Overview of the ILO Work in Fishing Convention, 2007 (No. 188)

Similar documents
IUU Fishing and the rights of work in international law. Mazara del Vallo, 1 December note from. Brandt Wagner. Senior Maritime Specialist

The gap analysis should include copies of all relevant legal texts (including texts in the original language).

ILO MARITIME LABOUR CONVENTION, 2006 What are the obligations and how to comply

Official Journal of the European Union DIRECTIVES

Maritime Labour Convention 2006 (MLC)

ILO Convention (No. 178) concerning the Inspection of Seafarers' Working and Living Conditions

13th High Level Meeting between the International Labour Office and the European Commission. Joint Conclusions. Geneva, January 2017

Edinburgh Research Explorer

Final report of the discussion

(d) Follow-up to the resolution concerning tonnage measurement and accommodation adopted by the 96th Session of the International Labour Conference

Preparatory Tripartite MLC, 2006 Committee

Transition from the informal to the formal economy

C147 Merchant Shipping (Minimum Standards) Convention, 1976

Resolutions adopted by the International Labour Conference at its 94th (Maritime) Session

REPORT FORM MARITIME LABOUR CONVENTION, 2006, AS AMENDED (MLC, 2006)

MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION *

Highlights of Progress on Labour related issues in Fisheries Sector

TRACECA Workshop Ratification of Conventions Part 1 - Background

LABOUR MIGRATION IN ASIA ROLE OF BILATERAL AGREEMENTS AND MOUs

RAS/16/11/USA SEA Fisheries: Strengthened Coordination to Combat Labour Exploitation and Trafficking in Fisheries in Southeast Asia

The International Labour Organisation, ILS and Labour Law in Asia (ASEAN) Jajoon Coue Specialist International Labour Standards and Labour Law

[12] International Cooperation

Governing Body Geneva, March 2002 LILS/WP/PRS. Follow-up to the recommendations of the Working Party

Reflection on the International Labour Organization Multilateral Framework on Labour Migration

1. International Labour Standards

[12] International Cooperation

Governing Body 333rd Session, Geneva, 9 June 2018

Work in the fishing sector

Ethical issues impacting on the UK seafood supply chain. Roger Plant, Ethics Consultant

MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE ASIA-PACIFIC REGION *

PSI Forum & Federation Symposia. ILO Action towards prevention of occupational non-communicable diseases

Terms of Reference of the ASEAN Labour Inspection Conference

International Labour Convention Ratified by Guyana

Governing Body 328th Session, Geneva, 27 October 10 November 2016

Occupational Safety and Health Convention, C155, and its Protocol of 2002

Ethical issues impacting on the UK seafood supply chain

Governing Body Geneva, March 2008 LILS FOR DECISION. Other legal issues

Keynote Address Ms Linda Wirth Seminar on the Maritime Labour Convention (MLC 2006) 15 January 2009

4,324 migrants in Malaysia and Thailand have received counselling, information, education or training on safe migration and rights at work

Outlines and arrangement for the Maritime Labour Convention, 2006

A Rights- based approach to Labour Migration

C189 - Domestic Workers Convention, 2011 (No. 189)

International Labour Organization C177. Home Work Convention, 1996 (No. 177) R184. Home Work Recommendation, 1996 (No. 184)

CHILE NORTH AMERICA. Egypt, Israel, Oman, Saudi Arabia and UAE. Barge service: Russia Federation, South Korea and Taiwan. USA East Coast and Panama

Paid Vacations (Seafarers) Convention, 1946

VACANCY ANNOUNCEMENT

The Domestic Workers Convention and Recommendation, 2011 An overview. George Politakis Decent Work for Domestic Workers, ITCILO, 8-12 July 2013

KINGDOM OF CAMBODIA NATION RELIGION KING 3 TOURISM STATISTICS REPORT. September 2010

Transformation of Women at Work in Asia

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

ILO ROAP. GAPfish. Global Action Programme against forced labour and trafficking of fishers at sea

SRM TWG working paper 1: Defining the programme of work

SEAFARERS WELFARE. A presentation by the International Labour Office Geneva, Switzerland

