Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Peru (Ratification: 1962)

Article 3 of the Convention. Consultation with fishing-boat owners and fishers’ organizations. The Committee notes the Government’s indication that the regulations adopted on medical examinations of fishers were not the subject of previous consultations with fishing-boat owners and fishers’ organizations, but that they do take into account the relevant standards and recommendations of the respective international organizations. The Committee nevertheless draws the Government’s attention to the importance of the consultation of the employers’ and workers’ organizations concerned in the implementation of international labour standards, including in the application of this Convention. Consultation is fundamental, even when transposing the Government’s international commitments in relation to intergovernmental organizations, such as the International Maritime Organization (IMO), into domestic law. Consequently, the Committee hopes that the Government will not fail to take the necessary measures to hold the consultations provided for in the Convention prior to the adoption of any future provisions for the Convention’s implementation.

Article 4(1). Period of validity of medical certificates of young fishers under 21 years of age. The Committee notes the adoption of Resolution No. 212-2007/DCG amending Resolution No. 268-2006/DCG, on which it commented previously. It notes that under section 3/I of Resolution No. 212 2007/DCG, the maximum period of validity of medical certificates for fishers is three years, but understands that this resolution does not set a reduced period of validity for young fishers. Recalling that under Article 4(1) of the Convention the period of validity of medical certificates for fishers under 21 years of age shall not exceed one year from the date of issue, the Committee hopes that the Government will take the necessary measures rapidly to bring the national legislation into conformity with the Convention on this point. The Committee requests the Government to keep the Office informed of any developments in this connection.

Article 5. Examination by an independent medical referee. The Committee notes that in response to its previous comment on this point, the Government indicates that medical examinations for seafarers are undertaken in certified medical centres and it confirms that there is no provision for a fisher to undergo a new examination if a medical certificate has been refused. The Committee nevertheless emphasizes that the right to appeal to an independent medical referee in the case of refusal to issue a medical certificate is particularly important, where such a refusal would prevent the fisher in question from working and therefore from receiving remuneration. This right is also reaffirmed in Article 11 of Convention on Work in Fishing, 2007 (No. 188). Consequently, the Committee trusts that the Government will take measures rapidly to ensure the effective implementation of this provision of the Convention and requests the Government to forward copies of any legal or regulatory texts adopted to this end.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government regarding the number of fishers registered in Peru, by occupational category, and the number of medical examinations carried out per year. The Committee requests the Government to continue to provide information on the application of the Convention in practice, particularly of the type contained in its last report, with indications on the activities of the labour inspection services, infringements of national legislative provisions giving effect to the Convention, and any remedial action taken.

Finally, the Committee draws the Government’s attention to the fact that Articles 10 to 12 of Convention No. 188 reproduce the majority of the provisions of Convention No. 113, while offering greater flexibility to fishing vessels less than 24 metres in length which ordinarily are at sea for no longer than three days. The Committee emphasizes in this connection that the ratification of Convention No. 188 by a State party to Convention No. 113 entails the automatic denunciation of the latter Convention. The Committee requests the Government to consider the ratification of Convention No. 188 and to keep the Office informed of any decision taken on the matter.