Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Belgium (Ratification: 1963)

Article 3(1) and (4) of the Convention. Examination of the articles of agreement before they are signed. With reference to its previous comment, the Committee notes the Government’s indication that the Act of 3 May 2003 does not precisely set out the possibility for the fisher and, as the case may, his advisor to examine the articles of agreement before they are signed. However, the Government indicates that this possibility is derived from the general theory of obligations according to which, during the pre-contract phase, the parties have to benefit from an adequate reflection period to examine the draft agreement. In this respect, the Committee recalls that the Convention requires national law to ensure that the fisher has understood the agreement, and benefits from facilities to examine the articles of agreement before they are signed. The Committee therefore hopes that, when the opportunity arises, that Government will take the necessary measures to give full effect to these provisions of the Convention. The Committee recalls in this respect that the same provisions have been included in Articles 16 and 17(a) of the Work in Fishing Convention, 2007 (No. 188), which refer to a work agreement that is comprehensible to fishers and require the adoption of laws, regulations or other measures regarding procedures for ensuring that a fisher has an opportunity to review and seek advice on the terms of the work agreement before it is concluded.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services and statistical data on the number of fishers signed on each year and, where appropriate, the number and nature of the contraventions reported.

Finally, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO instruments on fishing. In particular, Articles 16 to 20 and Annex II of Convention No. 188 are based on and extend the provisions of Convention No. 114. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.