Asian Labor Migration: The Role of Bilateral Labor and Similar Agreements 1

3-1. Provisional Record. Seventh item on the agenda: Maritime matters

SOCIAL DIALOGUE IN PORT REFORM

COMMISSION OF THE EUROPEAN COMMUNITIES

Free Trade Agreements (FTA) and Global Framework Agreements (GFA) Pong-Sul Ahn ILO ROAP, Bangkok

ASEAN Trade Union Council (ATUC) Inter-Union Cooperation Agreement: A Strategy to Promote Decent Work

Provisional Record 20 Ninety-fifth Session, Geneva, 2006

Immigration policies in South and Southeast Asia : Groping in the dark?

The 1982 United Nations Convention on the Law of the Sea and maritime safety in the fishing sector

FACT SHEET on the International Labour Organization (ILO) AI Index: IOR 42/004/2002

PRESENTATION TO THE PARLIAMENTARY PORTFOLIO COMMITTEE BY THE DEPARTMENT OF LABOUR

Improving OSH in mining. Martin Georg Hahn International Labour Office

ASEAN & the South China Sea Disputes

Reporting obligations on ILO Conventions and Recommendations. With focus on Conventions ratified by Trinidad and Tobago

KINGDOM OF CAMBODIA NATION RELIGION KING 3 TOURISM STATISTICS REPORT. March 2010

THE ILO MANDATE AND PROGRAMME OF WORK RELATED TO SMALL ISLAND DEVELOPING STATES

International Standards on Migrant Workers: Issues and Protection Challenges

Governing Body 326th Session, Geneva, March 2016

BELIZE INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS ACT CHAPTER 304:01 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

RIGHTS, LABOUR MIGRATION AND DEVELOPMENT: THE ILO APPROACH

Reporting on ILO Standards Guide for Labour Officers in Pacific Island Member States

ILO in Indonesia: A Glimpse

Governing Body 312th Session, Geneva, November 2011

Global Trends in Location Selection Final results for 2005

ZACATECAS DECLARATION 15 October 2004

MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL IN THE BLACK SEA REGION

Article 5 (click) Article 6 (click)

The ILO s work on social dialogue and tripartism

Tripartite Regional Meeting on Employment in the Tourism Industry for Asia and the Pacific. Bangkok, September 2003.

Executive summary... iii. Chapter 1. Research approach Background Research objectives... 1

Facts and Figures: Thailand s Tangible Progress in Combatting IUU Fishing and Forced Labour

Thailand Taking Action against Illegal, Unreported and Unregulated Fishing (IUU) (Continued)

The Minutes of the 5th meeting of the Committee on Trade and Sustainable Development under the EU-Korea FTA, 24 March 2017, in Brussels

Non-Traditional Maritime Security Cooperation in Southeast Asia

AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

PROTECTION FOR MIGRANT FISHERS DURING RECRUITMENT & EMPLOYMENT

May 1. Draft Migrant Worker Management Act, B.E, used in hearing. Migrant workers and dependents, June 2017

ILO and International instruments that can be used to protect Migrants rights in the context of HIV/AIDS Marie-Claude Chartier ILO/AIDS

Resolution LEG.3(91) adopted on 27 April 2006 ADOPTION OF GUIDELINES ON FAIR TREATMENT OF SEAFARERS IN THE EVENT OF A MARITIME ACCIDENT

Abrogation of four and withdrawal of two international labour Conventions

INTERNATIONAL TRAINING WORKSHOP ON THE IMPLEMENTATION OF CEDAW MIGRANT DOMESTIC WORKERS IN TAIWAN. By : Hope Workers Center, Regina Fuchs OUTLINE

ELIMINATING HUMAN RIGHTS ABUSES IN THE FISHERY INDUSTRY

Thailand s Progress and Development on Anti- Human Trafficking in

29 May 2017 Without prejudice CHAPTER [XX] TRADE AND SUSTAINABLE DEVELOPMENT. Article X.1. Objectives and Scope

The role of ASEAN labour attachés in the protection of migrant workers

geography Bingo Instructions

Hidden Chains. Recommendations

Transcription:

