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

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Peru (Ratification: 1962)

The Committee notes the information provided in the Government’s report.

It would, however, like to receive further information on the following points.

Article 3, paragraph 1, of the Convention. Written articles of agreement. Whilst recalling that it has been commenting on this matter for many years, the Committee notes with interest the Government’s indication that a decree is currently being drafted so as to amend section 7 of Decree No. 009-75-TR of 25 November 1975 and section 4 of Decree No. 009-76-TR of 21 July 1976 and establish that fishers’ articles of agreement shall be concluded in writing. In this regard, the Committee would like to draw the Government’s attention to all the provisions of Articles 3 (prior examination and signature by the fisher, supervision by the competent public authority and other safeguards to protect the fisher); 4 (non-departure from the ordinary rules as to jurisdiction over the agreement); 6 (particulars to be included in the agreement) and 7 (recording of the agreement in the list of crew) of the Convention, and hopes that the next text will be in full conformity with the Convention in all these aspects. The Committee requests the Government to keep it informed of any progress made in this regard and to provide a copy of the new decree as soon as it has been adopted.

Moreover, the Committee understands that a new decree was adopted in 2001 to repeal Decree No. 002-87-MA issuing regulations on ports and activities at sea and on inland waterways, mentioned in the Government’s report. The Committee requests the Government to provide a detailed description of the scope and content of this new legislation.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention, including, for instance, statistical data on the number of fishers signed on each year and extracts of reports by the General Harbour and Coastguard Directorate indicating the number and nature of violations reported and the number and tonnage of fishing vessels in operation that are covered by the Convention, as well as any other relevant information that would allow the Committee to assess the manner in which the Convention is applied in practice in the country.