Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Trinidad and Tobago (Ratification: 1972)

Other comments on C125

Observation

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Implementing legislation on fishers’ competency certificates. Noting the absence of laws and regulations giving effect to the requirements of the Convention, the Committee urged the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates. The Committee notes the Government’s indication in its report that it seeks to address such issues in the new draft Shipping Bill, which was completed in 2020 and which is presently before a Joint Select Committee of Parliament. The Bill specifically provides at Clause 135 (as presently numbered) for the issuance of Certificates of Competency to all seafarers on all Trinidad and Tobago ships, inclusive of fishing vessels. The Clause further provides for the manner of application, the evidence of experience and training requirements needed for applicants, and the conditions and endorsements issuable by the Maritime Administration upon issue. The Government adds that with the passage of the Bill, this enabling clause shall form the basis upon which regulations implementing the provisions of the Convention can be drafted and formally promulgated. Finally, the Government indicates that upon recent examination of the Bill, it was noted that while provision is made generally for a “master”, that is “a person in command or charge of a ship”, there is no specific reference to a “skipper”, being the term used in the Convention as “a person in charge of a fishing vessel”. In this regard, a recommendation shall be made to the Joint Select Committee of Parliament that the definition of “master” be expanded to include the skipper of a fishing vessel. The Committee notes this information and expects that all necessary measures will be adopted without any further delay to give full effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the relevant provisions once adopted.