Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Peru (Ratification: 1962)

The Committee notes the information provided in the Government’s report, and particularly the adoption of Supreme Decree No. 016-2005-DE/MGP of 20 June 2005, respecting administrative procedures relating to the Peruvian navy, and resolution No. 268-2006/DCG on medical examinations of crew members of fishing vessels and traditional fishing boats. However, the Committee would be grateful to be provided with further information on the following points.

Article 3 of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that the General Directorate of Harbour Authorities and Coastguards is the authority competent to establish the minimum levels determining the capacity of crew members in the fishing sector. The Committee also notes the model medical certificate produced by the General Directorate of Harbour Authorities and Coastguards, and particularly the reference to the age of the fisherman and the type of activity performed on the fishing boat as factors to be taken into consideration in the medical examination. The Committee requests the Government to indicate whether, and in what manner, fishing boat owners’ and fishers’ organizations were consulted in prescribing the nature of the medical examination to be made and the particulars to be included in the medical certificate.

Article 4, paragraph 1. Period of validity of medical certificates for young fishers under 21 years of age. The Committee notes that, under the terms of section 4/I(4) of resolution No. 268-2006/DCG of 26 June 2006, fishermen under 18 years of age have to undergo a medical examination each year. In this respect, the Committee recalls that, by virtue of the Convention, the medical certificate attesting to fitness for work in maritime fishing shall remain in force for a period not exceeding one year in the case of young persons of less than 21 years of age, and not 18 years of age, as established in the above provision. The Committee requests the Government to indicate the measures adopted or envisaged to bring the national legislation into conformity with the Convention on this point.

Article 5. Examination by an independent medical referee. The Committee notes that resolution No. 268-2006/DCG of 26 June 2006 contains no reference to the possibility for a fisherman who has been refused a certificate to undergo a further examination by an independent medical referee or referees. It also notes that the Government indicated in its previous report that, although there is no specific provision on this subject, nothing prevents the worker concerned from applying for a further examination. In this respect, the Committee recalls that Article 5 of the Convention requires arrangements to be made to enable any person to apply for a further examination by an independent medical referee or referees. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this provision of the Convention.

Part V of the report form. The Committee notes the Government’s indication that statistical information on the number and nature of the infringements reported will be supplied as soon as it is available. It requests the Government to provide additional information with an indication, among other data, of the number of professional fishers covered by the Convention, the number of medical examinations carried out and certificates issued each year, and any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.