Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3 of the Convention. Cooperation with organizations of shipowners and seafarers and with national authorities. The Committee notes the information provided by the Government in its report concerning the provisions contained in the Act of 30 May of 1996 on Ports and Activities at Sea and on Inland Waterways and legislation relating to the sanitary control of food and beverages. It recalls that the Convention requires that the activities of the various authorities be duly coordinated so as to avoid overlapping or uncertainty of jurisdiction. However, the Committee understands that the national legislation makes no provision for cooperation with shipowners and seafarers organizations and other entities, except in matters of labour inspection under section 33 of the Labour Inspection and Protection of Workers Act of 16 March 2001. In addition, the Committee recalls that the same requirement has been incorporated in Guideline B3.2.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore requests the Government to provide additional information concerning the manner in which such collaboration and coordination are effectively ensured.

Article 5(2). Laws and regulations on food supplies and catering services. The Committee recalls its previous comment in which it noted that national legislation does not regulate the quantity and quality of the food supply and catering arrangements on board ships. It recalls, in this respect, that the same requirement has been incorporated in Standard A3.2(1) and (2)(a) of the MLC, 2006. In the absence of the Government’s reply on this point, the Committee once more requests the Government to take the necessary measures to ensure that the provision of food of suitable quantity and quality as well as the arrangement and equipment of the catering department in every vessel are regulated by means of laws or regulations.

Article 7(2). Inspection at sea. Further to its previous comment regarding the absence of a written record of inspections carried out at sea, the Committee emphasises that, according to the Convention, there must be a written record of such inspections. The Committee notes that the Government’s report does not provide any indication relating to the measures taken in order to bring the national legislation in line with this Article of the Convention. In addition, the Committee recalls the same requirement has been incorporated in Standard A3.2(7) of the MLC, 2006. Consequently, the Committee once again requests the Government to take the necessary measures to ensure that the results of each inspection carried out at sea by the ship’s master are duly recorded, as required under this Article of the Convention.

Article 10. Annual report. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 10 of the Convention. It recalls, in this connection, that the Government in earlier reports made reference to a special standing commission responsible for examining and evaluating international labour Conventions on matters relating to seafarers (CECMAL–OIT), but has not given any information on the functioning of such a Committee since 1994. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of the report on inspections activities as soon as it is drawn up.

Article 11(2). Refresher courses. The Committee notes that the Ministry of Labour has submitted the question of application of Article 11 of the Convention for the consideration by the Directorate General of Ports and Coast Guards. The Committee requests the Government to provide information in its next report concerning the measures adopted to establish refresher courses pursuant to this Article of the Convention.

Article 12. Collection and publication of information. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 12 of the Convention. It recalls that the same requirements have been incorporated in Guideline B3.2.1(1) and (2) of the MLC, 2006. The Committee requests the Government to keep the Office informed of any measures taken by the competent services to discharge their responsibility for collecting and disseminating up-to-date information on food and catering on board ships and issuing recommendations.

Part V of the report form. Practical application. Noting that the Government has not provided for several years any information of a general nature concerning the application of the Convention in practice, the Committee requests the Government to supply up-to-date information, including, for instance, extracts from reports of the inspection services, any available information as to the number and nature of complaints which may have been made by members of ships’ crew, copies of any applicable collective agreements containing clauses on food and catering, relevant decisions of the Directorate General of Ports and Coast Guards, information on any training courses for members of the catering department of seagoing vessels copies of any notices issued by the competent authority to ships’ masters, stewards or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 68 have been incorporated into Regulation 3.2, Standard A3.2 and Guideline B3.2.1 of the MLC, 2006. Moreover, the MLC, 2006, introduces some new provisions regarding the obligations to take into account the differing cultural and religious backgrounds, to provide food free of charge and to carry a fully qualified cook on board. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.