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 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Minimum age. The Committee refers to its previous comment, in which it asked the Government for clarifications on the regulations in force regarding the minimum age for admission to employment in fishing. It notes that section 51(1) of the Code for Children and Young Persons sets the minimum age for admission to employment in industrial fishing at 17 years. It also notes that under section E-020110 of the appendix to Supreme Decree No. 005-2010-DE of 7 July 2010, the minimum age for registering as a worker in the fishing sector is 18 years. However, young people aged 16 years or more may be allowed on board fishing vessels as part of their training with the written consent of their parents or guardians and the permission of the port authorities and subject to compliance with the provisions of the youth vocational training agreement. The Committee notes that, in a previous report, the Government indicated that the corresponding provisions of Supreme Decree No. 028-DE/MGP of 25 May 2011, which was amended by Supreme Decree No. 005-2010-DE mentioned above, only applied to work in artisanal fishing. Nevertheless, the Committee understands that the latter Decree does not exclude artisanal fishing from its scope and therefore requests the Government to provide clarifications in this regard. The Committee also notes that a preliminary draft of a new Code for Children and Young Persons was drawn up in 2011 and that in section 67 it sets the minimum age for admission to employment at 15, with no other distinction being made in terms of sectors of activity. The Committee requests the Government to keep the Office informed of the adoption process of this new Code and of any new laws or regulations that would change the minimum age for admission to employment in industrial or artisanal fishing.

The Committee also notes the adoption of Supreme Decree No. 003-2010-MIMDES of 20 April 2010, which approves a detailed list of jobs and activities which are hazardous or harmful to the health and morals of young persons and in which they may not be employed. However, the Committee understands that hazardous work in the industrial and artisanal fishing sectors are defined in a more flexible manner in the latter text than in Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which was in force previously. The Committee requests the Government to provide further clarifications on the types of work in the fishing sector that are currently considered to be of a hazardous nature under Supreme Decree No. 003-2010-MIMDES. In this regard, the Committee draws the Government’s attention to the report entitled Children in hazardous work: What we know, what we need to do, published in 2011 by the International Labour Office, which lists the risks associated with the different types of work carried out on board fishing vessels.

Part V of the report form. Application in practice. The Committee notes that Peru benefited from ILO technical assistance in the context of a three-year (2008–11) project for the rational and sustainable development of the fishing sector, funded by the Government of Spain. In this connection, it notes the publication by the ILO in September 2009 of a report on work and employment in the fishing sector in Ecuador and Peru, according to which 3.1 per cent of workers in artisanal fishing are young people between 11 and 17 years of age. The Committee requests the Government to provide any documents available containing more precise information on the employment of young people under 15 years of age in artisanal fishing.

The Committee also draws the Government’s attention to the fact that, under Article 10(4)(e) of the Minimum Age Convention, 1973 (No. 138), where a State party to Convention No. 112 accepts the obligations under Convention No. 138 for maritime fishing and sets, in accordance with Article 2 of that Convention, a general minimum age for admission to employment of not less than 15 years, this shall, ipso jure, involve the immediate denunciation of Convention No. 112. Consequently, if the preliminary draft of the new Code for Children and Young Persons, and more specifically section 67, is adopted and if the Government makes a declaration to the ILO Director-General in compliance with Article 2(2) of Convention No. 138, raising the minimum age for admission to employment from one to 15 years, the declaration would have the effect of the immediate denunciation of Convention No. 112. The Committee hopes that the Government will complete the process aimed to raise the general minimum age for admission to employment or work under Convention No. 138 to 15 years and requests it to keep the Office informed of the progress made in this regard.

Finally, the Committee recalls that the Work in Fishing Convention, 2007 (No. 188) revises and consolidates the majority of ILO Conventions on work in the fishing sector, including Convention No. 112. In particular, Article 9 of Convention No. 188 raises the minimum age for work on board a fishing vessel from 15 to 16 years and provides that the competent authority may authorize a minimum age of 15 years for persons who are no longer subject to compulsory schooling and who are engaged in vocational training in fishing, and prohibits work at night for fishers under the age of 18 years. In this regard, the Committee emphasizes that the ratification of Convention No. 188 would also entail the automatic denunciation of Convention No. 112. The Committee notes that tripartite meetings on the possible ratification of Convention No. 188 were held in 2008 in the framework of the National Labour Council and requests the Government to keep the Office informed of any decision that may be taken on this matter.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Consultation with fishing-boat owners and fishers’ organizations. The Committee notes the Government’s indication that the regulations adopted on medical examinations of fishers were not the subject of previous consultations with fishing-boat owners and fishers’ organizations, but that they do take into account the relevant standards and recommendations of the respective international organizations. The Committee nevertheless draws the Government’s attention to the importance of the consultation of the employers’ and workers’ organizations concerned in the implementation of international labour standards, including in the application of this Convention. Consultation is fundamental, even when transposing the Government’s international commitments in relation to intergovernmental organizations, such as the International Maritime Organization (IMO), into domestic law. Consequently, the Committee hopes that the Government will not fail to take the necessary measures to hold the consultations provided for in the Convention prior to the adoption of any future provisions for the Convention’s implementation.

