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Safety and Health in the Fishing Industry

Report for discussion at the Tripartite Meeting on Safety and Health in the Fishing Industry

Geneva, 13-17 December 1999

International Labour Office   Geneva

Copyright ©2000 International Labour Organization (ILO)

 

 

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Cover photographs: ILO/J. Maillard
and Leif Magne Vik

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6. Review of certain ILO Conventions
and Recommendations relevant to
the fishing industry

Introduction

In keeping with decisions taken by the Governing Body of the ILO at its 268th and 274th Sessions (described in more detail below), the Tripartite Meeting has been asked to review and comment on possible actions to be taken concerning:

In carrying out this work, the fundamental ILO Conventions which are aimed at all workers should be kept in mind. These have been identified as core ILO Conventions and are fundamental to the rights of all human beings at work, irrespective of levels of development of individual member States. These rights are a precondition for all others in that they provide for the necessary implements to strive freely for the improvement of individual and collective conditions of work. The principles and rights concern freedom of association (the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)); the abolition of forced labour (the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105) ); equality (the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Equal Remuneration Convention, 1951 (No. 100)); and the elimination of child labour (Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), unanimously adopted at the 87th Session of the ILC).(1) The ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labour Conference at its 86th Session (Geneva, 18 June 1998), recognizes that the Members of the ILO, even if they have not ratified the Conventions in question, have an obligation to respect, "in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions."

Review of ILO standards specifically concerning fishermen

Following the discussion on standard-setting policy at the International Labour Conference in 1994, the Governing Body, at its 262nd Session (March-April 1995), decided to set up a Working Party on Policy regarding the Revision of Standards under the Committee on Legal Issues and International Labour Standards. It decided that this Working Party would examine the need for revision of all Conventions and Recommendations adopted before 1985 with a view to rejuvenating and strengthening the standard-setting system. Proposals should not have the effect of reducing the protection already afforded to workers by ratified Conventions.(2)

Since it was set up, the Working Party has met eight times and has examined nearly all Conventions. It has now initiated the examination of the Recommendations.(3) The Working Party conducts a case-by-case examination of each of the instruments. It has formulated recommendations, which have been unanimously approved by the Governing Body, to revise outdated instruments, to promote the ratification of up-to-date Conventions, to invite member States to give up-to-date Recommendations due effect and to propose the shelving, abrogation or withdrawal of obsolete instruments.(4)

At its March 1999 session, the Governing Body invited the Tripartite Meeting on Safety and Health in the Fishing Industry to examine the instruments adopted specifically for fishermen.(5) The Working Party will, at a later stage, examine each of the seven instruments relevant to fishermen in the light of the views of the Meeting, the factual information available to the Office (including, when relevant, ratifications and denunciations, considerations by the supervisory bodies of the ILO, previous revisions or calls for revisions) and previous practice of the Working Party. On the basis of this examination, the Working Party will make its recommendations.

The substance of the seven instruments specifically concerning fishermen has been briefly described in Chapter 5. The following provides additional information that the Office believes is necessary to facilitate discussion of what action to take regarding these instruments. While for convenience brief summaries of the Conventions have been provided, the full texts of each Convention should be examined.(6) This section also includes occasional references to the work of the Working Party with respect to the possible revision of other labour standards concerning shipping -- the maritime labour standards -- which are undergoing a similar review.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

As of 1 May 1999, Convention No. 112 had been ratified by ten member States(7) and declared applicable to nine non-metropolitan territories.(8) Ratification prospects are considered uncertain since it has been revised by the Minimum Age Convention, 1973 (No. 138). Convention No. 138 has not closed Convention No. 112 to further ratifications, and Convention No. 112 has received one ratification since the adoption of Convention No. 138.

As of 1 May 1999, 20 member States had denounced the Convention as a result of the ratification of Convention No. 138. The denunciation of Convention No. 112 following the ratification of Convention No. 138 is immediate, on condition that a minimum age of not less than 15 years is specified pursuant to Article 2 of Convention No. 138 or that the ratifying country specifies that Article 3 of Convention No. 138 applies to employment in maritime fishing(9). Article 3 states that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. Under certain circumstances national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize employment or work from the age of 16 years.

