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.