Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

See under Convention No. 8, as follows:

The Government has communicated the following information:

The Government has reactivated the Tripartite Maritime Labour Commission, which is responsible for dealing with the discrepancies in the application of Conventions Nos. 8, 22, 32. 53, 55, 68, 92 and 126 concerning seafarers' conditions of work; these discrepancies will be eliminated in due course. The Committee began its work in 1986 with the following agenda: (a) means of placing deck and engineering officers so that they may obtain the two years' experience on the high seas necessary to enter the practical experience programme for the Panama Canal; (b) training; (c) examination of a maritime labour Bill; (d) immediate measures for the placement of seafarers (officers and crew); (e) draft of the Planning Ministry (MIPPE) on strengthening the maritime sector; (f) study of a recommendation to the executive in favour of centralising everything to do with the maritime sector in one body.

Four working subcommittees have been created, namely: (a) subcommittee on the placement of seafarers; (b) subcommittee on wages, working time and bonuses; (c) subcommittee on the termination of employment; (d) subcommittee on safety and social welfare.

The results of the work of the these committees have been:

(1) a draft Bill has been prepared to grant tax incentives to owners of ships running international services which are registered in the National Merchant Marine and which hire deck and engineering officers of Panamanian nationality;

(2) a draft Bill to establish conditions for career advancement of officers in the Merchant Marine and regulate entry requirements, and lay down other provisions as to the training of officers.

Discussion of the third point on the agenda has now begun (i.e. a maritime labour Bill).

In addition, a Government representative said with reference to Article 5, paragraph 1 of Convention No. 53 (Officers' Certificates of Capacity) that Panama presently had an inspection system which, in one of its phases, was being carried out through the issue of certificates of competency seafarers and officials. For the issue of these certificates, a document was required certifying the capacity of the individual to work on the vessel. This inspection system also operated when port inspectors, the ship's captain or the ship's owners detected anomalies in the matter of certification, safety or any other breach of the Convention. In these cases, they could ask for an inspection by a consul of the Merchant Marine, who was to carry this out together with the Port Authority, the ship's captain or the ship's owners. With regard to paragraph 2 of Article 5 of the Convention, national legislation provided under Act. No. 2 of 1980 (Chapter XII) for the possibility of detaining vessels on account of a breach of the Convention. With regard to paragraph 3 of Article 5 of the Convention, there was no specific procedure allowing for communication with consuls of the Merchant Marine when violations of the Convention's provisions were found. However, the normal channels of communication were used in these cases, giving rise to a consul's inspection in order to confirm the violation of the Convention and to take the necessary measures as required.

With regard to Convention No. 55 (Shipowners' Liability (Sick and Injured Seamen)) the interested parties had presented new versions of draft maritime labour legislation. The Tripartite Maritime Labour Commission, reactivated in August 1986, had among the items on its agenda the study of draft maritime labour legislation, including provisions that referred to this and other maritime Conventions. Panama had never ceased its efforts to achieve the adoption of the necessary regulations to give them full effect.

With regard to Convention No. 68 (Food and Catering (Ships' Crews)), the Government representative expressed her surprise that Panama had been invited to provide more information on the application of the Convention, when Panama appeared this year on the list of cases of progress for this and other maritime Conventions. Panama had established and applied satisfactory a whole new world-wide system of inspection of vessels of the Panamanian Merchant Marine in order to put into effect the regulations which apply Convention No. 68 as well as Conventions Nos. 92 (Accommodation of Crews (Revised)) and 126 (Accommodation of Crews (Fishermen)). After referring to the information which had been provided and providing statistical data on the inspections carried out in recent year (which had increased very appreciably), the speaker said that study guides were currently being prepared for the examinations for cooks and waiters, where exhaustive consideration would be given to the procedures for ensuring an adequate supply of food products and adequate catering. These would be forwarded to the ILO. The Government was aware that there were still measures to be taken in order to give full effect to the Convention. In future reports more information would be given concerning the matters raised by the Committee of Experts.

With regard to Convention No. 126 (Accommodation of Crews (Fishermen)), they had not made any further progress than had been indicated in the Government's last report, because of the priority given to the application of other maritime Conventions and related regulations. It was the Government's intention to find solutions gradually to the problems indicated by the Committee of Experts, within the bounds of their possibilities and in accordance with national conditions. Information would be provided on the measures adopted.

The Workers' members stressed the importance that the Conventions in question had for Panama, with its important fleet. Although there were still other measures to be taken, the Government had carried out a series of efforts (as the Government representative had indicated) in ordre to bring the legislation into full conformity with these Conventions. These efforts could be seen in particular with regard to the application of Convention No. 68, where the Committee of Experts had indicated a case of progress. This was a cause for satisfaction. The Committee of Experts had asked for information on the matters to be resolved, and had stressed the importance of the workers protected being aware of their rights. This information should be given to the people concerned at the time of their recruitment and throughout their period of employment, as well as through trade union organisations. Once the interested parties were aware of all those rights provided to them by the Conventions and by law, there was still the matter of implementation. When the workplace was a moving vessel, it was difficult to prove application, and hence the importance of inspection. Finally the Workers' members asked whether the ILO was still providing technical assistance to Panama concerning the application of maritime Conventions and, if not, how much assistance might be provided.

