Minimum Age (Sea) Convention (Revised), 1936 (No. 58) - Peru (Ratification: 1962)

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

The Committee notes the reports provided by the Government on the application of Conventions Nos 22, 23, 55, 56, 68, 69 and 147. It also notes the observations of the National Confederation of Private Business Institutions (CONFIEP) and the Autonomous Workers’ Confederation of Peru (CATP), received on 29 August and 1 September 2024, respectively. The Committee regrets to note that there has not been any progress in the adoption of the necessary measures to give full effect to the provisions of the Conventions. The Committee therefore urges the Government to adopt the necessary measures for this purpose without further delay, taking into account the points raised below.

The Committee recalls that, in the context of the Standards Review Mechanism, the Governing Body of the ILO has included an item on the agenda of the 118th Session (2030) of the International Labour Conference for the abrogation of Conventions Nos 22, 23, 55, 56, 68 and 69 and has requested the Office to carry out an initiative to promote, as a priority, the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006), by countries that are bound by the above Conventions. Noting that almost all the maritime Conventions ratified by Peru (with the exception of Convention No. 147) will in principle be abrogated in 2030, the Committee encourages the Government to ratify the MLC, 2006.

In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, which is set out below.

Seamen ’ s Articles of Agreement Convention, 1926 (No. 22)

Article 3 of the Convention. Guarantees relating to the signature of articles of agreement. The Committee notes the Government’s indication, in reply to its comments, that Bill No. 5869/2023-CR, regulating the status and recognition of maritime workers, the provisions of which are related to the Convention, is currently being reviewed by the Labour and Social Security Commission of the Congress of the Republic. While noting this information, the Committee requests the Government to take the necessary measures without delay to ensure compliance with the guarantees relating to the signature of articles of agreement and to give full effect to Article 3.

Articles 4 and 6. Clauses and particulars of the articles of agreement. The Committee notes that, in its reply to its previous comments, in addition to referring to the Bill noted above, the Government indicates that, although provisions have not been adopted on the clauses or content of the articles of agreement, that does not prevent the National Labour Inspection Supervisory Authority (SUNAFIL) from verifying compliance in general terms with social and labour rules in the maritime sector. The Committee also notes the CATP’s indication that, despite section 444(4) of the Regulations issued under Legislative Decree No. 1147 on the strengthening of the armed forces within the areas of competence of the National Maritime Authority – Port and Coastguard Directorate-General (DICAPI), which provides that “The competent authority shall specify the clauses to be included in the articles of agreement of seafarers, in accordance with the national legislation and the international instruments to which Peru is a party …”, this is not referred to in any of the other sections of the Regulations, and there do not exist national laws specifically regulating the articles of agreement of seafarers. The CATP adds that, as there are no specific regulations, the engagement of seafarers is governed by the rules applicable to private activity, without taking into account the atypical conditions of seafarers, who are therefore vulnerable in relation to articles of agreement and their fundamental rights are violated. The Committee requests the Government to provide its comments in this regard. It also requests the Government to take the necessary measures without further delay to give full effect to Article 4 and to establish the particulars and clauses to be included in the articles of agreement of seafarers under section 444(4) of the Regulations issued under Legislative Decree No. 1147 and in conformity with Article 6 of the Convention.

Article 5.Document recording service on board. The Committee notes that, in reply to its previous comments, the Government refers to the inspections carried out by the labour inspection services in the fishing sector, which are not relevant to the present case. It also notes the CATP’s indication that the State of Peru has not amended the legislation with a view to guaranteeing that seafarers receive a document containing a record of their employment on board. The CATP adds that the limited coordination between the authorities that enforce compliance with this requirement makes it impossible to verify compliance in practice. The Committee requests the Government to provide its comments in this respect. It also requests the Government to take the necessary measures without further delay to give full effect to Article 5.

