Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Seafarers' Pensions Convention, 1946 (No. 71) - Peru (Ratification: 1962)

Representation made under article 24 of the Constitution. The Committee notes that at its 310th Session (March 2011), the Governing Body set up a committee to examine the representation made under article 24 of the ILO Constitution by the Autonomous Confederation of Peruvian Workers (CATP) alleging non-observance by Peru of the Seafarers’ Pensions Convention, 1946 (No. 71). In accordance with its usual practice, the Committee has decided to suspend its examination of the application of this Convention, in particular Article 3(2) of the Convention concerning the collective financing of benefits, pending the adoption by the Governing Body of the conclusions and recommendations of the above committee.

Article 3(1). Minimum level of pensions. The Committee recalls its previous observation in which it requested the Government to explain how it ensured the application of Article 3(1)(a)(ii) of the Convention in view of the fact that under the private pension system (SPP) it is not possible to determine the amount of benefits in advance. In its report submitted in 2009, the Government made reference to a system of a minimum pension, introduced by Act No. 27617 of 2001, which permits SPP affiliates to receive a minimum pension provided that they are born on 31 December 1945 at the latest and have contributed to the pension fund for at least 20 years. However, this possibility being limited to a certain number of beneficiaries, the Committee is obliged to reiterate that the current private pension system is not in conformity with this Article of the Convention which requires the State to guarantee the minimum level of pensions established by the Convention to workers having completed the prescribed period of sea service. The Committee once again asks the Government to take appropriate measures in order to give full effect to the requirements of Article 3(1) of the Convention. In this connection, the Committee also asks the Government to refer to its comments made under the Social Security (Minimum Standards) Convention, 1952 (No. 102).

Part VI of the report form. Observations of workers’ organizations. With regard to the observations submitted in October 2006 by the Federation of Fishing Workers of Peru (FETRAPEP) concerning the difficulties fishers encounter in receiving old-age benefits because of the suspension of their contracts during the veda period every year (closed season for extraction and processing of marine species), the Committee notes the Government’s reference to Ministerial Resolution No. 308-2009-PCM of 9 July 2009 establishing a multi-sectoral working group responsible for analyzing possible solutions to the claims put forward by different organizations of pensioners and retired workers. The Government indicates that the problems raised by FETRAPEP will be addressed within the framework of that working group. The Committee requests the Government to keep the Office informed of the outcome of the working group discussions and any practical solution implemented or envisaged with regard to the issues raised by FETRAPEP.

Moreover, the Committee notes the comments of the General Confederation of Workers of Peru (CGTP), received on 2 September 2009 and transmitted to the Government on 16 November 2009, concerning the administration of pension funds by the SPP. According to CGTP, as much as 42 per cent of pension funds are invested in the stock exchange while more than 8 billion Peruvian nuevos soles (PEN) (approximately US$2.9 billion) have already been lost due to the world financial crisis. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of the CGTP.