Small-scale Fisheries and the Proposed ILO Work in Fishing

Convention

Sebastian MathewInternational Collective in Support of Fishworkers

Emerging Concerns of Fishing Communities:Issues of Labour, Trade, Gender, Disaster Preparedness,

Biodiversity and Responsible Fisheries4-6 July

SESC, Fortaleza, Brazil

Structure of the presentation

Overview of world fisheries Background information on ILO Existing ILO labour standards for fishing Review of International Labour Conference

(ILC) 2004 Proposed labour standards Developments during the ILC 2005 What needs to be done?

Small-scale vs Large-scale fisheries 45 per cent of marine capture fish

production is contributed by small-scale fisheries, the remaining by industrial fisheries

90 per cent of the small-scale fish production is for human consumption

Bulk of catch taken in capture fisheries are landing in fishing vessels

Fishing Vessels According to FAO (1998) estimates:

– 1.3 million decked vessels– 2.8 million undecked vessels– Asia accounted for 85 per cent of all decked vessels and 51 per cent of

undecked but motorised vessels and 83 per cent of undecked vessels without engines

– Decked vessels• Europe accounts for 8.9 per cent of decked vessels• Countries in North and Central America 4.5 per cent• Countries in Africa 1 per cent• South America 0.6 per cent• Oceania 0.2 per cent

– Of the undecked vessels with engines• North and Central America 21 per cent• Africa 16 per cent• South America 6 per cent• Oceania 3 per cent

Employment

Estimated 27 million fishers (full time, part time and occasional fishers) in capture fisheries world wide

16.6 million are regularly employed in fishing vessels

93 per cent of workers are on vessels below 100 GRT (roughly 90 per cent of the workers work in vessels less than 24 metres in length)

There are 45,600 vessels above 100 GRT and there are 146, 000 fishermen aboard these vessels

International Labour Organisation Philadelphia Declaration 1944

– FUNDAMENTAL PRINCIPLES OF ILOa. labour is not a commodityb. freedom of expression and association are essential to

sustain progressc. poverty anywhere constitutes a danger to prosperity

everywhered. the war against want requires to be carried on with

unrelenting vigour within each nation, and by continuous and concerted international effort in which the representative of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to the promotion of the common welfare

ILO Legal Instruments Two types:

– International Convention – Recommendations

Each member of ILO has 18 months to bring the Convention before the national authority/authorities for the enactment of national legislation or other actions

Members have to inform the Director General (DG) of ILO of the measures taken

Members also have to communicate the formal ratification of the Convention to the DG

Convention and Recommendation Convention

– Requires ratifications from Members to make effective the provisions of such convention

– Once ratified requires reporting on the status of implementation

– Requires explanation from Members for non-ratification

Recommendation:– Does not require ratification from Members– No further obligations from Members

Article 19.3, ILO Constitution

“In framing any Convention or Recommendation of general application the Conference shall have due regard to those countries in which climatic conditions, the imperfect development of industrial organization, or other special circumstances make the industrial conditions substantially different….”

Existing ILO instruments for the fishing sector

Five Conventions

Two Recommendations

Existing ILO Instruments Hours of Work (Fishing) Recommendation, 1920, No. 7 Minimum Age (Fishermen) Convention, 1959, No. 112 (29 of which 20

have been denounced)– Does not apply to fishing in ports, harbours, estuaries of rivers

Medical Examination (Fishermen) Convention, 1959, No. 113 (29)– Flexible based on national competent authority

Fishermen’s Article of Agreement Convention, 1959, No. 114 (22)– Flexible based on national competent authority

Fishermen’s Competency Certificates Convention, 1966, No. 125 (10)– Does not apply to vessels below 25 tons and 24.4 metres

Accommodation of Crews (Fishermen) Convention, 1966, No. 126 (22)– Does not apply to vessels below 25 tons and 24.4 metres

