Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

The Government has communicated the following information:

The collective agreements provided in 1987 were concluded between the Association of Peruvian Shipowners and the Peruvian Federation of Seafarers. In accordance with Peruvian legislation, "seafarers" means those who show they have satisfactorily completed the corresponding training course organised by the National Merchant Marine School as well as the Training, Qualification and Watchkeeping for Seafarers Standards and obtained the boarding document from the maritime authorities (section B030308 and following of the Captaincy and Marine, River and Lake Activities Regulations). Thus, the collective agreements in question only apply to ordinary seafarers, since officers are covered by other collective agreements.

The above-mentioned Regulations, approved by Supreme Decree No. 02-87-MA of 9 April 1987, brought the Peruvian maritime legislation up to date and regulate the organisation, jurisdiction and functions of the maritime authority in maritime, river and lake activities in Peru and the supervision of activities in navigable waters, as well as personnel and material questions in the national merchant marine, fishing and water sports: maritime labour and similar activities; protection of the marine environment and its resources and wealth; safety of life at sea and on navigable rivers and lakes, safety and supervision of ports and docks; and the struggle against smuggling and other illegal activities within its competence. It also decides on administrative procedures for the investigation of damage or accidents to ships or persons, damage to cargo and contamination of waters.

The Regulations are obviously wide-ranging and comprehensive and they include the working conditions of seafarers on board ship.

As regards the Convention, the Regulations deal with the quantity and quality of food and catering on board ship and the right of crew members to make complaints to the competent authorities in respect of the quality and quantity of food provided on board. Yet there are some gaps and some unclear provisions in the Regulations which are being studied in detail by those concerned with a view to amending them.

Legislation dealing specifically with food and catering on board ship is envisaged.

Besides this, Parliament is studying a law to regulate working conditions of seafarers on board ship. Further, the present Committee should be informed that a tripartite seminar is taking place in Peru this month with participation of all professional maritime organisations in order to lay the foundations for working conditions on board ship.

In addition, a Government representative stated that, with respect to the observations made by the Committee of Experts on the necessity to adopt legislation on food and catering arrangements and to establish a labour inspection system, two legal provisions existed. The first, Supreme Decree No. 012-77-SA of October 1977, contained rules concerning the approval by the Ministry of Health for water for human consumption and the periodic control of equipment. As well, it set out the rules which must be observed in the supply, storage and handling of food. The other legal provision which covered ships' crews was the Captaincy Rules issued in 1987 which were intended to bring into conformity national legislation with ratified Conventions, including the present Convention. These rules specified that before ships set sail verification must be made that, according to the route, time of year, duration of the voyage and other foreseeable factors, sufficient supplies were on board. They also established the responsibilities of the administration. In regard to the establishment of an inspection system, the rules also required periodic inspection. Inspectors must record any deficiencies found, and these would be subject to sanctions. The rules also established the right of ships' crews if they numbered no less than one-third, to protest against the quantity and quality of the food supplied to them to the Maritime or Consular Authorities. The directorate of the Captaincy would take into consideration the comments made by the sectors affected by the rules so that any necessary modifications could be made. The Maritime Authorities had stated that with respect to the observations made by the Committee of Experts, that one of the issues which would be completed would be the supply of food and catering services. In conclusion, the Government representative stated that studies were being carried out with the aim of eventually enacting a law which would regulate the working conditions of ships' crews and that assistance in this matter had been requested from the ILO.

The Employers' members stated that collective agreements were also a means of applying the Convention, but what needed to be known was who were covered by these agreements. They asked if in Peru there existed the possibility to extend collective agreements by national legislation. They thought that the legal texts which had been referred to should be communicated to the ILO in order that they could be examined for any shortcomings and the means by which these could be overcome. They hoped that in the next report the Government would reply to the observations made by the trade unions in regard to the application of this Convention.

The Workers' members associated themselves with the comments made by the Employers' members. They remarked that this case had been discussed in 1983, 1984 and 1986, and that it had been the subject of a special paragraph in 1984. They hoped that the law to which the Government representative had referred would be enacted as quickly as possible and that the information requested from the Government, especially on the points raised by the Peruvian trade unions, would be sent as quickly as possible to the ILO.

