Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (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.