Minimum Age (Fishermen) Convention, 1959 (No. 112) - Peru (RATIFICATION: 1962)

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The Committee notes the reports provided on the application of Conventions Nos 112, 113 and 114. The Committee also notes the information provided by the Government that the Work in Fishing Convention, 2007 (No. 188), is in the process of being submitted to the competent authorities. The Committee requests the Government to provide information on any developments relating to the possible ratification of Convention No. 188.

The Committee notes that the Government refers to the establishment of a Multi-sectoral Commission which prepared a report on work in the fishing sector. The report addresses various subjects, including the revision of Presidential Decree No. 009-76-TR, which regulates the employment contracts of anchovy fishers on small vessels and determines the labour regime of fishers. The Committee requests the Government to provide information on any action taken to follow-up on the report.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them in a single comment.

Minimum Age (Fishermen) Convention, 1959 (No. 112). Article 2 of the Convention. Minimum age. The Committee previously requested the Government to specify the applicable national legislation respecting the minimum age for work in fishing. While noting the information provided by the Government, the Committee notes that the legislation that is currently in force does not contain a provision setting in general the minimum age of 15 years for artisanal fishing in accordance with Article 2 of the Convention. The Committee observes in this regard that, according to the information provided by the Government, the proposed new Code for Children and Young Persons, prepared in 2011, which raises the general minimum age for admission to work or employment from 14 to 15 years, is still in the process of being examined by the State. The Committee requests the Government to take the necessary measures to bring the legislation into full conformity with this provision of the Convention.

Medical Examination (Fishermen) Convention, 1959 (No. 113). Article 3 of the Convention. Consultation with organizations of fishing boat owners and fishers. The Committee notes Departmental Decision No. 0745-2018-MGP/DGCG, of 5 July 2018, approving the updating of the rules for the medical examination of seafarers, fishers, personnel on recreational vessels and bahía personnel. The Committee recalls that, in accordance with Article 3(1) of the Convention, the competent authority shall, after consultation with the organizations of fishing boat owners and fishers concerned, where such organizations exist, prescribe the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee requests the Government to indicate whether tripartite consultations were held prior to the adoption of the updated rules.

Article 4(1). Period of validity of medical certificates of young fishers. The Committee previously requested the Government to take the necessary measures to ensure that the medical certificate of young fishers has a maximum period of validity of one year, in accordance with the requirements of the Convention. The Committee notes in this respect the Government’s indication that a process is being undertaken of updating the existing rules, which includes the issue of the period of validity of the medical examination of young persons. The Committee requests the Government to take without delay the necessary measures to give effect to Article 4(1) of the Convention, which establishes a period of validity of one year for the medical certificates of young fishers.

Article 5. Examination by an independent medical referee. The Committee previously requested the Government to take the necessary measures rapidly to ensure that a person who, after examination, has been refused a certificate may apply for a further examination by an independent medical referee, in accordance with Article 5 of the Convention. The Committee regrets to note that the Government has not provided information on the adoption of the requested measures. The Committee therefore once again requests the Government to adopt without further ado the necessary measures to give effect to this requirement of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114). Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to take the necessary measures without delay to ensure that each fisher has written articles of agreement, signed both by the owner of the fishing vessel or his authorized representative and by the fisher, in accordance with the requirements of Article 3. The Committee regrets to note that, according to the information provided by the Government, no progress has been made in this respect. The Committee once again urges the Government to take the necessary measures without delay to give full effect to the provisions of Article 3 of the Convention.

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Article 2 of the Convention. Minimum age. The Committee refers to its previous comment, in which it asked the Government for clarifications on the regulations in force regarding the minimum age for admission to employment in fishing. It notes that section 51(1) of the Code for Children and Young Persons sets the minimum age for admission to employment in industrial fishing at 17 years. It also notes that under section E-020110 of the appendix to Supreme Decree No. 005-2010-DE of 7 July 2010, the minimum age for registering as a worker in the fishing sector is 18 years. However, young people aged 16 years or more may be allowed on board fishing vessels as part of their training with the written consent of their parents or guardians and the permission of the port authorities and subject to compliance with the provisions of the youth vocational training agreement. The Committee notes that, in a previous report, the Government indicated that the corresponding provisions of Supreme Decree No. 028-DE/MGP of 25 May 2011, which was amended by Supreme Decree No. 005-2010-DE mentioned above, only applied to work in artisanal fishing. Nevertheless, the Committee understands that the latter Decree does not exclude artisanal fishing from its scope and therefore requests the Government to provide clarifications in this regard. The Committee also notes that a preliminary draft of a new Code for Children and Young Persons was drawn up in 2011 and that in section 67 it sets the minimum age for admission to employment at 15, with no other distinction being made in terms of sectors of activity. The Committee requests the Government to keep the Office informed of the adoption process of this new Code and of any new laws or regulations that would change the minimum age for admission to employment in industrial or artisanal fishing.