Articles 9 and 11. Termination of an agreement of an indefinite period. Immediate discharge. With reference to its previous comments, in which it noted that the Regulations issued under Legislative Decree No. 1147 do not give effect to these provisions, the Government notes that the Government refers in generic terms to the information provided on the previous points. It also notes the CATP’s indication that the general rules applicable to the private sector are the only ones implemented in this respect, which does not permit the direct application of the provisions of Article 9 of the Convention. In contrast, the rules governing private labour activities, contained in the Single Codified Text of Legislative Decree No. 728, the Act on labour productivity and competitiveness, Presidential Decree No. 003-97-TR, provides that notice of termination shall be 30 calendar days. With reference to Article 11 of the Convention, the CATP indicates that section 31 of the same Presidential Decree provides for immediate discharge in cases of “flagrant serious fault”, which makes it possible for employers to discharge workers abruptly, without having to comply with the regular procedure for termination of employment. The Committee requests the Government to provide its comments in this regard. It also requests the Government to take the necessary measures without further delay to determine the conditions for the termination of articles of agreement for an indefinite period and the circumstances in which the shipowner or the master may immediately discharge a seafarer, in accordance with Articles 9 and 11.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 6. Obligations of the public authority of the country in which the vessel is registered. Noting that, in accordance with section 755(2) of the Regulations issued under Legislative Decree No. 1147, the National Maritime Authority shall contribute to the prompt repatriation or re-embarkation of seafarers by the shipowner following a marine accident, the Committee previously requested the Government to provide information on the instructions received by the public authority to ensure the repatriation of seafarers without distinction of nationality and to advance repatriation expenses if necessary. The Committee notes the Government’s indication that it will provide information on this subject in the near future. The Committee also notes the CONFIEP’s indication that, despite the challenges implicit in the geographical area, companies comply with the provisions of the Convention and have established clear procedures for repatriation situations, including taking out insurance to cover the related costs. The Committee also notes the CATP’s indication that, although the National Maritime Authority is required to collaborate in the repatriation of seafarers, in practice there are no provisions under which this requirement is given effect. In this context, none of the obligations of the National Maritime Authority set out in section 775(2) of the Regulations issued under Legislative Decree No. 1147 (protection of the basic human rights of seafarers affected by a marine accident, rapid investigation of accidents, recording of cases of unfair treatment following a marine accident) are complied with in practice. The Committee requests the Government to provide its comments in this regard. It also requests the Government to take the necessary measures without delay to give full effect to Article 6.

Shipowners ’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Articles 6(3) and 8 of the Convention. Repatriation.Safeguarding property left on board. The Committee notes that, in reply to its request on the items of expense covered for the repatriation of a sick or injured seafarer (Article 6(3)) and the measures to safeguard property left on board in the case of sick or injured seafarers (Article 8), the Government indicates that it will provide information in the near future. It also notes the CONFIEP’s indication that formal fishing companies not only take occupational safety and health preventive action to minimize occupational accidents, but also, in the event that any work-related accident occurs, they make claims from all insurance policies to provide compensation and ensure the provision of the necessary medical care in the event of sickness or injury. The Committee also notes the CATP’s indication that there is a clear legislative disparity between the occupational safety and health legislation (Act No. 29783 on occupational safety and health) and the Regulations issued under Legislative Decree No. 1147 since, while the former provides that occupational accidents and diseases shall be registered on the platform of the Ministry of Labour and Employment Promotion (MTPE) by the employer or the corresponding occupational doctor, the latter envisage a different role for the National Maritime Authority. With reference to Article 8, the CATP indicates that there is currently no legislation in force in Peru providing for the safeguarding of property left on board by sick or injured seafarers. The Committee requests the Government to provide its comments in this regard. It also requests the Government to take the necessary measures without further delay to determine the items of expense covered for the repatriation of a sick or injured seafarer (Article 6(3)) and to ensure the safeguarding of property left on board by sick or injured seafarers.

Sickness Insurance (Sea) Convention, 1936 (No. 56)

The Committee notes the CATP’s indication that, as a result of the legislative fragmentation respecting the social security system for fishers, of the approximately 133,000 workers who were in the fishing sector in 2022, only 37 per cent are affiliated to any insurance scheme in Peru, while 63 per cent do not have any social insurance coverage. It adds that efforts were made to ensure compulsory insurance coverage for artisanal fishers (a group which includes the great majority of workers in the sector) through Act No. 30636 establishing the Compulsory Insurance Scheme for Artisanal Fishers (SOPA). This scheme operated as an insurance for personal accidents and covered the risks of the death and physical injury of self-employed artisanal fishers and crewmembers, as well as third persons who are not in the crew, during fishing work, as a consequence of an accident in which the vessel is involved, including in waters adjacent to the maritime domain. The CATP indicates that, regrettably, regulations were never issued under Act No. 30636 and that in 2022 it was repealed by Act No. 31428, and that full effect is not therefore given to Articles 1 and 2 of the Convention in Peru. The Committee requests the Government to provide its comments in this respect.