Article 4(1). Period of validity of medical certificates of young fishers under 21 years of age. The Committee notes the adoption of Resolution No. 212-2007/DCG amending Resolution No. 268-2006/DCG, on which it commented previously. It notes that under section 3/I of Resolution No. 212 2007/DCG, the maximum period of validity of medical certificates for fishers is three years, but understands that this resolution does not set a reduced period of validity for young fishers. Recalling that under Article 4(1) of the Convention the period of validity of medical certificates for fishers under 21 years of age shall not exceed one year from the date of issue, the Committee hopes that the Government will take the necessary measures rapidly to bring the national legislation into conformity with the Convention on this point. The Committee requests the Government to keep the Office informed of any developments in this connection.

Article 5. Examination by an independent medical referee. The Committee notes that in response to its previous comment on this point, the Government indicates that medical examinations for seafarers are undertaken in certified medical centres and it confirms that there is no provision for a fisher to undergo a new examination if a medical certificate has been refused. The Committee nevertheless emphasizes that the right to appeal to an independent medical referee in the case of refusal to issue a medical certificate is particularly important, where such a refusal would prevent the fisher in question from working and therefore from receiving remuneration. This right is also reaffirmed in Article 11 of Convention on Work in Fishing, 2007 (No. 188). Consequently, the Committee trusts that the Government will take measures rapidly to ensure the effective implementation of this provision of the Convention and requests the Government to forward copies of any legal or regulatory texts adopted to this end.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government regarding the number of fishers registered in Peru, by occupational category, and the number of medical examinations carried out per year. The Committee requests the Government to continue to provide information on the application of the Convention in practice, particularly of the type contained in its last report, with indications on the activities of the labour inspection services, infringements of national legislative provisions giving effect to the Convention, and any remedial action taken.

Finally, the Committee draws the Government’s attention to the fact that Articles 10 to 12 of Convention No. 188 reproduce the majority of the provisions of Convention No. 113, while offering greater flexibility to fishing vessels less than 24 metres in length which ordinarily are at sea for no longer than three days. The Committee emphasizes in this connection that the ratification of Convention No. 188 by a State party to Convention No. 113 entails the automatic denunciation of the latter Convention. The Committee requests the Government to consider the ratification of Convention No. 188 and to keep the Office informed of any decision taken on the matter.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Minimum age. The Committee notes that section 51(1) of Act No. 27337 of 2 August 2000 issuing the Children’s and Young Persons’ Code, as amended by Act No. 27571 of 4 December 2001, sets the minimum age for work in industrial fishing at 17 years. It also notes that artisanal fishing comes under the “other work procedures” governed by section 51(2) of the Code and for which the minimum age is 14 years, although it may exceptionally be 12 years in certain cases.

The Committee also notes that, under section E-020111 of Supreme Decree No. 028-DE/MGP of 25 May 2001 issuing the implementing regulations for the Act on the control and supervision of maritime, river and lake activities, young people aged 16 years or more may, in certain conditions, be allowed on board fishing vessels as part of their training. It notes in this connection that, according to information supplied by the Government in its previous report, this rule applies only to artisanal fishing, employment in industrial fishing being regulated, as noted above, by section 51(1) of the Children’s and Young Persons’ Code.

The Committee notes Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which approves for a period of two years the list of jobs and activities which are hazardous or harmful to young persons’ health and morals and in which they may not be employed. It notes in this connection that the activities listed as hazardous by their nature include work carried out on the high seas or underwater in connection, inter alia, with industrial or artisanal fishing activities (No. A.6 on the list), and activities carried out in the context of artisanal fishing in connection with the fishing, despatch and marketing of fish, coral, molluscs and seaweed (No. A.7 on the list).

The Committee infers from the various texts that the minimum age for work in industrial fishing is 17 years other than in activities carried out on the high seas or underwater, for which the minimum age is 18 years. With regard to artisanal fishing, it infers that the minimum age is ordinarily 14 years but may be 12 years in exceptional cases authorized by section 51(2) of the Children’s and Young Persons’ Code, and that it is 18 years for activities carried out on the high seas or underwater and for work undertaken in connection with the fishing, despatch and marketing of fish and other sea products. The Committee requests the Government to indicate whether the Committee’s inferences are correct. If so, the Committee would remind the Government that, pursuant to Article 2(1) of the Convention, children under 15 years of age may not ordinarily be employed on board fishing vessels. Exceptions may be allowed occasionally during school holidays (Article 2(2)). Furthermore, national laws or regulations may provide for certificates to be issued permitting children of not less than 14 years to be employed provided that the educational or other appropriate authority is satisfied, after having due regard to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed, and that such employment will be beneficial to the child (Article 2(3)). With regard to artisanal fishing, the Committee requests the Government to indicate the measures taken to ensure that the above conditions are observed in the event of children being permitted to work as from 14 years of age. The Government is also asked to indicate whether certain activities in artisanal fishing are authorized from the age of 12 years under the exceptions allowed by section 51(2) of the Children’s and Young Persons’ Code.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide information on the effect given to the Convention in practice, including, for instance, reports of the inspection services and, if possible, statistical data on the number and nature of the infringements reported.