Overview of the ILO Work in Fishing Convention, 2007 (No. 188) Brandt Wagner Regional Meeting on Work in Fishing 12-13 September 2013 Aston Hotel Makassar, Indonesia Sectoral Activities Department 1

2

What I will talk about Reasons ILO adopted the Work in Fishing Convention, 2007 (No. 188) Main contents of the Convention What is being done to help countries ratify and implement the Convention How the Convention helps migrant fishers 3

Concept of Decent Work Decent Work decent and productive work, in conditions of freedom, equity, security and human dignity 4

Conditions of work in fishing Challenging marine environment Labour intensive Dangerous equipment and machinery Long periods at sea Fatigue Complex employment relationships 5

Issues Fishers often excluded from protection provided to other workers Laws for protecting fishers have not always been clear or appropriate 6

Aim Decent Work for Fishers decent and productive work, in conditions of freedom, equity, security and human dignity 7

Aim Environmental Justice Foundation (EJF) 8

ILO means of action Research Forum for international, tripartite discussion Advocacy Technical advisory services Technical cooperation International labour standards 9

International labour standards For all workers For specific issues For specific sectors ILO Conventions - binding ILO Recommendations - guidance 10

ILO and the fishing sector Fishing standards since 1920 11

Fishing sector today Increasingly globalized sector More migrant fishers 12

Most fishers are in or from Asia Capture fishers by region in 2010 Asia Africa Latin America and the Caribbean Europe North America Oceania Source: FAO (2012) 13

8 of 10 important fishing countries in Asia Top 10 countries by motorized fishing fleet Source: FAO (2010) 1. China 2. Indonesia 3. Japan 4. Philippines 5. India 6. Vietnam 7. Mexico 8. United States 9. Republic of Korea 10. Cambodia Top 10 countries by marine capture fishers 1. China 2. Indonesia 3. Philippines 4. Vietnam 5. India 6. Myanmar 7. Brazil 8. Taiwan (China) 9. Egypt 10. Thailand 14

Adoption of a standard for fishing Work in Fishing Convention, 2007 (No. 188) votes of 437 for, 2 votes against and 22 abstentions 15

Adoption of a standard for fishing Taking into consideration fundamental principles and rights at work Recalling the United Nations Convention on the Law of the Sea 16

Objective of C.188 To ensure that fishers have decent conditions of work on board fishing vessels with regard to... minimum requirements for work on board fishing vessels conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. 17

Provisions of C.188 Medical Minimum Conditions care, requirements of health service Accommodation protection for work and on social board and food security fishing vessels Medical Minimum Manning care and age hours of rest Crew Occupational list safety and health Fisher s and accident work protection agreement Medical Repatriation Social security examination Recruitment Protection in and the placement case of workrelated sickness, Payment of fishers injury or death Compliance and enforcement 18

Scope of C.188 This Convention applies to all fishersand all fishing vessels engaged in commercial fishing operations. 19

Stringency of C.188 Higher standards and more specific requirements for vessels of 24 metres in length and over, or remaining more than three days at sea. 24 m Less stringent and less specific standards for vessels under 24 metres in length or at sea for less than three days. < 24 m 20

Flexibility Provides flexibility of implementation to account for the global diversity of fishing operations and capacities of countries. Exclusion possibility Inland fishing vessels Limited fishers or fishing vessels Progressive implementation Specific provisions listed Not allowed for particular fishing vessels Substantial equivalence Certain hours of rest provisions Certain accommodation provisions 21

Consultation 22

Governments Implement and enforce laws, regulations or other measures adopted to fulfil commitments under C.188. Designate the competent authority or authorities and establish mechanisms for coordination among relevant authorities. 23

Fishing vessel owners, skippers, fishers Fishing vessel owners Ensure skippers are provided with the resources and facilities to comply with C.188. Not constrain the professional judgment of the skipper regarding the safety of the vessel or the safety of the fishers on board. Skippers Responsible for the safety of the fishers and the safe operation of the vessel. Fishers Comply with the lawful orders of the skipper and applicable safety and health measures. 24

Main provisions of C.188 Minimum age 16 years of age 18 years of age if dangerous work Medical examination Fishers require a valid medical certificate 25