The Employers' members also stressed the importance of the four Conventions under consideration in the particular case of Panama. The progress made, as confirmed by the Committee of Experts, was a cause for satisfaction. Nevertheless, the Government should respond to certain questions raised by the Committee of Experts, and there were still problems to be solved. Convention No. 53 concerning competency certificates for officers dealt with very important matters on which the safety of many people depended. The issues covered by the other three Conventions under consideration were also very important. Progress had been made over the years on these issues, and this was cause for satisfaction. The Government representative had indicated with regard to certain questions that studies had to be carried out and with regard to others that it had not been possible to deal with these yet or that they would be the subject of gradual improvement. The recognition of the discrepancies between the legislation and the Conventions, and the statement by the Government representative, allowed for hope that the changes, the need of which was recognised by the Government, would become reality. The Government must be encouraged in this direction and also encouraged to send replies to the specific questions raised by the Committee of Experts, so that the latter would be able to note any progress made, and so that the Government could also be helped to see how there might be better application, albeit gradual, of the provisions of the Convention.

The Government representative gave the assurances that Panama would continue to make progress in the application of maritime Conventions. within the limits of its possibilities and national conditions, with regard to both legislation and practice.

The representative of the Secretary-General indicated that ILO technical assistance to Panama in the area of application of maritime Conventions had facilitated progress, and that this assistance would continue to be provided from both headquarters and the technical centres in Latin America.

With regard to Conventions Nos. 53 and 68, the Committee noted with interest from the information provided by the Government representative and the observations of the Committee of Experts that appreciable progress had been made in the application of Convention No. 53 and in particular of Convention No. 68. The Committee requested the Government to consider the adoption of further measures on the points raised by the Committee of Experts and expressed the hope that the Government would be able to report progress with a view to ensuring the full application of these Conventions in both law and practice.

With regard to Conventions Nos. 55 and 126, the Committee took note of the information provided by the Government representative. The Committee expressed its hope that the work now being done by the Tripartite Maritime Labour Commission would soon enable the Government to take the necessary legislative or other measures on all the points raised in the comments of the Committee of Experts in order to ensure the full application of these Conventions.

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 2018, published 108th ILC session (2019)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 6, 7, 8, 9, 11 and 12 of the Convention. Minimum age –Professional experience – Examinations. The Committee has 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. More concretely, the Committee has noted that Resolution No. 008-2001 of 12 February 2001, sets the minimum age for performing the duties of skipper or engineer on board a fishing vessel at 18 years, which is inconsistent with Article 6(1) of the Convention. In addition, the Committee has noted that the same Resolution prescribes a minimum professional experience for skippers and engineers of fishing vessels which is lower than that required by the Convention. Finally, the Committee has commented on the absence of any legal requirement to sit written examinations in order to obtain a certificate of competency, with the exception of those who are not in possession of a valid qualification issued by a country appearing on the white list and issued by a training centre meeting certain requirements, in accordance with Resolution No. 023-2001 of 5 December 2001. With respect to all these issues, the Government has indicated its intention to revise the regulations in force so as to fully harmonize its legislation with the requirements of the Convention. In its last report, the Government limits itself to stating that Resolution No. 008-2001 is being revised and that the two pilot projects on processes to assess maritime competency, to which reference was made in its previous report, are still at the preliminary study stage. The Committee hopes that the Government will take the necessary measures without further delay in order to bring the national legislation into full compliance with the requirements of the Convention. In addition, the Committee requests the Government to provide a copy of the text amending Resolution No. 008-2001 once it is adopted.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Implementing legislation – System of inspection. The Committee recalls its previous comment in which it expressed its hope that the Government would envisage revising the record of approved crew accommodation details (RACAD) in order to better reflect the requirements of Articles 6(2), 9(5), 10(2), 10(26) and 13 of the Convention. The Government indicates that it has initiated the revision of the inspection form and that it is planning to issue two different inspection forms, one for vessels covered by the Maritime Labour Convention, 2006 (MLC, 2006), and another for fishing vessels. In addition, the Government indicates that the Committee’s comments will be duly taken into account during the aforementioned revision process. The Committee requests the Government to provide a copy of the new crew accommodation inspection report form for fishing vessels once it is finalized.

In addition, the Committee notes that under section 15 of Resolution No. 011-2005 of 26 July 2005, the Directorate General of Seafarers (DGS) may issue an exemption or dispense letter which would indicate the provisions of this Convention that would no longer be complied with, the reasons for granting the waiver and any alternative compliance measures. Recalling that the same point has been raised under the Accommodation of Crews Convention (Revised), 1949 (No. 92), the Committee requests the Government to provide additional explanations on the exact conditions under which, and the limits within which, exemptions may be granted. The Committee would appreciate receiving a copy of any exemption or dispense letters that may have been issued by the DGS.

Finally, the Committee notes the Government’s statement that the possible ratification of the Work in Fishing Convention, 2007 (No. 188), has not so far been considered as at present all the emphasis is placed on the preparation of the legislation implementing the MLC, 2006. The Committee requests the Government to keep the Office informed of any progress made in this regard.

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

Article 8 of the Convention. Information as to the conditions of employment on board. The Committee notes the information provided by the Government concerning the provisions respecting the facilities available for seafarers, including fishers, to examine the work agreement before it is signed and the requirement for the shipowner to provide them with a copy of the agreement. However, it draws the Government’s attention to the fact that Article 8 of the Convention is intended to enable the fisher to obtain clear information concerning his rights and obligations on board, and not only when signing the agreement. The Committee therefore requests the Government to adopt measures to ensure that fishers can obtain clear information on board concerning their conditions of employment. It requests the Government to keep the Office informed of any measures that may be taken in that regard. The Committee also recalls that the same requirement is set out in Article 18 of the Work in Fishing Convention, 2007 (No. 188), which provides that the fisher’s work agreement, a copy of which shall be provided to the fisher, shall be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request.

