Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Maritime Labour Convention, 2006 (MLC, 2006) - Panama (Ratification: 2009)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), as well as the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2024. It also notes that the amendments to the Code, approved by the International Labour Conference in 2016 and 2018, entered into force for Panama on 8 January 2019 and 26 December 2020, respectively. The amendments approved in 2022 will enter into force for Panama on 23 December 2024.

Article II, paragraphs 1(f) and (i), 3 and 5 of the Convention. Definition and scope of application. Seafarers and ships. National determinations. 1. Technical personnel on offshore drilling platforms or Mobile Offshore Drilling Units (MODUs). The Committee notes that, in response to its comments, the Government indicates that, during the tripartite consultations that led to the adoption of the national legislation regulating the MLC, 2006, it was determined by consensus that technical personnel specializing in offshore drilling platforms or MODUs would not be considered seafarers because the nature of their work is not part of the routine business of the ship (section 3 of Executive Decree No. 86 of 2013). This occurred with due regard for the provisions of the Convention and the Resolution concerning information on occupational groups (Resolution VII of the 94th (Maritime) Session of the International Labour Conference). The Government also indicates that it takes into account the Committee’s comments that platforms are subject to certification when they fall within the cases specified in Regulation 5.1.3. The Committee requests the Government to provide information on how the protection enjoyed by persons working on board these units in respect of their working conditions is comparable to the protection afforded by the Convention.

2. Cadets. The Committee notes that, in response to its comments, the Government indicates that, as a result of the hard work of the universities in conjunction with the Panama Maritime Authority, there is no longer a waiting list for students to obtain on-board training to obtain their certification. The Committee also notes the Government’s indication that it will analyse and evaluate the possible application of Article VI, paragraph 3, with respect to substantial equivalent measures applicable to cadets. Recalling once again that cadets are seafarers for the purpose of the Convention, the Committee requests the Government to adopt the necessary measures without delay to ensure that cadets are regarded as seafarers and that they enjoy the protection provided for by the Convention.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that the Government indicates that, further to its comments, it has requested the amendment of section 73 of Executive Decree No. 86 of 2013 to ensure its conformity with Standard A2.3, paragraph 13. The Government also indicates that it undertakes to provide a copy of the legal text amending Executive Decree No. 86 of 2013 once it has been adopted, which is expected to take place in the near future due to the fact that the same amendment process envisages bringing the national legislation into conformity with the new regulations that gave rise to the 2022 amendments to the Code of the Convention. The Committee notes the Government’s indication that, to date, it has not authorized collective agreements authorizing exceptions to the restrictions under Standard A2.3, paragraph 13. The Committee notes this information and requests the Government to provide a copy of the legal text amending section 73 of Executive Decree No. 86 of 2013 in accordance with Standard A2.3, paragraph 13, as soon as it has been adopted.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes with satisfaction that, in response to its comments, the Government indicates that section 96 of Executive Decree No. 86 of 2013 was amended by means of Executive Decree No. 160 of 3 March 2021, eliminating the possibility of seafarers losing the right to be repatriated when they sign a new employment agreement with the same shipowner and establishing that seafarers shall only lose their right to be repatriated in the event of voluntary and permanent abandonment of the ship without authorization from the shipowner. The Committee notes this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum duration of service periods on board. The Committee notes that, in response to its comments, the Government indicates that compliance with the maximum period of service on board is ensured. The Committee notes with satisfaction that the Government indicates that the possibility of extending the maximum duration of a seafarers’ employment agreement by six months by agreement between the parties was removed from Merchant Marine Circular 262 in 2020, in accordance with the provisions of the Convention. The Committee takes note of this information which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes with interest that, in response to its comments, the Government refers to Executive Decree No. 160 of 2021 amending Executive Decree No. 86 of 2013 (sections 88 et seq.) implementing the requirements of Standard A2.5.2. The Government also indicates that the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee further notes the Government’s indication that cases of abandonment of seafarers in Panamanian territory (foreign-flagged ships) have been very rare; however, when a case has arisen requiring the intervention of the competent authority, the latter has responded affirmatively and acted in accordance with all the existing mechanisms to facilitate the repatriation of the abandoned seafarers. In cases where the facilitation of repatriation to Panama as the flag State has been requested, the competent authority has arranged, executed and paid for the repatriation of the seafarers as soon as possible. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee notes the Government’s indication that a detailed list of the exemptions and/or waivers granted with respect to Regulation 3.1 of the Convention is being prepared. The Government adds that: (i) exemptions are limited to the cases and conditions provided for in Standard A3.1, paragraphs 20 and 21, of the Convention and based on the provisions of section 154 of Executive Decree No. 86 of 2013; and (ii) waivers are issued only on the basis of Part B of the Code. Noting this information, the Committee requests the Government to provide the Office with the list of the exemptions and/or waivers that have been granted with respect to Regulation 3.1.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes with interest that, in response to its comments, the Government refers to Executive Decree No. 160 of 2021 amending Executive Decree No. 86 of 2013 (sections 172 et seq.) implementing the requirements of Standard A4.2.1, paragraphs 8 to 14. With regard to Standard A4.2.2, paragraph 3, the Government indicates that contractual claims relating to the payment of compensation should be dealt with by the judicial bodies established for that purpose. As a prior administrative alternative, the national legislation provides for prompt and fair administrative procedures for labour complaints, in which the competent authority intervenes in accordance with the national legislation. The Committee takes note of this information which addresses its previous request.

