The lost ILO convention on work in the fishing sector:

 Who is responsible?

BY DR. OSCAR Amarasinghe

Senior Lecturer / University of Ruhuna and Member / International Collective in Support of Fishworkers (ICSF)

AS a source of income and livelihood, fishing is a peculiarly problematic occupation, principally because of the special nature of work in the fishing sector.

Not only fishing is an inherently hazardous vocation, but fishermen working in small-scale and artisanal fisheries - who make up the vast majority of the world's fishermen - also have difficulties that call for specific, targeted measures.

The uniqueness of the labour process in fishing and the nature of the fisheries sector itself - which again vary from country to country - lead to a whole host of important, and largely neglected, labour issues that impinge on the fundamental principals and rights at work that are supposedly applicable to all workers, as laid down in the Declaration of Fundamental Principles and Rights at Work of the International Labour Organisation (ILO).

Yet, many of these paramount labour issues - ranging from workplace-related problems and employment relationships to seasonality of employment and the effects of fisheries management measures to reduce fishing effort - have remained unexamined, even as the world's fisheries have undergone significant and far-reaching changes over the last 40 years.

During this period, there have been significant changes in fishing technology, too. Smaller vessels that never ventured beyond nearshore waters are now fishing outside the territorial limits of 12 nautical miles, and sometimes even in other exclusive economic zones (EEZs).

These vessels now stay at sea longer and fish at greater distances, which have implications for the working and living standards of the crew on board.

In Sri Lanka, for example, with the emergence of deep-sea fishing in the late 1980s, fishers started to fish outside the EEZ of Sri Lanka and also in the waters of Maldives, India, Andaman Island, Australian Islands, and even in Seashells, with their multi-day crafts.

It is almost 40 years now since the ILO last developed a standard for the fishing sector. Taking into account the urgent need to develop a new standard for work in the fishing sector, the ILO placed on the agenda of its 92nd session held in June 2004 at Geneva, the proposal for a new standard, aiming at revising the existing seven ILO instruments on the subject - five conventions (on Minimum Age, Medical Examination, Article of Agreement, Accommodation for Crew and Competency Certificate) and two recommendations (concerning vocational training and hours of work).

This was done within the context of revising ILO conventions (binding for countries that ratify them) and recommendations (not binding, but providing guidance) adopted before 1985, in order to update and strengthen the standards-setting system of the ILO.

The new standard was expected to take into account the provisions of the 1995 FAO Code of Conduct for Responsible Fisheries and integrate the work of ILO with that of other international organisations concerned with fisheries and the operations of fishing vessels.

The ILO believed that, it would result in the standard being clearly understood and be found more acceptable not only for ministries responsible for labour issues but also for those responsible for fisheries management and vessel safety, as well as for vessel owners and those working on fishing vessels.

Towards developing a new standard for work in the fishing sector, the ILO circulated a questionnaire among member States in March 2003 to elicit views on the content of a comprehensive standard.

Governments were requested to consult with the most representative organisations of employers and workers before finalising their replies to the questionnaire by August 2003. Of the ILO's 177 members, 83 countries responded to the questionnaire, of which 50 per cent were developing countries.

Sri Lanka was among those countries which turned a blind eye to this request. Yet, several fishworker organisations in Sri Lanka, especially, the United Fishermen's and Fishworker's Congress (UFFC) and National Fisheries Solidarity (NAFSO), having identified the need for new standards in the fishing sector, joined hands with the Ruhuna University Union of Senior Academics (RUUSA) to organise a workshop in Colombo in March 2004 on 'Improving labour conditions in the Fisheries Sector', with assistance from the International Collective in Support of Fishworkers (ICSF).

More than 20 fishworker organisations from all over the country, along with officials from the Ministry of Labour, Ministry of Fisheries, and the representative of the ILO in Colombo participated in the workshop.

At the end of the day, answers to the ILO questionnaire were furnished which included the revisions proposed for the five ILO conventions and two recommendations dealing with work in the fishing sector.

Sea safety, health and social security, were three new areas that were to be considered in developing the new standard. The proposals were sent to the ILO for consideration at its 92nd session held in Geneva in June 2004.

At the 93rd session of the ILO held in June 2005, work in the fishing sector was taken up as the fifth item on the agenda.

A tripartite committee, consisting of employers, employees and the government officials, of each member state was appointed to develop the new standard. Sri Lanka too was represented by all three groups and the Government was represented by officials from the Ministry of Labour.

The new standard was discussed at length and the final report was presented on the 16th of June, 2005 for adoption, which included a convention and a recommendation on work in the fishing sector.

