Decision on the 12th item on the agenda: Report of the Director-General Fourth Supplementary Report: Report of the committee set up to examine the representation alleging non-observance by Peru of the Seafarers’ Pensions Convention, 1946 (No. 71), made under article 24 of the ILO Constitution by the Autonomous Confederation of Peruvian Workers (CATP)

Record of decisions | 28 March 2012

Decision on the 12th item on the agenda: Report of the Director-General

Fourth Supplementary Report: Report of the committee set up to examine the representation alleging non-observance by Peru of the Seafarers’ Pensions Convention, 1946 (No. 71), made under article 24 of the ILO Constitution by the Autonomous Confederation of Peruvian Workers (CATP)

The Governing Body, in light of the conclusions set out in paragraphs 24 to 40 of document GB.313/INS/12/4:

(a) approved the report;

(b) requested the Government to:

(i) take the necessary measures to ensure that the contributions of fishers were effectively equivalent to no more than half of the cost of the pensions payable under the scheme, in any circumstances, in accordance with Article 3(2) of Convention No. 71;

(ii) proceed to the payment of the benefits owed that were still awaiting payment by the Fishers’ Benefits and Social Security Fund (CBSSP) as soon as possible;

(iii) continue, once the process of the dissolution and liquidation of the CBSSP had been completed, to secure the maintenance of a scheme for the payment of pensions that was in compliance with the requirements of the Convention both in terms of the collective financing and the guaranteed rate of pension benefits and, in this regard, keep the Office informed of any further developments regarding the adoption of the draft text to replace Bill No. 4506-2010-PE;

(iv) ensure that full effect was given to the ruling of the Transitional Civil Chamber of the Supreme Court of Justice of 24 November 2009; and

(v) take all necessary measures to ensure that the rate of the pensions paid to any of the former employees of the Peruvian Steamship Company (CPV) who had been seafarers and had completed a prescribed period of sea service was in all cases at least equal to the rate resulting from the application of the minimum replacement rate determined by Article 3(1)(a) of Convention No. 71, if necessary by revising the ceiling applicable to such pensions;

(c) invited the Government to provide, in a report to be submitted for examination by the Committee of Experts on the Application of Conventions and Recommendations at its next session, detailed information on measures adopted to give effect to the above recommendations; and

(d) declared closed the procedure initiated by the representation of the Autonomous Confederation of Peruvian Workers (CATP) alleging non-observance by Peru of Convention No. 71.

(Document GB.313/INS/12/4, paragraph 41.)