Regulation 4.3, paragraph 2. Safety and health protection and accident prevention. National guidelines. The Committee notes that, in response to its comments, the Government indicates that it is in the process of preparing, through the competent authority, draft national guidelines for the management of occupational safety and health on board ships flying the Panamanian flag, which will be submitted for consultation at the national level. While noting this information, the Committee requests the Government to provide a copy of the national guidelines as soon as they have been adopted.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that, in response to its comments, the Government indicates that to date it has not designated ports in accordance with section 193 of Executive Decree No. 86 of 2013 and that the project that had been initiated to develop a welfare facility in the city of Colón could not be implemented due to factors that prevented the property from being awarded. However, the Government indicates that welfare boards of seafarers’ and shipowners’ organizations represented in Panama have been established and that since 2023, they have been set up to work with the Government. Moreover, the representative seafarers’ and shipowners’ organizations (the International Transport Workers’ Federation (ITF), the Mission to Seafarers, the National College of Seafarers, the Merchant Marine Officers’ Association, the Deutsche Seemannsmission and, for the shipowners, the Maritime Chamber of Panama) are working together with the Government to develop legislation that includes a legal framework for the establishment of welfare boards. The Committee notes that CONUSI indicates that it has not identified any shore-based welfare services for seafarers in accordance with the Convention, and that the Government has failed to establish a seafarers’ welfare centre in the Atlantic region, as previously committed. The Committee requests the Government to provide its comments in this regard. It also requests the Government to inform the Office of any developments regarding the establishment of shore-based welfare facilities and the regulation and functioning of welfare boards.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that, in response to its comments, the Government indicates that it provides seafarers who are ordinarily resident in the national territory and employed on ships engaged in international voyages with access to social security to the extent that national circumstances have allowed to date. The Government also adds that, despite the delicate situation of the social security systems in the region, seafarers’ organizations have joined the efforts of the competent authority, together with the Ministry of Labour and Labour Development, to achieve full social security coverage for seafarers. In this context, the Social Security Fund is currently collecting information from seafarers so that it can conduct an actuarial study with a view to establishing a pension fund for seafarers and provide coverage for occupational risks. The Government clarifies that this work has been delayed due to various factors, including the large financial deficits of the institution. While noting this information, the Committee once again recalls that Standard A4.5, paragraph 3, refers to the coverage of all seafarers ordinarily resident in the Member’s territory, irrespective of whether these seafarers work on board ships engaged in domestic or international voyages and irrespective of the flag flown by these ships. The Committee requests the Government to take the necessary measures without delay to give full effect to Standard A4.5, paragraph 3, and to provide information on any measures taken in this regard.

The Committee notes that CONUSI indicates that, according to the Social Security Fund and the maritime sector organizations, the Government has not regulated the payment of social security for Panamanian and/or foreign crew members on vessels flagged under Panamanian regulations. The Committee requests the Government to provide its comments in this regard.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that, in response to its comments, the Government refers to the resolution of the Directorate of the Merchant Marine describing the duties and powers of port State inspectors to give effect to Standard A5.2.1, which will be forwarded to the Office once adopted. The draft resolution also regulates the procedure for the port State inspector to process shore-based complaints. In the absence of progress on this issue, the Committee requests the Government to take the necessary measures without delay to adopt a legal text giving effect to Regulation 5.2 and the Code and to provide a copy of this text as soon as it is adopted.