The Worker member of Argentina expressed his agreement with the remarks made by the Workers' members' spokesman. He stressed the importance that food supplies and catering arrangements had for seafers given the nature of their work which obliged them to live away from their families for long periods of time. He asked the Government representative to urge her Government to undertake the necessary legislative measures to fulfil the provisions of the present Convention.

The Government representative stated that her Government recognised that the provisions of the Convention had not been fully complied with, but that they were endeavouring to bring into conformity all legislation with the provisions of international Conventions. She referred to the problems that arose when responsibilities were shared with other sectors; in the present case the Ministry of Defence of which depends also the Merchant Navy. In reply to the Employers' members on the question of collective agreements, she stated that collective agreements which applied to ships' crews members had been sent to the ILO; those which applied to officers would be sent shortly.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 3 of the Convention. Cooperation with organizations of shipowners and seafarers and with national authorities. The Committee notes the information provided by the Government in its report concerning the provisions contained in the Act of 30 May of 1996 on Ports and Activities at Sea and on Inland Waterways and legislation relating to the sanitary control of food and beverages. It recalls that the Convention requires that the activities of the various authorities be duly coordinated so as to avoid overlapping or uncertainty of jurisdiction. However, the Committee understands that the national legislation makes no provision for cooperation with shipowners and seafarers organizations and other entities, except in matters of labour inspection under section 33 of the Labour Inspection and Protection of Workers Act of 16 March 2001. In addition, the Committee recalls that the same requirement has been incorporated in Guideline B3.2.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore requests the Government to provide additional information concerning the manner in which such collaboration and coordination are effectively ensured.

Article 5(2). Laws and regulations on food supplies and catering services. The Committee recalls its previous comment in which it noted that national legislation does not regulate the quantity and quality of the food supply and catering arrangements on board ships. It recalls, in this respect, that the same requirement has been incorporated in Standard A3.2(1) and (2)(a) of the MLC, 2006. In the absence of the Government’s reply on this point, the Committee once more requests the Government to take the necessary measures to ensure that the provision of food of suitable quantity and quality as well as the arrangement and equipment of the catering department in every vessel are regulated by means of laws or regulations.

Article 7(2). Inspection at sea. Further to its previous comment regarding the absence of a written record of inspections carried out at sea, the Committee emphasises that, according to the Convention, there must be a written record of such inspections. The Committee notes that the Government’s report does not provide any indication relating to the measures taken in order to bring the national legislation in line with this Article of the Convention. In addition, the Committee recalls the same requirement has been incorporated in Standard A3.2(7) of the MLC, 2006. Consequently, the Committee once again requests the Government to take the necessary measures to ensure that the results of each inspection carried out at sea by the ship’s master are duly recorded, as required under this Article of the Convention.

Article 10. Annual report. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 10 of the Convention. It recalls, in this connection, that the Government in earlier reports made reference to a special standing commission responsible for examining and evaluating international labour Conventions on matters relating to seafarers (CECMAL–OIT), but has not given any information on the functioning of such a Committee since 1994. The Committee requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of the report on inspections activities as soon as it is drawn up.

Article 11(2). Refresher courses. The Committee notes that the Ministry of Labour has submitted the question of application of Article 11 of the Convention for the consideration by the Directorate General of Ports and Coast Guards. The Committee requests the Government to provide information in its next report concerning the measures adopted to establish refresher courses pursuant to this Article of the Convention.

Article 12. Collection and publication of information. The Committee notes that the Ministry of Labour has envisaged the setting up of a tripartite sectoral committee for the consideration of the situation concerning the implementation of Article 12 of the Convention. It recalls that the same requirements have been incorporated in Guideline B3.2.1(1) and (2) of the MLC, 2006. The Committee requests the Government to keep the Office informed of any measures taken by the competent services to discharge their responsibility for collecting and disseminating up-to-date information on food and catering on board ships and issuing recommendations.

