Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Seafarers' Pensions Convention, 1946 (No. 71) - Peru (Ratification: 1962)

1.  In reply to the Committee’s previous comments, the Government states that it has requested information from various public authorities regarding the Committee’s comments in order to prepare the report on this Convention. The Government adds that, as soon as it receives the information, it will be sent as a supplement. The Committee regrets to note that this information has still not been received. In these circumstances, the Committee would like the Government to provide a detailed report for 2001 including full information regarding the following questions raised in its previous observation:

(a)  With reference to the Committee’s previous comments, the Government recalls in its report that, in accordance with Extraordinary Presidential Decree No. 057-PCM/93, the Ministry of the Economy and Finance pays the pensions due under Legislative Decree No. 20530 of 1974 to retired employees of the Peruvian Steamship Company (a limited liability company in liquidation), and that these pensions are paid normally. The Committee notes this information. It would be grateful if the Government would continue to provide detailed information on the manner in which the payment of the pensions of retired employees of the above Peruvian Steamship Company is ensured and would also provide information on the situation of former retirees of this company who have been excluded from their pension fund and have not been reinstated by judicial decision under the Convention.

(b)  The Committee also requests the Government to indicate in its next report whether the new system of private management of pension funds, established by Decree No. 054-97-EF of 13 May 1997, applies to persons employed on board or in the service of vessels flying the Peruvian flag and, if so, to supply information on the impact of this system on the application of the Convention.

(c)  Finally, the Committee would be grateful if the Government would provide more detailed information on the application of the Convention by providing precise responses to the questions in the report form for each Article of the Convention and by communicating, where appropriate, statistics on the number of seafarers covered by the various pension schemes.

2.  The Committee notes the communication from the association of retirees and pensioners of the National Ports Enterprise (Empresa Nacional de Puertos S.A. - ACJENAPU) denouncing the violation of the acquired rights of pensioners of the Empresa Nacional de Puertos S.A. In a communication of 20 October 2000, these comments were transmitted to the Government from which there has been no reply as yet. In these circumstances, the Committee hopes that the Government will kindly include the comments it deems necessary on the observations of the ACJENAPU in its next report on the application of Convention No. 102 which seems to be a more appropriate framework for the consideration of these comments.