process of analysis is still being completed and does not provide any information in reply to its request. However, the Committee notes that section 579 of the Regulations implementing Legislative Decree No. 1147 provides that the alteration of naval vessels and craft is governed by technical standards established to that end by the Directorate-General but does not shed any light on whether these technical standards require an inspection within three months. The Committee therefore requests the Government once again to clarify whether substantial changes in ship construction or accommodation arrangements are inspected within three months of such changes.

Article 6(2). Compensation for unreasonable detention or delay. In its previous comments, the Committee asked the Government to indicate how it is ensured that, if a ship is unreasonably detained or delayed, the shipowner or operator of the ship is entitled to compensation for any loss or damage suffered. The Committee notes with regret that the Government does not provide any information in reply to this request. The Committee therefore requests the Government once again to indicate the measures taken to give effect to this provision of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 3 of the Convention. Cooperation with organizations of shipowners and seafarers and with national authorities. The Committee notes the information provided by the Government in its report concerning the provisions contained in the Act of 30 May of 1996 on Ports and Activities at Sea and on Inland Waterways and legislation relating to the sanitary control of food and beverages. It recalls that the Convention requires that the activities of the various authorities be duly coordinated so as to avoid overlapping or uncertainty of jurisdiction. However, the Committee understands that the national legislation makes no provision for cooperation with shipowners and seafarers organizations and other entities, except in matters of labour inspection under section 33 of the Labour Inspection and Protection of Workers Act of 16 March 2001. In addition, the Committee recalls that the same requirement has been incorporated in Guideline B3.2.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore requests the Government to provide additional information concerning the manner in which such collaboration and coordination are effectively ensured.

Article 5(2). Laws and regulations on food supplies and catering services. The Committee recalls its previous comment in which it noted that national legislation does not regulate the quantity and quality of the food supply and catering arrangements on board ships. It recalls, in this respect, that the same requirement has been incorporated in Standard A3.2(1) and (2)(a) of the MLC, 2006. In the absence of the Government’s reply on this point, the Committee once more requests the Government to take the necessary measures to ensure that the provision of food of suitable quantity and quality as well as the arrangement and equipment of the catering department in every vessel are regulated by means of laws or regulations.

Article 7(2). Inspection at sea. Further to its previous comment regarding the absence of a written record of inspections carried out at sea, the Committee emphasises that, according to the Convention, there must be a written record of such inspections. The Committee notes that the Government’s report does not provide any indication relating to the measures taken in order to bring the national legislation in line with this Article of the Convention. In addition, the Committee recalls the same requirement has been incorporated in Standard A3.2(7) of the MLC, 2006. Consequently, the Committee once again requests the Government to take the necessary measures to ensure that the results of each inspection carried out at sea by the ship’s master are duly recorded, as required under this Article of the Convention.

Article 10. Annual report. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 10 of the Convention. It recalls, in this connection, that the Government in earlier reports made reference to a special standing commission responsible for examining and evaluating international labour Conventions on matters relating to seafarers (CECMAL–OIT), but has not given any information on the functioning of such a Committee since 1994. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of the report on inspections activities as soon as it is drawn up.

Article 11(2). Refresher courses. The Committee notes that the Ministry of Labour has submitted the question of application of Article 11 of the Convention for the consideration by the Directorate General of Ports and Coast Guards. The Committee requests the Government to provide information in its next report concerning the measures adopted to establish refresher courses pursuant to this Article of the Convention.

Article 12. Collection and publication of information. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 12 of the Convention. It recalls that the same requirements have been incorporated in Guideline B3.2.1(1) and (2) of the MLC, 2006. The Committee requests the Government to keep the Office informed of any measures taken by the competent services to discharge their responsibility for collecting and disseminating up-to-date information on food and catering on board ships and issuing recommendations.