Part V of the report form. 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 in the first six months of 2011. The Committee requests the Government to indicate the circumstances of this significant reduction in the number of fishers. It further notes that section 121 of Legislative Decree No. 8 of 26 February 1998 regulating work at sea and on navigable waterways establishes two maritime labour tribunals with jurisdiction over disputes relating to work performed at sea. The Committee requests the Government to provide further information on the operation of these tribunals, with an indication of whether they have jurisdiction over disputes relating to the application of the Convention. It also notes the examples of the forms used by the maritime labour inspection services, which were attached to the Government’s report and make reference to the work agreement of seafarers. The Committee requests the Government to continue providing information on the application of the Convention in practice, including indications on the number of contraventions reported each year to the provisions giving effect to the Convention and any corrective measures taken.

Finally, the Committee notes that the Panama Maritime Authority is currently focusing all of its efforts on the preparation of the draft regulations to give effect to the Maritime Labour Convention, 2006 (MLC, 2006), in the context of tripartite consultations, and that the Government cannot at present examine the possibility of ratifying Convention No. 188. The Committee requests the Government to keep the Office informed of any further developments in this regard.

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

Article 4 of the Convention. Non-departure from the rules as to jurisdiction over the agreement. Further to its previous comments, the Committee notes the Government’s indications that the Labour Code contains provisions respecting the determination of the competence of labour tribunals. It further notes that, according to the Government, these rules are so imperious that section 675 of the Labour Code renders null procedural measures which are not referred to the competent tribunal, with a view to protecting workers against abuse. It also notes that, in accordance with Legislative Decree No. 8 of 26 February 1998 issuing the regulations governing work at sea and on other navigable waterways, the Department responsible for maritime labour issues is under the obligation to verify and approve all fishers’ articles of agreement. The Committee requests the Government to indicate whether the Department responsible for maritime labour issues ensures, in the framework of such control, that fishers’ articles of agreement do not contain any stipulation providing for a departure from the ordinary rules as to jurisdiction, as established by the Labour Code.

Article 8. Information as to the conditions of employment on board the fishing vessel. The Committee notes that in reply to its previous comments on this point the Government indicates that measures have not yet been adopted so that the fisher may satisfy her or himself on board as to the precise nature of the conditions of employment. It hopes that the Government will soon be in a position to report the adoption of measures for this purpose and requests it to keep the Office informed of any development in this respect.

Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government concerning the number of workers and fishing vessels covered by the Convention. In view of the broad discrepancy between the data provided for 2008 and 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. 114 or the number of newly recruited fishers each year. The Committee also notes the model inspection reports attached to the Government’s report, which make explicit reference to several ILO Conventions, including Convention No. 114, and the indication of the measures adopted to remedy the contraventions identified. The Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the number of inspections carried out on board fishing vessels each year and the percentage of cases in which contraventions of the provisions of Convention No. 114 have been identified. The Committee would also be grateful if the Government would provide a copy of the list of points that maritime labour inspectors have to verify during inspections carried out 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, in the context of the follow-up to this 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. 114.

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

Article 6 of the Convention. Minimum age. The Committee notes that Resolution No. 008-2001 of 12 February 2001 of the Panama Maritime Authority establishes rules for the issue of certificates of competency for seafarers performing their duties in waters under Panamanian jurisdiction. It notes that sections 5 and 12 of this Resolution establish the minimum age for performing the duties of skipper or engineer on board a fishing vessel at 18 years, although the Convention prescribes a minimum age of 20 years for the performance of these duties. The Committee notes the Government’s indications that the Panama Maritime Authority has embarked upon a process of revising the regulations that are in force and hopes that in the context of this process it will be ensured that the national legislation is brought into conformity with the Convention on this point. It requests the Government to provide information on any development in this respect.

Articles 7, 8 and 9. Prescribed minimum professional experience. The Committee notes that Resolution No. 007-2001 of 12 February 2001 of the Panama Maritime Authority, to which it referred in its previous comment, was repealed by Resolution 023-2001 of 5 December 2001. It notes that Resolution No. 008-2001 of 12 February 2001 regulates the conditions for the issue of certificates for fishers for vessels sailing in the territorial waters of Panama. The Committee also notes that section 5 of this Resolution prescribes a minimum experience of 12 months as a sea fisher to be able to perform the duties of skipper on a fishing vessel of a maximum of 12 metres in length, with this requirement being raised to 24 months by section 6 for vessels of over 12 metres in length. Furthermore, for the duties of engineer, section 12 of the Resolution requires 24 months’ service in the engine-room. The Committee recalls that, under the terms of Article 8(1) of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. It further recalls that Article 9(1) of the Convention requires a minimum professional experience of three years’ sea service in the engine-room for the issue of an engineer’s certificate of competency. The Committee notes the Government’s indications that the Panama Maritime Authority sees no objection to harmonizing the requirements relating to the minimum professional experience prescribed with those of the Convention in the context of the current process of reviewing the regulations that has been launched. It requests the Government to keep the Office informed of the progress achieved in this revision process. The Committee also requests the Government to indicate the legal requirements for the performance of the duties of mate on a fishing vessel sailing in Panamanian territorial waters.

With regard to fishing vessels flying the Panamanian flag, but sailing outside of Panamanian territorial waters, the Committee observes that Resolution No. 023-2001 of 5 December 2001, which refers explicitly to Convention No. 125 and applies to vessels flying the Panamanian flag that are not governed by the STCW 78/95 Convention of the International Maritime Organization, which include fishing vessels, does not contain detailed provisions on the conditions for the issue of certificates of competency for fishers. The only relevant provisions in this respect are section 20 of the Resolution, which enumerates the official titles of the various positions on board fishing vessels, and section 21, which determines the conditions applicable when an applicant for one of these positions does not have a valid qualification issued by a country on the white list or issued by a trading centre meeting a number of requirements. The Committee therefore requests the Government to specify whether other provisions regulate the conditions for the issue of certificates of competency for skippers, mates and engineers on board fishing vessels flying the Panamanian flag but which sail outside of Panamanian territorial waters, in accordance with the requirements of the Convention and, if so, to provide copies of the relevant texts.