Lastly, the Committee takes this opportunity to draw the Government’s attention to the decision that the Governing Body took following an examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000). The Governing Body decided to invite States parties to Convention No. 112 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Peru ratified Convention No. 138 on 13 November 2002. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Peru has not resulted in the denunciation of Convention No. 112. The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13–17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment or work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138. The Committee requests the Government to indicate the measures taken or envisaged to follow up on the Governing Body’s decisions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that the General Directorate of Harbour Authorities and Coastguards is the authority competent to establish the minimum levels determining the capacity of crew members in the fishing sector. The Committee also notes the model medical certificate produced by the General Directorate of Harbour Authorities and Coastguards, and particularly the reference to the age of the fisherman and the type of activity performed on the fishing boat as factors to be taken into consideration in the medical examination. The Committee requests the Government to indicate whether, and in what manner, fishing boat owners’ and fishers’ organizations were consulted in prescribing the nature of the medical examination to be made and the particulars to be included in the medical certificate.

Article 4(1). Period of validity of medical certificates for young fishers under 21 years of age. The Committee notes that, under the terms of section 4/I(4) of resolution No. 268-2006/DCG of 26 June 2006, fishermen under 18 years of age have to undergo a medical examination each year. In this respect, the Committee recalls that, by virtue of the Convention, the medical certificate attesting to fitness for work in maritime fishing shall remain in force for a period not exceeding one year in the case of young persons of less than 21 years of age, and not 18 years of age, as established in the above provision. The Committee requests the Government to indicate the measures adopted or envisaged to bring the national legislation into conformity with the Convention on this point.

Article 5. Examination by an independent medical referee. The Committee notes that resolution No. 268-2006/DCG of 26 June 2006 contains no reference to the possibility for a fisherman who has been refused a certificate to undergo a further examination by an independent medical referee or referees. It also notes that the Government indicated in its previous report that, although there is no specific provision on this subject, nothing prevents the worker concerned from applying for a further examination. In this respect, the Committee recalls that Article 5 of the Convention requires arrangements to be made to enable any person to apply for a further examination by an independent medical referee or referees. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this provision of the Convention.

Part V of the report form. Practical application. The Committee notes the Government’s indication that statistical information on the number and nature of the infringements reported will be supplied as soon as it is available. It requests the Government to provide additional information with an indication, among other data, of the number of professional fishers covered by the Convention, the number of medical examinations carried out and certificates issued each year, and any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.

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)

Article 2 of the Convention. Minimum age. The Committee notes that section 51(1) of Act No. 27337 of 2 August 2000 issuing the Children’s and Young Persons’ Code, as amended by Act No. 27571 of 4 December 2001, sets the minimum age for work in industrial fishing at 17 years. It also notes that artisanal fishing comes under the “other work procedures” governed by section 51(2) of the Code and for which the minimum age is 14 years, although it may exceptionally be 12 years in certain cases.

The Committee also notes that, under section E-020111 of Supreme Decree No. 028-DE/MGP of 25 May 2001 issuing the implementing regulations for the Act on the control and supervision of maritime, river and lake activities, young people aged 16 years or more may, in certain conditions, be allowed on board fishing vessels as part of their training. It notes in this connection that, according to information supplied by the Government in its previous report, this rule applies only to artisanal fishing, employment in industrial fishing being regulated, as noted above, by section 51(1) of the Children’s and Young Persons’ Code.

The Committee notes Supreme Decree No. 007-2006-MIMDES of 20 July 2006, which approves for a period of two years the list of jobs and activities which are hazardous or harmful to young persons’ health and morals and in which they may not be employed. It notes in this connection that the activities listed as hazardous by their nature include work carried out on the high seas or underwater in connection, inter alia, with industrial or artisanal fishing activities (No. A.6 on the list), and activities carried out in the context of artisanal fishing in connection with the fishing, despatch and marketing of fish, coral, molluscs and seaweed (No. A.7 on the list).

