Fishermen's Competency Certificates Convention, 1966 (No. 125) - French Polynesia

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Articles 7, 8 and 9 of the Convention. Professional experience required. In its previous comments, noting the Government’s indication that a comprehensive reform of the rules concerning the qualifications required for exercising command of fishing vessels was being undertaken by the Polynesian Directorate of Maritime Affairs, the Committee requested the Government to ensure that all the provisions of the Convention, including with regard to professional experience required for competency certificates, would be fully implemented in the context of the planned reform. The Committee notes that, in its report, the Government refers to the adoption of Order No. 301 CM of 24 February 2014 on maritime vocational training on fishing and the issuance of certificates necessary for working on board fishing vessels in French Polynesia. The Government also indicates that the Order is supplemented by regulatory provisions specific to each position (seafarer, skipper and master). The Government adds that the new system, which is still being implemented, takes into account the requirements of the Convention by incorporating: (i) the voluntary and gradual application of the training standards set out in the Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F), although this Convention has not yet been ratified by France; (ii) the establishment of training and examination standards for maritime vocational training certificates for fishing by incorporating, on a voluntary basis, modules of the STCW-F, particularly in relation to safety; (iii) the implementation of a prior accreditation process for any training institution providing maritime vocational training; (iv) the requirement to hold a maritime vocational training certificate in order to join a fishing vessel, taking into account the work performed; (v) the requirement to demonstrate a minimum of professional experience for the issue of each certificate; (vi) a mandatory minimum age for the issue of a certificate; and (vii) the recognition of professional experience through an equivalence table. The Committee notes this information with interest and requests the Government to provide information on the final stages of the implementation of this new mechanism.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee notes the adoption of the Order No. 301 CM of 24 February 2014 on maritime vocational training on fishing and issuance of certificates necessary for working on board fishing vessels in French Polynesia. The Committee will examine this new Order at its next session. For this purpose, the Committee hopes to be able to rely on the Government’s report on the application of the Convention.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee notes the adoption of the Order No. 301 CM of 24 February 2014 on maritime vocational training on fishing and issuance of certificates necessary for working on board fishing vessels in French Polynesia. The Committee will examine this new Order at its next session. For this purpose, the Committee hopes to be able to rely on the Government’s report on the application of the Convention.

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The Committee notes that the Government’s report has not been received.

The Committee however notes the adoption of the Order No. 301 CM of 24 February 2014 on maritime vocational training on fishing and issuance of certificates necessary for working on board fishing vessels in French Polynesia. The Committee will examine this new Order at its next session. For this purpose, the Committee hopes to be able to rely on the Government’s report on the application of the Convention.

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Articles 7, 8 and 9 of the Convention. Professional experience required. Further to its previous comment, the Committee notes the adoption of Order No. 238 CM of 25 February 2011 amending joint State/Territory Order No. 235 of 9 March 1989 concerning conditions for the exercise of command and officers’ duties on board commercial and fishing vessels in French Polynesia. It also notes the Government’s indications that requirements regarding professional experience must be modified in order to comply with the provisions of the Convention. According to the Government’s report, a comprehensive reform of the rules concerning the qualifications required for exercising command of fishing vessels is being undertaken by the Polynesian Directorate of Maritime Affairs. The Committee hopes that all the provisions of the Convention, including with regard to professional experience required, will be fully implemented in the context of the planned reform and requests the Government to keep the Office informed of any new developments in this area. The Government is also requested to send a copy of Order No. 238 CM.

Part V of the report form. Application in practice. The Committee notes the information sent by the Government concerning the composition of the fishing fleet registered on the territory of French Polynesia and the number of fishers by age group. The Committee requests the Government to continue to supply information on the application of the Convention in practice, especially regarding any infringements of the provisions of the Convention recorded by the labour inspectorate and the corrective measures taken.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 7, 8 and 9 of the Convention. Professional experience required. The Committee notes that in reply to its previous comment, the Government confirms that the applicable regulations do not lay down any minimum professional experience required for the issue of a mate’s certificate. It also notes that the minimum requirements for experience laid down by joint state/territory Order No. 235 of 9 March 1989 concerning conditions for the exercise of command and officers’ duties on board commercial and fishing vessels in French Polynesia, for skipper’s and engineer’s certificates respectively, are lower than those laid down by the Convention. It notes in this regard that, pursuant to section 5, point I.2, of the above joint order, the professional experience required is 36 months for the maritime fishing skipper’s certificate (subsection (c)) and 24 months for the fishing skipper’s certificate (subsection (e)). With regard to engine-room duties, the Committee notes that the required experience is 24 months of sea service in the engine-room for the 2,944 kW engineer officer’s certificate and 12 months for the 736 kW engineer officer’s (officier motoriste) certificate and for the 220 kW engineer rating’s (motoriste) certificate (section 5, point II(a), (b) and (c)). Finally, the Committee notes the information supplied by the Government according to which a reform of these regulations is planned but necessitates the adoption of a new decree by the French metropolitan authorities. The Committee reiterates that the minimum professional experience required by the legislation must not be less than three years for the mate’s certificate (Article 7 of the Convention), four years for the skipper’s certificate (Article 8) and three years for the engineer’s certificate (Article 9). The Committee hopes that the Government will adopt the necessary measures in the near future to bring its legislation into conformity with the Convention and requests it to keep it informed of all new developments.

