Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 6 of the Convention. Minimum age. The Committee notes that Resolution No. 008-2001 of 12 February 2001 of the Panama Maritime Authority establishes rules for the issue of certificates of competency for seafarers performing their duties in waters under Panamanian jurisdiction. It notes that sections 5 and 12 of this Resolution establish the minimum age for performing the duties of skipper or engineer on board a fishing vessel at 18 years, although the Convention prescribes a minimum age of 20 years for the performance of these duties. The Committee notes the Government’s indications that the Panama Maritime Authority has embarked upon a process of revising the regulations that are in force and hopes that in the context of this process it will be ensured that the national legislation is brought into conformity with the Convention on this point. It requests the Government to provide information on any development in this respect.

Articles 7, 8 and 9. Prescribed minimum professional experience. The Committee notes that Resolution No. 007-2001 of 12 February 2001 of the Panama Maritime Authority, to which it referred in its previous comment, was repealed by Resolution 023-2001 of 5 December 2001. It notes that Resolution No. 008-2001 of 12 February 2001 regulates the conditions for the issue of certificates for fishers for vessels sailing in the territorial waters of Panama. The Committee also notes that section 5 of this Resolution prescribes a minimum experience of 12 months as a sea fisher to be able to perform the duties of skipper on a fishing vessel of a maximum of 12 metres in length, with this requirement being raised to 24 months by section 6 for vessels of over 12 metres in length. Furthermore, for the duties of engineer, section 12 of the Resolution requires 24 months’ service in the engine-room. The Committee recalls that, under the terms of Article 8(1) of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. It further recalls that Article 9(1) of the Convention requires a minimum professional experience of three years’ sea service in the engine-room for the issue of an engineer’s certificate of competency. The Committee notes the Government’s indications that the Panama Maritime Authority sees no objection to harmonizing the requirements relating to the minimum professional experience prescribed with those of the Convention in the context of the current process of reviewing the regulations that has been launched. It requests the Government to keep the Office informed of the progress achieved in this revision process. The Committee also requests the Government to indicate the legal requirements for the performance of the duties of mate on a fishing vessel sailing in Panamanian territorial waters.

With regard to fishing vessels flying the Panamanian flag, but sailing outside of Panamanian territorial waters, the Committee observes that Resolution No. 023-2001 of 5 December 2001, which refers explicitly to Convention No. 125 and applies to vessels flying the Panamanian flag that are not governed by the STCW 78/95 Convention of the International Maritime Organization, which include fishing vessels, does not contain detailed provisions on the conditions for the issue of certificates of competency for fishers. The only relevant provisions in this respect are section 20 of the Resolution, which enumerates the official titles of the various positions on board fishing vessels, and section 21, which determines the conditions applicable when an applicant for one of these positions does not have a valid qualification issued by a country on the white list or issued by a trading centre meeting a number of requirements. The Committee therefore requests the Government to specify whether other provisions regulate the conditions for the issue of certificates of competency for skippers, mates and engineers on board fishing vessels flying the Panamanian flag but which sail outside of Panamanian territorial waters, in accordance with the requirements of the Convention and, if so, to provide copies of the relevant texts.

Articles 11 and 12. Examinations. The Committee notes that, in reply to its previous comment on this point, the Government confirms in its report that the national legislation does not establish a requirement for seafarers (including fishers) to sit written examinations to obtain a certificate of competency, with the exception of those who are not in possession of a valid qualification issued by a country appearing on the white list and issued by a trading centre meeting a number of requirements, as required by section 6 of Resolution 023-2001 of 5 December 2001. It also notes the Government’s indications that two pilot projects on processes to assess maritime competency, including the fishing sector, are currently being implemented. It notes that the Government then plans to establish a system of examinations in accordance with the requirements of Article 11 of the Convention. The Committee requests the Government to provide information on the results of the implementation of the pilot projects and on any developments relating to the establishment of a system of examinations intended to test the qualifications of candidates for certificates for skippers, mates and engineers on board fishing vessels.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of workers and fishing vessels covered by the Convention. In view of the significant discrepancy between the data provided for 2008 and those for 2009 (1,639 and 253, respectively), it requests the Government to indicate whether the data contained in the table on the number of fishers indicate the total number of fishers covered by Convention No. 125 or the number of newly recruited fishers each year. The Committee also notes the model inspection reports attached to the Government’s report which make explicit reference to several ILO Conventions, including Convention No. 125, and the indications concerning the measures adopted to resolve the contraventions identified. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including further details on the number of inspections carried out each year on board fishing vessels and the percentage of cases in which violations of the provisions of Convention No. 125 were identified. The Committee would also be grateful if the Government would provide a copy of the list of points that maritime labour inspectors have to verify during inspections carried out on board fishing vessels.