The Convention sets the minimum age for admission to employment or work at 15 years. It is one of a series of Conventions adopted by the ILO which fixed or revised the minimum age for admission to employment in different sectors of economic activity and which were later replaced by the Minimum Age Convention, 1973 (No. 138). The adoption of that Convention considerably reduced the ratification rate of Convention No. 112. Convention No. 138 is the modern, comprehensive standard in terms of minimum age for admission to employment or work and it sets the minimum age at 15 years and in some circumstances at 18 years (it contains certain flexibility devices). ILO efforts to abolish child labour include the promotion of Convention No. 138 and the Working Party, when examining the other Conventions on minimum age, has therefore encouraged ratifications of this Convention.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

As of 1 May 1999, Convention No. 113 had been ratified by 29 member States(10) and declared applicable to eight non-metropolitan territories.(11) The prospects for further ratification are uncertain. Convention No. 113 received 14 of its ratifications between 1960 and 1970 and eight between 1970 and 1990. Since 1990 seven ratifications or confirmations by States of pre-existing ratification following accession to independence have been registered. There have been no denunciations.

Two similar Conventions cover seafarers -- the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) and the Medical Examination (Seafarers) Convention, 1946 (No. 73). Though these have been widely ratified, they have been found not to address the problem of widely varying fitness standards for seafarers.(12) In order to remedy this situation, an ILO/WHO Consultation was held in 1997 and prepared the ILO/WHO Guidelines for conducting pre-sea and periodic medical fitness examinations for seafarers (see Chapter 5). A joint working group of shipowners and seafarers,(13) which met in July 1998, recommended that Conventions Nos. 16 and 73 should be revised to take these Guidelines into account. The Working Party proposed to recommend to the Governing Body the revision of Conventions Nos. 16 and 73; to invite member States to inform the Office whether the revision of these Conventions should be included in the portfolio of proposals for the agenda of the International Labour Conference as either separate items or for joint consideration; and that the Working Party (or the LILS Committee) re-examine the status of Conventions Nos. 16 and 73 in due course.(14)

Fishermen's Articles of Agreement Convention, 1959 (No. 114)

As of 1 May 1999, Convention No. 114 had been ratified by 22 member States(15) and declared applicable to 15 non-metropolitan territories.(16) The latest ratification was by Bosnia and Herzegovina in 1993. The prospects for further ratification are uncertain. Between 1960 and 1970, 14 ratifications were registered, and between 1970 and 1990 there were five. Since 1990 it has received three additional ratifications or confirmations of pre-existing ratifications following accession to independence of States. No States have denounced the Convention and it has not been revised.

This is the second of the two Conventions adopted by the ILO on articles of agreement. The first one is the Seamen's Articles of Agreement Convention, 1926 (No. 22). Convention No. 114 provides that articles of agreement (contracts) shall be signed both by the owner of the vessel or his authorized representative and by the fisherman. The agreement shall clearly state the respective rights and obligations of each of the parties. It shall, among other things, contain the voyage or voyages to be undertaken, the capacity in which the fisherman is to be employed, the amount of his wages, and the termination of the agreement.

Convention No. 114 is nearly 40 years old and has received a modest number of ratifications. Concerning the Seamen's Articles of Agreement Convention, 1926 (No. 22) the Working Party has decided to invite member States to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay its ratification or that might point to the need for a full or partial revision of the Convention.

Fishermen's Competency Certificates Convention, 1966 (No. 125)

As of 1 May 1999, Convention No. 125 had been ratified by ten member States(17) and declared applicable to seven non-metropolitan territories.(18) It was most recently ratified by Germany in 1988. This Convention has received a very modest number of ratifications. It received four ratifications between 1960 and 1970, five between 1970 and 1980 and one between 1980 and 1990. It has not been denounced by any member State and it has not been revised. However, in 1995 the International Maritime Organization (IMO) adopted the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 (see Chapter 5) which also covers competency issues.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

As of 1 May 1999, Convention No. 126 had been ratified by 22 member States(19) and declared applicable to 18 non-metropolitan territories.(20) The most recent ratification was by Brazil in 1994. The prospects for further ratification are uncertain. Between 1966 and 1980 the Convention received 13 ratifications, by 1990 it had received one more, and since 1990 eight ratifications or confirmations of pre-existing ratifications following accessions to independence of States have been recorded. There have been no denunciations and the Convention has not been revised.

