Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Food and Catering (Ships' Crews) Convention, 1946 (No. 68) - Peru (Ratification: 1962)

The Committee notes the information supplied by the Government. It wishes to draw the Government’s attention to the following points.

In answer to the comments made in 2001 by the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers alleging non-compliance with the provisions of the Convention by Peru, the Government indicates that whenever a problem arises concerning the application of the Convention, suitable remedial measures are taken in accordance with the law; and it therefore considers that the abovementioned comments are unfounded. The Government states that it is nevertheless ready to respond to any requests for information from the Committee. According to the information supplied in the Government’s report, no texts have been enacted recently on food and catering for ships’ crews. The Committee requests the Government to indicate in its next report the suitable measures to which it refers, and to indicate in particular the manner in which it has resolved the problem raised by the abovementioned union.

Article 2, paragraph 2, and Article 12 of the Convention. Research into and educational information on food supply and catering. A study on the diet of crew members was conducted in 1984 by the Naval Medical Centre. The Committee requests the Government to indicate in its next report whether other studies, inter alia, on methods of ensuring a proper food supply and catering service, have been conducted in recent years. It also asks the Government to indicate whether recent information on new methods for the purchasing, storing and preservation of food and for waste control have been collected and disseminated in accordance with Article 12 of the Convention.

Article 3. Cooperation with organizations of shipowners and seafarers and with national authorities. According to this provision, the competent authority must carry out its work in close cooperation with the organizations of shipowners and seafarers and with national or local authorities concerned with questions of food and health. In this provision, the authority’s work is to be construed broadly. Amongst other things it involves setting up both national regulations and an inspection system. The national legislation only provides, in section 33 of Legislative Decree No. 910 of 16 March 2001 on labour inspection and the protection of workers, for the signing of cooperation agreements regarding inspection with public entities or bodies and with organizations of employers and workers. Consequently, the Committee requests the Government to indicate whether the competent authority also cooperates with these entities on matters pertaining to the regulation of food and catering for crews.

Article 5, paragraph 2. Requirement for the provision of suitable food and water supplies. Although sections A-070101 to A-070103 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews contain, as required by Article 5, paragraph 2(a), of the Convention, provisions on the nutritive value and variety of food, there is no indication as to the quantity and quality of the food. Section E-010705 of Supreme Decree No. 002-87-MA of 9 April 1987 stipulates only that pilots are required to give the ship’s master confirmation that supplies are adequate for the voyage planned. Consequently, the Committee requests the Government to indicate the manner in which the requisite quantity of food is calculated. It also asks the Government to take the necessary steps to ensure that provisions governing both the quantity and the quality of food are incorporated in the legislation.

Article 7, paragraph 2. Inspection at sea. According to section A-080104 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for crews on merchant ships, the chief pilot is responsible for carrying out a daily inspection in addition to the annual inspection performed by the maritime authority. According to section A-080105, however, only the results of the maritime authority’s inspections are recorded. The Committee points out that, according to the Convention, there must be a written record of the results of each inspection at sea. The Committee therefore asks the Government to take the necessary steps to ensure that the results of each inspection carried out at sea by the ship’s master or an officer are recorded as required by the Convention.

Article 10. Preparation of an annual report. For many years the Committee has been asking the Government to provide the annual report prepared by the competent authority. The Government again indicates that such a report has still not been prepared. It states, however, that the Directorate General of Harbour Offices and Coastguards has sent the model on which the Government plans to base the report; this model being appended to the report. Since the Committee has not received the model, it requests the Government to send it with its next report. It hopes that the Government will be in a position to send the report required by the Convention as soon as possible.

Article 11, paragraph 2. Refresher courses. Sections A-010102 and A-010107 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews set forth the requirements and qualifications demanded of staff responsible for food. According to the provisions of the Convention, refresher courses, enabling persons already trained to bring their knowledge and skill up to date must be provided. Since the national legislation contains no provisions of this kind, the Committee requests the Government to take the necessary steps to establish such courses.