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

Labour Inspection (Seafarers) Convention, 1996 (No. 178) - Peru (Ratification: 2006)

Article 1(7)(e). Scope of inspection. The Committee notes that, under section C-010701 of Decree No. 028-DE-MGP of 25 May 2001 approving the Regulations on Ports and Activities at Sea and on Inland Waterways, flag State inspections are intended to control conditions of hygiene and cleanliness as well as food and catering services on board ships. The Committee requests the Government to indicate whether and how other aspects, such as minimum age, articles of agreement, crew accommodation, recruitment, manning, qualifications, hours of work, medical certificates, prevention of occupational accidents, medical care, sickness and injury benefits, social welfare, and repatriation, which also make up part of the seafarers’ working and living conditions, are being regularly inspected.

Article 3(1). Periodic review of registered ships. In the absence of any information on this point, the Committee once again requests the Government to indicate whether all Peruvian-flagged vessels above 500 GT are inspected at intervals not exceeding three years and, if so, to specify the relevant legal provision. It recalls that the same requirement has been incorporated in Standard A5.1.4(4) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 3(3). Inspection in case of substantial changes. The Committee renews its request for the Government to indicate whether, in cases of substantial changes in construction or accommodation arrangements, ships are inspected within three months of the completion of such changes. It recalls that a similar provision has been incorporated in Standard A5.1.3(14) and (15) of the MLC, 2006.

Article 4. Qualification of inspectors. The Committee once again requests the Government to indicate whether specialized inspection units have been established or envisaged for the maritime sector. If not, please indicate by what other means it is ensured that general labour inspectors have appropriate qualifications to guarantee that due regard is being given to the specificities of the maritime sector. It recalls that similar provisions have been incorporated in Standard A5.1.4(2) and (3) of the MLC, 2006.

Article 6(2). Compensation for unreasonable detention or delay. The Committee requests the Government to indicate by what means it is ensured that, if a ship undergoing an inspection is unreasonably detained or delayed, the shipowner or operator of the ship is entitled to compensation for any loss or damage suffered. It recalls that the same principle has been incorporated in Standard A5.1.4(16) of the MLC, 2006.

Article 9(1). Inspector’s report. The Committee once more requests the Government to indicate by what means it is ensured that, in case of ship inspections, one copy of the inspection report is communicated to the master of the ship, and another copy is posted on the ship’s noticeboard for the information of the seafarers. It recalls that the same requirement has been incorporated in Standard A5.1.4(12) and Guideline B5.1.4(8)(d) of the MLC, 2006.

Article 9(2). Inspection pursuant to a major incident. The Committee requests the Government to specify how it is ensured that, in case of a ship inspection pursuant to a major incident, the inspection report is prepared as soon as practicable, but not later than one month following the conclusion of the inspection.

Part V of the report form. Practical application. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from inspections reports and the number of seafarers and ships covered by the measures giving effect to the Convention.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 178 have been incorporated in Regulations 5.1.1 and 5.1.4 and the corresponding Code of the MLC, 2006, and therefore ensuring compliance with Convention No. 178 would facilitate compliance with the respective provisions of the MLC, 2006. It also recalls the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.