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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Governments’ reports on the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114).

Article 8 of the Convention. Information as to the conditions of employment on board. The Committee, in its previous comments, requested the Government to indicate the measures taken to ensure that fishers can obtain clear information on board concerning their conditions of employment, in conformity with Article 8 of the Convention. The Committee notes in this regard the Government’s indication that: (a) the inspectors of the Panama Maritime Authority verify that fishers have a copy of their work agreement thereby ensuring that they can obtain clear information on board as to the conditions of employment; and (b) under section 100 of Legislative Decree No. 8 of 26 February 1998, these agreements should include information, among others, on the duration, voyage, working conditions, wages and termination of the agreement.

Fishermen’s Competency Certificates Convention, 1966 (No. 125).

Articles 6, 7, 8, 9, 11 and 12 of the Convention. Minimum age, minimum professional experience, examinations. The Committee in its previous comment recalled that it had been drawing the Government’s attention for several years on the failure of the national legislation to give effect to specific requirements of the Convention. In this regard, it noted that Resolution No. 008-2001 of 12 February 2001 of the Panama Maritime Authority on the rules for the issue of certificates of competency for seafarers was not in compliance with the minimum competency requirements established by the Convention, in particular: it set a lower minimum age for performing the duties of skippers or engineers on board a fishing vessel; it prescribed a lower minimum professional experience for skippers and engineers of fishing vessels; and finally it did not fully regulate the examinations for certificates of competency. The Committee had therefore requested the Government to adopt the necessary measures to bring national legislation into full compliance with the requirements of the Convention and to provide a copy of the text amending Resolution No. 008-2001, once adopted. The Committee notes that the Government indicates that this resolution is being amended by the General Directorate of Seafarers (DGS) of the Panama Maritime Authority to include the specific requirements of the Convention, and for this reason it hopes to be able to transmit soon a copy of the approved resolution to the Office. The Committee requests the Government to provide information of the developments and transmit a copy of the resolution once adopted.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126).

Article 3(2)(c) of the Convention. Implementing legislation. System of inspection. The Committee in its previous comment had requested the Government to provide a copy of the new crew accommodation inspection report form for fishing vessels, which was under review, in order to better reflect the requirements of Articles 6(2), 9(5), 10(2), 10(26) and 13 of the Convention. The Committee notes the Government’s indication that the new inspection report form has not yet been approved by the Panama Maritime Authority. The Committee requests the Government to take the necessary measures to give full effect to the Convention and to provide a copy of the new crew accommodation inspection report form for fishing vessels once approved.

Article 10(8). Exceptions to the requirements of maximum number of persons per sleeping room. The Committee had raised concerns on section 15 of Resolution No. 011-2005 of 26 July 2005 regulating the issuance of the certificates of inspection of crew accommodation (CICA), under which the Directorate General of Seafarers (DGS) was allowed to issue exemption or dispensation letters granting waivers to the application of some provisions of the Convention. It therefore requested the Government to explain further the exact conditions under which, and the limits within which, exemptions could be granted, as well as to provide a copy of any exemption or dispensation letters that might have been issued by the DGS. The Committee notes the Government’s explanation that exemptions can be granted only when allowed by the Convention itself as, for example, Article 10(8), which allows the competent authority to permit exceptions to the requirements of Article 10(6) and (7) (on the maximum number of persons per sleeping room) in particular cases if the size, type or intended service of the vessel make these requirements unreasonable or impracticable. The Government further clarifies that exemptions have a maximum duration of four years, which corresponds to the validity of a CICA. According to the Government, the exemption, once granted, should be both mentioned in, and the corresponding certificate attached to, the CICA, as shown in the two samples annexed to the report – which reflect the only two exemptions granted by the Panama Maritime Authority during the reporting period. The Government clarifies that no dispensation were granted to fishing vessels during the reporting period and, in any event, dispensation that could be granted under the abovementioned Resolution No. 011-2005 would allow vessels to navigate with an expired CICA only for a maximum period of six months. The Committee takes note of this information and requests the Government to keep the Office informed of any further exemption or dispensation letters granted by the Panama Maritime Authority.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6, 7, 8, 9, 11 and 12 of the Convention. Minimum age –Professional experience – Examinations. The Committee has been drawing the Government’s attention for several years on the failure of the national legislation to give effect to specific requirements of the Convention. More concretely, the Committee has noted that Resolution No. 008-2001 of 12 February 2001, sets the minimum age for performing the duties of skipper or engineer on board a fishing vessel at 18 years, which is inconsistent with Article 6(1) of the Convention. In addition, the Committee has noted that the same Resolution prescribes a minimum professional experience for skippers and engineers of fishing vessels which is lower than that required by the Convention. Finally, the Committee has commented on the absence of any legal requirement to sit written examinations in order 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 training centre meeting certain requirements, in accordance with Resolution No. 023-2001 of 5 December 2001. With respect to all these issues, the Government has indicated its intention to revise the regulations in force so as to fully harmonize its legislation with the requirements of the Convention. In its last report, the Government limits itself to stating that Resolution No. 008-2001 is being revised and that the two pilot projects on processes to assess maritime competency, to which reference was made in its previous report, are still at the preliminary study stage. The Committee hopes that the Government will take the necessary measures without further delay in order to bring the national legislation into full compliance with the requirements of the Convention. In addition, the Committee requests the Government to provide a copy of the text amending Resolution No. 008-2001 once it is adopted.

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

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.

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

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.