Part V of the report form. Practical application. Noting that the Government has not provided for several years any information of a general nature concerning the application of the Convention in practice, the Committee requests the Government to supply up-to-date information, including, for instance, extracts from reports of the inspection services, any available information as to the number and nature of complaints which may have been made by members of ships’ crew, copies of any applicable collective agreements containing clauses on food and catering, relevant decisions of the Directorate General of Ports and Coast Guards, information on any training courses for members of the catering department of seagoing vessels copies of any notices issued by the competent authority to ships’ masters, stewards or cooks on food and catering issues, including recommendations to avoid wastage of food or to maintain a proper standard of cleanliness.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 68 have been incorporated into Regulation 3.2, Standard A3.2 and Guideline B3.2.1 of the MLC, 2006. Moreover, the MLC, 2006, introduces some new provisions regarding the obligations to take into account the differing cultural and religious backgrounds, to provide food free of charge and to carry a fully qualified cook on board. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

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

The Committee notes the information supplied by the Government. It wishes to draw the Government’s attention to the following points.

In answer to the comments made in 2001 by the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers alleging non-compliance with the provisions of the Convention by Peru, the Government indicates that whenever a problem arises concerning the application of the Convention, suitable remedial measures are taken in accordance with the law; and it therefore considers that the abovementioned comments are unfounded. The Government states that it is nevertheless ready to respond to any requests for information from the Committee. According to the information supplied in the Government’s report, no texts have been enacted recently on food and catering for ships’ crews. The Committee requests the Government to indicate in its next report the suitable measures to which it refers, and to indicate in particular the manner in which it has resolved the problem raised by the abovementioned union.

Article 2, paragraph 2, and Article 12 of the Convention. Research into and educational information on food supply and catering. A study on the diet of crew members was conducted in 1984 by the Naval Medical Centre. The Committee requests the Government to indicate in its next report whether other studies, inter alia, on methods of ensuring a proper food supply and catering service, have been conducted in recent years. It also asks the Government to indicate whether recent information on new methods for the purchasing, storing and preservation of food and for waste control have been collected and disseminated in accordance with Article 12 of the Convention.

Article 3. Cooperation with organizations of shipowners and seafarers and with national authorities. According to this provision, the competent authority must carry out its work in close cooperation with the organizations of shipowners and seafarers and with national or local authorities concerned with questions of food and health. In this provision, the authority’s work is to be construed broadly. Amongst other things it involves setting up both national regulations and an inspection system. The national legislation only provides, in section 33 of Legislative Decree No. 910 of 16 March 2001 on labour inspection and the protection of workers, for the signing of cooperation agreements regarding inspection with public entities or bodies and with organizations of employers and workers. Consequently, the Committee requests the Government to indicate whether the competent authority also cooperates with these entities on matters pertaining to the regulation of food and catering for crews.

Article 5, paragraph 2. Requirement for the provision of suitable food and water supplies. Although sections A-070101 to A-070103 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews contain, as required by Article 5, paragraph 2(a), of the Convention, provisions on the nutritive value and variety of food, there is no indication as to the quantity and quality of the food. Section E-010705 of Supreme Decree No. 002-87-MA of 9 April 1987 stipulates only that pilots are required to give the ship’s master confirmation that supplies are adequate for the voyage planned. Consequently, the Committee requests the Government to indicate the manner in which the requisite quantity of food is calculated. It also asks the Government to take the necessary steps to ensure that provisions governing both the quantity and the quality of food are incorporated in the legislation.

Article 7, paragraph 2. Inspection at sea. According to section A-080104 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for crews on merchant ships, the chief pilot is responsible for carrying out a daily inspection in addition to the annual inspection performed by the maritime authority. According to section A-080105, however, only the results of the maritime authority’s inspections are recorded. The Committee points out that, according to the Convention, there must be a written record of the results of each inspection at sea. The Committee therefore asks the Government to take the necessary steps to ensure that the results of each inspection carried out at sea by the ship’s master or an officer are recorded as required by the Convention.