Hours of Work (Fishing) Recommendation, 1920 (No. 7)

The Recommendation stands alone.(21) However, one Convention that is possibly relevant for seafarers -- the Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180) -- provides that: "To the extent it deems practicable, after consulting the representative organizations of fishing-vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing."

Furthermore, in 1978 the Committee on Conditions of Work in the Fishing Industry adopted a resolution requesting the Office to conduct studies relating to hours of work and manning for the fishing industry and to include fishermen's hours of work and manning in the possible items for future sessions of the International Labour Conference.(22)

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

The provisions of the STCW-F Convention (see Chapter 5) may also have some implications for this Recommendation.

Assessment of the extension of ILO maritime
labour instruments to the fishing sector

Certain ILO Conventions applicable to seafarers provide for the possibility of extending their coverage to include commercial maritime fishing.(23) The 84th (Maritime) Session of the International Labour Conference (ILC) in 1996 adopted a resolution concerning the application of international labour standards to fishermen and the possible need to extend a number of ILO maritime instruments to the fishing sector.(24) It invited the Governing Body to convene a tripartite meeting to assess which of the ILO maritime instruments should be applied to the fishing sector through the adoption of appropriate protocols, and/or the adoption of new international labour standards for the sector and in this regard to place the issue of new labour standards for fishermen on the agenda of an early session of the International Labour Conference. When the Governing Body at its 268th Session (March 1997) decided on the composition and purpose of the Tripartite Meeting on Safety and Health in the Fishing Industry, it referred to this resolution.(25)

The following discusses whether States which have ratified Conventions specifically for seafarers have extended their coverage to include fishermen and whether relevant organizations of workers and employers have been consulted in this regard. This analysis has been carried out by examining the reports of ratifying States on the implementation of the Conventions under article 22 of the Constitution.(26) Only the Conventions adopted by the Maritime Sessions of the ILC in 1987 and 1996 have included such specific provisions.(27). However, two earlier Conventions on social security - The Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No.55) and the Sickness Insurance (Sea) Convention, 1936 (No.56) - may be applied to fishermen as well as seafarers(28). At the time of writing this report it was too early for reports concerning the Conventions adopted by the 84th (Maritime) Session of the International Labour Conference in 1996. It is therefore only possible to examine information from the reports on the Conventions adopted in 1987 and on the two earlier Conventions concerning social security (29)

Maritime labour Conventions adopted in 1936

The Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) provides that the Convention "applies to all persons employed on board any vessel, other than a ship of war, registered in a territory for which this Convention is in force and ordinarily engaged in maritime navigation". The Convention therefore applies to fishermen as well as seafarers. The ratifying State may, however, make exceptions as it deems necessary in respect of persons employed on board coastwise fishing vessels.

The Sickness Insurance (Sea) Convention, 1936 (No. 56) provides that "every person employed as master or member of the crew or otherwise in the service of the ship, on board any vessel, other than a ship of war, registered in a territory for which this Convention is in force and engaged in maritime navigation or sea-fishing, shall be insured under a compulsory sickness insurance scheme".

Conventions Nos. 55 and 56 have been ratified by 16 and 19 States, respectively, and will therefore apply to fishermen in those countries. To determine the extent of coverage of social security protection to fishermen would require a survey not only of States which have ratified these Conventions but of all member States with fishing fleets.(30)

Maritime labour Conventions and
Recommendations adopted in 1987

The following instruments concerning seafarers were adopted in 1987: the Seafarers' Welfare Convention (No. 163) and Recommendation (No. 173); the Health Protection and Medical Care (Seafarers) Convention (No. 164); the Social Security (Seafarers) Convention (Revised) (No. 165); and the Repatriation of Seafarers Convention (Revised) (No. 166) and Recommendation (No. 174).

