Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Guatemala (Ratification: 1961)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows. Further to its previous comments, the Committee notes the Government’s indication of the absence of a fishing fleet, as fishing is still eminently artisanal. In this regard, the Committee requests the Government to provide information on any evolution of the sector which has a bearing on the implementation of the Conventions.

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

Article 2 of the Convention. Minimum age of admission to work in the fishing industry. The Committee requested the Government, in its previous comments, to indicate any measure taken to expressly prohibit the employment of children under the age of 15 years on board fishing vessels, subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the General Labour Inspectorate, in application of the Minimum Age Convention, 1973 (No. 138), has not issued any work permit to young workers under 15 years of age since 2013. The Committee observes, however, that the Constitution and the Labour Code fix the minimum age of admission to work at 14 years. While noting the information provided by the Government, in the absence of a clear provision establishing the minimum age for fishers, the Committee requests the Government once again to indicate any measure taken or envisaged to expressly include in the national legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels.

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

Article 2 of the Convention. Medical certificate. The Committee noted in its previous comments that, according to the Maritime Department of the Ministry of National Defence, there were no regulations allowing to monitor compliance with the application of the Convention in practice. The Committee requested the Government to provide information on the application of Resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, which stipulates that navigation permits are only issued subject to a certificate from the port authority verifying that the crew members’ medical certificates are valid. The Committee notes the Government’s information that the Ministry of National Defence has indicated that, in relation to the aforementioned resolution, the port authority is competent, inter alia, for verification of competency, verification of navigation safety standards of vessels, but is not in charge of medical certificates. The Committee further notes the Government’s indication that the port authority does not have any register nor statistics on fishers in possession of medical certificates. The Government adds that given that the fishing sector is artisanal and mostly a subsistence activity, the inclusion of medical examination among the conditions for navigation would increment the costs of this activity. Recalling that, as provided under Article 2 of the Convention, no person shall be engaged for employment on a fishing vessel unless he produces a certificate attesting to his fitness for the work, the Committee requests the Government to indicate the measures taken to ensure the implementation of the Convention.

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

Article 6(3) of the Convention. Particulars of articles of agreement. The Committee requested the Government to indicate whether it envisaged including in the standard articles of agreement for fishers both a clause concerning the provisions supplied to the fisher according to section 7(g) of Government Order 10 80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention, and a clause concerning the way the wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee notes the Government’s reply that such inclusion has not been contemplated, since it is first necessary to adapt the model agreement – whose revision is still pending and will be conducted as soon as possible – to the current fishing conditions, which have varied markedly since the date of Government Order 10-80. The Committee takes note of this information and requests the Government to indicate the measures taken or envisaged to update the model articles of agreement to put it into full conformity with the Convention.

Article 8. Information on board as to the conditions of employment. The Committee noted that the Government had confirmed that there was no provision enabling fishers to obtain information on board concerning their conditions of employment, as fishing was, for the most part, artisanal and, very frequently, family-based. It was requested to provide information on the outcome of the work it had begun on this subject with the collaboration of the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. The Committee recalls that this provision of the Convention requires that clear information as to the conditions of employment needs to be obtained on board to enable the fisher to satisfy himself as to the nature and extent of his rights and obligations. The Committee notes that the Government did not provide any specific information in this regard and requests it to indicate any measure taken or envisaged to implement this requirement of the Convention.

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

Article 3(1) of the Convention. Articles of agreement in writing. The Committee takes note of the standard articles of agreement for fishers that has been established by the Ministry of Labour and Social Affairs. It notes that this document does not contain any clauses concerning the provisions supplied to the fisher, as provided for under section 7(g) of Government Order 10-80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention. Furthermore, the standard agreement contains a clause referring to the fisher’s wage, but does not contain any provision concerning the way this wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee requests the Government to indicate if it envisages including these two references in the standard articles of agreement for fishers, particularly in view of the fact that these workers are frequently remunerated on the basis of a share of the catch. In this respect, the Committee draws the Government’s attention to Articles 16 to 20 and Annex II of the Work in Fishing Convention, 2007 (No. 188), which contain provisions similar to those of Convention No. 114, especially with respect to the particulars that should be contained in the articles of agreement.

Article 8. Information on board as to the conditions of employment. Further to its previous comment, the Committee notes the Government’s indication that no provision has been made for the fishers to seek information concerning their conditions of employment on board as fishing is, for the most part, artisanal and family-based. It also notes that, anxious to implement the Convention, the Government has taken the initiative to carry out work on this subject together with the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. It requests the Government to keep the Office informed of the outcome of this work. The Committee also recalls that the same requirement is incorporated in Article 18 of Convention No. 188, which stipulates that the fisher’s work agreement, a copy of which must be provided to the fisher, must be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request.

Part V of the report form. Practical application. The Committee notes the Government’s statements that it is not at present in a position to provide the information requested in its previous comment. It requests the Government to provide, as soon as practicable, information on the application of the Convention in practice, such as data on the number of fishers covered by the legislation giving effect to the Convention, the number and tonnage of fishing vessels, as well as the number of infringements of the provisions implementing the Convention recorded by the labour inspection services and the corrective measures taken.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, and particularly the indication that Executive Agreement No. 10-80 of 9 May 1980 issuing regulatory standards for the application of international labour Convention No. 114 remains in force. It would, however, be grateful for further information on the following points.

Article 3, paragraph 1, of the Convention. Articles of agreement in writing. The Committee notes the information that enterprises in the fishing sector only hire the master, who then has to hire the crew. It also notes that, according to the information provided by the Government, the contracts concluded between the master and the fishers are nearly always established orally. In this respect, the Committee recalls that, under the terms of the Convention: articles of agreement for fishers shall be signed both by the owner of the fishing vessel and the fisher (Article 3); it shall be ensured that the agreement does not depart from the ordinary rules as to jurisdiction (Article 4); and the agreement shall include an exhaustive series of particulars (Article 6). The Committee requests the Government to indicate the measures adopted or envisaged to ensure that these Articles of the Convention are given full effect in both law and practice.

Article 8. Provision of information on board as to the conditions of employment. The Committee notes that Executive Agreement No. 10-80 of 9 May 1980 does not appear to contain provisions on the measures to be taken to ensure that the fisher may satisfy himself on board as to the conditions of employment. It requests the Government to indicate the manner in which the application of the Convention is secured in this respect.

Part V of the report form. The Committee notes the information provided by the Government concerning the number of inspections carried out between 2003 and 2006. It requests the Government to continue providing general information, such as data on the number of fishermen signing on each year; a copy of the model articles of agreement, and the service records currently used, if such documents exist; extracts from the reports of the labour inspection services indicating the number and nature of any infringements reported; the number and nature of fishing vessels in operation covered by the Convention; and any other relevant information which would enable the Committee to assess the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report. Regarding section 190 of the Labour Code, referred to by the Government, the Committee requests the Government to confirm that Executive Agreement No. 10-80 of 9 May 1980, "Regulatory standards for the application of the Fishermen’s Articles of Agreement Convention, No. 114" is still in force.