Article 10. Preparation of an annual report. For many years the Committee has been asking the Government to provide the annual report prepared by the competent authority. The Government again indicates that such a report has still not been prepared. It states, however, that the Directorate General of Harbour Offices and Coastguards has sent the model on which the Government plans to base the report; this model being appended to the report. Since the Committee has not received the model, it requests the Government to send it with its next report. It hopes that the Government will be in a position to send the report required by the Convention as soon as possible.

Article 11, paragraph 2. Refresher courses. Sections A-010102 and A-010107 of Supreme Decree No. 047-DE/MGP of 9 October 1990 on food and catering for merchant crews set forth the requirements and qualifications demanded of staff responsible for food. According to the provisions of the Convention, refresher courses, enabling persons already trained to bring their knowledge and skill up to date must be provided. Since the national legislation contains no provisions of this kind, the Committee requests the Government to take the necessary steps to establish such courses.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

In its previous direct request the Committee asked the Government to provide the reply to the comments of the Union of Crew Members of Maritime Vessels for the Protection of C.P.V.S.A. Workers concerning the alleged non-observance by Peru of the Convention, previously transmitted to the Government for response. It notes that the Government’s report does not reply to these comments. The Committee once again asks the Government to provide its reply to these comments.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the comments of the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers concerning the alleged non-observance by Peru of the Convention, previously transmitted to the Government for response. Referring also to its 1998 direct request the Committee asks the Government to provide its reply to these comments.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 3 of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government concerning the special standing commission set up by Ministerial Resolution No. 060-96-PCM. The Committee notes that this commission is responsible for advising on the signing, accession to and ratification of international conventions. Its terms of reference do not appear to cover the requirement of Article 3 of the Convention, which concerns cooperation between the competent authority and the organizations of shipowners and seafarers and the coordination of different authorities in relation to aspects covered by the Convention once it has been ratified. The Committee hopes that the Government will provide information in its next report on the manner in which such collaboration and coordination is ensured.

Article 9, paragraph 2. The Committee notes the information in the Government's last report concerning the scope of Ministerial Resolution 0726-92-SA/DM and section 83, subparagraph (f), of the General Customs Duties Act. The Committee notes that the content of the Act in question bears no relation to the provisions of this Article of the Convention. The Committee once again requests the Government to indicate if it has adopted legislation providing for specific penalties for the infringements referred to in this provision of the Convention, and, if it has done so, to provide the Office with a copy of the relevant text.

Article 10. The Committee notes that the General Directorate of Harbours and Coastguards of the Peruvian Navy is in the process of drawing up its annual report. The Committee hopes that this report will be published once it is completed and made available to organizations and persons who may be interested and that a copy will be provided for the ILO.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with interest the information supplied by the Government in its report. The Committee requests the Government to supply additional information on the following points.

Article 3 of the Convention. In its report in 1990, the Government referred to the existence of a special standing commission which is responsible for examining and evaluating international labour Conventions and Recommendations on matters relating to the work of seafarers (CECMAL-OIT), in cooperation with shipowners and seafarers. In its latest report, the Government no longer refers to the special commission nor supplies any other information relating to the application of this Article of the Convention concerning cooperation with the organizations of shipowners and seafarers and with the various authorities concerned, apart from indicating that this provision is still not applied. Please clarify this point.

Article 9, paragraph 2. The Committee notes the information that the new national legislation is still being formulated with regard to specific penalties for the violations referred to by this provision of the Convention. The Government is asked to state whether this legislation has been adopted and, if so, to supply a copy of it.

Article 10. Please provide an copy of the most recent annual report published by the competent authority.

