Work in Fishing Convention, 2007

Work in Fishing Convention, 2007
Name	Work in Fishing Convention, 2007
Type	International labour convention
Date signed	2007-06-14
Location signed	Geneva
Parties	International Labour Organization
Effective	2017-11-16

Work in Fishing Convention, 2007

The Work in Fishing Convention, 2007 is an International Labour Organization instrument adopted at the International Labour Conference in Geneva that sets standards for safety, health, and social protection for people working in the fishing sector. The Convention was adopted alongside related instruments at the International Labour Organization and interacts with instruments and institutions such as the Maritime Labour Convention, 2006, the United Nations system, and regional bodies including the European Union and the African Union. It addresses working conditions on vessels flagged in states party to the Convention, linking to actors like the International Maritime Organization, Food and Agriculture Organization, and national administrations such as the United Kingdom Maritime and Coastguard Agency and the United States Coast Guard.

Background and Adoption

The Convention was developed within the framework of the International Labour Organization following concerns raised by representatives from Norway, Japan, Philippines, Peru, and Iceland about deaths and injuries in the fishing industry. Debates at the International Labour Conference involved delegations from ILO constituents including the International Transport Workers' Federation, the International Chamber of Shipping, and national ministries from India, Brazil, South Africa, and Canada. The text drew on precedents such as the Maritime Labour Convention, 2006, the Convention on the Safety of Life at Sea, and instruments negotiated at the United Nations General Assembly, reflecting inputs from organizations like the Food and Agriculture Organization and the World Health Organization.

Scope and Key Provisions

The Convention defines obligations for flag States, coastal States, shipowners, and masters concerning medical care, work and rest hours, accommodation, occupational safety, and social security for fishers on vessels such as trawlers, longliners, and purse seiners. Provisions reference certification regimes paralleling standards in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, require access to medical treatment akin to ILO principles applied in Maritime Labour Convention, 2006, and mandate crew lists and fishing vessel safety measures comparable to rules under the International Convention for the Safety of Life at Sea. The Convention prescribes inspections by authorities like the International Maritime Organization-linked port State control regimes and sets obligations for repatriation, recruitment, and social benefits in line with policies advocated by the International Transport Workers' Federation and trade unions in Philippines and Norway.

Implementation and Ratification

Ratification processes have involved parliaments and agencies such as the European Parliament and national legislatures in states including Norway, Vanuatu, and Samoa, which aligned domestic laws with Convention requirements through agencies like the Ministry of Fisheries (Norway), the Department of Labor and Employment (Philippines), and the Ministry of Maritime Affairs and Fisheries (Indonesia). Implementation required coordination with maritime administrations including the United Kingdom Maritime and Coastguard Agency, the United States Coast Guard, and port authorities in Spain and Portugal to integrate inspection schemes and certification systems. The Convention entered into force following ratifications and procedures recognized by the International Labour Organization and the depositary mechanisms linked to United Nations treaty practice.

Impact on Fishing Communities and Labor Rights

Adoption influenced fishing communities in regions such as the North Sea, the Bering Sea, the South China Sea, and the Eastern Pacific, affecting fleets from Iceland, Japan, Peru, and Chile. Labour rights advocates from the International Transport Workers' Federation, the Asia Pacific Fisheries Forum, and national unions in Spain and Philippines reported improvements in minimum standards for medical care, rest hours, and contractual protections. Coastal States with artisanal fisheries, including Kenya, Ghana, and Madagascar, faced challenges aligning small-scale operators with vessel safety and social security obligations, prompting cooperation with development agencies like the World Bank and programs supported by the Food and Agriculture Organization.

Compliance, Enforcement, and Monitoring

Enforcement mechanisms rely on flag State responsibilities and port State control regimes influenced by arrangements under the Paris MoU and the Tokyo MoU, with inspection protocols administered by authorities such as the Maritime and Coastguard Agency and agencies in Panama and Liberia that manage large open registries. Monitoring involves reporting to the International Labour Organization and engagement with the ILO Committee of Experts on the Application of Conventions and Recommendations, with technical assistance from the International Maritime Organization, Food and Agriculture Organization, and regional bodies like the African Union and the Association of Southeast Asian Nations.

Criticisms and Legal Challenges

Critics including NGOs like Human Rights Watch, Greenpeace, and the Fair Labor Association argued the Convention's scope left gaps for migrant fishers and small-scale operators, citing enforcement weaknesses in flags of convenience such as Panama and Liberia. Legal challenges and litigation in national courts of United Kingdom, Canada, and Australia have tested provisions on jurisdiction, repatriation, and social security obligations, while maritime industry groups including the International Chamber of Shipping raised concerns over compliance costs for fleets in Iceland and Norway.

Relation to Other International Instruments

The Convention interacts with multiple instruments and institutions, including the Maritime Labour Convention, 2006, the International Convention for the Safety of Life at Sea, the Convention on the Rights of the Child in relation to child labour concerns in fisheries, and the United Nations Convention on the Law of the Sea for jurisdictional issues. Coordination occurs with the Food and Agriculture Organization, the International Maritime Organization, and regional agreements such as the European Union fisheries regulations and the Pacific Islands Forum fisheries mechanisms.

Category:International Labour Organization conventions Category:Fishing