Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Panama

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 (Ratification: 1970)
Convention (n° 125) sur les brevets de capacité des pêcheurs, 1966 (Ratification: 1970)
Convention (n° 126) sur le logement à bord des bateaux de pêche, 1966 (Ratification: 1971)

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.