Point V of the report form. Please supply general information on the manner in which the Convention is applied, including, for example, copies of collective agreements relating to food and the catering service on board vessels.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the communication of the Trade Union of Crews of Petroleum Transoceanica S.A. in which the Union states that section 070105 of the Regulations concerning food and catering on board ship, approved by Supreme Decree No. 047 DE/MGP of 1990, provides a cash equivalent of the food ration for crew who have, for any reason, to feed themselves ashore which is inferior to the protection required under the Convention. In its view the Convention is binding and under article 57 of the Peruvian Constitution cannot be renounced, so that all contrary provisions or agreements such as sections 070105 and 070106 of the above Regulations are void. It adds that in cases of any doubts as to the scope and contents of any such provisions the interpretation should be in favour of workers. The Government has replied that the provisions in question do not relate to the obligation in respect of food and catering on board ship, which is fulfilled by the company. The Committee recalls that the Convention requires the promotion by the ILO member State for which it is in force of a proper standard of food and catering for the crews of vessels (Article 1(1)). Legislation on food and catering arrangements should be designed to secure the health and well-being of crews, with food and water supplies which are suitable in respect of quantity, nutritive value, quality and variety (Article 5). The Committee notes also that the competent authority should work in close cooperation with the organizations of shipowners and seafarers in regard to these matters (Article 3). It would be grateful if in its next report the Government would indicate the nature of the difficulties met with and the results of any consultations undertaken. Please also indicate what steps might be taken in this light.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the communication of the Trade Union of Crews of Petroleum Transoceanica S.A. in which the Union states that Supreme Decree No. 047 DE/MGP of 1990 concerning food and catering on board ship provides a cash equivalent of the food ration for crew who have, for any reason, to feed themselves ashore which is inferior to the protection required under the Convention. In its view the Convention is binding and under article 57 of the Peruvian Constitution cannot be renounced, so that all contrary provisions or agreements such as sections 07105 and 07106 of the Decree are void. It adds that in cases of any doubts as to the scope and contents of any such provisions the interpretation should be in favour of workers.

The Government has replied that the provisions in question do not relate to the obligation in respect of food and catering on board ship, which is fulfilled by the company.

The Committee notes that the Convention requires the promotion by the ILO member State for which it is in force of a proper standard of food and catering for the crews of vessels (Article 1(1)). Legislation on food and catering arrangements should be designed to secure the health and well-being of crews, with food and water supplies which are suitable in respect of quantity, nutritive value, quality and variety (Article 5). The Committee notes also that the competent authority should work in close cooperation with the organisations of shipowners and seafarers in regard to these matters (Article 3). It would be grateful if in its next report the Government would indicate the nature of the difficulties met with and the results of any consultations undertaken. Please also indicate what steps might be taken in this light.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its observation and its previous direct request, the Committee has noted with interest the indications as to co-ordination and co-operation between the various authorities and shipowners' and seafarers' organisations in relation to the Convention (Article 3), with a view to, amongst other things, new regulations relating to the Convention. It hopes such regulations will take account of the following matters and that the Government will supply full details.

Article 4 of the Convention. The Committee notes the Government's statement that inspectors are duly qualified. Please give particulars of their qualifications, as requested in the report form approved by the Governing Body.

Article 5(2)(a). The Committee notes that Supreme Decree No. 012-77-SA contains no requirement as to the nutritive value and variety of food and water supplies. Please indicate any measures proposed in this respect. Please also supply a copy of any legislation relating to the registers referred to in the report as specifying the quantities of provisions on board each ship or a model register.

Articles 6, 9 and 10 (and Parts III and V of the report form). The Committee notes from the report that there are annual inspections of the catering department, including the registers which indicate the quantities of food which should be on board. It hopes that the Government will supply copies of the annual inspection reports, which it indicates are being processed, together with information on the powers of inspectors to make recommendations to shipowners and on the practical working of inspection, as requested in the report form.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Further to its previous observation, the Committee notes the Government's reply to the earlier communication of the Maritime Trade Union of Crews in the Service of the Peruvian Steamship Company, referring to certain problems in the hygiene of food and water supplies. The Union had stated in its comments in December 1987 that drinking water tanks were rusty and in a poor condition, not being properly maintained, so that 90 per cent of crews suffered stomach complaints; they also referred to generally poor conditions of hygiene and infestation by vermin. The Government states in its report received February 1990 that the comments of the Union are unfounded. The Government states that appropriate action is always taken under the law - requiring corrective measures and if necessary imposing fines - when such questions arise.

2. The Committee has noted with interest the provisions of Supreme Decree No. 012-77-SA of 1977 concerning the quality and handling of food and water supplies (Article 5(1) of the Convention), and the arrangement of the catering department (Article 5(2)(b)). It is again referring to certain matters in a direct request.