To the surprise of many, the new convention was rejected by one vote majority. Only the employee group from Sri Lanka voted for the new convention. The abstention of the employers from voting could be understood (since the convention aimed at protecting workers) but not that of the government officials.

In fact, the matter has to be clarified because, on their part, the government officials have done a grave injustice to the workers in the fishing sector, who urgently need some form of protection from various hazards that they face in their vocation.

The major areas covered by the proposed ILO standard

The new convention dealt comprehensively with standards for work on board fishing vessels. Some of the more important issues included Article 9 on minimum age, which limits the minimum age for work on board vessels to 16 years.

However, provisions are also made for exceptions; giving the freedom to the competent authorities of different countries to lower the age limit to 15 years, when the persons concerned are no longer subject to compulsory schooling.

It also prohibits the engagement of fishers under the age of 18 for work at night. Article 10 makes fitness certificate (medical certificate) a pre-requisite for engagement on board fishing vessels (paragraph 1).

It is obvious that such certificates are not important for craft operating in near-shore waters. The convention also recognises this and Article 10.2 reads, "the competent authority after consultation, may grant exemptions from the application of paragraph 1 of this article, taking into account the health and safety of fishers, size of the vessel, availability of medical assistance and evacuation, duration of voyage and type of fishing operation", which provides the countries with high degree of flexibility in making exemptions for certain vessels where and when required.

Article 10, (on manning and hours of rest) stresses the need to adopt national laws and regulations requiring the owners to ensure vessel safety.

It further states that fishers should be given regular period of rest of sufficient length to ensure health and safety. One of the most important issues dealt by the new convention is Fisher's Work Agreement (Article 16).

This article requires countries to adopt laws and regulations to ensure that fishers working on vessels flying its flag have the protection of a fisher's work agreement, which shall include, among other things, voyages to be undertaken, nature of employment, methods of calculating wages, protection that will cover the fisher in the event of sickness, injury, or death in connection with service, amount of annual leave, health and social security coverage and benefits to be provided, etc.

Article 25 requires member states to adopt regulations in respect of accommodation, food and potable water for the crew: "each member shall adopt laws, regulations or other measures requiring that: a. the food carried and served on board be of a sufficient nutritional value, quality and quantity; b. potable water be of sufficient quality and quantity and, c. the food and water shall be provided by the fishing vessel owner at no cost to the fisher...".

Medical care is also another important issue that emerges with the development of distance water fishing. This aspect is covered by Article 29 of the proposed convention.

It requires member countries to adopt measures to ensure that fishing vessels carry appropriate medical equipment and medical supplies for the service of the vessel, taking into account the number of fishers on board, the area of operation and the length of the voyage.

Moreover, among other things, it also requires fishing vessels to carry on board at least one person knowledgeable in the use of medical equipment and first aid.

Occupational Safety and Health and Accident Prevention are dealt in Article 31, 32 and 33, which require states to adopt laws to prevent occupational accidents, occupational diseases and work related risks on board fishing vessels.

Article 31 underlines the need to have regulations concerning training for fishers in the handling of fishing gear they use.

Some important aspects covered in Article 32 include fisher safety and safety training: 'fishing vessel owners shall: a. ensure that every fisher on board is provided with appropriate personal protective clothing and equipment; b. ensure that every fisher on board has received basic safety training..." (Article 31.3.a and 31.3.b).

An aspect which was not covered in the earlier conventions and recommendations but included in the proposed convention in Social Security, which is extensively dealt in Articles 34-37.

Rather than specifying the exact measures to be adopted, these articles allow the member states to take steps, according to national circumstances, to achieve progressively comprehensive social security protection for all fishers who are ordinary resident in their territories.

Along similar lines, Article 38 requires states to adopt measures to ensure that fishers shall have access to appropriate medical care and compensation in the event of injury due to occupational accident or disease.

Further more, fishing vessel owners are made responsible for the provision of health protection and medical care to the crew workers as stated in Article 39. The convention also deals extensively with compliance and enforcement issues in Articles 39-44.

It is more than evident that the proposed convention covers most of the labour issues that have emerged in the deep sea fisheries sub-sector of Sri Lanka. It is true that conditions of work in the artisanal and small-scale fisheries sector were problematic.

This can be attributed to the particular nature of organisation of fishing activities. Labour was recruited kinship networks, patron-client type of relations, subsistence or reciprocal credit mechanisms, etc.

This does not mean that fishers in the artisanal and small-scale sector do not need other forms of protection. Needless to say that community insurance mechanisms cannot adequately deal with issues of old age security, disability, death, etc. Of course such people too need protection.