Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Peru (Ratification: 1962)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the reports provided on the application of Conventions Nos 112, 113 and 114. The Committee also notes the information provided by the Government that the Work in Fishing Convention, 2007 (No. 188), is in the process of being submitted to the competent authorities. The Committee requests the Government to provide information on any developments relating to the possible ratification of Convention No. 188.

The Committee notes that the Government refers to the establishment of a Multi-sectoral Commission which prepared a report on work in the fishing sector. The report addresses various subjects, including the revision of Presidential Decree No. 009-76-TR, which regulates the employment contracts of anchovy fishers on small vessels and determines the labour regime of fishers. The Committee requests the Government to provide information on any action taken to follow-up on the report.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them in a single comment.

Minimum Age (Fishermen) Convention, 1959 (No. 112). Article 2 of the Convention. Minimum age. The Committee previously requested the Government to specify the applicable national legislation respecting the minimum age for work in fishing. While noting the information provided by the Government, the Committee notes that the legislation that is currently in force does not contain a provision setting in general the minimum age of 15 years for artisanal fishing in accordance with Article 2 of the Convention. The Committee observes in this regard that, according to the information provided by the Government, the proposed new Code for Children and Young Persons, prepared in 2011, which raises the general minimum age for admission to work or employment from 14 to 15 years, is still in the process of being examined by the State. The Committee requests the Government to take the necessary measures to bring the legislation into full conformity with this provision of the Convention.

Medical Examination (Fishermen) Convention, 1959 (No. 113). Article 3 of the Convention. Consultation with organizations of fishing boat owners and fishers. The Committee notes Departmental Decision No. 0745-2018-MGP/DGCG, of 5 July 2018, approving the updating of the rules for the medical examination of seafarers, fishers, personnel on recreational vessels and bahía personnel. The Committee recalls that, in accordance with Article 3(1) of the Convention, the competent authority shall, after consultation with the organizations of fishing boat owners and fishers concerned, where such organizations exist, prescribe the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee requests the Government to indicate whether tripartite consultations were held prior to the adoption of the updated rules.

Article 4(1). Period of validity of medical certificates of young fishers. The Committee previously requested the Government to take the necessary measures to ensure that the medical certificate of young fishers has a maximum period of validity of one year, in accordance with the requirements of the Convention. The Committee notes in this respect the Government’s indication that a process is being undertaken of updating the existing rules, which includes the issue of the period of validity of the medical examination of young persons. The Committee requests the Government to take without delay the necessary measures to give effect to Article 4(1) of the Convention, which establishes a period of validity of one year for the medical certificates of young fishers.

Article 5. Examination by an independent medical referee. The Committee previously requested the Government to take the necessary measures rapidly to ensure that a person who, after examination, has been refused a certificate may apply for a further examination by an independent medical referee, in accordance with Article 5 of the Convention. The Committee regrets to note that the Government has not provided information on the adoption of the requested measures. The Committee therefore once again requests the Government to adopt without further ado the necessary measures to give effect to this requirement of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114). Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to take the necessary measures without delay to ensure that each fisher has written articles of agreement, signed both by the owner of the fishing vessel or his authorized representative and by the fisher, in accordance with the requirements of Article 3. The Committee regrets to note that, according to the information provided by the Government, no progress has been made in this respect. The Committee once again urges the Government to take the necessary measures without delay to give full effect to the provisions of Article 3 of the Convention.

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

Article 3(1) of the Convention. Written articles of agreement. Further to its previous comment, the Committee notes the Government’s indication that it is still in the process of drafting the decree to amend section 7 of Decree No. 009 75-TR of 25 November 1975, and section 4 of Decree No. 009-76-TR of 21 July 1976, which permit the conclusion of a fisher’s contract of employment by simple consent of the parties without executing it in written form. Recalling that it has been raising this point for more than 15 years, the Committee requests the Government to take the necessary measures without further delay in order to give full effect to the requirements of this Article of the Convention and to transmit the text of the amended legislation as soon as it is adopted. The Committee recalls, in this respect, that the requirement for a written fisher’s work agreement signed by both the fisher and the fishing vessel owner has been incorporated in Article 20 of the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments.

Part V of the report form. Application in practice. The Committee notes that, according to the statistical information provided by the Government, in 2010, there were 3,072 qualified fishers employed on board industrial fishing vessels. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice. The Committee would also appreciate receiving a copy of the standard fisher’s employment contract currently in use.

Finally, the Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report.

It would, however, like to receive further information on the following points.

Article 3, paragraph 1, of the Convention. Written articles of agreement. Whilst recalling that it has been commenting on this matter for many years, the Committee notes with interest the Government’s indication that a decree is currently being drafted so as to amend section 7 of Decree No. 009-75-TR of 25 November 1975 and section 4 of Decree No. 009-76-TR of 21 July 1976 and establish that fishers’ articles of agreement shall be concluded in writing. In this regard, the Committee would like to draw the Government’s attention to all the provisions of Articles 3 (prior examination and signature by the fisher, supervision by the competent public authority and other safeguards to protect the fisher); 4 (non-departure from the ordinary rules as to jurisdiction over the agreement); 6 (particulars to be included in the agreement) and 7 (recording of the agreement in the list of crew) of the Convention, and hopes that the next text will be in full conformity with the Convention in all these aspects. The Committee requests the Government to keep it informed of any progress made in this regard and to provide a copy of the new decree as soon as it has been adopted.

Moreover, the Committee understands that a new decree was adopted in 2001 to repeal Decree No. 002-87-MA issuing regulations on ports and activities at sea and on inland waterways, mentioned in the Government’s report. The Committee requests the Government to provide a detailed description of the scope and content of this new legislation.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention, including, for instance, statistical data on the number of fishers signed on each year and extracts of reports by the General Harbour and Coastguard Directorate indicating the number and nature of violations reported and the number and tonnage of fishing vessels in operation that are covered by the Convention, as well as any other relevant information that would allow the Committee to assess the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the latest report of the Government. It notes that under article 7 of Supreme Decree No. 009-75-TR concerning standards governing contracts of fishermen’s work for direct human consumption in its principal forms, dated 25 November 1975, the contract may be concluded by simple consent of the parties, without the necessity of executing it in written form. Similarly, under article 4 of Supreme Decree No. 009-76-TR concerning standards of work of fishermen of small enterprises engaged in the catch of sardines, dated 21 July 1976, the contract may be concluded by simple consent of the parties, without the necessity of executing it in written form.

The Committee recalls that under Article 3, paragraph 1, of the Convention, articles of agreement shall be signed by both the owner of the fishing vessel or his authorized representative, and by the fisherman. The Committee hopes that the Government will take necessary measures to bring national legislation into compliance with this provision of the Convention.