The Conventions (and Recommendation No. 173) provide that "to the extent it deems practicable, after consultation with the representative organizations of fishing vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing". In addition, Conventions Nos. 164 and 166 provide that "In the event of doubt as to whether or not any ships are to be regarded as engaged in commercial maritime navigation or commercial maritime fishing for the purpose of this Convention, the question shall be determined by the competent authority after consultation with the organisations of shipowners, seafarers and fishermen concerned". In the report forms for Conventions Nos. 163 and 165 ratifying States are requested to "indicate the measures taken, if any, to apply the provisions of this Convention to commercial maritime fishing and give information on the consultations which have taken place in this respect".

Seafarers' Welfare Convention, 1987 (No. 163)(31)

One of the ratifying States has not yet submitted a report, since it ratified the Convention within the last two years; another, which ratified earlier, has yet to provide information on this point. Three States had reported that they do have not any commercial maritime fishing vessels and One State has indicated that, though national law and regulations in principle are applicable to commercial maritime fishing, such fishing does not exist in the country. Three countries have reported that, following consultation with representatives of fishing owners and fishermen's organizations, national laws and regulations are not apllied to commercial maritime fishing. One of these countries reported that it has not been possible to obtain an agreement on the extend to which fishing vary so widely. Another reported that despite not having legislation on this subject some fishermen still benefit from welfare services. Two countries have reported that national laws and regulations are applied to this sector.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)(32)

One of the nine ratifying States has not yet submitted a report, since it ratified the Convention within the last two years. Two States have little or no commercial maritime fishing and therefore do not apply the legislation to this sector. One State has not provided any information on this point. Five States report that national laws and regulations to implement the provisions of the Convention are also applied to commercial maritime fishing. Two of these States report that they have held tripartite negotiations in this regard.

Social Security (Seafarers) Convention (Revised), 1987 (No. 165)(33)

Two States have ratified this Convention. One of them reports that it does not have any commercial maritime fishing fleet; however, in principle the legislation on social security applies to fishermen. The other State reports that national laws and regulations on social security apply to fishermen working on commercial maritime fishing vessels.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)(34)

One of the States which has ratified the Convention within the last two years has not submitted a report. One State has not provided any information on this point; however, for four other Conventions it has reported that it has no commercial fishing fleet. Five States report that national laws and legislation on repatriation are applied to fishermen on commercial maritime fishing vessels. One of them reports, however, that it only applies to commercial maritime fishing vessels undertaking overseas voyages. The Government in question held consultations with the employers' and workers' organizations and state and territorial governments (which have jurisdiction over fishing vessels), and they agreed that the provisions of the Convention were inappropriate to commercial maritime fishing vessels which only undertake short intra-state voyages.

Maritime labour Conventions and
Recommendations adopted in 1996

In 1996, the 84th (Maritime) Session of the International Labour Conference adopted the Labour Inspection (Seafarers) Convention (No. 178); the Labour Inspection (Seafarers) Recommendation (No. 185); the Recruitment and Placement of Seafarers Convention (No. 179) and Recommendation (No. 186); the Seafarers' Hours of Work and the Manning of Ships Convention (No. 180); the Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation (No. 187); and the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).(35)

Conventions Nos. 178, 179 and 180 each provide, with some minor differences of wording but not of substance, that, to the extent the central coordinating authority deems it practicable, after consulting the representative organizations of fishing vessel owners and fishermen, the provisions of the respective Conventions shall apply to commercial maritime fishing vessels. Conventions Nos. 178 and 180 also provide that, in the event of doubt as to whether or not any ships are regarded as engaged in commercial maritime fishing for the purpose of the Convention, the question shall be determined by the central coordinating authority after consulting the organizations of shipowners, seafarers and fishermen concerned.

The Protocol of 1996 to Convention No. 147 does not refer to fishing.

The report forms provided to each member State for use in reporting on the measures which it has taken to give effect to the provisions of these Conventions ask the States to indicate to what extent the provisions of the Conventions apply to commercial maritime fishing and to provide information on consultations which have been held in conformity with these provisions. At the time this report was prepared the Conventions had not yet entered into force, or had only recently done so, and no reports had been received. It is therefore not possible to indicate whether they are being applied to fishermen or commercial maritime fishing.


