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Repetition The Committee notes the Government’s reports on the application of Conventions Nos 112, 113, and 114 on the fishing sector. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on fishing, the Committee considers it appropriate to examine them together. The Committee requested the Government to clarify whether the Liberian Maritime Law, RLM 107 and the Liberian Maritime Regulations, RLM-108 were applicable to fishers. The Committee notes with regret that the Government has not provided the clarification requested in this regard.Therefore, recalling that for numerous years the Government has been requested to provide information on the applicability of existing legislation to fishers, the Committee once again requests the Government to indicate the measures adopted to give full effect to the provisions of the Conventions, taking into account the points raised in previous observations.Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Conventions.In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.
Repetition The Committee notes that in its reports sent on the application of a number of fishing Conventions the Government indicates that the Liberian Maritime Law, RLM 107 (hereinafter the “Maritime Law”) and the Liberian Maritime Regulations, RLM-108 (hereinafter the “Regulations”) were amended in 2013 addressing the Committee’s previous comments on the application of the Conventions, without providing any further information. Recalling that for more than 20 years the Government has been requested to provide information on the applicability of existing legislation to fishers and noting that it is not clear from the Government’s response whether there are adequate provisions in the amended texts to cover fishers, the Committee requests the Government once again to clarify this issue. In order to provide a comprehensive view of the issues to be addressed in relation to the application of the fishing Conventions, the Committee considers it appropriate to examine them in a single comment, as follows. Minimum Age (Fishermen) Convention, 1959 (No. 112) Article 1 of the Convention. Scope of application. Minimum age. The Committee notes that section 326(2) of the Maritime Law states that “persons under the age of 16 shall not be employed or work on Liberian vessels registered under this Title, except on vessels upon which only members of the same family are employed, school ships or training ships”. The Committee recalls that according to Article 2 of the Convention, children under the age of 15 years shall not be employed or work on fishing vessels. The Committee also recalls that the exclusion of vessels upon which only members of the same family are employed is not provided for under the Convention. The Committee further notes that according to section 290 of the Maritime Law, its Chapter 10 – which deals with merchant seamen and minimum age – only applies to persons engaged on board vessels of at least 75 net tons. Moreover, section 326 of the same chapter, fixing the minimum age at sea, only applies to vessels registered under the Maritime Law. In this connection, section 51 limits the registration procedure to specific vessels, namely: (a) vessels of at least 20 net tons, owned by a citizen or national of Liberia and engaged solely in coastwise trade between ports of the country or between those of Liberia and other West African countries; and (b) seagoing vessels of more than 500 net tons engaged in foreign trade, owned by a citizen or national of Liberia. The Committee recalls that pursuant to Article 1 of the Convention, the term “fishing vessel” includes all ships and boats, of any nature whatsoever, whether publicly or privately owned, which are engaged in maritime fishing in salt waters, with the only exception of fishing in ports and harbours or in estuaries of rivers, or to individuals fishing for sport or recreation. The Committee requests the Government to clarify whether Chapter 10 of the Maritime Law applies to fishers. If that is the case, recalling that the Convention applies to all fishing vessels irrespective of tonnage or of the fact that only members of the same family are employed, the Committee requests the Government to adopt the necessary measures without delay in order to give full effect to the Convention. If that is not the case, the Committee requests the Government to indicate the national provisions giving effect to the requirements of the Convention. Medical Examination (Fishermen) Convention, 1959 (No. 113) Application of the Convention. The Committee had previously requested the Government to provide clarifications on the applicable legislation to fishers with regard to medical certification. The Committee had noted the information provided by the Government that existing legislation only applied to fishing vessels of 500 tons or more. Recalling that the Convention applies to all fishing vessels irrespective of tonnage, the Committee had requested the Government to adopt the necessary measures to ensure that fishers employed on board fishing vessels of less than 500 tons are subject to the same medical certification requirements in accordance with the provision of the Convention. The Committee regrets to note that the Government has not provided a reply to its previous observation. The Committee therefore once again requests the Government to adopt without delay the necessary measures to give full effect to the provisions of the Convention. Fishermen’s Articles of Agreement Convention, 1959 (No. 114) Application of the Convention. In its previous comments, the Committee had requested the Government to explain how effect is given to the provisions of the Convention and to provide clarifications on the application of the existing legislation to fishing vessels. The Committee regrets to note that the Government provides no information in this regard. The Committee therefore once again requests the Government to adopt the necessary measures without delay to give full effect to the provisions of the Convention.
