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

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

The Committee notes the Government’s reports on the Conventions relating to fishing. It also notes the observations of the National Confederation of United Independent Unions (CONUSI) in relation to Convention No. 113, received on 30 August. In order to provide a comprehensive view of the issues relating to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

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

The Committee notes that CONUSI indicates that, like seafarers’ pensions, the issue of medical examinations for fishers was addressed in a tripartite dialogue, and that this issue was included in a consensus document that was blocked by the Panama Maritime Authority when it was presented to the Cabinet Council. This has resulted in a lack of adequate regulation protecting the rights of this group of workers. The Committee requests the Government to provide its comments in this regard.

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 noted that Resolution No. 008-2001 of 12 February 2001 of the Panama Maritime Authority on the rules for the issuance of certificates of competency for seafarers, which was not in compliance with several requirements of the Convention, was being amended. The Committee notes with interest that, in response to its comments, the Government provides a copy of J.D. Resolution No. 053-2018 of 19 December 2018, which approves the minimum requirements for the issuance of certificates of competency for seafarers working on board ships under the Panamanian flag, including fishing vessels. Section three of this Resolution authorizes the General Directorate of Seafarers (DGMM) of the Panama Maritime Authority to determine the applicable technical and administrative requirements in relation to licence fees for seafarers. The Government also provides a copy of Circular No. DGGM-041, which determines the requirements for the issuance of technical documentation for seafarers to work on board ships under the Panamanian flag, including fishing vessels. The Committee takes note of this information.

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

Article 3(2)(c) of the Convention. Laws or regulations which ensure application. System of inspection. The Committee notes that, in response to its comments, the Government provides a copy of the inspection form for international fishing vessels, which includes a section on accommodation, recreational facilities, food and catering. The Government also provides a copy of J.D. Resolution No. 045-2021 of 29 June 2021, which approves the regulations for the issuance of the certificate of inspection of crew accommodation (CICA), exemption, dispensation and authorizations for ships registered in Panama, including the fishing vessels covered by this Convention, and repeals J.D. Resolution No. 011-2005 of 26 July 2005. The Committee takes note of this information.

Article 10(8). Exceptions to the requirement of a number of persons allowed to occupy sleeping rooms. The Committee notes that, in response to its comments, the Government indicates that four exemptions to Article 10(6) were issued between 2019 and 2024. The exemptions have a duration of four years, which corresponds to the validity of the CICA. The Government also reports that to date no dispensations have been granted to fishing vessels during the reporting period. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Validity of medical certificates. Further to its previous comment, the Committee notes that the medical certificates of seafarers are regulated by Legislative Decree No. 8 of 26 February 1998 and ADM Resolution No. 054-2007 of 26 February 2007. It notes that, under section 5 of the Resolution, the validity of the medical certificate is one year for seafarers under 18 years of age, and two years for the others. However, the Committee draws the Government’s attention to the fact that, in accordance with Article 4(1) of the Convention, the period of validity of the medical certificate for fishers under 21 years of age may not exceed one year. Recalling that Panama remains bound by the provisions of Convention No. 113 until the Work in Fishing Convention, 2007 (No. 188), enters into force for it, the Committee requests the Government to take the necessary measures to ensure the application of the Convention on this point. In this respect, it notes the Government’s indications that, as soon as the draft regulations to give effect to the Maritime Labour Convention, 2006 (MLC, 2006) are adopted, the Panama Maritime Authority will organize tripartite working meetings with a view to regulating the specific issue of labour relations on board fishing vessels. The Committee requests the Government to keep the Office informed of any decision adopted on this subject.

Part V of the report from. Application in practice. The Committee notes that, according to the information provided by the Government, the number of fishers at the domestic level who are covered by the provisions of the Convention was 295 in 2009, 163 in 2010 and 20 over the first six months of 2011. The Committee requests the Government to indicate the specific circumstances are at the origin of this significant reduction in the number of fishers in the country. It also notes the data provided by the Government concerning the inspections conducted on board fishing vessels and the relatively low number of contraventions reported to the provisions respecting medical certificates. The Committee requests the Government to continue providing information on the application of the Convention in practice, and particularly the type of information included in its last report. The Committee also notes that the Government has carried out an audit of medical practitioners authorized to carry out medical examinations of seafarers and it requests the Government to provide any relevant information on the outcome of that audit.

Finally, the Committee notes that the Panama Maritime Authority is currently focusing all its efforts on the preparation of the draft regulations to give effect to the MLC, 2006, in the context of tripartite consultations, and that the Government cannot at the present time examine the possibility of ratifying Convention No. 188. The Committee requests the Government to keep the Office informed of any further developments on this matter. It draws the Government’s attention to the fact that Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of Convention No. 113, while allowing greater flexibility for fishing vessels under 24 metres in length, which do not normally remain at sea for more than three days.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, and particularly the adoption of resolutions ADM Nos. 197-2005 of 17 June 2005 and 058-2006 of 10 April 2006, establishing the list of 114 medical practitioners authorized to issue a medical certificate for fishers. It would however be grateful for further information on the following points.

Article 4 of the Convention. Validity of medical certificates. The Committee notes that, under the terms of section 4 of Decree No. 24 of 30 November 1981, the validity of the medical certificate shall not exceed six months for fishers under 21 years of age and one year for fishers over 21 years. The Committee however notes the indication on the model form used by the Panama Maritime Authority (AMP) indicating that it is valid for two years. The Committee requests the Government to clarify whether the above Decree is still in force, particularly following the adoption of Legislative Decree No. 8 of 26 February 1998 issuing the Regulations on maritime labour at sea and on waterways, and to specify the period during which medical certificates issued to fishers are valid.

Part V of the report form. The Committee notes the information concerning the organization of the service responsible for maritime labour inspection, and the statistical data on the number of infringements reported between 2001 and 2006. It also notes that, during the same period, 562 new fishing licences were issued. The Committee requests the Government to continue providing general information, with an indication, for example, of the number of workers protected by the measures giving effect to the Convention, extracts from the reports of the inspection services, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee would be grateful if the Government would provide in its next report information on the organization and working of inspection (Part III of the report form), information concerning the number and nature of the contraventions reported, if such statistics are available (Part V of the report form), as well as a sample of medical certificate (Article 3 of the Convention).