Part V of the report form. Practical application. Noting that the Government has not provided for several years any information of a general nature concerning the application of the Convention in practice, the Committee requests the Government to supply up-to-date information, including, for instance, extracts from reports of the inspection services, any available information as to the number and nature of complaints which may have been made by members of ships’ crew, copies of any applicable collective agreements containing clauses on food and catering, relevant decisions of the Directorate General of Ports and Coast Guards, information on any training courses for members of the catering department of seagoing vessels copies of any notices issued by the competent authority to ships’ masters, stewards or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 68 have been incorporated into Regulation 3.2, Standard A3.2 and Guideline B3.2.1 of the MLC, 2006. Moreover, the MLC, 2006, introduces some new provisions regarding the obligations to take into account the differing cultural and religious backgrounds, to provide food free of charge and to carry a fully qualified cook on board. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

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The Committee notes the information supplied by the Government. It wishes to draw the Government’s attention to the following points.

In answer to the comments made in 2001 by the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers alleging non-compliance with the provisions of the Convention by Peru, the Government indicates that whenever a problem arises concerning the application of the Convention, suitable remedial measures are taken in accordance with the law; and it therefore considers that the abovementioned comments are unfounded. The Government states that it is nevertheless ready to respond to any requests for information from the Committee. According to the information supplied in the Government’s report, no texts have been enacted recently on food and catering for ships’ crews. The Committee requests the Government to indicate in its next report the suitable measures to which it refers, and to indicate in particular the manner in which it has resolved the problem raised by the abovementioned union.

Article 2, paragraph 2, and Article 12 of the Convention. Research into and educational information on food supply and catering. A study on the diet of crew members was conducted in 1984 by the Naval Medical Centre. The Committee requests the Government to indicate in its next report whether other studies, inter alia, on methods of ensuring a proper food supply and catering service, have been conducted in recent years. It also asks the Government to indicate whether recent information on new methods for the purchasing, storing and preservation of food and for waste control have been collected and disseminated in accordance with Article 12 of the Convention.

Article 3. Cooperation with organizations of shipowners and seafarers and with national authorities. According to this provision, the competent authority must carry out its work in close cooperation with the organizations of shipowners and seafarers and with national or local authorities concerned with questions of food and health. In this provision, the authority’s work is to be construed broadly. Amongst other things it involves setting up both national regulations and an inspection system. The national legislation only provides, in section 33 of Legislative Decree No. 910 of 16 March 2001 on labour inspection and the protection of workers, for the signing of cooperation agreements regarding inspection with public entities or bodies and with organizations of employers and workers. Consequently, the Committee requests the Government to indicate whether the competent authority also cooperates with these entities on matters pertaining to the regulation of food and catering for crews.

Article 5, paragraph 2. Requirement for the provision of suitable food and water supplies. Although sections A-070101 to A-070103 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews contain, as required by Article 5, paragraph 2(a), of the Convention, provisions on the nutritive value and variety of food, there is no indication as to the quantity and quality of the food. Section E-010705 of Supreme Decree No. 002-87-MA of 9 April 1987 stipulates only that pilots are required to give the ship’s master confirmation that supplies are adequate for the voyage planned. Consequently, the Committee requests the Government to indicate the manner in which the requisite quantity of food is calculated. It also asks the Government to take the necessary steps to ensure that provisions governing both the quantity and the quality of food are incorporated in the legislation.

Article 7, paragraph 2. Inspection at sea. According to section A-080104 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for crews on merchant ships, the chief pilot is responsible for carrying out a daily inspection in addition to the annual inspection performed by the maritime authority. According to section A-080105, however, only the results of the maritime authority’s inspections are recorded. The Committee points out that, according to the Convention, there must be a written record of the results of each inspection at sea. The Committee therefore asks the Government to take the necessary steps to ensure that the results of each inspection carried out at sea by the ship’s master or an officer are recorded as required by the Convention.

Article 10. Preparation of an annual report. For many years the Committee has been asking the Government to provide the annual report prepared by the competent authority. The Government again indicates that such a report has still not been prepared. It states, however, that the Directorate General of Harbour Offices and Coastguards has sent the model on which the Government plans to base the report; this model being appended to the report. Since the Committee has not received the model, it requests the Government to send it with its next report. It hopes that the Government will be in a position to send the report required by the Convention as soon as possible.

