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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 1 of the Convention. Scope of application. The Committee notes with regret that, over 50 years after its ratification, the Convention has still not been given effect in its entirety. It recalls that, under the terms of 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. Only fishing in ports or in river estuaries, and individuals fishing for sport or recreation, are excluded from the scope of the Convention. However, the Committee observes that section 326 of the Maritime Act of Liberia, which establishes the minimum age for work on board vessels (including fishing vessels) at 15 years, only applies to vessels registered under the Act. Section 51 of the Maritime Act limits the registration procedure to certain types of vessels. This procedure is open to any vessel under 20 tonnes, the owner of which is a national of Liberia and which only makes voyages between Liberian ports or between Liberia and other West African countries, as well as any vessel of over 1,600 tonnes engaged in international trade, the constructor or owner of which is a national of Liberia. Furthermore, by virtue of section 290 of the Maritime Act, Chapter 10 of the Act, which covers seafarers and includes, among its provisions, the rules respecting minimum age, only applies to persons engaged on board vessels of at least 75 tonnes. The Committee wishes once again to draw the Government’s attention to the fact that the scope of the provisions of the national legislation respecting the minimum age required for work on board fishing vessels is much narrower than that of the Convention. The Committee urges the Government to adopt the necessary measures without further ado to bring its legislation into conformity with the Convention on this point. Finally, the Committee understands that the tripartite representatives of Liberia participated in a subregional workshop organized in Accra (Ghana) in October 2009 which was intended to promote the ratification of the Work in Fishing Convention, 2007 (No. 188). It requests the Government to keep the Office informed of any measures taken, in the context of the follow-up to this workshop, with a view to the ratification of Convention No. 188.
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 1 of the Convention. Scope of application. The Committee notes with regret that, 49 years after its ratification, the Convention has still not been given effect in its entirety. It recalls that, under the terms of 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. Only fishing in ports or in river estuaries, and individuals fishing for sport or recreation, are excluded from the scope of the Convention. However, the Committee observes that section 326 of the Maritime Act of Liberia, which establishes the minimum age for work on board vessels (including fishing vessels) at 15 years, only applies to vessels registered under the Act. Section 51 of the Maritime Act limits the registration procedure to certain types of vessels. This procedure is open to any vessel under 20 tonnes, the owner of which is a national of Liberia and which only makes voyages between Liberian ports or between Liberia and other West African countries, as well as any vessel of over 1,600 tonnes engaged in international trade, the constructor or owner of which is a national of Liberia. Furthermore, by virtue of section 290 of the Maritime Act, Chapter 10 of the Act, which covers seafarers and includes, among its provisions, the rules respecting minimum age, only applies to persons engaged on board vessels of at least 75 tonnes. The Committee wishes once again to draw the Government’s attention to the fact that the scope of the provisions of the national legislation respecting the minimum age required for work on board fishing vessels is much narrower than that of the Convention. The Committee urges the Government to adopt the necessary measures without further ado to bring its legislation into conformity with the Convention on this point. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services and, if such statistics are currently available, information on the number and nature of the contraventions reported and the measures taken as a consequence. It further requests the Government to indicate the number of fishing vessels and fishers who are currently excluded from the scope of application of the Convention.
Finally, the Committee understands that the tripartite representatives of Liberia participated in a subregional workshop organized in Accra (Ghana) in October 2009 which was intended to promote the ratification of the Work in Fishing Convention, 2007 (No. 188). It requests the Government to keep the Office informed of any measures taken, in the context of the follow-up to this workshop, with a view to the ratification of Convention No. 188.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Article 1 of the Convention. Scope of application. The Committee notes with regret that the Government’s very brief report does not reply to its previous observations and that, 49 years after its ratification, the Convention has still not been given effect in its entirety. It recalls that, under the terms of 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. Only fishing in ports or in river estuaries, and individuals fishing for sport or recreation, are excluded from the scope of the Convention. However, the Committee observes that section 326 of the Maritime Act of Liberia, which establishes the minimum age for work on board vessels (including fishing vessels) at 15 years, only applies to vessels registered under the Act. Section 51 of the Maritime Act limits the registration procedure to certain types of vessels. This procedure is open to any vessel under 20 tonnes, the owner of which is a national of Liberia and which only makes voyages between Liberian ports or between Liberia and other West African countries, as well as any vessel of over 1,600 tonnes engaged in international trade, the constructor or owner of which is a national of Liberia. Furthermore, by virtue of section 290 of the Maritime Act, Chapter 10 of the Act, which covers seafarers and includes, among its provisions, the rules respecting minimum age, only applies to persons engaged on board vessels of at least 75 tonnes. The Committee wishes once again to draw the Government’s attention to the fact that the scope of the provisions of the national legislation respecting the minimum age required for work on board fishing vessels is much narrower than that of the Convention. The Committee urges the Government to adopt the necessary measures without further ado to bring its legislation into conformity with the Convention on this point. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if such statistics are currently available, information on the number and nature of the contraventions reported and the measures taken as a consequence. It further requests the Government to indicate the number of fishing vessels and fishers who are currently excluded from the scope of application of the Convention.