Minimum Age (Sea) Convention (Revised), 1936 (No. 58)

The Committee notes the indication by the CONFIEP that the effective implementation of this Convention in the national context faces various challenges. Young persons who work in the maritime sector are faced by a variety of risks and hazards, including extreme working conditions, such as very long hours of work, the lack of rest, work in confined spaces, exposure to hazardous substances and the risk of accidents. One of the main difficulties in the application of this Convention in Peru lies in the high rate of informality characteristic of the maritime sector. The absence of labour registers and the difficulty of identifying workers, especially minors, makes effective enforcement difficult. This is compounded by the limited capacity of the competent authorities to carry out inspections, which facilitates non-compliance with labour rules, including those respecting the minimum age for admission to work. The Committee requests the Government to provide its comments in this regard.

Food and Catering (Ships ’ Crews) Convention, 1946 (No. 68)

Article 3 of the Convention. Cooperation with organizations of shipowners and seafarers. The Committee notes that, in reply to its comments, the Government indicates that it will provide information in the near future. The Committee also notes the CATP’s indication that the legislation in force does not provide any legislative guarantee to ensure the existence in practice of effective cooperation between the Government and the organizations of shipowners and seafarers, and that effect is not therefore given to Article 3. The Committee requests the Government to provide its comments in this respect. It also requests the Government to take the necessary measures without further delay to ensure cooperation between the competent authority and the organizations of shipowners and seafarers in relation to food and catering on board.

Article 11(2). Refresher courses. The Committee notes the CATP’s indication that, although the Government had indicated previously that there were some training courses related to work performed by seafarers, the current legislation in Peru does not directly establish the requirement for refresher courses for personnel involved in the provision of food and catering on board ships. It adds that it is reported to be a common practice that the personnel responsible for the provision of food do not always have the necessary qualifications or skills for that purpose, which is the clear responsibility of the shipowners who recruit such workers. The Committee requests the Government to provide its comments in this respect.

Article 12. Collection and dissemination of information and recommendations. The Committee notes that, in reply to its previous comments, the Government once again indicates that it will provide information in the near future. It also notes the CATP’s indication that, over eight years since the Committee’s request (of 2016), the Government of Peru has not managed to provide information on this subject, since in practice no action has been taken on the collection and dissemination of information on food and catering on board ships. The Committee requests the Government to provide its comments in this respect. It also requests the Government to take the necessary measures without further delay for the collection and dissemination of information and for issuing recommendations on food and catering.

Certification of Ships ’ Cooks Convention, 1946 (No. 69)