1.  Due to space limitations, neither the texts of these Conventions nor summaries have been provided in this report. However, the ILO will be pleased to provide their texts to participants in advance of the Meeting, upon request. They can also be found at the ILO website at http://www.ilo.org.

2.  Thus, in the case of revised Conventions, the Governing Body has decided to invite the States parties to outdated Conventions to contemplate ratifying recent up-to-date Conventions and denouncing, at the same time, the corresponding outdated Conventions.

3.  The decisions of the Governing Body resulting from these examinations are summarized in the Information note on the progress of work and decisions taken concerning the revision of standards. This information note is updated regularly and the most recent update was submitted to the Conference Committee on the Application of Standards at the 87th Session (June 1999) of the International Labour Conference as document C. App/D.4.

4.  See para. 29 of the Information note referred to in the preceding note. Obsolete Conventions may also be designated as candidates for future abrogation if they have entered into force, or for withdrawal, if they have not entered into force. (See new article 45bis of the Standing Orders of the International Labour Conference.) This procedure may be applied when the constitutional amendment enabling the International Labour Conference to abrogate Conventions has entered into force. By 15 May 1999, 34 member States had ratified or accepted this amendment. Pending a decision on abrogation or withdrawal, such Conventions may be shelved, i.e. no reports under article 22 would be requested on them.

5.  The Office had consulted the International Organisation of Employers (IOE) and the International Transport Workers' Federation (ITF) on their views on these instruments. The IOE informed the Office, inter alia, that it had consulted a number of employers' organizations on the instruments applying to fishermen and that most of them preferred to defer the consideration of these instruments until further research had been carried out. The ITF submitted detailed recommendations on each of the instruments. Having been informed of the views of the IOE and ITF, and having been informed by the Office that the ILO would hold a Tripartite Meeting on Safety and Health in the Fishing Industry from 13 to 17 December 1999 with the purpose, among other things, of reviewing ILO standards adopted specifically for fishermen, the Working Party, which met during the 274th Session of the Governing Body, decided to revert to an examination of the instruments for fishermen when the report of the proceedings of the Tripartite Meeting was available.

6.  Copies of the Conventions and Recommendations may be obtained from the ILO or by consulting the ILO website at http://www.ilo.org.

7.  Australia, Ecuador, Guatemala, Guinea, Liberia, Mauritania, Mexico, Panama, Peru and Suriname (ratified and then denounced as a result of ratification of Convention No. 138, by 20 others).

8.  Faeroe Islands, French Guiana, French Polynesia, Guadeloupe, Martinique, New Caledonia, Norfolk Island, Réunion and St. Pierre and Miquelon.

9.  Convention No. 138, Article 10(4)(e).

10.  Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Costa Rica, Croatia, Cuba, Ecuador, France, Germany, Guatemala, Guinea, Kyrgyzstan, Liberia, Netherlands, Norway, Panama, Peru, Poland, Russian Federation, Slovenia, Spain, Tajikistan, The former Yugoslav Republic of Macedonia, Tunisia, Ukraine, Uruguay and Yugoslavia.

11.  Aruba, French Guiana, French Polynesia, Guadeloupe, Martinique, New Caledonia, Réunion and St. Pierre and Miquelon.

12.  As pointed out by the Joint ILO/WHO Committee on the Health of Seafarers (Seventh Session, May 1993).

13.  See ILO: Deferred examination of the need for revision of Conventions concerning seafarers and fishermen (Geneva, doc. GB.274/LILS/WP/PRS/2, Mar. 1999).

14.  ILO: Report of the Working Party on Policy regarding the Revision of Standards (Geneva, doc. GB. 274/4(Rev.1), Mar. 1999), paras. 25-27. The LILS Committee recommended, inter alia, in GB.274/10/2 and Corr. that the Governing Body take note of the report and approve its recommendations.

15.  Belgium, Bosnia and Herzegovina, Costa Rica, Cyprus, Ecuador, France, Germany, Guatemala, Guinea, Italy, Liberia, Mauritania, Netherlands, Panama, Peru, Slovenia, Spain, The former Yugoslav Republic of Macedonia, Tunisia, United Kingdom, Uruguay and Yugoslavia.

