Certification of Ships' Cooks Convention, 1946 (No. 69) - Peru (RATIFICATION: 1962)

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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 4(2) of the Convention. Conditions for granting certificates of qualification for ships’ cooks. Further to its previous comments regarding the absence of any provision establishing the minimum period of service at sea as a precondition for the obtention of a certificate of qualification as ship’s cook, the Committee notes the Government’s reference to the Resolution of the General Directorate of Ports No. 0564-2003-DCG of 10 September 2003. According to the Government’s report, a minimum period of no less than two months of service is generally required for seafarers prior to the issuance of a certificate, in accordance with the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). The Committee recalls, however, that the STCW Convention does not contain specific provisions relating to cooks. It also recalls that Decree No. 048-DE/MPG of 9 October 1990 – to which the Government referred in previous reports – does not contain any relevant provisions either. The Committee therefore requests the Government to provide additional explanations in this respect and also to transmit a copy of Resolution
No. 0564-2003-DCG.

Article 6. Recognition of certificates. In its previous comments, the Committee requested the Government to indicate whether certificates of qualification issued by other countries were recognized. While noting the Government’s indication that the matter has been referred to the Directorate General of Ports and Coast Guard, the Committee requests the Government to supply more detailed information on this point.

Part V of the report form. Practical application. Noting that the Government has not provided for a number of years general information on the practical application of the Convention, the Committee requests the Government to supply up-to-date information in this regard, including, for instance, statistical information on the number of ship’s cook certificates issued during the reporting period, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that the Convention has been revised by the Maritime Labour Convention, 2006 (MLC, 2006), and that its main provisions are now reflected in Regulation 3.2(3), Standard A3.2(3) and (4), and Guideline B3.2.2 of the latter instrument. The Committee therefore 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 adoption of Supreme Decree No. 028-DE/MPG of 25 May 2001, issuing regulations under the Act on the control and surveillance of maritime, river and lake transport, and repealing Supreme Decree No. 002-87-MA of 9 April 1987. It draws the Government’s attention to the following points.

Article 4, paragraph 2, of the Convention. Conditions for granting a certificate of qualification as ship’s cook. The Committee notes that Supreme Decree No. 028-DE/MPG of 25 May 2001, in contrast to Supreme Decree No. 002-87-MA of 9 April 1987, which it repeals, does not contain specific provisions relating to cooks. The conditions for obtaining a certificate of qualification as a ship’s cook are now only governed in the national legislation by Supreme Decree No. 048-DE/MPG of 9 October 1990 on ships’ cooks. Sections 1 and 2 of this Decree establish the requirements concerning age and nationality. Section 5 specifies the types of documents which have to be presented by the seafarer, in addition to obtaining a certificate of vocational qualification, to be registered and issued with a seafarer’s book. In addition, the seafarer has to provide a certificate of physical fitness issued by the Naval Medical Centre and a certificate from the National Merchant Naval School “Amiral Miguel Grau” confirming attendance and the award of a diploma for the completion of the training course as a crew member in the merchant navy. Once all these steps have been completed, the seafarer will receive, with the agreement of the captain of the port, authorization granting a certificate as ship’s cook enabling him to work in the merchant navy (section 6). Such approval may be withdrawn in cases where, within the first three years of obtaining the approval, the seafarer has not sailed for at least eight months on a ship to carry out his occupation (section 13). The Committee recalls that, under the terms of Article 4, paragraph 2, of the Convention, “no person shall be granted a certificate of qualification unless: (a) he has reached a minimum age to be prescribed by the competent authority; (b) he has served at sea for a minimum period to be prescribed by the competent authority; and (c) he has passed an examination to be prescribed by the competent authority”. Admittedly, the national legislation has recourse to the concept of a minimum period of service on board to determine whether or not the seafarer retains the authorization, but it does not contain a provision concerning the minimum period at sea to be prescribed to obtain the certificate itself. The seafarer receives authorization, and therefore the certificate, and it is only subsequently that the document may be withdrawn if the seafarer does not complete a minimum period of service at sea. The Committee therefore requests the Government to take the necessary measures to bring national law and practice into conformity with these provisions and to ensure that a minimum period of sea service is required, in order to obtain the certificate as a ship’s cook.

Article 6. Recognition of certificates. The Government indicates in its report that it applies the procedure for the recognition of certificates set out in Regulation I/10 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended. However, the STCW does not contain specific provisions relating to cooks. The Committee therefore requests the Government to indicate the manner in which foreign certificates of qualification for ships’ cooks are recognized.

Part V of the report form. The Committee notes with regret that the report does not contain any information on this point. The Committee therefore once again requests the Government to provide a general appreciation of the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and indications on the number of certificates issued.

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Point V of the report form. With reference to its previous comments, the Committee notes the information provided in the Government's report covering the period 1991-96 in relation to the issuing of certificates of qualification and cook's duties as prescribed by legislation. The Committee again requests the Government to provide information or official reports in order to evaluate the manner in which the Convention is applied in practice (inspection reports, the number of certificates issued, etc.).

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The Committee notes with satisfaction the adoption of the Supreme Decree No. 048-90-DE/MGP of 9 October 1990 approving the Regulations on Ships' Cooks which meet the requirements of Article 4 of the Convention. It hopes that in future reports the Government will include available information on the practical application of the Regulations (Part V of the report form).

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The Committee refers to its observation concerning the draft regulation relating to the certification of ships' cooks, the text of which the Government appended to its 1983 report.

The Committee notes that this draft does not contain any provisions prescribing a minimum period of service at sea, as required by Article 4, paragraph 2(b), of the Convention. Moreover, the draft does not give full effect to paragraphs 2(c), 3 and 4 of Article 4, which provide that examinations prescribed or controlled by the competent authority should include certain specific tests. The Committee would be much obliged to the Government if it would indicate the manner in which these provisions of the Convention will be applied in the organisation of examinations and the grant of certificates of qualification by the "Centro de Instrucción Técnica y Entrenamiento Naval" (CITEN).

Finally, the Committee wishes to point out that section 17 of the draft, which will permit the grant of certificates of qualification to cooks having more than two years of service at the date of the adoption of the regulations concerned, subject only to their passing a medical examination, is not in conformity with Article 5 of the Convention. This Article of the Convention permits a certificate of equivalence to be granted to seafarers having served two years as cooks before the expiry of a period of three years from the date of entry into force of the Convention for the country concerned. In the case of Peru, this period expired on 24 August 1965.

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Further to its previous observations, the Committee notes the Government's indication that its comments will be taken into account in the current revision of legislation. The Committee recalls that for several years it has been referring to the absence of provisions to apply the Convention. It hopes the next report will indicate the measures taken to give effect to the Convention.

The Committee is again referring to certain aspects of the Government's earlier draft legislation in a direct request.