Part V of the report form. Practical application. The Committee notes the statistical information supplied by the Government concerning the fishing fleet and asks it to continue supplying general information on the way in which the Convention is applied in practice, in particular as regards the number of persons covered by the Convention and the number of certificates in different categories issued each year. In addition, the Committee notes the information supplied by the Government according to which any observations from the representative organizations of employers and workers will be sent in the near future, accompanied by a summary record of the tripartite meeting during which this report will be presented. The Committee asks the Government to send a copy of the summary record of this tripartite meeting, and also of any observations made by the employers’ and workers’ organizations.

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Articles 7, 8 and 9 of the Convention. Professional experience required. The Committee notes that in reply to its previous comment, the Government confirms that the applicable regulations do not lay down any minimum professional experience required for the issue of a mate’s certificate. It also notes that the minimum requirements for experience laid down by joint state/territory Order No. 235 of 9 March 1989 concerning conditions for the exercise of command and officers’ duties on board commercial and fishing vessels in French Polynesia, for skipper’s and engineer’s certificates respectively, are lower than those laid down by the Convention. It notes in this regard that, pursuant to section 5, point I.2, of the above joint order, the professional experience required is 36 months for the maritime fishing skipper’s certificate (subsection (c)) and 24 months for the fishing skipper’s certificate (subsection (e)). With regard to engine-room duties, the Committee notes that the required experience is 24 months of sea service in the engine-room for the 2,944 kW engineer officer’s certificate and 12 months for the 736 kW engineer officer’s (officier motoriste) certificate and for the 220 kW engineer rating’s (motoriste) certificate (section 5, point II(a), (b) and (c)). Finally, the Committee notes the information supplied by the Government according to which a reform of these regulations is planned but necessitates the adoption of a new decree by the French metropolitan authorities. The Committee reiterates that the minimum professional experience required by the legislation must not be less than three years for the mate’s certificate (Article 7 of the Convention), four years for the skipper’s certificate (Article 8) and three years for the engineer’s certificate (Article 9). It hopes that the Government will adopt the necessary measures in the near future to bring its legislation into conformity with the Convention and requests it to keep it informed of all new developments.

Part V of the report form. The Committee notes the statistical information supplied by the Government concerning the fishing fleet and asks it to continue supplying general information on the way in which the Convention is applied in practice, in particular as regards the number of persons covered by the Convention and the number of certificates in different categories issued each year. In addition, the Committee notes the information supplied by the Government according to which any observations from the representative organizations of employers and workers will be sent in the near future, accompanied by a summary record of the tripartite meeting during which this report will be presented. The Committee asks the Government to send a copy of the summary record of this tripartite meeting, and also of any observations made by the employers’ and workers’ organizations.

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The Committee notes the information provided in the Government’s report and wishes to receive further details on the following matters.

Articles 7, 8 and 9 of the Convention. The Committee recalls that the minimum professional experience required by the Convention shall be not less than: three years’ sea service engaged in deck duties for the issue of a mate’s certificate; not less than four years’ sea service engaged in deck duties for the issue of a skipper’s certificate; and not less than three years’ sea service in the engine-room for the issue of an engineer’s certificate. The Committee notes that the Government’s report does not indicate the minimum professional experience required by national legislation for the issue of a mate’s certificate. It also notes that the minimum professional experience required to obtain the grades of skipper and engineer are 36 months and 24 months, respectively. The Committee therefore asks the Government to supply clarification on this matter. Furthermore, the Government is asked to supply in its next report copies of Orders Nos. 235 of 9 March 1989 and 890 of 18 August 1995 laying down the conditions for exercising command as a deck officer on board trade and fishing vessels in French Polynesia.

Part V of the report form. The Committee requests the Government to supply in its next report specific information on the application of the Convention in practice, for example, statistics on the composition and capacity of the fishing fleet, the number of posts in the sector, reports of the labour inspection services, the number and type of offences recorded and the action taken on them, the number of certificates of competency in the various categories issued in the year as well as any other information which would enable the Committee to better assess the conformity of national law and practice with the requirements of the Convention.