Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Peru (Ratification: 1962)

Article 7 of the Convention. Crew list. The Committee recalls that the Convention requires articles of agreement to be either recorded in or annexed to the crew list. Having been unable to find any relevant provision in Supreme Decree No. 028-DE/MGP of 25 May 2001 on Regulations on Ports and Activities at Sea and on Inland Waterways, the Committee requests the Government to indicate how effect is given to this Article of the Convention in law and practice.

Article 14(2). Certificate. The Committee recalls that under this Article of the Convention seafarers have the right to obtain from the master, at all times, a document other than the record of employment concerning the quality of their work. Noting that the national legislation only provides for a seaman’s book (libreta de embarco), the Committee requests the Government to specify any relevant provisions, legislative or other, giving effect to this requirement of the Convention.

In addition, the Committee refers to numerous observations it has addressed to the Government over the past 25 years without having received clear and documented answers to the points raised. In view of the legislative changes which have occurred in the meantime, the Committee requests the Government to specify the national laws or regulations – and transmit copies of any text not previously communicated to the Office – that give effect to: Article 3 (safeguards prior to signing the agreement), Article 6 (particulars to be included in the agreement), Article 8 (information on conditions of employment available on board), Article 9 (termination of an agreement for indefinite period in any port), and Article 12 (conditions under which seafarer may demand his/her immediate discharge) of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, inspection results, samples of seafarers’ employment agreements and copies of applicable collective agreements.

Finally, the Committee recalls that the new Maritime Labour Convention, 2006 (MLC, 2006), contains in Regulation 2.1, Standard A2.1 and Guideline B2.1 up-to-date and more detailed requirements on seafarer’s employment agreements that revise existing standards set out in Convention No. 22. 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.