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

Minimum Age (Fishermen) Convention, 1959 (No. 112) - Peru (Ratification: 1962)

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.