Article 4(4) of the Convention. Examination for a certificate of qualification. The Committee notes that, in reply to its previous request, the Government indicates that it will provide information in the near future. The Committee also notes the CATP’s indication that, although it is currently the DICAPI that establishes guidance for the provision of courses, shipping companies are also responsible for the provision of courses and their content, which not only gives rise to a potential conflict of interests, but is also a model that is not provided for in the Convention. The Committee requests the Government to provide its comments in this respect. It also requests the Government to take the necessary measures without further delay to give full effect to Article 4(4), particularly in relation to the organization and content of the examination for the granting of a certificate of qualification for ships’ cooks.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(d)(i) and (ii) and (g) of the Convention. Procedures for the engagement of seafarers on Peruvian ships. Complaints concerning the engagement of seafarers on foreign ships. Publication of the report of an inquiry into a serious accident. The Committee notes that, in reply to its previous requests on these provisions, the Government indicates that it will provide information in the near future. It also notes the CATP’s indication that the possibility for the labour inspection services, under the responsibility of the SUNAFIL, to inspect ships depends on the collaboration and cooperation of the DICAPI. Up to now, no provision has been found which makes it possible to ensure the existence in practice of the collaboration that should exist between these two bodies, nor is there a protocol on intersectoral coordination envisaging such joint work. More specifically, in relation to Article 2(d)(i) and (ii), there are no legislative provisions in Peru respecting the engagement of seafarers, nor any procedures for complaints relating to the articles of agreement of seafarers. The CATP indicates that conditions on board (deficient Internet connection, little telephone communication, excessive periods on board, restrictions on shore leave, etc.), make it difficult for seafarers to have access to such procedures, which in many cases involve a visit to the offices of public bodies. The CATP adds that effect is not given to Article 2(g) since, although there exists a department for the investigation of maritime accidents by the National Maritime Authority, there are no procedures for the publication of information. The CATP adds that the possibility should exist, in line with the provisions of Article 4 of Convention No. 147, for workers’ organizations to be able to submit complaints or representations directly to the DICAPI, but there are no explicit provisions on this in the current legislation. The Committee requests the Government to provide its comments in this regard. It also requests the Government to take the necessary measures without further delay to regulate the engagement of seafarers on ships registered in its territory (Article 2(d)(i)) and the procedures for the transmission of complaints concerning the engagement of seafarers on foreign ships (Article 2(d)(ii)), and to give full effect to the requirement for the final report of official inquiries into any serious accident involving ships registered in its territory to be made public (Article 2(g)).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 9 and 11 of the Convention. Denunciation of the Convention. The Committee notes the Government’s statement that, in view of its incompatibility with the Minimum Age Convention, 1973 (No. 138), Convention No. 58 is no longer applicable in the internal legal order. The Committee understands that, under section 1 of Decree No. 007-2006-MIMDES of 21 July 2006, work on the high seas is listed among the hazardous occupations in which no young persons below 18 years of age may be employed, which implies that Convention No. 58 has for all practical purposes become without object.

In this respect, the Committee wishes to draw the Government’s attention once more to established practices and procedures regarding the denunciation of international labour Conventions in general, and the specific terms on which Convention No. 138 revises, among others, Convention No. 58. In fact, under Article 10(4)(d) of Convention No. 138, should the Government specify that Article 3 of Convention No. 138 (that is minimum age of 18 years for admission to employment which by its nature is likely to jeopardize the health, safety or morals of young persons), applies to maritime employment, this would involve the immediate denunciation of Convention No. 58. The Committee accordingly requests the Government to consider possible action in accordance with Article 10 of Convention No. 138, which would lead to the denunciation of Convention No. 58.

Moreover, the Committee takes this opportunity to recall that Convention No. 58, together with 67 other international maritime labour instruments, is revised by the Maritime Labour Convention, 2006 (MLC, 2006). More concretely, the minimum age for admission to employment on board a ship is raised to 16 years (Standard A1.1(3)), while special attention is given to young persons under the age of 18, for example, prohibition of night work (Standard A1.1(2)), maximum validity of medical certificate of one year (Standard A1.2(7)), and prohibition to be employed as a ship’s cook (Standard A3.2(8)). The Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the early ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report.

The Committee takes the opportunity to draw the Government’s attention to the decision adopted by the Governing Body concerning the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (document GB.274/LILS/4(Rev.1) of March 1999). The Governing Body decided to invite the States parties to Convention No. 58 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 58 involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime employment and either specifies, in pursuance of Article 2 of this Convention, a minimum age of not less than 15 years, or specifies that Article 3 (establishing a higher minimum age for hazardous types of work) of Convention No. 138 applies to maritime employment.

Peru ratified Convention No. 138 on 13 November 2002. It specified a minimum age of 14 years for admission to employment or work and did not specify that Article 3 of the Convention applied to maritime employment. Consequently, the ratification of Convention No. 138 by Peru did not result in the denunciation of Convention No. 58. The Committee therefore draws the Government’s attention to the fact that the formal declaration of the application of Article 3 of Convention No. 138 to maritime employment would involve the denunciation of Convention No. 58 with immediate effect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It asks the Government to indicate by what methods application of the Convention is supervised and enforced and to supply information on the organization and working of inspection (Part III of the report form).