ILO Adopts New Labour Standards For Fishing Sector

Innovative new labour standards designed to improve the conditions for roughly 30 million men and women working in the fishing sector worldwide were adopted today at the 96th annual conference of the International Labour Organization (ILO).

“Fishing is a unique way of life”, said Captain Nigel Campbell (South Africa), Chairperson of the Conference Committee that prepared the final version of the Convention. “This new Convention reflects not only this uniqueness but the demands of globalization in an ever expanding sector that exposes men and women to considerable hardships and danger.”

The new ILO Convention was adopted by government, worker and employer delegates at the International Labour Conference by a vote of 437 for, 2 against, with 22 abstentions. The Convention, to be known as The Work in Fishing Convention, 2007 (No.188), will come into effect when it is ratified by 10 (including eight coastal nations) of the ILO’s 180 member States. An accompanying Recommendation (No. 199) was adopted by a vote of 443 for, 0 against, with 19 abstentions.

The new standards contain provisions designed to ensure that workers in the fishing sector:

* have improved occupational safety and health and medical care at sea, and that sick or injured fishers receive care ashore;

* receive sufficient rest for their health and safety;

* the protection of a work agreement; and,

* the same social security protection as other workers.

Its provisions also are aimed at ensuring that fishing vessels are constructed and maintained so that workers in the sector have living conditions on board that reflect the long periods they often spend at sea.

The Convention also puts in place a mechanism to ensure compliance with, and enforcement of, its provisions by States and provides that large fishing vessels on extended voyages may be subject to inspections in foreign ports to ensure that the fishers on board do not work under conditions that are hazardous to their safety and health. This latter provision aims to help remove from the seas vessels with unacceptable working and living conditions, that operate to the detriment of responsible operators.

Recognizing that many countries might not initially have the institutions or infrastructure in place to immediately implement all of its provisions, the Convention provides an innovative legal mechanism that will allow States to progressively implement certain of its provisions. The aim is to encourage States to ratify at an early date and to put in place a plan aimed at eventually extending protection to all fishers. This flexible yet focused approach will stimulate consultations at the national level – in all countries – to review or establish national laws, regulations and other measures affecting fisher’s lives.

According to an ILO report on conditions of work in the fishing sector, there are considerable differences in the sizes of fishing vessels and fishing operations in this global sector. This ranges from simple, small vessels that operate close to shore for limited periods to large vessels, exceeding 140 metres in length, that work far from land for months on end.

Many of those who make their living in this sector are paid, in whole or part, based on the share of the catch, the report says, adding that many are self-employed or considered self-employed under national legislation.

The report also says that fishing is well-documented as one of the most hazardous occupations. Hazards arise from the power of the sea, the nature of catching and processing fish, and from the sustained and often fatiguing effort necessary in the face of the unpredictability of finding and harvesting marine resources.

Fishing, whether industrial or small-scale, is facing the forces of globalization, the report says, adding that fish that were once locally consumed are now often being processed and shipped to restaurants and consumers half-way around the world. As a result, in some areas fishers have to go farther and farther from the coast to reach marine resources.

These challenges make it increasingly important – for fishers, fishing vessel owners, related industries and consumers – to ensure that the fishing sector is subject to labour legislation that will protect fishers and will help make this essential profession attractive and sustainable, the report says.

“The importance of consultation among governments and representatives of fishing vessel owners and fishers is a vital element of the Convention and is reflected throughout its provisions. In fact, it was only through such dialogue, involving representatives from the fishing sector itself, that agreement could be reached on instruments that provide comprehensive labour protection for fishers”, said Captain Campbell.

ILO Director-General Juan Somavia commended all who had worked on the new Convention, C.188, noting the extraordinary level of collaboration among governments and worker and employer representatives in drafting this instrument.

“Extending the net of social protection and decent work to fishers is an important part of the ILO’s commitment to social justice”, he said. “In the fishing sector many people face extraordinary and unpredictable hazards, often working long hours in harsh conditions to bring food to our markets. This new instrument will help protect them against exploitation.”

The next step following the adoption of the Convention by the International Labour Conference is for member States to put the measure to their national authorities for ratification.

At the record vote for the adoption of the the Work in Fishing Convention, 2007, during the 96th Session of the International Labour Conference 2007, Geneva, on Thursday, 14 June 2007, the Convention was adopted at 11.30 am with 437 votes in favour, 2 against and 22 abstentions. Since the quorum of the meeting was 296 and since two-thirds majority was 293, the Convention was formally adopted by the Conference. In the voting that followed later, the Recommendation on the Work in Fishing Convention, 2007, was also adopted with 443 votes in favour, none against and 19 abstentions.

The results of the record vote show that all the South Asian governments and trade unions have voted for the Convention and Recommendation. These include the governments of Bangladesh, India, Pakistan and Sri Lanka. China and Thailand also voted for the Convention. The notable government abstentions are from Southeast Asia and Latin America. These are the Philippines, Indonesia and Malaysia, as well as Peru, Mexico, Colombia, Venezuela and Uruguay.

ENDS

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