Repetition Article 3 of the Convention. Nature of medical examination and particulars to be included in the medical certificate. For many years the Committee has asked the Government to indicate whether certain provisions applicable to merchant vessels, i.e. the Requirements for Merchant Marine Personnel (RLM-118) and Maritime Regulation No. 10.325(2), also apply to fishing vessels. The Committee once again expresses the hope that the Government will provide full explanations regarding the applicability of the Liberian maritime laws and regulations to the medical examination of fishers. The Government is requested to indicate whether consultations with the fishing-boat owners’ and fishers’ organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate, as required by Article 3(1) of the Convention, and to provide particulars on how the age of the person to be examined and the nature of the duties to be performed are taken into account in prescribing the nature of the examination as required by Article 3(2).In addition, while noting the Subregional Seminar on the promotion of the Work in Fishing Convention, 2007 (No. 188), which was held in Accra in 2009 with the participation of tripartite representatives from Liberia, the Committee requests the Government to give all due attention to this new comprehensive instrument on the working and living conditions of fishers and to keep the Office informed of any decision that it may take with a view to its eventual ratification.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 3 of the Convention. Nature of medical examination and particulars to be included in medical certificate. For many years the Committee has asked the Government to indicate whether certain provisions applicable to merchant vessels, i.e. the Requirements for Merchant Marine Personnel (RLM-118) and Maritime Regulation No. 10.325(2), also apply to fishing vessels. The Committee once again expresses the hope that the Government will provide full explanations regarding the applicability of the Liberian maritime laws and regulations to the medical examination of fishermen. The Government is requested to indicate whether consultations with the fishing-boat owners’ and fishermen’s organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate as required by Article 3(1) of the Convention and to provide particulars on how the age of the person to be examined and the nature of the duties to be performed are taken into account in prescribing the nature of the examination as required by Article 3(2).
The Committee also draws the Government’s attention to the new Work in Fishing Convention, adopted by the International Labour Conference at its 96th Session (June 2007), which revises and updates most ILO instruments on fishing, including Convention No. 113. While noting the Subregional Seminar on the promotion of the Work in Fishing Convention, 2007 (No. 188), which was held in Accra from 27 to 30 October 2009, the Committee requests the Government to give all due attention to this new comprehensive instrument on the working and living conditions of fishers and to keep the Office informed of any decision that it may take with a view to its eventual ratification.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee also draws the Government’s attention to the new Work in Fishing Convention, adopted by the International Labour Conference at its 96th Session (June 2007), which revises and updates most ILO instruments on fishing, including Convention No. 113. While noting the Subregional Seminar on the promotion of the Work in Fishing Convention, 2007 (No. 188), which was held in Accra from 27 to 30 October 2009 for the English-speaking countries in West Africa, the Committee requests the Government to give all due attention to this new comprehensive instrument on the working and living conditions of fishers and to keep the Office informed of any decision that it may take with a view to its eventual ratification.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
For many years the Committee has asked the Government to indicate whether certain provisions applicable to merchant vessels, i.e. the Requirements for Merchant Marine Personnel (RLM-118) and Maritime Regulation No. 10.325(2), also apply to fishing vessels. The Committee again expresses the hope that the Government will provide full explanations regarding the applicability of the Liberian Maritime Laws and Regulations to the medical examination of fishermen. The Government is requested to indicate whether consultations with the fishing-boat owners’ and fishermen’s organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate as required by Article 3, paragraph 1, of the Convention and to provide particulars on how the age of the person to be examined and the nature of the duties to be performed are taken into account in prescribing the nature of the examination as required by Article 3, paragraph 2.
The Committee also draws the Government’s attention to the new Work in Fishing Convention, adopted by the International Labour Conference at its 96th Session (June 2007), which revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to give all due attention to this new comprehensive instrument on the working and living conditions of fishers and to keep the Office informed of any decision that it may take with a view to its eventual ratification.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
For many years the Committee has asked the Government to indicate whether certain provisions applicable to merchant vessels, i.e. Requirements for Merchant Marine Personnel (RLM-118) and Maritime Regulation No. 10.325(ii) also apply to fishing vessels. The Committee again expresses the hope that the Government will provide full explanations regarding the applicability of the Liberian Maritime Laws and Regulations to the medical examination of fishermen. The Government is requested to indicate whether consultations with the fishing-boat owners’ and fishermen’s organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate as required by Article 3, paragraph 1, and to provide particulars on how the age of the person to be examined and the nature of the duties to be performed are taken into account in prescribing the nature of the examination as required by Article 3, paragraph 2.
