Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 23) sur le rapatriement des marins, 1926 - Pérou (Ratification: 1962)

The Committee notes the information provided by the Government. It draws the Government’s attention to the following points.

Article 3, paragraph 1, and Article 4(c), of the Convention. Arrangement for repatriation. Under the terms of section 354 of Supreme Decree No. 002‑79 RE, as amended, issuing consular regulations, “masters of ships shall be obliged to receive, as passengers and for one-third of the normal value of the ticket for the return journey, persons landed by reason of sickness who are referred to them by consular agents”. The Committee recalls that, by virtue of the Convention, any seafarer who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall, among other matters, determine who shall bear the charge of repatriation. The expenses of repatriation may not be charged to the seafarer if he has been landed by reason of illness and not due to his own wilful act or default (Article 4(c) of the Convention). The Committee therefore requests the Government to indicate the person who is to bear the expenses indicated in this section of the national legislation.

Article 3, paragraph 4. Repatriation of foreign seafarers. Section 361 of Supreme Decree No. 002-79 RE, as amended, provides that, in the case of national vessels abroad, and following authorization by the consular agent, the crew may, in case of a lack of Peruvian personnel, be completed with foreign personnel. However, neither Supreme Decree No. 002-79 RE, as amended, nor Supreme Decree No. 028-DE/MPG of 25 May 2001, issuing regulations under the Act on the control and supervision of maritime, river and lake transport, contain provisions on the repatriation of foreign seafarers. The Committee nevertheless recalls that, in accordance with the Convention, the conditions under which a foreign seafarer engaged in his own country or in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. It therefore requests the Government to provide full particulars on the application of this Article of the Convention.

Article 5, paragraph 1. Repatriation expenses. Under the terms of section 355 of Supreme Decree No. 002-79 RE, as amended, in the case of the dismissal of a seafarer for a legitimate reason, the latter shall be repatriated to his port of origin. The amount of the price of the ticket and a sum of money sufficient for his subsistence in the port in which he is to be landed shall be handed over to the consular agent. Section 364 of the Supreme Decree also provides that consular agents shall be responsible for verifying that the articles of agreement concluded for engagement on a foreign vessel and those concluded abroad for engagement on a vessel flying the national flag shall contain a clause guaranteeing, for seafarers landed by reason of sickness or for any other lawful cause, the payment of the price of the voyage completed between the port of debarkation and the port of Callao or the port of engagement. The Committee recalls that the expenses of repatriation shall include the transportation charges, the accommodation and the food of the seafarer during the journey and the maintenance of the seafarer up to the time fixed for his departure. It requests the Government to take the necessary measures to bring national law and practice into conformity with these provisions.

Article 6. Expenses of repatriation of foreign seafarers. The Government indicates in its report that only the public authority of the country in which the vessel is registered, and which is responsible for ensuring the repatriation of all seafarers without distinction as to nationality, decides on cases in which it is necessary to provide repatriation expenses in advance. The Committee requests the Government to indicate whether the authorities have received instructions to advance repatriation expenses to foreign seafarers.

Part V of the report form. The Committee requests the Government to provide in its next report a general appreciation of the manner in which the Convention is applied including, for instance, information on the number of seafarers repatriated during the course of the year covered by the report, the number and nature of the infringements reported, etc.