Observación (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

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.