Vocational Training (Fishermen) Recommendation, 1966, No. 126

Exclusion of the small-scale

In practical terms, the scope of the existing labour standards in fishing, in general, does not include those who work on artisanal and small-scale fishing vessels

Reasons for consideration of new comprehensive standards for the fishing sector Existing instruments require updating in order

to reflect the changes in the sector over the last forty years

Achieve more widespread ratifications To reach a greater proportion of world’s

fishermen, particularly those on smaller vessels

Accelerate the revision of out-dated instruments

Comprehensive standard Also to address issues hitherto not addressed in relation to

persons working on board fishing vessels, namely:– Identity documents; Repatriation; Recruitment– Medical care at sea; Occupational safety and health– Social security protection– Compliance and enforcement

New standards would take into account the 1995 FAO Code of Conduct for Responsible Fisheries

Would integrate the work of ILO with that of other international organizations

To ensure fishers, by virtue of their work do not fall through the cracks of social protection provided to other workers

91st Session of ILC, 2003 Comprehensive Standard (a Convention supplemented by

a Recommendation) was proposed on work in the fishing sector

It was proposed that such new standard should be sufficiently broad to address a number of issues and to be effective for the majority of the world’s fishermen, both those on deep sea vessels and those engaged in artisanal fishing

It should be based on principles that could be implemented in a manner, which could accommodate the diversity of economic and social conditions of country.

It could take into account the differences of fishing fleet and types of fishing

Proposed Convention: Process

A Questionnaire was circulated among Member countries in 2003 to elicit views on the contents of the Convention and Recommendation; they were requested to consult with most representative organizations of employers and workers

Committee on the Fishing Sector

Set up at the 92nd session of the ILC, 2004 Conclusions adopted by the Committee aimed

to reach majority of the world’s fishers including those on board small fishing vessels. Also to provide protection to the self-employed and those who are paid in share of the catch

Conclusions circulated amongst constituents Conclusions again discussed and amended by

Committee on Fishing, 93rd Session ILC, 2005, and unanimously adopted

Def and Scope of the Convention “Commercial fishing” includes all but subsistence

and recreational fishing in marine and inland waters, “Fishers” include persons working on board who are

paid on the basis of a share of the catch Provisions to extend protection provided for fishers

working on vessels 24 m and over, to fishers working on smaller vessels

Provisions to exclude fishing vessels engaged in fishing operations in rivers, lakes and canals, as well as limited categories of fishers or fishing vessels

Structure of the Convention

General principles; Minimum requirements for work on board

fishing vessels; Conditions of service; Accommodation and food; Medical care; Health protection and social security; and Compliance and enforcement

(1) Minimum requirements for work on board fishing vessels Minimum age and medical examination Minimum age provisions applicable to fishers

on board all types of fishing vessels Requirement to hold a medical certificate for

fishers on board vessels 24 m in length or more, or for vessels that stay at sea for more than three days

1.1 Minimum age

Minimum age for work on board a fishing vessel to be 16 years, which could be 15 years for persons who are no longer subject to compulsory schooling

Minimum age for assignment of activities on board fishing vessels that are likely to jeopardize the health, safety or morals of young persons is proposed to be not less than 18 years

Engagement of fishers under the age of 18 for work at night is prohibited, on health grounds

1.2 Medical certificate

Mandatory for fishers who work on board a fishing vessel which is 24 m in length and over, or on a vessel that remains at sea more than three days:– the hearing and sight of the fisher are satisfactory – the fisher is not suffering from any medical

condition likely to be aggravated by service at sea or to render the fisher unfit for such service or to endanger the health of other persons on board

(2) Conditions of service

Manning and hours of rest, crew list, fisher’s work agreement, repatriation, recruitment and placement, and payment of fishers

Not necessarily applicable to SSF vessels that do not have distinct owner, skipper, worker categories

(3) Accommodation and food

Accommodation spaces and sanitary facilities (could make significant contribution to reducing fatigue and occupational diseases amongst fishers)

Adequate supply of nutritional food and potable water in sufficient quality and quantity

