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

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

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 . ]

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.