The Committee also notes the adoption of Supreme Decree No. 003-2010-MIMDES of 20 April 2010, which approves a detailed list of jobs and activities which are hazardous or harmful to the health and morals of young persons and in which they may not be employed. However, the Committee understands that hazardous work in the industrial and artisanal fishing sectors are defined in a more flexible manner in the latter text than in Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which was in force previously. The Committee requests the Government to provide further clarifications on the types of work in the fishing sector that are currently considered to be of a hazardous nature under Supreme Decree No. 003-2010-MIMDES. In this regard, the Committee draws the Government’s attention to the report entitled Children in hazardous work: What we know, what we need to do, published in 2011 by the International Labour Office, which lists the risks associated with the different types of work carried out on board fishing vessels.

Part V of the report form. Application in practice. The Committee notes that Peru benefited from ILO technical assistance in the context of a three-year (2008–11) project for the rational and sustainable development of the fishing sector, funded by the Government of Spain. In this connection, it notes the publication by the ILO in September 2009 of a report on work and employment in the fishing sector in Ecuador and Peru, according to which 3.1 per cent of workers in artisanal fishing are young people between 11 and 17 years of age. The Committee requests the Government to provide any documents available containing more precise information on the employment of young people under 15 years of age in artisanal fishing.

The Committee also draws the Government’s attention to the fact that, under Article 10(4)(e) of the Minimum Age Convention, 1973 (No. 138), where a State party to Convention No. 112 accepts the obligations under Convention No. 138 for maritime fishing and sets, in accordance with Article 2 of that Convention, a general minimum age for admission to employment of not less than 15 years, this shall, ipso jure, involve the immediate denunciation of Convention No. 112. Consequently, if the preliminary draft of the new Code for Children and Young Persons, and more specifically section 67, is adopted and if the Government makes a declaration to the ILO Director-General in compliance with Article 2(2) of Convention No. 138, raising the minimum age for admission to employment from one to 15 years, the declaration would have the effect of the immediate denunciation of Convention No. 112. The Committee hopes that the Government will complete the process aimed to raise the general minimum age for admission to employment or work under Convention No. 138 to 15 years and requests it to keep the Office informed of the progress made in this regard.

Finally, the Committee recalls that the Work in Fishing Convention, 2007 (No. 188) revises and consolidates the majority of ILO Conventions on work in the fishing sector, including Convention No. 112. In particular, Article 9 of Convention No. 188 raises the minimum age for work on board a fishing vessel from 15 to 16 years and provides that the competent authority may authorize a minimum age of 15 years for persons who are no longer subject to compulsory schooling and who are engaged in vocational training in fishing, and prohibits work at night for fishers under the age of 18 years. In this regard, the Committee emphasizes that the ratification of Convention No. 188 would also entail the automatic denunciation of Convention No. 112. The Committee notes that tripartite meetings on the possible ratification of Convention No. 188 were held in 2008 in the framework of the National Labour Council and requests the Government to keep the Office informed of any decision that may be taken on this matter.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Minimum age. The Committee notes that section 51(1) of Act No. 27337 of 2 August 2000 issuing the Children’s and Young Persons’ Code, as amended by Act No. 27571 of 4 December 2001, sets the minimum age for work in industrial fishing at 17 years. It also notes that artisanal fishing comes under the “other work procedures” governed by section 51(2) of the Code and for which the minimum age is 14 years, although it may exceptionally be 12 years in certain cases.

The Committee also notes that, under section E-020111 of Supreme Decree No. 028-DE/MGP of 25 May 2001 issuing the implementing regulations for the Act on the control and supervision of maritime, river and lake activities, young people aged 16 years or more may, in certain conditions, be allowed on board fishing vessels as part of their training. It notes in this connection that, according to information supplied by the Government in its previous report, this rule applies only to artisanal fishing, employment in industrial fishing being regulated, as noted above, by section 51(1) of the Children’s and Young Persons’ Code.

The Committee notes Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which approves for a period of two years the list of jobs and activities which are hazardous or harmful to young persons’ health and morals and in which they may not be employed. It notes in this connection that the activities listed as hazardous by their nature include work carried out on the high seas or underwater in connection, inter alia, with industrial or artisanal fishing activities (No. A.6 on the list), and activities carried out in the context of artisanal fishing in connection with the fishing, despatch and marketing of fish, coral, molluscs and seaweed (No. A.7 on the list).