The Committee notes with regret that the Government's report has not been received. It must, therefore, repeat its previous observation on the following matters:
For many years the Committee has asked the Government to indicate whether certain provisions applicable to merchant vessels, i.e. Requirements for Merchant Marine Personnel (RLM-118) and Maritime Regulation No. 10.325(ii) also apply to fishing vessels. The Committee again expresses the hope that the Government will provide full explanations regarding the applicability of the Liberian Maritime Laws and Regulations to the medical examination of fishermen. The Government is requested to indicate whether consultations with the fishing-boat owners' and fishermen's organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate as required by Article 3, paragraph 1, and to provide particulars on how the age of the person to be examined and the nature of the duties to be performed are taken into account in prescribing the nature of the examination as required by Article 3, paragraph 2.
The Committee notes with regret that once again the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 2, 3, 4 and 5 of the Convention. The Committee notes the Government's reply to the comments it had been making for many years on the need for legislation to give effect to Article 2 (requirement of a physical fitness certificate for employment on a fishing vessel), Article 3 (nature of the medical examination), Article 4 (period of validity of certificates) and Article 5 (possibility of a further medical examination). The Government indicates that it is the Liberian Requirements for Merchant Marine Personnel (RLM-118) which gives effect to the Convention. It further states that Liberian Maritime Regulation 10.325(2) gives effect to the other provisions of the Convention. The Committee refers to its comments under Convention No. 112 regarding the applicability of the Liberian Maritime Laws and Regulations to fishing vessels. It hopes the Government will also provide full explanations regarding the applicability of the Liberian Maritime Laws and Regulations to the medical examination of fishermen. The Committee would also be grateful if the Government would indicate whether consultations with the fishing-boat owners' and fishermen's organizations concerned, if they exist, had taken place prior to the adoption of the applicable laws and regulations on the nature of the medical examination and the particulars to be included in the medical certificate as required by Article 3, paragraph 1. In addition the Committee would be grateful if the Government would provide particulars on how due regard is had to the age of the person to be examined and the nature of the duties to be performed, in prescribing the nature of the examination as required by Article 3, paragraph 2.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
[The Government is asked to report in detail in 1996.]
In its previous observations, it referred to the need for legislation to give effect to Article 2 of the Convention (requirement of a physical fitness certificate for employment on a fishing vessel), Article 3 (nature of the medical examination), Article 4 (period of validity of certificates) and Article 5 (possibility of a further medical examination). It hopes it will soon be possible to make progress in this respect.
Further to its general observation, the Committee notes with regret that the Government's report has not been received. In its previous observations, it referred to the need for legislation to give effect to Article 2 of the Convention (requirement of a physical fitness certificate for employment on a fishing vessel), Article 3 (nature of the medical examination), Article 4 (period of validity of certificates) and Article 5 (possibility of a further medical examination). It hopes it will soon be possible to make progress in this respect.
In its previous comments, the Committee noted from the Government's report that the proposed new Labour Law and the draft Decree, to which it had been referring in its reports for a number of years, had not yet been adopted. It trusts that these texts will be adopted in the near future and that they will give effect to Article 2 of the Convention (requirement of a physical fitness certificate for employment on a fishing vessel), Article 3 (nature of the medical examination), Article 4 (period of validity of certificates) and Article 5 (possibility of a further medical examination), and that the Government will provide a copy of the provisions adopted.
Further to its previous comments, the Committee notes from the Government's report that the proposed new Labour Law and the draft Decree, to which it has been referring in its reports for a number of years, have not yet been adopted. It trusts that these texts will be adopted in the near future and that they will give effect to Article 2 of the Convention (requirement of a physical fitness certificate for employment on a fishing vessel), Article 3 (nature of the medical examination), Article 4 (period of validity of certificates) and Article 5 (possibility of a further medical examination), and that the Government will provide a copy of the provisions adopted.