Articles 11 and 12. Examinations. The Committee notes that, in reply to its previous comment on this point, the Government confirms in its report that the national legislation does not establish a requirement for seafarers (including fishers) to sit written examinations to obtain a certificate of competency, with the exception of those who are not in possession of a valid qualification issued by a country appearing on the white list and issued by a trading centre meeting a number of requirements, as required by section 6 of Resolution 023-2001 of 5 December 2001. It also notes the Government’s indications that two pilot projects on processes to assess maritime competency, including the fishing sector, are currently being implemented. It notes that the Government then plans to establish a system of examinations in accordance with the requirements of Article 11 of the Convention. The Committee requests the Government to provide information on the results of the implementation of the pilot projects and on any developments relating to the establishment of a system of examinations intended to test the qualifications of candidates for certificates for skippers, mates and engineers on board fishing vessels.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of workers and fishing vessels covered by the Convention. In view of the significant discrepancy between the data provided for 2008 and those for 2009 (1,639 and 253, respectively), it requests the Government to indicate whether the data contained in the table on the number of fishers indicate the total number of fishers covered by Convention No. 125 or the number of newly recruited fishers each year. The Committee also notes the model inspection reports attached to the Government’s report which make explicit reference to several ILO Conventions, including Convention No. 125, and the indications concerning the measures adopted to resolve the contraventions identified. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including further details on the number of inspections carried out each year on board fishing vessels and the percentage of cases in which violations of the provisions of Convention No. 125 were identified. The Committee would also be grateful if the Government would provide a copy of the list of points that maritime labour inspectors have to verify during inspections carried out on board fishing vessels.

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

Part III of the report form. Inspection. The Committee notes the copies of the crew accommodation inspection reports (RACAD) attached to the Government’s report. It notes that these forms contain detailed lists of the points to be verified by inspectors in relation to the accommodation of crews and that they refer explicitly to the Convention. However, it notes that certain of the matters covered by the Convention are not included in the forms: the provision of emergency escapes (Article 6(2)); the presence of a permanent blue light in sleeping rooms in the night (Article 9(5)); as far as practicable, the berthing of crew members so that watches are separated and no day-men share a room with watchkeepers (Article 10(26)). The Committee hopes that the Government will envisage revising the inspection form so as to include these points.

The Committee also notes that the table on which the data on the dimensions of cabins are to be registered includes a column for the surface of cabins, including berths, lockers and furniture, although the standards set out in Article 10(2) of the Convention in this respect are determined excluding the space occupied by berths and lockers. It hopes that the Government will modify the inspection form so as to allow verification of compliance with the standards set out by the Convention in relation to the floor area per person of sleeping rooms.

Finally, the Committee notes that, according to the inspection form, it is not necessary to provide for a sick bay on vessels engaged in coastal navigation where the crew numbers fewer than 15 persons or where all the members of the crew have an individual cabin with a private bathroom. It draws the Government’s attention to the fact that Article 13 of the Convention provides that on vessels of over 500 tonnes or on vessels of 45.7 metres in length or over, there shall be a sick bay. It invites the Government to make use of the criteria established by the Convention (tonnage or length) in relation to the obligation for there to be a sick bay on board.

Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government concerning the number of fishing vessels by category. It notes the indications contained in the Government’s report that the Department of Maritime Social Affairs establishes each month an inspection programme for vessels. It notes that 1,272 inspections to ascertain compliance with the provisions of Convention No. 126 were carried out between 2005 and 2009. The Committee requests the Government to continue providing information of the application of the Convention in practice, including an indication of the percentage of cases in which violations of the provisions of Convention No. 126 were reported during these inspections and the measures taken as a result.

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), 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. 126.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 7, 8 and 9 of the Convention. Prescribed professional experience. The Committee notes that in reply to its previous comment the Government confirms that the minimum professional experience required by resolution No. 007-2001 of 2 February 2001 of the Maritime Authority of Panama for the issue of a certificate of competency for a skipper, mate or engineer is 12 months. It notes that the Government refers in this respect to the International Convention on Standards of Training, Certification and Watchkeeping of the International Maritime Organization (STCW Convention) and indicates that the certificates of competency of fishers are issued on the basis of the provisions of that Convention. However, the Committee recalls that the STCW Convention is not applicable to fishers, who are covered by a STCW-F Convention, adopted under the auspices of the IMO in 1995, but which has not yet entered into force. In any event, the Committee wishes to emphasize that the ratification of an international treaty by a State does not in any way release it from its obligations under the ILO Conventions to which it is a party. Finally, the Committee draws the Government’s attention to the fact that the new Work in Fishing Convention adopted by the International Labour Conference at its 96th Session (June 2007), does not revise Convention No. 125. The Committee therefore hopes that the Government will adopt the necessary measures in the near future to bring its legislation into conformity with the Convention on this matter and requests it to keep the Committee informed of any new development in this respect.

