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

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Peru (Ratification: 2004)

Article 2(a)(i) of the Convention. Safety standards. Prevention of accidents. The Committee notes the Government’s reference to Supreme Decree No. 028-DE/MGP of 25 May 2001 on regulations on ports and activities at sea and on inland waterways, but observes that this Decree does not provide for the appointment, from amongst the crew of the ship, of a suitable person or persons or of a suitable committee, responsible under the master for accident prevention. It recalls that a similar requirement for the designation of a ship’s safety committee with the participation of seafarers’ representatives has been included in Standard A4.3(2)(d) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore again requests the Government to indicate how substantial equivalence is ensured with the requirement of Article 7 of the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134).

Article 2(a)(iii). Shipboard living arrangements. Crew accommodation. The Committee recalls its previous comment in which it noted that, in view of their limited content, Supreme Decree No. 028-DE/MPG and Resolution No. 562‑2003/DGG could not be considered as being substantially equivalent to the detailed provisions of the Accommodation of Crews Convention (Revised), 1949 (No. 92). It also recalls that similar requirements have been incorporated in Regulation 3.1 and the corresponding Code of the MLC, 2006. The Committee therefore requests once more the Government to consider appropriate action to ensure that national laws or regulations contain provisions substantially equivalent to the standards set out in Convention No. 92 with regard to the following crew accommodation requirements: Article 7(1) (adequate ventilation of sleeping and mess-rooms); Article 8(1) (adequate heating system); Article 9(2) (adequate lighting); Article 10(1) (situation of sleeping rooms the load line amidships or aft); Article 13 (sufficient sanitary accommodation, ventilated and with adequate soil and waste pipes); Article 14(1) (separate hospital accommodation); and Article 17 (inspection of crew accommodation by the ship’s master and crew members at least once a week).

Article 2(b). Exercise of effective jurisdiction and control. The Committee requests the Government to provide more detailed information on the manner in which the Ministry of Labour and Employment Promotion discharges its responsibility to effectively control ships flying the national flag to ensure compliance with national laws and regulations pertaining to social security, seafarers’ conditions of employment and shipboard living arrangements.

Article 2(f). Flag State inspections. The Committee notes the Government’s indication that the competent authority for exercising control over safety standards on board merchant ships is the Directorate General of Ports and Cost Guards. The Committee requests the Government to provide more detailed information on the functioning of the system of ship inspection, for example, the number and powers of inspectors, the frequency of inspections, statistics on inspection results and any action taken, and the number and nature of any complaints received.

Article 2(g). Inquiries into serious marine casualties. The Committee once more requests the Government to indicate how it is ensured that an official inquiry is held into a serious marine casualty leading to injury or loss of life that involves a ship flying the Peruvian flag – irrespective of any notification or request of the ship’s master, shipowner, agent or operator, as required by this Article of the Convention. In addition, the Committee recalls that the same requirement has been incorporated in Regulation 5.1.6(1) of the MLC, 2006.

Article 4. Port State control. Further to its previous comment, the Committee requests the Government to specify how it is ensured in law and practice that, for the purposes of exercising port State control activities, complaints may be submitted by a member of the crew, a professional body, an association or a trade union, and also that complaints other than in writing may be investigated. The Committee recalls that the same requirements have been incorporated in Standard A5.2.1(1)(d) and (4) of the MLC, 2006.

Part IV of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the number of seafarers and the number of complaints received by the Port Authority. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and official publications.

Finally, the Committee recalls that Convention No. 147, together with 67 other international maritime labour instruments, is revised by the MLC, 2006. The Committee accordingly hopes that, when considering appropriate measures to bring the national legislation into line with Convention No. 147, the Government will also take due account of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the early ratification and effective implementation of the MLC, 2006.