Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Peru

Minimum Age (Fishermen) Convention, 1959 (No. 112) (Ratification: 1962)
Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1962)
Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 1962)

The Committee notes the reports sent by the Government on the application of Conventions Nos 112, 113 and 114. It also notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2024.

The Committee notes the Government’s indication in reply to its comments that with regard to the Work in Fishing Convention, 2007 (No. 188), the process of submission is under way at the Ministry of Labour and Employment Promotion (MTPE). The Committee also notes the CATP’s indication that the process for the submission and ratification of Convention No. 188 has been at a standstill for years but has not been included on the agendas of the main social dialogue forums, in particular the National Labour and Employment Promotion Council. The Committee requests the Government to provide its comments in this respect and to provide information on any developments regarding the possible ratification of Convention No. 188.

The Committee notes the CATP’s indication that the lack of a general labour law to cover all activities in the fishing sector, together with the existence of multiple special labour regimes (such as Supreme Decree No. 009-75-TR on fishing for direct human consumption and Supreme Decree No. 009-76-TR for anchovy fishers) has resulted in a situation of uncertainty and lack of protection for many fishers. The CATP adds that the lack of coordination between the competent authorities together with the high rate of informality in work and lack of inspection make the problem even worse and give rise to situations of labour exploitation and violation of fishers’ basic human rights. The Committee requests the Government to provide its comments in this respect.

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

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age. The Committee notes the Government’s reference to Supreme Decree No. 009-2022-MIMP, which approves the list of jobs and activities that are dangerous or harmful to the physical or moral health of young persons. Under the terms of the Decree, hazardous work includes work carried out in seas, lakes, lagoons and rivers, as well as work that has to be performed under water. The Government indicates that such work does not enable immediate access to rescue and protection services and relates to fishing activities and vessel-related services, such as: haulage of nets, air compressors, etc.; on-board services, such as cleaning, maintenance, surveillance, cooking and other activities; and tourism and other related services. The Committee notes the CATP’s indication that, although the list of hazardous work refers to work on board ships, this list is of lower legal rank (a Supreme Decree), while the Children and Young Persons Code which states that the minimum age for admission to employment for industrial fishing is 17 years has the status of a law (Act No. 27337), hence there is a lack of harmony and compatibility with the Convention and this should be rectified. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to take the necessary steps without delay to give full effect to the Convention, explicitly establishing 15 years as the minimum age for work in fishing with respect to fishers working on all vessels covered by the Convention, including artisanal fishing vessels.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 3 of the Convention. Consultation with organizations of fishing vessel owners and fishers. The Committee notes the Government’s indication, in reply to its previous comments, that the Department of Ships’ Masters and Coastguards of Peru (DICAPI) has submitted to prior consultation with public entities, private institutions and civil society organizations (namely, the maritime/fishers’ community) the draft amendments to the regulations implementing Legislative Decree No. 1147 regulating the strengthening of the armed forces, under the responsibility of the National Maritime Authority/DICAPI (relating to medical certification, among other things), by means of Ministerial Decision No. 1285-2019 DE/MGP. Hence, by Supreme Decree No. 001-2024, the regulations implementing Legislative Decree No. 1147 were amended. The Committee notes the CATP’s indication that the Government does not comply with the terms of Article 3(1) since the determination of medical examinations for fishers has not been the subject of consultations or social dialogue with the main workers’ organizations in the sector. The Committee requests the Government to provide its comments on this respect.

Article 4(1). Period of validity of medical certificates of young fishers. The Committee notes the Government’s indication, in reply to its comments, that: (i) the minimum age for work in industrial fishing is 17 years; (ii) in addition to the age limit, administrative authorization for work for young persons is required, and for this to be granted, a medical certificate must be submitted so that the young person’s ability to perform the work can be assessed; (iii) Annex 5 to Supreme Decree No. 003-98-SA, adopting the “Technical standards for supplementary insurance for high-risk work”, classifies fishing as a high-risk economic activity to which the supplementary insurance for high-risk work applies. Consequently, all workers in this sector need to undergo an annual medical examination in order to obtain an occupational medical certificate stating that the person does not suffer from any disease which could be aggravated by service at sea, which would render him/her unfit to perform such service, or which could constitute a danger to the health of other persons on board. The Committee notes the CATP’s indication that the maximum validity or duration of the medical certificate for this sector should be expressly regulated and not be interpreted in the light of other rules. In this regard, the CATP adds that the Occupational Safety and Health Act (Act No. 29783) does not require employers in high-risk activities to carry out annual medical examinations, which is contrary to the provisions of the Convention. The Committee requests the Government to provide its comments in this respect. Recalling that under Article 4(1), in the case of young persons under 21 years of age, the medical certificate must remain in force for a period not exceeding one year from the date on which it was granted, the Committee requests the Government to take the necessary steps without delay to give full effect to this provision of the Convention in law and in practice.

Article 5. Examination by an independent medical referee. The Committee notes the Government’s indication that, in the event of refusal to issue a medical certificate, a fisher may have recourse to a public and/or private medical centre of his/her choosing in accordance with section 6 of Director’s Decision No. 0745-2018 MGP/DGCG. The Committee also notes the CATP’s indication that the provision referred to by the Government merely indicates which medical centres are recognized by the Maritime Authority but does not refer explicitly to reviewing any refusal of a medical certificate, and so it cannot be considered that this provision brings the national legislation into line with the requirements of the Convention. The Committee requests the Government to provide its comments in this respect. With reference to its previous comments, the Committee also requests the Government to take the necessary steps without delay to ensure that the national legislation is in full conformity with Article 5.

Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114)

Article 3 of the Convention. Written articles of agreement. The Committee notes the Government’s indication, in reply to its previous comments, that Bill No. 5869/2023CR, establishing regulations and recognition for maritime workers, the provisions of which are related to the Convention, is currently before the Labour and Social Security Committee of the National Congress. The CATP points out that sections 444(2), (3) and (4) of Legislative Decree No. 1147 refer to the obligation to have an employment contract for seafarers working on vessels flying the national flag. However, it is only stated in general terms that the Authority will establish the clauses to be included, without this being developed in detail subsequently. The CATP adds that, according to the information on the Ministry of Labour’s website, employment contracts in the fishing sector may be in verbal form, and so they are in breach of the Convention. The Committee requests the Government to provide its comments in this respect. The Committee notes that Legislative Decree No. 1147 (containing specific provisions for fishing personnel), as amended by Supreme Decree No. 001-2024-DE, establishes the requirement for a contract signed by the crew member and by the shipowner only for merchant navy personnel. The Committee once again requests the Government to take the necessary steps without delay to give full effect to Article 3 in law and in practice, and to provide information on any legal text adopted in this respect.

[The Government is asked to reply in full to the present comments in 202 6 . ]