The Committee infers from the various texts that the minimum age for work in industrial fishing is 17 years other than in activities carried out on the high seas or underwater, for which the minimum age is 18 years. With regard to artisanal fishing, it infers that the minimum age is ordinarily 14 years but may be 12 years in exceptional cases authorized by section 51(2) of the Children’s and Young Persons’ Code, and that it is 18 years for activities carried out on the high seas or underwater and for work undertaken in connection with the fishing, despatch and marketing of fish and other sea products. The Committee requests the Government to indicate whether the Committee’s inferences are correct. If so, the Committee would remind the Government that, pursuant to Article 2(1) of the Convention, children under 15 years of age may not ordinarily be employed on board fishing vessels. Exceptions may be allowed occasionally during school holidays (Article 2(2)). Furthermore, national laws or regulations may provide for certificates to be issued permitting children of not less than 14 years to be employed provided that the educational or other appropriate authority is satisfied, after having due regard to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed, and that such employment will be beneficial to the child (Article 2(3)). With regard to artisanal fishing, the Committee requests the Government to indicate the measures taken to ensure that the above conditions are observed in the event of children being permitted to work as from 14 years of age. The Government is also asked to indicate whether certain activities in artisanal fishing are authorized from the age of 12 years under the exceptions allowed by section 51(2) of the Children’s and Young Persons’ Code.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide information on the effect given to the Convention in practice, including, for instance, reports of the inspection services and, if possible, statistical data on the number and nature of the infringements reported.

Lastly, the Committee takes this opportunity to draw the Government’s attention to the decision that the Governing Body took following an examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000). The Governing Body decided to invite States parties to Convention No. 112 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Peru ratified Convention No. 138 on 13 November 2002. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Peru has not resulted in the denunciation of Convention No. 112. The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13–17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment or work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138. The Committee requests the Government to indicate the measures taken or envisaged to follow up on the Governing Body’s decisions.

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Article 2 of the Convention. Minimum age. The Committee notes that section 51(1) of Act No. 27337 of 2 August 2000 issuing the Children’s and Young Persons’ Code, as amended by Act No. 27571 of 4 December 2001, sets the minimum age for work in industrial fishing at 17 years. It also notes that artisanal fishing comes under the “other work procedures” governed by section 51(2) of the Code and for which the minimum age is 14 years, although it may exceptionally be 12 years in certain cases.

The Committee also notes that, under section E-020111 of Supreme Decree No. 028-DE/MGP of 25 May 2001 issuing the implementing regulations for the Act on the control and supervision of maritime, river and lake activities, young people aged 16 years or more may, in certain conditions, be allowed on board fishing vessels as part of their training. It notes in this connection that, according to information supplied by the Government in its previous report, this rule applies only to artisanal fishing, employment in industrial fishing being regulated, as noted above, by section 51(1) of the Children’s and Young Persons’ Code.

The Committee notes Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which approves for a period of two years the list of jobs and activities which are hazardous or harmful to young persons’ health and morals and in which they may not be employed. It notes in this connection that the activities listed as hazardous by their nature include work carried out on the high seas or underwater in connection, inter alia, with industrial or artisanal fishing activities (No. A.6 on the list), and activities carried out in the context of artisanal fishing in connection with the fishing, despatch and marketing of fish, coral, molluscs and seaweed (No. A.7 on the list).

The Committee infers from the various texts that the minimum age for work in industrial fishing is 17 years other than in activities carried out on the high seas or underwater, for which the minimum age is 18 years. With regard to artisanal fishing, it infers that the minimum age is ordinarily 14 years but may be 12 years in exceptional cases authorized by section 51(2) of the Children’s and Young Persons’ Code, and that it is 18 years for activities carried out on the high seas or underwater and for work undertaken in connection with the fishing, despatch and marketing of fish and other sea products.

The Committee requests the Government to indicate whether the Committee’s inferences are correct. If so, the Committee would remind the Government that, pursuant to Article 2, paragraph 1, of the Convention, children under 15 years of age may not ordinarily be employed on board fishing vessels. Exceptions may be allowed occasionally during school holidays (Article 2, paragraph 2). Furthermore, national laws or regulations may provide for certificates to be issued permitting children of not less than 14 years to be employed provided that the educational or other appropriate authority is satisfied, after having due regard to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed, and that such employment will be beneficial to the child (Article 2, paragraph 3). With regard to artisanal fishing, the Committee requests the Government to indicate the measures taken to ensure that the above conditions are observed in the event of children being permitted to work as from 14 years of age. The Government is also asked to indicate whether certain activities in artisanal fishing are authorized from the age of 12 years under the exceptions allowed by section 51(2) of the Children’s and Young Persons’ Code.

Part V of the report form. The Committee requests the Government to continue to provide information on the effect given to the Convention in practice, including, for instance, reports of the inspection services and, if possible, statistical data on the number and nature of the infringements reported.

Lastly, the Committee takes this opportunity to draw the Government’s attention to the decision that the Governing Body took following an examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite States parties to Convention No. 112, which include Peru, to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Peru ratified Convention No. 138 on 13 November 2002. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Peru has not resulted in the denunciation of Convention No. 112.

The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment or work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures taken or envisaged to follow up on the Governing Body’s decisions.

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The Committee notes the Government’s report. It asks the Government to provide in its next report information on the organization and working of inspection (Part III of the report form) and, if such statistics are available, information concerning the number and nature of the contraventions reported (Part V of the report form).