Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Implementing legislation. The Committee, in its previous comment, had requested the Government to indicate whether any regulation relating to fishing vessels’ crew agreements had been issued under Section 111(1) of the Merchant Shipping (Bailiwick of Guernsey) Law of 2002 (hereinafter, the “Merchant Shipping Law”), or otherwise how effect was given to the principal requirements of the Convention. The Committee notes the Government’s indication in its report that: (1) no such regulations have yet been made, and that at present effect is given to the principal requirements of the Convention mainly by the Conditions of Employment (Guernsey) Law, 1985 (hereinafter, the “Employment Conditions Law”); (2) sections 247 to 250 of the Merchant Shipping Law provide officers with powers of boarding, inspection and to require production of documents; and (3) sections 17 and 18 of the Seafarer Recruitment and Placement Services (Maritime Labour Convention 2006) (Guernsey and Alderney) Ordinance, 2013 offer further relevant protections to fishers using recruitment and placement agencies. The Committee takes note of this information.

Article 1(2). Exemptions. The Committee notes that, according to section 7(1)(a) of the Employment Conditions Law, sea-going British ships having a gross registered tonnage of 80 tons or more are exempted from the provisions of this Law. The Government has indicated that currently this exemption applies to one Guernsey fishing vessel. The Committee recalls that, under Article 1(2), exemptions with respect to fishing vessels of a certain type or size may be granted if so decided by the competent authority after consultations with the fishing-boat owners’ and fishers’ organizations concerned. The Committee requests the Government to indicate whether the exemption was granted after consultations by the competent authority with the fishing-boat owners’ and fishers’ organizations.

Articles 3, 6 and 9. Articles of agreement. The Committee notes that the following requirements of the Convention are not covered by national law:

• -(a) the provision of reasonable facilities to examine the articles of agreement before they are signed (Article3(1));
• -(b) the conditions to be prescribed by national law in order to ensure adequate supervision by the competent authority of the signature of the agreement by the fisher (Article 3(2));
• -(c) the inclusion in the articles of the agreement of the following particulars: (i) the date of birth or the age, and the birthplace of the fisher (Article 6(3)(a)); (ii) the place at which the agreement was completed (Article 6(3)(b)); (iii) the name of the fishing vessel or vessels on board which the fisher undertakes to serve (Article 6(3)(c)); (iv) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement (Article 6(3)(d)); (v) if possible, the place at which the fisher is required to report on board for service (Article 6(3)(f)); and (vi) the scale of provisions to be supplied to the fisher, unless some alternative system is provided for by national law (Article 6(3)(g));
• -(d) the possibility to obtain information on board as to the conditions of employment (Article 8).
• -(e) the circumstances for termination of the agreement (Article 9).

In view of the above, the Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention.