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Panama in MLC controversery over cadet exclusion

Panama in MLC controversery over cadet exclusion
As part of the implementation of the Maritime Labour Convention (MLC) 2006, Panama Ship Registry has issued Circular 265 in which it defines who will benefit from MLC 2006’s welfare and labour standards and the 12 professions that should not be considered seafarer under labour regime, including cadets.

The measure has caught the attention of the International Transport Workers Federation (ITF) which considers that it is unfair and may discourage cadets from joining the seafarer profession.  The ITF said that it has received complaints from unions that challenge Panama’s interpretation.

In Panama’s Merchant Marine Notice 265, the Ship Registry defines a cadet as “an aspiring merchant marine officer, whose training programme includes the improvement of academic and professional skills, as well as the formation of attitudes and behaviours under the observance and strict compliance of rules and regulations and existing orders”. The other forms of employment not considered as a “seafarer” by Panama include superintendents, researchers, technical staff working on offshore drilling platforms and specialist offshore technicians whose work is not part of the routine operation of the ship.

Panama is the world’s largest register with over 400,000 seafarers on board of Panamanian-flagged vessels. It was also one of the first nations to ratify MLC 2006 and its support has been important in the ratification of the convention that entered force on 20 August, this year.

“We hold consultations with Panama’s Tripartite Commission –government, private sector (ship owners) and labour representatives- during the implementation process [of MLC 2006],” said Alfonso Castillero, the Panama Maritime Authority (AMP) director of merchant marine and head of the Panama Register. “Panama decided that what is not explicit [in MLC 2006] had to be taken to the Tripartite Commission and that was the interpretation given by Panama’s Tripartite Commission,” he explained.

Shipping sources told Seatrade Global that shipowners from Japan, Korea and Greece which constitute nearly three quarters of Panama’s fleet were reluctant to see cadets included in the seafarers.

Although Panama is not the only flag to exclude cadets from the seafarers, there are differences in the interpretation of MLC 2006.

“We are going to begin conversations to listen to the ITF’s points of view,” said Castillero. “The best would be that the ILO discusses the issue in its plenum, and we will comply with the ILO decision about the issue” he added.