Fishermen's Competency Certificates Convention, 1966 (No. 125) - Trinidad and Tobago (Ratification: 1972)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Implementing legislation on fishers’ competency certificates. Noting the absence of laws and regulations giving effect to the requirements of the Convention, the Committee urged the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates. The Committee notes the Government’s indication in its report that it seeks to address such issues in the new draft Shipping Bill, which was completed in 2020 and which is presently before a Joint Select Committee of Parliament. The Bill specifically provides at Clause 135 (as presently numbered) for the issuance of Certificates of Competency to all seafarers on all Trinidad and Tobago ships, inclusive of fishing vessels. The Clause further provides for the manner of application, the evidence of experience and training requirements needed for applicants, and the conditions and endorsements issuable by the Maritime Administration upon issue. The Government adds that with the passage of the Bill, this enabling clause shall form the basis upon which regulations implementing the provisions of the Convention can be drafted and formally promulgated. Finally, the Government indicates that upon recent examination of the Bill, it was noted that while provision is made generally for a “master”, that is “a person in command or charge of a ship”, there is no specific reference to a “skipper”, being the term used in the Convention as “a person in charge of a fishing vessel”. In this regard, a recommendation shall be made to the Joint Select Committee of Parliament that the definition of “master” be expanded to include the skipper of a fishing vessel. The Committee notes this information and expects that all necessary measures will be adopted without any further delay to give full effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the relevant provisions once adopted.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Implementing legislation on fishers’ competency certificates. The Committee had noted in its previous comment the absence of laws and regulations giving effect to the requirements of the Convention and had requested the Government to provide a copy of the Safety of Fishing Vessel Regulations which was under preparation. The Committee regrets to note the Government’s indication in its report that the regulations governing all aspects of fishing vessel operations, including fishers’ certificates of competency, are still being developed. The Committee therefore urges once again the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Implementing legislation on fishers’ competency certificates. The Committee had noted in its previous comment the absence of laws and regulations giving effect to the requirements of the Convention and had requested the Government to provide a copy of the Safety of Fishing Vessel Regulations which was under preparation. The Committee regrets to note the Government’s indication in its report that the regulations governing all aspects of fishing vessel operations, including fishers’ certificates of competency, are still being developed. The Committee therefore urges once again the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Implementing legislation on fishers’ competency certificates. The Committee had noted in its previous comment the absence of laws and regulations giving effect to the requirements of the Convention and had requested the Government to provide a copy of the Safety of Fishing Vessel Regulations which was under preparation. The Committee regrets to note the Government’s indication in its report that the regulations governing all aspects of fishing vessel operations, including fishers’ certificates of competency, are still being developed by the Ministry of Works and Transport. The Committee therefore urges the Government to adopt the relevant laws and regulations without delay to give full effect to the requirements of the Convention, in particular those regarding fishers’ minimum age to obtain certificates of competency, professional experience and examinations.

[The Government is asked to reply in full to the present comments in 2019.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4 to 15 of the Convention. Fishermen’s certificates of competency. The Committee recalls that for a considerable number of years it has been commenting on the absence of laws and regulations giving effect to the requirements of the Convention. In its last report, the Government indicates that draft Safety of Fishing Vessel Regulations have been prepared under section 87(1) of the Shipping Act No. 24 of 1987. These regulations, which were expected to be enacted in 2011, will establish, among other matters, standards for the manning of fishing vessels with trained and certified officers. The Committee hopes that upon completion, the new legislation will fully comply with the specific requirements of the Convention regarding fishers’ minimum age, professional experience and examinations so that national legislation and practice be brought at last in line with the certification standards set out in the Convention. The Committee would appreciate receiving a copy of the Safety of Fishing Vessel Regulations once they have been issued.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government in its very brief report indicates that it participated in the activities organized by the International Maritime Organization (IMO) to assist its member States in the implementation of the 1993 Torremolinos Protocol for the Safety of Fishing Vessels and the 1995 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F Convention). It further notes the Government’s indications that it has embarked upon a legislative process with a view to giving effect to Convention No. 125 and the STCW-F Convention. However, the Committee regrets to note that the Government does not indicate any tangible measures to finally give effect to the Convention, almost 40 years after its ratification. It is therefore bound once again to urge the Government to adopt the necessary measures without further delay to ensure the full application of the Convention. The Government is requested to provide information on the results of the activities to promote the implementation of the STCW-F Convention organized by the IMO, in which it participated, and on the progress achieved in the procedure of the adoption of legislation to give effect to Convention No. 125.

[The Government is asked to reply in detail to the present comments in 2010.]

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

The Committee notes with regret that despite its repeated comments, the Government has not taken any concrete steps for the adoption of laws or regulations giving effect to the specific requirements of Parts II (Certification), III (Examinations) and IV (Enforcement measures) of the Convention.

