Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Liberia

Convenio sobre la edad mínima (pescadores), 1959 (núm. 112) (Ratificación : 1960)
Convenio sobre el examen médico de los pescadores, 1959 (núm. 113) (Ratificación : 1960)
Convenio sobre el contrato de enrolamiento de los pescadores, 1959 (núm. 114) (Ratificación : 1960)

Previous comment

The Committee notes the Government’s reports on the application of Conventions Nos 112, 113 and 114. The Committee notes with regret that for several years it has requested the Government to provide information on the applicability of existing legislation to fishers. It notes the Government’s indication that Liberian maritime regulations are applicable to fishers only to the extent that the Act creating the National Fisheries and Aquaculture Authority is silent. The Committee notes that the latter does not appear to address the matters covered by the Conventions on fishing.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them in a single comment, as follows.

Impact of the COVID-19 pandemic. The Committee notes that, in reply to its previous comments, the Government indicates that Liberia had less COVID-19 caseload than most of the world; consequently, Liberian fishermen were not victimized by the large-scale lockdowns and were able to sell their products to the local market which they serve. Additionally, fishermen were given personal protective equipment by the National Fisheries and Aquaculture Authority and received training. The Committee takes note of this information.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 1 of the Convention. Scope of application. In its previous comments, the Committee observed that various provisions of the Liberian Maritime Law, RLM-107 (hereinafter the “Maritime Law”) regulating minimum age for working on board Liberian vessels (sections 290 and 326), exclude from their application cases where only members of the same family are employed on board and fishing vessels under a certain tonnage. Noting the Government’s indication that the Maritime Law is applicable to fishing vessels, the Committee recalls that the Convention applies to all fishing vessels irrespective of tonnage or of the fact that only members of the same family are employed on board. The Committee urges the Government to adopt the necessary measures without delay to ensure that the national provisions implementing the Convention apply to all fishing vessels covered by it.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 1 of the Convention. Scope of application. Noting the Government’s information that existing legislation only applies to fishing vessels of 500 tons or more, the Committee requested the Government to adopt the necessary measures to ensure that fishers employed on board fishing vessels of less than 500 tons are subject to the same medical certification requirements in accordance with the Convention. The Committee observes that: (i) the maritime legislation, including Regulation 10.325(3) of the Liberian Maritime Regulations RLM-108 (hereinafter the “Regulations”) on medical certificates of seafarers does not appear to apply to fishers; and (ii) there is no indication of other legislation applicable to fishers which implements the requirements of the Convention. The Committee accordingly requests the Government to take without delay the necessary measures to ensure that the requirements of the Convention are implemented with respect to all fishing vessels as defined under Article 1, irrespective of tonnage, and to transmit copy of any relevant text adopted to that effect.

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

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to explain how effect is given to the provisions of the Convention and to provide clarifications on the application of the existing legislation to fishing vessels. While noting the Government’s general statement on the application to fishers of the maritime regulations, the Committee notes the absence of information on any specific provisions implementing the Convention. Accordingly, the Committee urges the Government to take the necessary measures without delay to give full effect to the Convention and, in this connection, to indicate the relevant provisions of the applicable legislation which give effect to each of the requirements of the Convention.