Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Pérou (Ratification: 1962)

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.