In its last report, the Government is limited to providing statistical data concerning the training courses offered by the Caribbean Fisheries Training and Development Institute in the period 2002–06 and other training activities conducted in collaboration with Japan’s International Cooperation Agency, which bear little relevance with the scope and purpose of this Convention. The Government adds that at the regional level consideration is being given to the acceptance of the 1995 STCW-F Convention, and also that the Caribbean Fisheries Training and Development Institute has begun redesigning its fisheries training programme along the lines of the “FAO/ILO/IMO Document for Guidance on Training and Certification of Fishing Vessel Personnel”, which again is strictly not connected with the implementation of the Convention in either law or practice.

Recalling that in spite of the ratification of the Convention some 35 years ago, the Government has never taken action to ensure full compliance with its provisions, the Committee urges the Government to promptly consider the adoption of those legislative or other measures necessary for the effective application of the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee has been commenting for a number of years on the failure of the Government to take any measures to apply the Convention since its ratification in 1972. The Committee notes with regret that, based on the information contained in the Government’s last report, no progress has been made regarding the adoption of laws and regulations giving effect to the provisions of Parts II (Certification), III (Examinations) and IV (Enforcement measures) of the Convention. The Government refers to the Shipping Act No. 24 of 1987 as partially applicable to the fishing sector but specifies that the ministerial regulations provided for in section 87(1) of the Act regarding the certification of competency of masters, officers and engineers of fishing vessels have not as yet been issued. The Government further indicates that the Caribbean Fisheries Training and Development Institute provides training for personnel in the fishing industry and issues certificates of participation upon the completion of its training programmes.

The Committee hopes that, in the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Government will make every effort, without further delay, to ensure full compliance with the requirements of the Convention in law and in practice. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this respect. The Committee requests the Government to provide general information on the fishing sector including, for instance, up to date statistics on the number of registered fishermen, the type and number of fishing vessels, the activities of the Caribbean Fisheries Training and Development Institute and the number of fishermen trained per year, as well as any other particulars bearing on the manner the Convention is applied in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has been commenting for a number of years on the failure of the Government to take any measures to apply the Convention since its ratification in 1972. The Committee notes with regret that, based on the information contained in the Government’s last report, no progress has been made regarding the adoption of laws and regulations giving effect to the provisions of Parts II (Certification), III (Examinations) and IV (Enforcement measures) of the Convention. The Government refers to the Shipping Act No. 24 of 1987 as partially applicable to the fishing sector but specifies that the ministerial regulations provided for in section 87(1) of the Act regarding the certification of competency of masters, officers and engineers of fishing vessels have not as yet been issued. The Government further indicates that the Caribbean Fisheries Training and Development Institute provides training for personnel in the fishing industry and issues certificates of participation upon the completion of its training programmes.

The Committee hopes that, in the interest of maintaining a meaningful dialogue with the supervisory organs of the ILO, the Government will make every effort, without further delay, to ensure full compliance with the requirements of the Convention in law and in practice. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this respect. The Committee requests the Government to provide general information on the fishing sector including, for instance, up-to-date statistics on the number of registered fishermen, the type and number of fishing vessels, the activities of the Caribbean Fisheries Training and Development Institute and the number of fishermen trained per year, as well as any other particulars bearing on the manner the Convention is applied in practice.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its earlier comments, the Committee notes again that no legislation has yet been adopted to give full effect to Parts II, III and IV of the Convention. The Committee hopes that the Government will soon be in a position to indicate the measures taken to ensure that national legislation and practice are consistent with its commitments made by ratifying the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its earlier comments, the Committee notes again that no legislation has yet been adopted to give full effect to Parts II, III and IV of the Convention. The Committee hopes that the Government will soon be in a position to indicate the measures taken to ensure that national legislation and practice are consistent with its commitments made by ratifying the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous observations, the Committee notes from the Government's latest report that the drafting of regulations under section 87 of the Shipping Act (No. 24 of 1987) has been actively engaging the attention of the Minister of Works, Infrastructure and Decentralisation. It notes with interest that, in the continuing absence of legislation to give effect to the Convention, the Government is positively exploring, with the relevant agencies, the Committee's suggestion of the possibility of requesting appropriate assistance from the ILO in drafting regulations. It hopes progress will be made soon and that the Government will provide details.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous observations, the Committee notes that the Government's report has not been received. In the absence of legislation to give effect to Parts II, III, and IV of the Convention, the Committee would encourage the Government to consider the possibility of requesting appropriate assistance from the ILO in drafting regulations to be made by the Minister under section 87 of the Shipping Act (No. 24 of 1987).

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous observation, the Committee notes with interest that, following discussions with IMO officials in 1986, a new Shipping Act (No. 24 of 1987) has been proclaimed. The Committee also notes that certain fishing and safety training has commenced in the Caribbean Fisheries Institute, following IMO assistance. However, it again observes that no legislation has yet been enacted to give effect to Parts II, III and IV of the Convention. In this light, the Committee hopes that the necessary regulations will soon be made by the Minister under section 87 of the new Act, and that the next report will include details.

[The Government is asked to report in detail for the period ending 30 June 1990.]