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

Articles 7, 8 and 9 of the Convention. The Committee recalls that under these provisions of the Convention the minimum professional experience prescribed by national laws or regulations for the issuance of a mate’s certificate of competency shall be not less than three years’ service engaged in deck duties; for the issuance of a skipper’s certificate of competency not less than four years’ sea service engaged in deck duties; and for the issuance of an engineer’s certificate of competency not less than three years’ sea service in the engine room. It notes that section 20 of resolution No. 007-2001 of the Maritime Authority of Panama of 12 February 2001 prescribes the following ranks of personnel working on board fishing vessels: (i) master fishing vessel; (ii) first deck officer fishing vessel; (iii) second deck officer fishing vessel; (iv) chief engineer officer fishing vessel; (v) first engineer officer fishing vessel; and (vi) second engineer officer fishing vessel. It further notes that the minimum professional experience prescribed by section 21 of this resolution for obtaining any of these ranks is 12 months. The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made in this respect.

Articles 11 and 12. The Committee asks the Government to clarify whether successful passing of the examination prescribed by the Directorate General of Seafarers (section 6 of resolution No. 007-2001) is a mandatory condition for obtaining ranks of personnel working on board fishing vessels or whether such ranks could be obtained without passing this examination.

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

In its previous reports, the Government indicated that it had not been possible to devote the necessary attention to the Committee's comments concerning the requirements of Articles 6, 7, 8 and 9 of the Convention, since it had concentrated its efforts on issues relating to draft legislation to regulate employment at sea and on inland waterways. The Government had also informed the Committee that this legislation was to include provisions on fishing boats and coastal vessels. The Committee notes with regret that Legislative Decree No. 8 regulating employment at sea and on inland waterways and containing other provisions does not contain provisions on the requirements already referred to in respect of the minimum age and experience for the issuance of competency certificates for different categories of fishermen.

The Committee also notes the information provided by the Government in its report for the period ending on 15 October 1996 according to which national legislation does not contain any training standards for skippers and mates of fishing vessels, nor does it provide for a system of examinations for granting competency certificates in accordance with Article 4.

The Committee observes that section 10 of the Legislative Decree in question stipulates that it is the responsibility of the Panama Maritime Authority to determine the subclassifications of crew members on the basis of experience, training, type of vessel, type of waterway and propulsion, in accordance with national laws and international Conventions ratified by Panama. The Committee trusts that the Government will provide information in the near future on the measures taken or envisaged to ensure that this legislation complies with the commitments it has accepted by ratifying the Convention, and that it will pay particular attention to the application of Articles 4, 6, 7, 8 and 9. The Committee also requests the Government to indicate any progress made in this area and to provide a copy of the new legislation once it is adopted.

The Committee also takes note of the information provided by the Government in its report for the period ending on 15 October 1996 to the effect that no examinations of the type referred to in Article 11 are organized for the purpose of awarding skippers' and mates' certificates, although there is a system of direct validation, but also indicates that examinations of the type referred to in Article 12 are held. The Committee requests the Government to provide more detailed information on the system of direct validation and the manner in which Article 12 of the Convention is applied.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's indication in its most recent report that it has concentrated its efforts on the draft legislation to regulate employment at sea and on inland waterways, and consequently, has been unable to give due consideration to the Committee's previous comments on the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee notes that this draft legislation does not appear to contain any provisions on minimum age and experience for the issuance of competency certificates as prescribed by these Articles. The Committee hopes the Government will take the necessary measures to put the national legislation and the practice regarding these points into conformity with the provisions of the Convention. It trusts the requirements of the technical cooperation project on minimum age and experience (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) will not be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention.

Furthermore, the Committee once again notes that the Office's advisory services continue to be at the Government's disposal with regard to any draft legislation produced as a result of the project noted above, in order to ensure that the necessary measures are taken to give full effect to the Convention. It also reiterates its request to the Government to provide full details in its next report, on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's indication in its most recent report that it has concentrated its efforts on the draft legislation to regulate employment at sea and on inland waterways, and consequently, has been unable to give due consideration to the Committee's previous comments on the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee notes that this draft legislation does not appear to contain any provisions on minimum age and experience for the issuance of competency certificates as prescribed by these Articles. The Committee hopes the Government will take the necessary measures to put the national legislation and the practice regarding these points into conformity with the provisions of the Convention. It trusts the requirements of the technical cooperation project on minimum age and experience (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) will not be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention.

Furthermore, the Committee once again notes that the Office's advisory services continue to be at the Government's disposal with regard to any draft legislation produced as a result of the project noted above, in order to ensure that the necessary measures are taken to give full effect to the Convention. It also reiterates its request to the Government to provide full details in its next report, on any progress achieved in this respect.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government has transmitted to the Directorate General of Consular and Maritime Affairs the contents of its previous comments for necessary action. It trusts that the requirements of the technical cooperation project (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) as to minimum age and experience will no longer be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee again notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project, in order to ensure that the necessary measures are taken to apply the Convention. It urges the Government to include full details of further developments in its next report.

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

The Committee notes that the Government has transmitted to the Directorate General of Consular and Maritime Affairs the contents of its previous comments for necessary action. It trusts that the requirements of the technical cooperation project (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) as to minimum age and experience will no longer be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee again notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project, in order to ensure that the necessary measures are taken to apply the Convention. It urges the Government to include full details of further developments in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with interest that a technical co-operation project (UNDP/IMO-PAN/86/008) is aiming to set up a system of practical training and examinations on safety and health on board ship, and in particular take account of the present Convention's requirements. The Committee has also noted, however, that some of the proposals in the project document as to the minimum age and experience for certification are inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee hopes that the project will not fail to give full weight to these requirements and that progress will soon be made in ensuring the application of the Convention. It notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project. The Committee trusts that the Government will include full details of further developments in its next report.