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

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Panama (Ratification: 1970)

Article 4 of the Convention. Validity of medical certificates. Further to its previous comments, the Committee notes the Government’s indications that the duration of the validity of medical certificates attesting to fitness for work as a fisher is still governed by section 4 of Decree No. 24 of 30 November 1981, under which such validity is six months for fishers under 21 years of age and one year for other fishers. However, it recalls that the model medical certificate which was attached to its previous report indicates a period of validity of two years. The Committee also notes the technical evaluation reports of the maritime labour inspection services, attached to the Government’s report, which make explicit reference to several ILO Conventions, including Convention No. 113. However, it observes that, with regard to medical certificates, the forms refer to Legislative Decree No. 8 of 26 February 1998 issuing regulations governing work at sea and on other navigable waterways, and not the 1981 Decree. The Committee therefore requests the Government to indicate whether it is envisaging modifying the model medical certificate for service on board with a view to indicating a period of validity for the certificate that is in conformity with the provisions of Decree No. 24 of 30 November 1981, and the model technical evaluation report for the maritime labour inspection services with a view to including an explicit reference to that Decree.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the number of workers covered by the Convention, as well as the copies of inspection reports attached to the Government’s report. In view of the broad disparity between the figures provided for 2008 and those for 2009 (1,639 and 253, respectively), it requests the Government to specify whether the data in the table on the number of fishers indicates the total number of fishers covered by Convention No. 113 or the number of newly recruited fishers each year. In general, the Committee requests the Government to continue providing information on the application of the Convention in practice, including an indication of the number of inspections carried out on board fishing vessels, the percentage of cases in which contraventions of the provisions of Convention No. 113 are identified and the measures taken as a result. In so far as possible, the Committee would be grateful if the Government would provide a copy of the list of points to be verified by maritime labour inspectors during inspections on board fishing vessels.

Finally, the Committee understands that the tripartite representatives of Panama participated in a seminar to promote the ratification of the Work in Fishing Convention, 2007 (No. 188), which was organized by the ILO in Rio de Janeiro (Brazil) in August 2009. It requests the Government to keep the Office informed of any measures taken, as a follow-up to the seminar, with a view to the ratification of Convention No. 188, which revises and consolidates most ILO Conventions on work in the fishing sector, including Convention No. 113.