Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 113) sur l'examen médical des pêcheurs, 1959 - Panama (Ratification: 1970)

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.