(4) and (5) Medical care, health Protection and Social Security At least one person on board who is qualified or

trained in first aid Right to medical treatment ashore Right to be taken ashore in a timely manner for

treatment Social security protection to fishers under

conditions no less favourable than those applicable to other workers

Access to medical care and compensation in the event of injury from occupational accident/disease

(6) Compliance and Enforcement

Each Member should exercise effective jurisdiction in control over vessels by establishing standards of the Convention including inspections, reporting and monitoring, appropriate penalties and corrective measures, in accordance with national laws or regulations

Final Record Vote, 93rd Session of ILC, 2005 The proposed ILO Convention on work in the

fishing sector has been described as “probably the longest instrument ever discussed during the ILC”

The vote turned out to be invalid because the required quorum of 297 could not be attained for lack of just one vote. This was despite the fact that there were 288 votes for the draft Convention, and just 8 against!

What went wrong with the voting? For the required quorum, only the

number of votes—for and against—count, not the number of abstentions.

Concerted lobbying by Employers’ representative to persuade governments to abstain

What was the voting pattern? Employer reps abstained. Many governments from

the Asian countries also abstained; 99, including 60 developing country, govts voted for, 4 against and 26 abstained, including Australia, ROK, U.S. and Mexico; China, Indonesia, Viet Nam, India and Pakistan (B’desh was not present)

Asian countries except the Middle East ones abstained (Thailand and Timor, exceptions); most of the African and Latin American govts voted for the adoption of the Convention

Abstentions account for 80% of marine fisher workforce

Why did Asian countries abstain?

Fear of global standards, in general; does not want this to be a precedent-setting standard for other sectors

Some find it prescriptive and difficult to implement in fisheries that are predominantly small-scale

Lack of homework (not sufficient reflection on labour supply in fisheries; no awareness about what the small-scale fishers want; not concerned about the likely use of labour standards in the market place)

Why did India abstain?

“…it was felt by developing countries that the draft Convention was very prescriptive and difficult to implement. The proposed Convention did not adequately address the concerns of the small fishermen who form bulk of the fishing sector in India.” (response in Indian Lok Sabha dated 22.08.2005)

Employers’ Position

“prescriptive, inflexible and impracticable Convention” fit for developed countries, irrelevant for small-scale fishers

Owners of large vessels thus hid behind small-scale fishing vessels to protect themselves from binding obligations should the Convention be adopted

Workers’ Position

The instruments have achieved “ a delicate balance between retaining existing standards that applied only to larger vessels and providing flexibility to extend these standards, for the first time, for the small-scale fishers”

Resolution adopted at WFFP GA

Welcome the scope of the Convention to include all fishing vessel operations

Concerned about the exclusion of fishers, particularly women, who do not work on board fishing vessels

Support the degree of flexibility in relation to minimum age, medical exam, occupational Safety and health, work agreement

demand that social security provisions should be extended to the small-scale fishers irrespective of their sphere of fishing operations (1952 Minimum Standards)

ICSF Meeting on SSF Perspective on the Fishing Convention 14 June 2005, Geneva

Improve the living and working conditions on board SSF vessels that undertake fishing trips of more than three days

Would benefit small-scale fishers who worked on mother-ship based fishing operations

Improve conditions of migrant workers from SSF communities on board industrial fishing vessels of developed countries

Comprehensive social security protection Shore-based women workers should be covered

What are the future prospects of the proposed fishing standard? Flexible at the bottom of the pyramid

and prescriptive towards the top A corresponding item is now placed on

the agenda of the 96th Session of the ILC in 2007.

What is to be done?

Ensure there are sufficient number of governments in support of the Convention in 2007

Need to lobby national governments in South Asia, in particular, to support the Convention in its current form to protect the interests of fishing labour-force, both in small- and large-scale sub-sectors, in national and in international waters as well as in all maritime jurisdictions

93% of workers on board vessels below 24 m length should benefit from the Convention!

Thank you for your patience!