Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Cyprus (Ratification: 1966)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information concerning the adoption of the Merchant Shipping (Minimum Safety and Health Requirements for Work on Board Fishing Vessels) Law, No. 160 of 2002, which entered into force on 1 January 2003.

The Committee notes the Government’s indication that the Cyprus merchant shipping legislation does not distinguish between fishermen and seafarers, and that the legislation is applicable to all seafarers in general. It would be grateful if the Government could indicate: (i) specific provisions of the national legislation determining that the term “seafarer” includes fishermen as well; and (ii) specific provisions of the national legislation making the Merchant Shipping (Masters and Seamen) Law, No. 46 of 1963 (as amended) applicable to fishing vessels and fishermen employed therein.

The Committee also notes the Government’s indication that effect to Article 8 of the Convention is given by Part VIII of Law No. 13(III) of 1995 on the ratification of Convention No. 147. It recalls that in accordance with Article 1, paragraph 4(b), of Convention No. 147, that Convention does not apply to ships engaged in fishing or in whaling or in similar pursuits. The Committee would be grateful if the Government could indicate specific provisions of the national legislation making Law No. 13(III) of 1995 applicable to fishing vessels and fishermen employed therein.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.