Article 11, paragraph 2. Refresher courses. Sections A-010102 and A-010107 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews set forth the requirements and qualifications demanded of staff responsible for food. According to the provisions of the Convention, refresher courses, enabling persons already trained to bring their knowledge and skill up to date must be provided. Since the national legislation contains no provisions of this kind, the Committee requests the Government to take the necessary steps to establish such courses.

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In its previous direct request the Committee asked the Government to provide the reply to the comments of the Union of Crew Members of Maritime Vessels for the Protection of C.P.V.S.A. Workers concerning the alleged non-observance by Peru of the Convention, previously transmitted to the Government for response. It notes that the Government’s report does not reply to these comments. The Committee once again asks the Government to provide its reply to these comments.

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The Committee notes the comments of the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers concerning the alleged non-observance by Peru of the Convention, previously transmitted to the Government for response. Referring also to its 1998 direct request the Committee asks the Government to provide its reply to these comments.

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Article 3 of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government concerning the special standing commission set up by Ministerial Resolution No. 060-96-PCM. The Committee notes that this commission is responsible for advising on the signing, accession to and ratification of international conventions. Its terms of reference do not appear to cover the requirement of Article 3 of the Convention, which concerns cooperation between the competent authority and the organizations of shipowners and seafarers and the coordination of different authorities in relation to aspects covered by the Convention once it has been ratified. The Committee hopes that the Government will provide information in its next report on the manner in which such collaboration and coordination is ensured.

Article 9, paragraph 2. The Committee notes the information in the Government's last report concerning the scope of Ministerial Resolution 0726-92-SA/DM and section 83, subparagraph (f), of the General Customs Duties Act. The Committee notes that the content of the Act in question bears no relation to the provisions of this Article of the Convention. The Committee once again requests the Government to indicate if it has adopted legislation providing for specific penalties for the infringements referred to in this provision of the Convention, and, if it has done so, to provide the Office with a copy of the relevant text.

Article 10. The Committee notes that the General Directorate of Harbours and Coastguards of the Peruvian Navy is in the process of drawing up its annual report. The Committee hopes that this report will be published once it is completed and made available to organizations and persons who may be interested and that a copy will be provided for the ILO.

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With reference to its previous comments, the Committee notes with interest the information supplied by the Government in its report. The Committee requests the Government to supply additional information on the following points.

Article 3 of the Convention. In its report in 1990, the Government referred to the existence of a special standing commission which is responsible for examining and evaluating international labour Conventions and Recommendations on matters relating to the work of seafarers (CECMAL-OIT), in cooperation with shipowners and seafarers. In its latest report, the Government no longer refers to the special commission nor supplies any other information relating to the application of this Article of the Convention concerning cooperation with the organizations of shipowners and seafarers and with the various authorities concerned, apart from indicating that this provision is still not applied. Please clarify this point.

Article 9, paragraph 2. The Committee notes the information that the new national legislation is still being formulated with regard to specific penalties for the violations referred to by this provision of the Convention. The Government is asked to state whether this legislation has been adopted and, if so, to supply a copy of it.

Article 10. Please provide an copy of the most recent annual report published by the competent authority.

Point V of the report form. Please supply general information on the manner in which the Convention is applied, including, for example, copies of collective agreements relating to food and the catering service on board vessels.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the communication of the Trade Union of Crews of Petroleum Transoceanica S.A. in which the Union states that section 070105 of the Regulations concerning food and catering on board ship, approved by Supreme Decree No. 047 DE/MGP of 1990, provides a cash equivalent of the food ration for crew who have, for any reason, to feed themselves ashore which is inferior to the protection required under the Convention. In its view the Convention is binding and under article 57 of the Peruvian Constitution cannot be renounced, so that all contrary provisions or agreements such as sections 070105 and 070106 of the above Regulations are void. It adds that in cases of any doubts as to the scope and contents of any such provisions the interpretation should be in favour of workers. The Government has replied that the provisions in question do not relate to the obligation in respect of food and catering on board ship, which is fulfilled by the company. The Committee recalls that the Convention requires the promotion by the ILO member State for which it is in force of a proper standard of food and catering for the crews of vessels (Article 1(1)). Legislation on food and catering arrangements should be designed to secure the health and well-being of crews, with food and water supplies which are suitable in respect of quantity, nutritive value, quality and variety (Article 5). The Committee notes also that the competent authority should work in close cooperation with the organizations of shipowners and seafarers in regard to these matters (Article 3). It would be grateful if in its next report the Government would indicate the nature of the difficulties met with and the results of any consultations undertaken. Please also indicate what steps might be taken in this light.

