Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Panama (Ratification: 1970)

The Committee notes the information provided in the Government’s report. It would, however, like to receive further information on the following points.

Article 4 of the Convention. Non-departure from the rules as to jurisdiction over the agreement. The Committee notes that Legislative Decree No. 8 of 26 February 1998 issuing the regulations for work at sea and on inland waterways contains no provisions on measures taken to ensure that the agreement does not include any stipulation by which it is contracted to depart from the ordinary rules as to jurisdiction. The Committee also notes the information previously provided by the Government concerning Article 4 of the Convention, which indicated that the relevant measures would be taken so that the Maritime Affairs Department would carry out a prior review of labour contracts. The Committee asks the Government to keep it informed of any developments in this area and to specify the provisions, if any, that give effect to this provision of the Convention.

Article 5. Keeping and making available records of employment. The Committee notes that under section 6 of Legislative Decree No. 8 of 26 February 1998, the Maritime Authority of Panama (AMP) issues a seafarer’s booklet to crew members. It also notes the Government’s indication that the results of checks on fishers’ records of employment, carried out by the captain on board fishing vessels, are noted in the Seaman’s Book. The Committee asks the Government to provide a copy of a model seafarer’s booklet issued by the maritime authority and a copy of the seafarer’s book containing the records of employment of fishers on board fishing vessels.

Article 8. Information as to the conditions of employment on board fishing vessels. The Committee notes that Legislative Decree No. 8 of 26 February 1998 contains no provisions on measures taken to enable clear information to be obtained on board by the fisher as to the conditions of employment. The Committee also notes the Government’s indication in a previous report, that the Maritime Affairs Department would prepare the relevant regulations. The Committee asks the Government to indicate whether these regulations have been adopted and, if so, to provide a copy of them in its next report.

Part V of the report form. The Committee notes the statistical information provided by the Government, according to which 848 new fishermen’s articles of agreement were registered between 2003 and 2006. The Committee asks the Government to continue providing general information, including, for instance, statistical data on the number of workers protected by the measures giving effect to the Convention; details of the number and tonnage of the fishing vessels in operation which are covered by the Convention; inspection reports detailing the number and nature of violations reported; relevant documents or studies by the AMP; or any other information that would allow the Committee to assess the manner in which the Convention is applied in practice in the country.