Articles 11 and 12. Examinations. The Committee notes the Government’s indications that the obligation to sit a written examination with a view to obtaining the grades required to work on board fishing vessels was abolished in 2004, with the competency of the candidate being verified in practice and through experience. The Committee wishes to recall the importance, as emphasized by Article 11 of the Convention, of examinations organized and supervised by the competent authority “for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the corresponding duties”. Article 13 only allows competency certificates to be issued to persons who have not passed an examination, but who have sufficient practical experience of the corresponding duties, during a transitional period of three years. As the transitional period has expired, the Government may no longer have recourse to the flexibility measures envisaged by this provision. The Committee hopes that the Government will rapidly amend its legislation with a view to reintroducing the obligation to sit examinations on the subjects envisaged in Article 11 and, where appropriate, Article 12 of the Convention to obtain the competency certificates of skippers, mates or engineers. The Government is requested to provide all available information on the measures taken in this respect.

Part V of the report form. The Committee notes the statistical data provided by the Government on the number of fishers’ certificates of competency issued since 2001. The Committee requests the Government to continue supplying general information on the manner in which the Convention is applied in practice, and particularly on the number of persons covered by the Convention and the number of certificates of competency in the various categories issued annually.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes resolution No. J.D 022 of 14 August 2003, section 15 of which provides that all ships flying the Panamanian flag shall carry on board the crew accommodation inspection certificate authenticated by the Directorate General of Seafarers. It also notes that, under section 16 of this resolution, the maritime labour inspectorate has to check compliance with ILO Conventions Nos 68, 92 and 126 on crew accommodation. The Committee notes in this regard that, to obtain a crew accommodation certificate, fishing vessels have to be inspected by an approved technical company which checks compliance with the provisions of the Convention. The Committee also notes that the preliminary draft Maritime Code is currently in the process of being revised. The Committee hopes that this draft will be adopted soon and requests the Government to keep it informed of any developments in this regard.

Part V of the report form. The Committee notes the information provided by the Government on the number of inspections carried out on board fishing vessels during the period 2002–06. It also notes that the Department of Maritime Social Affairs of the Panama Maritime Authority has drawn up a list of the steps to be taken during inspections on board Panamanian ships, including fishing vessels, with a view to checking compliance with the provisions relating to seafarers’ living and working conditions. The Committee requests the Government to provide a copy of this document. The Government is also requested to continue providing general information on the application of the Convention in practice, including, for example, extracts from the reports of the labour inspection services, as well as information on the number of fishing vessels of different categories flying the Panamanian flag.

In addition, the Committee draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 126. The Committee requests the Government to give all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decisions which it might take with a view to its possible ratification.

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

The Committee notes the information provided in the Government’s report. It would, however, like to receive further information on the following points.

Article 4 of the Convention. Non-departure from the rules as to jurisdiction over the agreement. The Committee notes that Legislative Decree No. 8 of 26 February 1998 issuing the regulations for work at sea and on inland waterways contains no provisions on measures taken to ensure that the agreement does not include any stipulation by which it is contracted to depart from the ordinary rules as to jurisdiction. The Committee also notes the information previously provided by the Government concerning Article 4 of the Convention, which indicated that the relevant measures would be taken so that the Maritime Affairs Department would carry out a prior review of labour contracts. The Committee asks the Government to keep it informed of any developments in this area and to specify the provisions, if any, that give effect to this provision of the Convention.

Article 5. Keeping and making available records of employment. The Committee notes that under section 6 of Legislative Decree No. 8 of 26 February 1998, the Maritime Authority of Panama (AMP) issues a seafarer’s booklet to crew members. It also notes the Government’s indication that the results of checks on fishers’ records of employment, carried out by the captain on board fishing vessels, are noted in the Seaman’s Book. The Committee asks the Government to provide a copy of a model seafarer’s booklet issued by the maritime authority and a copy of the seafarer’s book containing the records of employment of fishers on board fishing vessels.

Article 8. Information as to the conditions of employment on board fishing vessels. The Committee notes that Legislative Decree No. 8 of 26 February 1998 contains no provisions on measures taken to enable clear information to be obtained on board by the fisher as to the conditions of employment. The Committee also notes the Government’s indication in a previous report, that the Maritime Affairs Department would prepare the relevant regulations. The Committee asks the Government to indicate whether these regulations have been adopted and, if so, to provide a copy of them in its next report.

Part V of the report form. The Committee notes the statistical information provided by the Government, according to which 848 new fishermen’s articles of agreement were registered between 2003 and 2006. The Committee asks the Government to continue providing general information, including, for instance, statistical data on the number of workers protected by the measures giving effect to the Convention; details of the number and tonnage of the fishing vessels in operation which are covered by the Convention; inspection reports detailing the number and nature of violations reported; relevant documents or studies by the AMP; or any other information that would allow the Committee to assess the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in response to its previous comments concerning the application of Articles 1, 6, 7, 10, 12 and 15 of the Convention. It particularly notes the information indicating that the Panama Maritime Authority (AMP), through the General Directorate of Seafarers, is responsible for authenticating and validating certificates relating to crew accommodation. Such a certificate must be present aboard each fishing vessel weighing over 75 tons (section 1 of resolution No. 614-257 ALCN of 1984). The certificate is issued following the inspection of the vessel by the relevant recognized bodies, on the basis of the form listing the criteria for crew accommodation (RACAD 10/02). This form allows for the effective monitoring of the application of all the standards relating to accommodation that are set forth in the Convention (section 2 of resolution No. 614-257 ALCN).

It is the Committee’s understanding that, by means of resolution No. J.D 022 of 14 August 2003, the General Directorate of Seafarers approved the regulations concerning maritime labour inspection. It requests that the Government submit a copy of this document. Furthermore, the Committee requests that the Government keep it informed of any developments concerning the finalization and possible adoption of the new Maritime Code which has been the subject of numerous comments made by the Committee in recent years.