Main provisions of C.188 Manning and hours of rest Vessels are manned for safe operation and navigation Fishers are given rest of sufficient length for safety and health Crew list Vessels require a crew list Fisher s work agreement Fisher s must have the protection of a work agreement Minimum particulars to be included are set out in Annex II Repatriation Fishers are entitled to repatriation Cost to be borne by the fishing vessel owner 26

Main provisions of C.188 Recruitment and placement Private recruitment and placement services must be licensed Prohibits private services from deterring fishers and requiring fees or charges Payment of fishers Monthly or regular payment Means to transmit payment to families at no cost Accommodation and food Accommodation must be of sufficient size and quality Food and potable water must be of sufficient quality and quantity Food and water must be provided by the vessel owner at no cost to the fisher 27

Main provisions of C.188 Medical care Vessels must carry appropriate medical equipment and supplies At least one fisher on board trained in first aid Vessels to be equipped with radio or satellite communications Fishers have the right to be treated ashore in a timely manner 28

Main provisions of C.188 Occupational safety and health and accident protection To ensure prevention occupational accidents, diseases and work-related risks Training on handling of fishing gear Reporting and investigation of accidents Special consideration for fishers under 18 years old Setting up of joint committees on OSH Risk evaluation to be conducted Social security Fishers are entitled to social security benefits Protection in the case of work-related sickness, injury or death Fishers must have access to appropriate medical care and compensation 29

Main provisions of C.188 Compliance and enforcement Flag State responsibilities Each Member shall effectively exercise its jurisdiction and control over vessels that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention Must establish an effective system for inspection and appoint a sufficient number of qualified inspectors Must issue a valid document stating the vessel has been inspected and complies with the Convention for vessels at sea for more than 3 days and either: OR 24m > 200 nm 30

Main provisions of C.188 Port State control Complaints procedures Principle of no more favourable treatment 31

Benefits Secures fair competition Improves working conditions Promotes social dialogue Improves contribution to the economy Facilitates coordination amongst relevant ministries and authorities Contributes to addressing other fisheries issues 32

Addressing forced labour and trafficking Inspecting vessels to see that: all fishers are on the crew list all fishers have a work agreement occupational safety and health protection medical supplies and equipment child labour (minimum age) 33

Addressing forced labour and trafficking Recruitment and placement services: No paying for job No blacklisting Regulation of private recruitment and placement services 34

ILC Resolutions Resolution concerning promotion of the ratification of the Work in Fishing Convention, 2007 (No. 188) Resolution concerning port State control Resolution concerning tonnage measurement and accommodation Resolution concerning promotion of welfare for the fishers 35

Follow up Seminars Workshops Tools Meetings Technical cooperation projects 36

Promotion of C.188 Tools and materials www.ilo.org/fishing 37

Promotion of C.188 Inter-agency cooperation (draft) 38

Promotion of C.188 Global Dialogue Forum for the Promotion of the Work in Fishing Convention, 2007 (No. 188) Important social and labour issues in the fishing sector Contribution of C.188 to addressing these issues Sharing of experiences concerning the process towards implementation and ratification of C.188 Recommendations for future actions by the International Labour Organization and its Members www.ilo.org/fishing 39

Entry into force 12 months after ten ratifications by ILO member States 40

Ratifications of C.188 Ratification of Bosnia and Herzegovina (4 February 2010) Ratification of Argentina (15 September 2011) Ratification of Morocco (16 May 2013) Ratification of South Africa (20 June 2013) 41

Actions by social partners EXAMPLE: Europe - social partners agreement 42

Way forward Each ILO member State Comparative analysis of national legislation Tripartite national consultations Coordination and cooperation between relevant authorities and other ILO member States National labour inspection in fishing

Some upcoming international activities October 2013 Improving working and living conditions in fishing (training) Turin, Italy Sept/Oct 2015 Meeting of experts on the inspection of working and living conditions on board fishing vessels Geneva, Switzerland

45

46

Further information www.ilo.org/fishing Sectoral Activities Department Maritime & Transport Unit Tel: +41 22 799 7501 Email: sector@ilo.org Thank you 47