CMNT_TITLE

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Peru (RATIFICATION: 1962)

Other comments on C055

Observation

Direct Request

2018
2011
1992

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Article 6 of the Convention. Repatriation. Recalling that the shipowner’s obligation to defray the expense of repatriating a sick or injured seafarer who is landed during the voyage in consequence of sickness or injury is now reflected in Standard A2.5(1)(c) of the Maritime Labour Convention, 2006 (MLC, 2006), to be read in conjunction with Guideline B2.5.1(1)(b)(i), the Committee requests the Government to indicate the legal provisions giving effect to the requirements of this Article of the Convention, in particular those relating to the specific destinations to which the seafarer may be repatriated and the items of expense covered. The Committee also requests the Government to refer to the comments made in 2010 under the Repatriation of Seamen Convention, 1926 (No. 23).

Article 8. Safeguarding property left on board. The Committee notes that under section E-010609 of Supreme Decree No. 028-DE/MGP of 25 May 2001, the ship’s master has to secure the belongings left on board by deceased persons. However, the Committee recalls that the Convention requires measures to be taken for safeguarding the property left on board by sick or injured seafarers as well. Recalling that the same requirement has been incorporated in Standard A4.2(7) of the MLC, 2006, with the additional obligation to return the property left on board by sick, injured or deceased seafarers to their next of kin, the Committee requests the Government to take measures in order to fully align its legislation with the Convention on this point.

Part V of the report form. Practical application. The Committee notes the information provided by the Government in its report regarding the number of inspections carried out during the period 2009–10 with respect to the supplementary insurance for hazardous occupational activities (SCTR). The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the number of seafarers to whom the Convention applies and who have benefited from medical care and maintenance, distinguishing, if possible, between those left ashore in the national territory and those landed elsewhere; the amounts paid by shipowners and the social security institution for sick, injured or deceased seafarers; copies of collective agreements containing provisions related to the Convention; and relevant extracts from activity reports of the Social Security Health Insurance (EsSalud) and of the National Directorate of Labour Inspection.

Finally, the Committee recalls that most of the provisions of the Convention have been incorporated in Regulation 4.5 and the corresponding Code of the MLC, 2006 and therefore ensuring compliance with Convention No. 55 would facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.