Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. With reference to the Committee’s previous comments, the Government reiterates in its report that, in accordance with Extraordinary Supreme Decree No. 057-PCM/93, the Ministry of Economy and Finance assumes responsibility for the payment of benefits due under Legislative Decree No. 20530 of 1974 to retirees of the Peruvian Steamship Company (limited liability company in liquidation). The provision of these pensions to former employees and to retirees is on a monthly basis, taking as a reference for the approval of such pensions the strict observance of the positions, wage categories, duration of service and level of pension benefits which were transferred as of 1 October 1992. The above pensions levels are set, increased and readjusted in accordance with the standards that are in force with regard to pensions and are paid into savings accounts opened in the Bank of the Nation. The Committee notes this information. It requests the Government to continue providing detailed information on the manner in which the above pensions are paid and to furnish information on the situation, with regard to the Convention, of the former retirees of this company who were excluded from the pension fund and who have not been reinstated by court rulings.

2. In its previous comments, the Committee requested the Government to indicate whether the new system of private pension fund management (SPP) 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 provide information on the impact of this system on the application of the Convention. In its report, the Government states that the SPP does not establish any distinction as to the situation of workers who wish to affiliate to it, but that the only exception provided for by the SPP concerns the performance of work in activities which involve risks to life or health. In terms of social insurance, a specific pension scheme for seafarers has not been established as envisaged by the Convention. Seafarers are included in schemes which were not necessarily established for them, but under which they can be insured. There is also a special insurance scheme for maritime workers, who fall within the scope of the national pensions system provided for by Decree No. 19990. Acts Nos. 21952, 21933 and 23237 include within this scheme maritime, inland waterway and dockworkers, and also make provision for the early retirement of maritime workers. The Committee notes this information. It requests the Government to provide detailed information on the impact of the new pension scheme on the application of each Article of the Convention in reply to the questions raised in the report form and to provide, where appropriate, statistics on the number of seafarers covered by the various pension schemes.

3. The Committee notes the information provided by the Government in reply to the communication from the Association of Former Employees and Retirees of the National Ports Enterprise (Empresa Nacional de Puertos S.A. ACJENAPU) denouncing the violation of the acquired rights of retirees of the Empresa Nacional de Puertos S.A. In its reply, the Government provides detailed information on the legal action taken by the ACJENAPU in its supplementary action against the Empresa Nacional de Puertos. The Committee nevertheless notes that the Insurance Standardization Office (ONP) is still to establish the internal procedure to be followed by the Empresa Nacional de Puertos to give effect to the award by the courts in favour of the ACJENAPU in its supplementary action. The Committee hopes that the Government will take the necessary measures in this respect and requests it to keep the Committee informed of the progress achieved in this regard.

4. The Committee notes the comments of the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers concerning, among other matters, the application of the Convention, which were transmitted to the Government on 20 February 2001. The Committee will examine the above comments in the light of any observations that the Government may make in this respect.

[The Government is asked to report in detail in 2002.]