The Committee infers from the various texts that the minimum age for work in industrial fishing is 17 years other than in activities carried out on the high seas or underwater, for which the minimum age is 18 years. With regard to artisanal fishing, it infers that the minimum age is ordinarily 14 years but may be 12 years in exceptional cases authorized by section 51(2) of the Children’s and Young Persons’ Code, and that it is 18 years for activities carried out on the high seas or underwater and for work undertaken in connection with the fishing, despatch and marketing of fish and other sea products.

The Committee requests the Government to indicate whether the Committee’s inferences are correct. If so, the Committee would remind the Government that, pursuant to Article 2, paragraph 1, of the Convention, children under 15 years of age may not ordinarily be employed on board fishing vessels. Exceptions may be allowed occasionally during school holidays (Article 2, paragraph 2). Furthermore, national laws or regulations may provide for certificates to be issued permitting children of not less than 14 years to be employed provided that the educational or other appropriate authority is satisfied, after having due regard to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed, and that such employment will be beneficial to the child (Article 2, paragraph 3). With regard to artisanal fishing, the Committee requests the Government to indicate the measures taken to ensure that the above conditions are observed in the event of children being permitted to work as from 14 years of age. The Government is also asked to indicate whether certain activities in artisanal fishing are authorized from the age of 12 years under the exceptions allowed by section 51(2) of the Children’s and Young Persons’ Code.

Part V of the report form. The Committee requests the Government to continue to provide information on the effect given to the Convention in practice, including, for instance, reports of the inspection services and, if possible, statistical data on the number and nature of the infringements reported.

Lastly, the Committee takes this opportunity to draw the Government’s attention to the decision that the Governing Body took following an examination of the Convention by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).

The Governing Body decided to invite States parties to Convention No. 112, which include Peru, to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). Ratification of Convention No. 138 by a State party to Convention No. 112 entails the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.

Peru ratified Convention No. 138 on 13 November 2002. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Peru has not resulted in the denunciation of Convention No. 112.

The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment or work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.

The Committee requests the Government to indicate the measures taken or envisaged to follow up on the Governing Body’s decisions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, and particularly the adoption of Supreme Decree No. 016-2005-DE/MGP of 20 June 2005, respecting administrative procedures relating to the Peruvian navy, and resolution No. 268-2006/DCG on medical examinations of crew members of fishing vessels and traditional fishing boats. However, the Committee would be grateful to be provided with further information on the following points.

Article 3 of the Convention. Consultation with fishing-boat owners’ and fishers’ organizations. The Committee notes that the General Directorate of Harbour Authorities and Coastguards is the authority competent to establish the minimum levels determining the capacity of crew members in the fishing sector. The Committee also notes the model medical certificate produced by the General Directorate of Harbour Authorities and Coastguards, and particularly the reference to the age of the fisherman and the type of activity performed on the fishing boat as factors to be taken into consideration in the medical examination. The Committee requests the Government to indicate whether, and in what manner, fishing boat owners’ and fishers’ organizations were consulted in prescribing the nature of the medical examination to be made and the particulars to be included in the medical certificate.

Article 4, paragraph 1. Period of validity of medical certificates for young fishers under 21 years of age. The Committee notes that, under the terms of section 4/I(4) of resolution No. 268-2006/DCG of 26 June 2006, fishermen under 18 years of age have to undergo a medical examination each year. In this respect, the Committee recalls that, by virtue of the Convention, the medical certificate attesting to fitness for work in maritime fishing shall remain in force for a period not exceeding one year in the case of young persons of less than 21 years of age, and not 18 years of age, as established in the above provision. The Committee requests the Government to indicate the measures adopted or envisaged to bring the national legislation into conformity with the Convention on this point.

Article 5. Examination by an independent medical referee. The Committee notes that resolution No. 268-2006/DCG of 26 June 2006 contains no reference to the possibility for a fisherman who has been refused a certificate to undergo a further examination by an independent medical referee or referees. It also notes that the Government indicated in its previous report that, although there is no specific provision on this subject, nothing prevents the worker concerned from applying for a further examination. In this respect, the Committee recalls that Article 5 of the Convention requires arrangements to be made to enable any person to apply for a further examination by an independent medical referee or referees. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this provision of the Convention.

Part V of the report form. The Committee notes the Government’s indication that statistical information on the number and nature of the infringements reported will be supplied as soon as it is available. It requests the Government to provide additional information with an indication, among other data, of the number of professional fishers covered by the Convention, the number of medical examinations carried out and certificates issued each year, and any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.

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 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It asks the Government to provide in its next report information on the organization and working of inspection (Part III of the report form) and, if such statistics are available, information concerning the number and nature of the contraventions reported (Part V of the report form).

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

The Committee notes the Government’s report. It would be grateful if the Government provides in its next report information on the organization and working of inspection (Part III of the report form), information concerning the number and nature of the contraventions reported, if such statistics are available (Part V of the report form), as well as a sample of a medical certificate (Article 3 of the Convention).

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.