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The Committee notes the communication of the Trade Union of Crews of Petroleum Transoceanica S.A. in which the Union states that Supreme Decree No. 047 DE/MGP of 1990 concerning food and catering on board ship provides a cash equivalent of the food ration for crew who have, for any reason, to feed themselves ashore which is inferior to the protection required under the Convention. In its view the Convention is binding and under article 57 of the Peruvian Constitution cannot be renounced, so that all contrary provisions or agreements such as sections 07105 and 07106 of the Decree are void. It adds that in cases of any doubts as to the scope and contents of any such provisions the interpretation should be in favour of workers.

The Government has replied that the provisions in question do not relate to the obligation in respect of food and catering on board ship, which is fulfilled by the company.

The Committee notes that the Convention requires the promotion by the ILO member State for which it is in force of a proper standard of food and catering for the crews of vessels (Article 1(1)). Legislation on food and catering arrangements should be designed to secure the health and well-being of crews, with food and water supplies which are suitable in respect of quantity, nutritive value, quality and variety (Article 5). The Committee notes also that the competent authority should work in close cooperation with the organisations of shipowners and seafarers in regard to these matters (Article 3). It would be grateful if in its next report the Government would indicate the nature of the difficulties met with and the results of any consultations undertaken. Please also indicate what steps might be taken in this light.

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Further to its observation and its previous direct request, the Committee has noted with interest the indications as to co-ordination and co-operation between the various authorities and shipowners' and seafarers' organisations in relation to the Convention (Article 3), with a view to, amongst other things, new regulations relating to the Convention. It hopes such regulations will take account of the following matters and that the Government will supply full details.

Article 4 of the Convention. The Committee notes the Government's statement that inspectors are duly qualified. Please give particulars of their qualifications, as requested in the report form approved by the Governing Body.

Article 5(2)(a). The Committee notes that Supreme Decree No. 012-77-SA contains no requirement as to the nutritive value and variety of food and water supplies. Please indicate any measures proposed in this respect. Please also supply a copy of any legislation relating to the registers referred to in the report as specifying the quantities of provisions on board each ship or a model register.

Articles 6, 9 and 10 (and Parts III and V of the report form). The Committee notes from the report that there are annual inspections of the catering department, including the registers which indicate the quantities of food which should be on board. It hopes that the Government will supply copies of the annual inspection reports, which it indicates are being processed, together with information on the powers of inspectors to make recommendations to shipowners and on the practical working of inspection, as requested in the report form.

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1. Further to its previous observation, the Committee notes the Government's reply to the earlier communication of the Maritime Trade Union of Crews in the Service of the Peruvian Steamship Company, referring to certain problems in the hygiene of food and water supplies. The Union had stated in its comments in December 1987 that drinking water tanks were rusty and in a poor condition, not being properly maintained, so that 90 per cent of crews suffered stomach complaints; they also referred to generally poor conditions of hygiene and infestation by vermin. The Government states in its report received February 1990 that the comments of the Union are unfounded. The Government states that appropriate action is always taken under the law - requiring corrective measures and if necessary imposing fines - when such questions arise.

2. The Committee has noted with interest the provisions of Supreme Decree No. 012-77-SA of 1977 concerning the quality and handling of food and water supplies (Article 5(1) of the Convention), and the arrangement of the catering department (Article 5(2)(b)). It is again referring to certain matters in a direct request.