Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Panama (Ratification: 1970)

Articles 7, 8 and 9 of the Convention. Prescribed professional experience. The Committee notes that in reply to its previous comment the Government confirms that the minimum professional experience required by resolution No. 007-2001 of 2 February 2001 of the Maritime Authority of Panama for the issue of a certificate of competency for a skipper, mate or engineer is 12 months. It notes that the Government refers in this respect to the International Convention on Standards of Training, Certification and Watchkeeping of the International Maritime Organization (STCW Convention) and indicates that the certificates of competency of fishers are issued on the basis of the provisions of that Convention. However, the Committee recalls that the STCW Convention is not applicable to fishers, who are covered by a STCW-F Convention, adopted under the auspices of the IMO in 1995, but which has not yet entered into force. In any event, the Committee wishes to emphasize that the ratification of an international treaty by a State does not in any way release it from its obligations under the ILO Conventions to which it is a party. Finally, the Committee draws the Government’s attention to the fact that the new Work in Fishing Convention adopted by the International Labour Conference at its 96th Session (June 2007), does not revise Convention No. 125. The Committee therefore hopes that the Government will adopt the necessary measures in the near future to bring its legislation into conformity with the Convention on this matter and requests it to keep the Committee informed of any new development in this respect.

Articles 11 and 12. Examinations. The Committee notes the Government’s indications that the obligation to sit a written examination with a view to obtaining the grades required to work on board fishing vessels was abolished in 2004, with the competency of the candidate being verified in practice and through experience. The Committee wishes to recall the importance, as emphasized by Article 11 of the Convention, of examinations organized and supervised by the competent authority “for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the corresponding duties”. Article 13 only allows competency certificates to be issued to persons who have not passed an examination, but who have sufficient practical experience of the corresponding duties, during a transitional period of three years. As the transitional period has expired, the Government may no longer have recourse to the flexibility measures envisaged by this provision. The Committee hopes that the Government will rapidly amend its legislation with a view to reintroducing the obligation to sit examinations on the subjects envisaged in Article 11 and, where appropriate, Article 12 of the Convention to obtain the competency certificates of skippers, mates or engineers. The Government is requested to provide all available information on the measures taken in this respect.

Part V of the report form. The Committee notes the statistical data provided by the Government on the number of fishers’ certificates of competency issued since 2001. The Committee requests the Government to continue supplying general information on the manner in which the Convention is applied in practice, and particularly on the number of persons covered by the Convention and the number of certificates of competency in the various categories issued annually.