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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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)

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 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 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.

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.]

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 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.]

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.