Part V of the report form. The Committee notes the statistics provided by the Government concerning the number of inspections carried out aboard fishing vessels from June 1999 to December 2001. It would be grateful if the Government continued to submit, in accordance with Part V of the report form, general information on the practical application of the Convention, including, for instance, reports from the labour inspection services indicating the contraventions reported and the follow-up thereto, details regarding the composition and capacity of the fishing fleet and any other information that would allow the Committee to better evaluate the compliance of national laws and practices with the requirements of the Convention.

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

The Committee notes the detailed report of the Government. It would be grateful if the Government could provide with its next report a sample of fishermen’s articles of agreement (Article 3 of the Convention), a sample of fishermen’s record of employment (Article 5), and, if such statistics are available, information concerning the number of fishermen signed on during the year under review, the number and nature of the contraventions reported, etc. (Part V of the report form).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Articles 7, 8 and 9 of the Convention. The Committee recalls that under these provisions of the Convention the minimum professional experience prescribed by national laws or regulations for the issuance of a mate’s certificate of competency shall be not less than three years’ service engaged in deck duties; for the issuance of a skipper’s certificate of competency not less than four years’ sea service engaged in deck duties; and for the issuance of an engineer’s certificate of competency not less than three years’ sea service in the engine room. It notes that section 20 of resolution No. 007-2001 of the Maritime Authority of Panama of 12 February 2001 prescribes the following ranks of personnel working on board fishing vessels: (i) master fishing vessel; (ii) first deck officer fishing vessel; (iii) second deck officer fishing vessel; (iv) chief engineer officer fishing vessel; (v) first engineer officer fishing vessel; and (vi) second engineer officer fishing vessel. It further notes that the minimum professional experience prescribed by section 21 of this resolution for obtaining any of these ranks is 12 months. The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made in this respect.

Articles 11 and 12. The Committee asks the Government to clarify whether successful passing of the examination prescribed by the Directorate General of Seafarers (section 6 of resolution No. 007-2001) is a mandatory condition for obtaining ranks of personnel working on board fishing vessels or whether such ranks could be obtained without passing this examination.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 1, paragraphs 3 and 4, of the Convention. The Committee requests the Government to provide information on the existence of consultations by the competent authorities with the fishing-vessel owners' and fishermen's organizations to determine the application of the Convention, where reasonable and practical, to vessels of between 25 and 75 tonnes, or where appropriate, between 13.7 and 24.4 metres in length.

Article 1, paragraph 7. The Committee requests the Government to indicate if recourse has been made to this provision of the Convention.

Article 6, paragraph 10. The Committee requests the Government to indicate the manner in which effect is given to this provision regarding wall surfaces and deck heads in sleeping rooms that are light in colour, and the prohibition of limewash.

Article 6, paragraph 16. Under section 15.3 of the inspection forms (RACAD) measures to protect accommodation of crews are only foreseen where the vessel regularly navigates in mosquito-infected zones. The Committee requests the Government to take the measures necessary to ensure full application of this provision of the Convention.

Articles 7, paragraph 5; 9, paragraphs 2 and 5; 10, paragraphs 5 and 26; and 15. The Committee requests the Government to indicate the manner in which the application of these provisions of the Convention is ensured.

Article 12, paragraph 7. The Committee requests the Government to indicate the manner in which the application of this provision is ensured, as regards the requirement that soil pipes and waste pipes shall not pass through fresh water or drinking water tanks, nor, if practicable, pass overhead in mess rooms or sleeping accommodation.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous reports, the Government indicated that it had not been possible to devote the necessary attention to the Committee's comments concerning the requirements of Articles 6, 7, 8 and 9 of the Convention, since it had concentrated its efforts on issues relating to draft legislation to regulate employment at sea and on inland waterways. The Government had also informed the Committee that this legislation was to include provisions on fishing boats and coastal vessels. The Committee notes with regret that Legislative Decree No. 8 regulating employment at sea and on inland waterways and containing other provisions does not contain provisions on the requirements already referred to in respect of the minimum age and experience for the issuance of competency certificates for different categories of fishermen.

The Committee also notes the information provided by the Government in its report for the period ending on 15 October 1996 according to which national legislation does not contain any training standards for skippers and mates of fishing vessels, nor does it provide for a system of examinations for granting competency certificates in accordance with Article 4.

The Committee observes that section 10 of the Legislative Decree in question stipulates that it is the responsibility of the Panama Maritime Authority to determine the subclassifications of crew members on the basis of experience, training, type of vessel, type of waterway and propulsion, in accordance with national laws and international Conventions ratified by Panama. The Committee trusts that the Government will provide information in the near future on the measures taken or envisaged to ensure that this legislation complies with the commitments it has accepted by ratifying the Convention, and that it will pay particular attention to the application of Articles 4, 6, 7, 8 and 9. The Committee also requests the Government to indicate any progress made in this area and to provide a copy of the new legislation once it is adopted.

The Committee also takes note of the information provided by the Government in its report for the period ending on 15 October 1996 to the effect that no examinations of the type referred to in Article 11 are organized for the purpose of awarding skippers' and mates' certificates, although there is a system of direct validation, but also indicates that examinations of the type referred to in Article 12 are held. The Committee requests the Government to provide more detailed information on the system of direct validation and the manner in which Article 12 of the Convention is applied.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the adoption of Legislative Decree No. 8 of 26 February 1998 issuing the Regulations respecting maritime work at sea and on inland waterways, and of Legislative Decree No. 7 of 7 February 1998 concerning the creation of the Panama Maritime Authority, the unification of the various maritime responsibilities of the public authorities and the adoption of other provisions.

