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

Repatriation of Seamen Convention, 1926 (No. 23) - Peru (Ratification: 1962)

Articles 3(1) and 4(c) of the Convention. Conditions for repatriation. The Committee notes the adoption of Supreme Decree No. 076-2005-RE on consular regulations, which repeals Supreme Decree No. 002-79-RE on consular regulations. Noting, however, that both decrees give only partial effect to the basic requirements of the Convention, the Committee requests the Government to clarify the state of law and practice with respect to the exact conditions under which seafarers are entitled to repatriation and to forward copies of all relevant legislative or regulatory texts.

Article 3(4). Repatriation of foreign seafarers. In the absence of any indication in the Government’s report concerning the repatriation of foreign seafarers, the Committee again requests the Government to provide full particulars on the application of this Article of the Convention, and to transmit copies of any relevant laws or regulations.

Article 5(1). Repatriation expenses. The Committee notes the Government’s reference to Supreme Decree No. 076-2005-RE presumably as an instrument implementing the requirements of the Convention with regard to repatriation expenses. It notes, however, that section 413(d) of the Decree merely provides that the maintenance and repatriation of seafarers are the responsibility of the shipowner, or ship agent in the case of sale of ship or shipwreck, while section 413(g) provides that the master must arrange for the medical treatment and repatriation of a seafarer left behind by reason of illness. The Committee recalls that the expenses of repatriation must cover the transportation charges, accommodation and food for the seafarer during the journey and maintenance up to the time fixed for his/her departure. The Committee therefore requests the Government to take the necessary measures in order to give full effect to the requirements of this Article of the Convention.

Article 6. Responsibility of the public authority. The Committee notes that the consular authorities may draw upon the “Humanitarian Legal Assistance and Consular Services Programme” in order to cover repatriation expenses. It understands that, in accordance with section 276 of the consular regulations approved by Supreme Decree No. 076-2005-RE, the aforementioned programme is limited to those cases where repatriation of nationals is granted on grounds of destitution and extreme necessity. The Committee requests the Government to provide additional explanations in this respect, in particular as regards the type of expenses covered and the conditions under which repatriation expenses are given in advance.

Part V of the report form. Practical application. The Committee notes the statistical information, provided by the Government in its report, concerning the number of repatriations of seafarers effected from April to June 2010. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention.

Finally, the Committee recalls that the Maritime Labour Convention, 2006 (MLC, 2006), contains in Regulation 2.5, Standard A2.5 and Guideline B2.5, up-to-date and more detailed requirements on repatriation that revise existing standards on repatriation set out in Convention No. 23 and the Repatriation of Seafarers Convention (Revised), 1987 (No. 166). 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.