Finally, the Committee understands that the tripartite representatives of Liberia participated in a subregional workshop organized in Accra (Ghana) in October 2009 which was intended to promote the ratification of the Work in Fishing Convention, 2007 (No. 188). It requests the Government to keep the Office informed of any measure that may be taken, in the context of the follow‑up to this workshop, with a view to the ratification of Convention No. 188.
[The Government is asked to reply in detail to the present comments in 2010.]
The Committee notes with regret that the Government’s report has not been received for the seventh consecutive time. It must therefore repeat its previous observation which read as follows:
The Committee notes that, under section 291 of the Liberian Maritime Law – Title II of the Liberian Code of Laws – a vessel means any vessel registered under Title II and a fishing vessel means a vessel used for catching fish, whales, seals, walrus and other living creatures at sea. Under section 326(1) of the Maritime Law the minimum age for admission to employment or work on Liberian vessels is 15 years.
The Committee notes that vessels eligible to be documented include, by virtue of section 51 of the Maritime Law, inter alia, vessels of 20 net tons and over engaged in coastwise trade between ports of Liberia or between those of Liberia and other West African nations; and seagoing vessels of more than 1,600 tons engaged in foreign trade. The Committee recalls in this connection that the Convention applies to fishing vessels which under the terms of Article 1 of the Convention include all ships and boats, of any nature whatsoever, whether publicly or privately owned which are engaged in maritime fishing in salt waters. The Committee hopes that the Government will provide information on measures taken or envisaged to apply the Convention to all fishing vessels coming under the purview of Article 1 of the Convention.
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. 112. 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.
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:
Further to its previous comments, the Committee notes that under section 291 of the Liberian Maritime Law – Title II of the Liberian Code of Laws – a vessel means any vessel registered under Title II and a fishing vessel means a vessel used for catching fish, whales, seals, walrus and other living creatures at sea. Under section 326(1) of the Maritime Law the minimum age for admission to employment or work on Liberian vessels is 15 years.
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 vessels eligible to be documented include by virtue of section 51 of the Maritime Law, inter alia, vessels of 20 net tons and over engaged in coastwise trade between ports of Liberia or between those of Liberia and other West African nations; and seagoing vessels of more than 1,600 tons engaged in foreign trade. The Committee recalls in this connection that the Convention applies to fishing vessels which under the terms of Article 1 of the Convention include all ships and boats, of any nature whatsoever, whether publicly or privately owned which are engaged in maritime fishing in salt waters. The Committee hopes that the Government will provide information on measures taken or envisaged to apply the Convention to all fishing vessels coming under the purview of Article 1 of the Convention.
Further to its previous comments, the Committee notes that under section 291 of the Liberian Maritime Law - Title II of the Liberian Code of Laws - a vessel means any vessel registered under Title II and a fishing vessel means a vessel used for catching fish, whales, seals, walrus and other living creatures at sea. Under section 326(1) of the Maritime Law the minimum age for admission to employment or work on Liberian vessels is 15 years.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Further to its previous comments, the Committee notes that under section 291 of the Liberian Maritime Law - Title II of the Liberian Code of Laws - a vessel means any vessel registered under Title II and a fishing vessel means a vessel used for catching fish, whales, seals, walrus and other living creatures at sea. Under section 326(1) of the Maritime Law the minimum age for admission to employment or work on Liberian vessels is 15 years. The Committee notes that vessels eligible to be documented include by virtue of section 51 of the Maritime Law, inter alia, vessels of 20 net tons and over engaged in coastwise trade between ports of Liberia or between those of Liberia and other West African nations; and seagoing vessels of more than 1,600 tons engaged in foreign trade. The Committee recalls in this connection that the Convention applies to fishing vessels which under the terms of Article 1 of the Convention include all ships and boats, of any nature whatsoever, whether publicly or privately owned which are engaged in maritime fishing in salt waters. The Committee hopes that the Government will provide information on measures taken or envisaged to apply the Convention to all fishing vessels coming under the purview of Article 1 of the Convention.
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:
Article 2, paragraph 1, of the Convention. Further to its previous comments regarding the absence of measures imposing minimum age of 15 years for employment in fishing vessels, the Committee notes the Government's statement in its most recent report that it now considers that Liberian Maritime Law and its sections 51(1) and 326(1) apply to fishing vessels, contrary to the position it had expressed since 1973 and the promises it had made to take measures to correct the situation. The Committee would be grateful if the Government would provide indications on the measures taken to apply the application of the provisions of the Maritime Law to fishing vessels.
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 Government is asked to report in detail in 1996.]
In its previous observations regarding Article 2, paragraph 1, of the Convention, the Committee noted that no minimum age of 15 years for employment in fishing vessels had yet been imposed. It hopes the necessary measures will be taken in the near future.
The Committee notes with regret that the Government's report has not been received. In its previous observations regarding Article 2, paragraph 1, of the Convention, the Committee noted that no minimum age of 15 years for employment in fishing vessels had yet been imposed. It hopes the necessary measures will be taken in the near future.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Article 2, paragraph 1, of the Convention. With reference to its previous observations, the Committee notes that the Government again refers in its report to the draft Labour Law, which contains a provision intended to give effect to this Article of the Convention. The Committee recalls that the Government had also communicated a draft decree containing a provision to the same effect. It trusts that a suitable text will shortly be adopted and that the Government will communicate a copy.