The Committee notes, however, that the Government has not provided a report on the application of the Convention. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government in its report. It notes that the model articles of agreement for fishermen have still not been adopted. The Committee hopes that the Government's next report will indicate that the above-mentioned model articles of agreement have been adopted and that they will ensure the application of Article 6, paragraphs 3(a), (d), (e), (f), (g) and (i) of the Convention (particulars to be recorded in the articles of agreement). Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to ensure the application of Article 3, paragraph 4 (provisions of the national law to ensure that the fisherman has understood the agreement). Point V of the report form. The Committee notes the text of the collective agreement and the statistics supplied with the Government's report. Please provide information on the number and nature of infringements recorded relating to the application of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's indication in its most recent report that it has concentrated its efforts on the draft legislation to regulate employment at sea and on inland waterways, and consequently, has been unable to give due consideration to the Committee's previous comments on the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee notes that this draft legislation does not appear to contain any provisions on minimum age and experience for the issuance of competency certificates as prescribed by these Articles. The Committee hopes the Government will take the necessary measures to put the national legislation and the practice regarding these points into conformity with the provisions of the Convention. It trusts the requirements of the technical cooperation project on minimum age and experience (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) will not be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention.

Furthermore, the Committee once again notes that the Office's advisory services continue to be at the Government's disposal with regard to any draft legislation produced as a result of the project noted above, in order to ensure that the necessary measures are taken to give full effect to the Convention. It also reiterates its request to the Government to provide full details in its next report, on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's indication in its most recent report that it has concentrated its efforts on the draft legislation to regulate employment at sea and on inland waterways, and consequently, has been unable to give due consideration to the Committee's previous comments on the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee notes that this draft legislation does not appear to contain any provisions on minimum age and experience for the issuance of competency certificates as prescribed by these Articles. The Committee hopes the Government will take the necessary measures to put the national legislation and the practice regarding these points into conformity with the provisions of the Convention. It trusts the requirements of the technical cooperation project on minimum age and experience (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) will not be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention.

Furthermore, the Committee once again notes that the Office's advisory services continue to be at the Government's disposal with regard to any draft legislation produced as a result of the project noted above, in order to ensure that the necessary measures are taken to give full effect to the Convention. It also reiterates its request to the Government to provide full details in its next report, on any progress achieved in this respect.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's reports indicating that the draft text of the Labour Act respecting navigable seaways and waterways has not yet been adopted but that a tripartite national commission will be established for the purpose, inter alia, of harmonizing this draft with ratified maritime Conventions. It also notes the statistical data concerning inspections carried out by the Office of Maritime Safety (SEGMAR), and by the Labour Inspectorate of the Ministry of Labour and Social Welfare. It observes that the inspections carried out by SEGMAR showed shortcomings as regards maintaining the sick bay and medicine chest (Article 13 of the Convention) as well as the galley (Article 16, paragraphs 1 and 5). It would be grateful if the Government would continue to provide information on the results of these inspections, in particular, including specific data on fishing vessels in regard to application of the provisions of the Convention (point V of the report form).

Furthermore, the Committee repeats its request that the Government should take the necessary measures to adopt as soon as possible the above-mentioned draft text on employment at sea which contains some of the contents of resolution 603-04-118-ALCN of 1988 and resolution 614-257-ALCN of 1984, giving effect to the Convention.

[The Government is requested to supply a detailed report in 1996.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in its report. It notes that the model articles of agreement for fishermen have still not been adopted. The Committee hopes that the Government's next report will indicate that the above-mentioned model articles of agreement have been adopted and that they will ensure the application of Article 6, paragraphs 3(a), (d), (e), (f), (g) and (i) of the Convention (particulars to be recorded in the articles of agreement). Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to ensure the application of Article 3, paragraph 4 (provisions of the national law to ensure that the fisherman has understood the agreement).

Point V of the report form. The Committee notes the text of the collective agreement and the statistics supplied with the Government's report. Please provide information on the number and nature of infringements recorded relating to the application of the Convention.

The Government is asked to report in detail in 1996.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied in the Government's report in reply to its previous comments and, in particular, that the new draft text to regulate labour at sea and on inland waterways which, according to the report on the application of Convention No. 73, has been adopted by the Legislative Assembly in plenary sitting, contains provisions relating to inshore fishing and coastal vessels which take up in part the provisions of Decision No. 603-04-118-ALCN of 1988 and Decision No. 614-257-ALCN of 1984, thereby giving effect to the Convention. The Committee would be grateful if the Government would supply a copy of the final text which was adopted. Part IV of the Convention. Would the Government please indicate any consultations held in relation to the application of the Convention to existing fishing vessels. Point V of the report form. See comments on Convention No. 92, as follows: Point V of the report form. The Committee notes the information on the functioning of the inspection system to the effect that it has been strengthened in recent years and that 29 national and international companies are now authorized by the General Directorate for Consular and Shipping Affairs to issue technical certificates proving that the inspection required by the Convention has been carried out. The Committee also notes the statistical information for 1989-1991 provided with the report. It would be grateful if the Government would provide updated statistics as soon as it receives them from the Maritime Safety Office (SEGMAR) in New York.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government has transmitted to the Directorate General of Consular and Maritime Affairs the contents of its previous comments for necessary action. It trusts that the requirements of the technical cooperation project (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) as to minimum age and experience will no longer be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee again notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project, in order to ensure that the necessary measures are taken to apply the Convention. It urges the Government to include full details of further developments in its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments it has been making for several years, the Committee has drawn the Government's attention to the need to adopt measures for the application of Article 3, paragraph 4 (adequate provision in the national law to ensure that the fisherman has understood the agreement) and Article 6, paragraph 3(a), (d), (e), (f), (g) and (i) (particulars to be specified in the agreement) of the Convention. In its successive reports, the Government indicated that a new model fishermen's contract was being prepared and that a preliminary draft Bill for fishermen had been worked out with the cooperation of an ILO expert. This draft took account, in particular, of these provisions of the Convention. In 1988 the Government indicated that the Directorate-General of Consular and Maritime Affairs of the Ministry of Finance and Treasury would take the necessary measures once the system of engagement on board cargo ships had been defined. In its last report, the Government states that the above Directorate has not adopted any model fishermen's articles of agreement and that any such measure must be taken in consultation with the parties concerned.

