REPORT Nº 86/01
CASE 12.319
NATIONAL FEDERATION OF MARITIME AND PORT
WORKERS OF PERU (FEMAPOR)
FÉLIX CAMPOS CAIPO, SERGIO VALDIVIA AYALA, ASISCLO CHINAPRO FERNÁNDEZ, VÍCTOR
BRICEÑO MIRANDA AND OTHERS
4.101 MARITIME AND RIVER WORKERS
PERU
October 10, 2001
I.

SUMMARY

1.
On November 10, 1998, the Inter-American Commission on Human Rights
(hereinafter “Inter-American Commission,” “Commission,” or “IACHR”) received a petition
lodged by the National Federation of Maritime and Port Workers of Peru (FEMAPOR)
(hereinafter “petitioner”) against the Republic of Peru (hereinafter “Peru,” “Peruvian State,”
or “State”). The petitioner alleges that the Peruvian State has failed to comply with the
decision of the Supreme Court of the Republic dated February 12, 1992. The petitioner
maintains that this noncompliance constitutes a violation by Peru of the human rights of the
Maritime and Port Workers of Peru and their family members.
2.

The State has not questioned the admissibility of the petition.

3.
Pursuant to the provisions of Articles 46 and 47 of the American Convention on
Human Rights (hereinafter referred to as “American Convention” or “Convention”), the IACHR
decided to admit the petition, insofar as possible violations of Articles 1(1) and 25(2)(c) of
the American Convention are concerned. The Commission further decided to notify the parties
of this decision, and to publish it and include it in its Annual Report to the OAS General
Assembly.
II.

PROCEDURES OF THE COMMISSION

4.
The IACHR received the petition on November 10, 1998. On December 17,
1999, the petitioner submitted the additional information requested by the Commission. On
August 17, 2000, the IACHR transmitted the relevant parts of the complaint to the Peruvian
State and asked it to submit information within a period of 90 days. On April 23, 2001, the
IACHR made itself available to the parties to initiate a friendly settlement procedure.
5.
On May 18, 2001, the Commission reiterated its request to the State for
information. On June 25, 2001, the State submitted its response.
III.

POSITION OF THE PARTIES

A.

Position of the petitioner

6.
Petitioner states that up to March 11, 1991, the approximately 4,106 maritime
workers, who are organized locally into unions and affiliated nationally with FEMAPOR, were
working on a rotation basis, according to the pertinent legal provisions. In this way, they
assured that the various port jobs were performed exclusively by those workers, who were
duly registered with their unions at each port and were working for many different employers,
including maritime agencies, shipping companies, and the National Ports Company [Empresa
Nacional de Puertos], and administered by the Maritime Labor Control Commission, [Comisión

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