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

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

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO). The Committee notes that at its 313th Session (March 2012), the Governing Body adopted the report of the committee set up to examine a representation alleging non-observance by Peru of Convention No. 71, made under article 24 of the ILO Constitution by the Autonomous Workers’ Confederation of Peruvian (CATP) (GB.313/INS/12/4). The Committee recalls that in its conclusions the Governing Body asked the Government: (1) to take the necessary measures to ensure that the contributions of fishers are effectively equivalent to no more than half of the cost of the pensions payable under the scheme, in any circumstances, in accordance with Article 3(2) of the Convention; (2) to proceed to the payment of the benefits owed that are still awaiting payment by the Fishers’ Benefits and Social Security Fund (CBSSP) as soon as possible; (3) to continue, once the process of the dissolution and liquidation of the CBSSP has been completed, to secure the maintenance of a scheme for the payment of pensions that is in compliance with the requirements of the Convention both in terms of the collective financing and the guaranteed rate of pension benefits; (4) to ensure that full effect is given to the ruling of the Transitional Civil Chamber of the Supreme Court of Justice of 24 November 2009, ordering payment of the amounts owed to the CBSSP; (5) to take all necessary measures to ensure that the rate of the pensions paid to any of the former employees of the Peruvian Steamship Company (CPV) who were seafarers and have completed a prescribed period of sea service is in all cases at least equal to the rate resulting from the application of the minimum replacement rate determined by Article 3(1)(a) of the Convention, if necessary by revising the ceiling applicable to such pensions. The Governing Body furthermore invited the Government to provide, in a report to be submitted to the present session of the Committee of Experts, detailed information on measures adopted to give effect to its recommendations.

The Committee notes the information sent by the Government on the measures taken to enable the pensions due from the CBSSP to be paid. It notes that according to the applicable legislation, obligations towards CBSSP beneficiaries, including retirement pension obligations, rank second in the order of priority of payments due from the CBSSP, coming after obligations towards employees and former employees of the Fund. To enable the various debts to be settled, the CBSSP, in the process of liquidation, is drawing up a list of its creditors, it being understood that it may settle a lower ranking claim before a claim of higher rank only if it deposits the necessary resources in a financial institution. Furthermore, the CBSSP is still in operation and receives income in the form of social contributions. An inventory has been made of the Fund’s assets and some of them are in the process of being realized. Lastly, the CBSSP’s claims vis-à-vis the Peruvian State amount to some US$10 million, without interest. As to the implementation of the decision handed down by the Supreme Court of Justice on 24 November 2009, the Government refers to transfers that have already been made to the CBSSP. However, the last transfer mentioned was made under Act No. 29529 of 8 May 2010. It would thus appear that there have been no further transfers for over two years. As regards the former employees of the CPV, the Government confirms that retirement pensions are subject to a ceiling of 857.36 new soles (approximately US$330), but provides no information as to the amount of the pensions actually paid to CPV former employees, and therefore the Committee is unable to ascertain whether the provisions of Article 3(1)(a) of the Convention are observed. Furthermore, the Government provides no information on the fishers’ contributions to their retirement pension scheme or on measures taken to ensure that the contributions of fishers amount to no more than half of the cost of the pensions. Lastly, the Government provides no information on measures taken to ensure, following the dissolution of the CBSSP and pending the possible transfer of its members to the general (public or private) pension scheme, the maintenance of a pension scheme that is in compliance with the requirements of the Convention.

The Committee also notes the observations made by the CATP in a communication of 31 August 2012, in which the organization alleges that so far the Government has not implemented any of the Governing Body’s recommendations.

The Committee asks the Government to send detailed information on the measures taken to implement the Governing Body’s recommendations and to respond to the other points raised in the observation of 2011.

[The Government is asked to reply in detail to the present comments in 2013.]