The Committee hopes that these consultations have begun and that, in its next report, the Government will indicate the progress made in the application of the above-mentioned provisions of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in the Government's report in reply to its previous comments and, in particular, that the new draft text to regulate labour at sea and on inland waterways which, according to the report on the application of Convention No. 73, has been adopted by the Legislative Assembly in plenary sitting, contains provisions relating to inshore fishing and coastal vessels which take up in part the provisions of Decision No. 603-04-118-ALCN of 1988 and Decision No. 614-257-ALCN of 1984, thereby giving effect to the Convention. The Committee would be grateful if the Government would supply a copy of the final text which was adopted.

Part IV of the Convention. Would the Government please indicate any consultations held in relation to the application of the Convention to existing fishing vessels.

Point V of the report form. See comments on Convention No. 92, as follows:

Point V of the report form. The Committee notes the information on the functioning of the inspection system to the effect that it has been strengthened in recent years and that 29 national and international companies are now authorized by the General Directorate for Consular and Shipping Affairs to issue technical certificates proving that the inspection required by the Convention has been carried out. The Committee also notes the statistical information for 1989-1991 provided with the report. It would be grateful if the Government would provide updated statistics as soon as it receives them from the Maritime Safety Office (SEGMAR) in New York.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government has transmitted to the Directorate General of Consular and Maritime Affairs the contents of its previous comments for necessary action. It trusts that the requirements of the technical cooperation project (UNDP/IMO-PAN/86/008 which aims to set up a system of practical training and examinations on safety and health on board ship) as to minimum age and experience will no longer be inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee again notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project, in order to ensure that the necessary measures are taken to apply the Convention. It urges the Government to include full details of further developments in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In the comments it has been making for several years, the Committee has drawn the Government's attention to the need to adopt measures for the application of Article 3, paragraph 4 (adequate provision in the national law to ensure that the fisherman has understood the agreement) and Article 6, paragraph 3(a), (d), (e), (f), (g) and (i) (particulars to be specified in the agreement) of the Convention. In its successive reports, the Government indicated that a new model fishermen's contract was being prepared and that a preliminary draft Bill for fishermen had been worked out with the cooperation of an ILO expert. This draft took account, in particular, of these provisions of the Convention. In 1988 the Government indicated that the Directorate-General of Consular and Maritime Affairs of the Ministry of Finance and Treasury would take the necessary measures once the system of engagement on board cargo ships had been defined. In its last report, the Government states that the above Directorate has not adopted any model fishermen's articles of agreement and that any such measure must be taken in consultation with the parties concerned.

The Committee hopes that these consultations have begun and that, in its next report, the Government will indicate the progress made in the application of the above-mentioned provisions of the Convention.

The Government is asked to report in detail for the period ending 30 June 1993.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 4, and Article 6, paragraph 3(a), (d), (e), (f), (g) and (i), of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that the Directorate General of Consular and Maritime Affairs of the Ministry of Finance will take the necessary measures once the system of work contracts on board cargo ships has been defined. The Committee hopes that the Government will be able to state in its next report that the necessary steps have been taken to give effect to these provisions of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with interest that a technical co-operation project (UNDP/IMO-PAN/86/008) is aiming to set up a system of practical training and examinations on safety and health on board ship, and in particular take account of the present Convention's requirements. The Committee has also noted, however, that some of the proposals in the project document as to the minimum age and experience for certification are inferior to the requirements of Articles 6, 7, 8 and 9 of the Convention. The Committee hopes that the project will not fail to give full weight to these requirements and that progress will soon be made in ensuring the application of the Convention. It notes that the Office's advisory services remain at the Government's disposal in relation to any draft legislation produced as a result of the project. The Committee trusts that the Government will include full details of further developments in its next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous observations and direct requests, the Committee notes with interest that Resolution No. 603-04-118-ALCN of 1988, approving Safety Regulations for fishing vessels of 24 metres and over, has made further provision for the maintenance of a system of regular inspection. The Government indicated in its report for the period ending 1988 that it hoped to implement the Convention in full within two years. It also referred to particular difficulties in applying the Convention to existing vessels.

The Committee notes that the new Regulations include provisions covering several of the items in Part III of the Convention, in addition to those dealt with in Resolution No. 614-257-ALCN of 1984. It proposes to consider the remaining questions at its next session. As for existing ships, the Committee has noted with interest the measures being taken by the Government; it hopes that the consultations provided for in Part IV of the Convention will be ensured in this connection.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 3, paragraph 4, and Article 6, paragraph 3(a), (d), (e), (f), (g) and (i), of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that the Directorate General of Consular and Maritime Affairs of the Ministry of Finance will take the necessary measures once the system of work contracts on board cargo ships has been defined. The Committee hopes that the Government will be able to state in its next report that the necessary steps have been taken to give effect to these provisions of the Convention.