16.  Anguilla, Aruba, British Virgin Islands, Falkland Islands, French Guiana, French Polynesia, Gibraltar, Guadeloupe, Guernsey, Martinique, Montserrat, New Caledonia, Réunion, St. Helena, and St. Pierre and Miquelon.

17.  Belgium, Brazil, Djibouti, France, Germany, Panama, Senegal, Sierra Leone, Syrian Arab Republic and Trinidad and Tobago.

18.  French Guiana, French Polynesia, Guadeloupe, Martinique, New Caledonia, Réunion, and St. Pierre and Miquelon.

19.  Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Denmark, Djibouti, France, Germany, Greece, Kyrgyzstan, Netherlands, Norway, Panama, Russian Federation, Sierra Leone, Slovenia, Spain, Tajikistan, The former Yugoslav Republic of Macedonia, Ukraine, United Kingdom and Yugoslavia.

20.  Anguilla, Aruba, Bermuda, British Virgin Islands, Falkland Islands, Faeroe Island, French Guiana, Guernsey, French Polynesia, Gibraltar, Greenland, Guadeloupe, Isle of Man, Martinique, Montserrat, New Caledonia, Réunion, and St. Pierre and Miquelon.

21.  That is, it is not related to a Convention.

22.  ILO: Report of the Committee on Conditions of Work in the Fishing Industry (Geneva, doc. CCF/3/6, Nov. 1978), Annex II.

23.  See Conventions Nos. 55 (other than coastwise fishing vessels), 56 (sea fishing only), 163, 164, 165, 166, 178, 179 and 180.

24.  For the full text of the resolution see Annex 2.

25.  ILO: Composition and purpose of the sectoral meetings to be held in 1998-99 (Geneva, doc. GB.268/STM/1, Mar. 1997), para. 28.

26.  Under article 22 of the Constitution each Member agrees to submit an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party.

27.  Seafarers' Welfare Convention, 1987 (No. 163), Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164), Social Security (Seafarers) Convention (Revised), 1987 (No. 165), Repatriation of Seafarers Convention (Revised), 1987 (No. 166), Labour Inspection (Seafarers) Convention, 1996 (No. 178), Recruitment and Placement of Seafarers Convention, 1996 (No. 179), Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180).

28.  Convention No. 55 -- other than coastwise fishing vessels; Convention No. 56 -- sea fishing only.

29.  The basic Convention on seafarers' living and working conditions, the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), states that it does not apply to "ships engaged in fishing or in whaling or in similar pursuits" (Article 1(4)(b)).

30.  Most of the Conventions on social security which apply to seafarers have a limited number of ratifications. In a letter to the Office (sent in connection with the Working Party of the LILS Committee) it was noted by a Working Group of the International Shipping Federation and the International Transport Workers' Federation that "Members of the ISF/ITF Working Group considered the following instruments concerning maritime social security standards: Conventions Nos. 8, 55, 56, 70 and 71 and Recommendations Nos. 10, 75 and 76. It was noted that many of these instruments had been superseded by Convention No. 165, but that Convention No. 165 had received only two ratifications at 25.05.98. It was the view of the Working Group that Convention No. 165 was unlikely to attract widespread ratification in the near future and could not therefore be regarded as an adequate replacement for the previously adopted instruments. (...) The Working Group therefore decided to meet again in order to discuss the problem concerning social security standards for seafarers and to prepare a report for consideration by the Joint Maritime Commission".

31.  Ratified (as of 1 Apr. 1999) by 11 States: Brazil, Czech Republic, Denmark, Finland, Hungary, Mexico, Norway, Slovakia, Spain, Sweden and Switzerland.

32.  Ratified (as of 1 Apr. 1999) by nine States: Brazil, Czech Republic, Finland, Germany, Hungary, Mexico, Slovakia, Spain and Sweden.

33.  Ratified (as of 1 Apr. 1999) by two States: Hungary and Spain.

34.  Ratified (as of 1 Apr. 1999) by seven States: Australia, Brazil, Guyana, Hungary, Luxembourg, Mexico and Spain.

35.  Copies of these standards may be obtained directly from the ILO or can be viewed via the ILO website at http://www.ilo.org.

 

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