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

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

Article 3 of the Convention. Articles of agreement. Further to its previous comment, the Committee notes the Government’s reference to Part V of the Merchant Shipping (Bailiwick of Guernsey) Law of 2002, which addresses fishing vessels. It notes, in particular, section 111(1) of the Law which empowers the Board (defined in section 294 to mean the Public Services Department of the State of Guernsey) to make regulations prescribing the procedure to be followed in connection with the making of crew agreements between persons employed in Guernsey fishing vessels and persons employing them. The Committee requests the Government to indicate whether any such regulations have been issued or otherwise how effect is given to the principal requirements of the Convention, including the written form of the fisher’s work agreement (Article 3), the maintenance of a record of employment (Article 5), the particulars to be included in the agreement (Article 6) and the possibility to obtain information on board as to the conditions of employment (Article 8).

Moreover, the Committee notes the Government’s indication that at present there are no fishing vessels over 80 feet in length registered in Guernsey and therefore the Convention is not applicable to Guernsey fishers. The Committee recalls, in this regard, that in accordance with Article 1(1), the Convention is applicable to all ships or boats of any nature whatsoever, whether publicly or privately owned, which are engaged in maritime fishing in salt water. It also recalls that Article 1(2) of the Convention allows for exemptions with respect to fishing vessels of a certain type or size if so decided by the competent authority after consultations with the fishing-boat owners’ and fishers’ organizations concerned. No exemption of fishing boats has been communicated to the Office and accordingly the Convention applies to all fishing vessels registered in Guernsey irrespective of their size. The Committee requests the Government to keep the Office informed of all practical developments in the fishing sector which might have an impact on the application of this Convention.