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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the reports provided by the Government on the application of Conventions Nos 113, 114, 125 and 126 respecting the fishing sector. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113) Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114) Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

The Committee notes the Government’s indication that the national legislation implementing Conventions Nos 113, 114 and 126 has been amended with a view to the transposition of Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation. The Government adds that the procedure for the ratification of Convention No. 188 is still under way. The Committee takes note of this information.

Fishermen ’ s Competency Certificates Convention, 1966 (No. 125)

Articles 6 to 9 of the Convention. Minimum age and minimum experience required. In reply to its previous comment, the Government refers to the Act of 12 June 2020 on work in fishing, and the two royal orders implementing Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the ILO Work in Fishing Convention, 2007 of the International Labour Organisation. The Committee takes note of this information.

Article 15. Penalties. The Committee notes the Act of 25 December 2016 establishing administrative fines applicable in the event of offences under maritime laws, which has been provided by the Government. The Committee notes that the Act does not provide for penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate. The Committee therefore requests the Government to indicate the national provisions that have been adopted or are envisaged to give effect to Article 15 of the Convention.

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

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.

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

The Committee notes with interest the adoption of the Act of 3 May 2003 issuing regulations on articles of agreement for maritime fishing and improving the labour conditions of fishers, and the Royal Order of 17 February 2005 implementing the Act. It would be grateful to be provided with additional information on the following points.

Article 1, paragraph 3, of the Convention. Collective agreements. The Committee requests the Government to indicate whether collective agreements are applicable in the maritime fishing sector and, if so, to provide copies.

Article 3, paragraph 1. Examination of articles of agreement before they are signed. The Committee notes that, by virtue of section 7(2) of the Act of 3 May 2003 referred to above, articles of agreement may only be concluded by the fisher, who has to sign the articles in person. However, it notes that the Act does not contain any provision establishing the possibility for the fisher, or his/her representative, to examine the articles of agreement before they are signed. The Committee requests the Government to indicate the measures adopted to allow such examination, in accordance with this provision of the Convention.

Article 3, paragraph 2. Conditions under which the fisher shall sign the agreement. The Committee notes that section 13 of the Act of 5 June 1928, issuing regulations respecting maritime articles of agreement, provides that the articles of agreement shall be approved by the maritime commissioner and attached to the crew list. However, it notes that, by virtue of section 70 of the Act of 3 May 2003, the Act of 5 June 1928 is repealed in so far as it relates to articles of agreement for maritime fishing. The Committee requests the Government to indicate whether section 13 of the Act of 5 June 1928, which forms part of Chapter III on the engagement of seafarers and does not therefore, strictly speaking, address articles of agreement for maritime fishing, is still applicable.

Article 4. Competent jurisdiction. The Committee requests the Government to indicate the jurisdictions that are competent in relation to disputes concerning the articles of agreement of fishers.

Article 6, paragraph 1. Duration of articles of agreement. The Committee notes that section 8(1) of the Act of 3 May 2003 only provides for the conclusion of articles of agreement for the duration of a seagoing voyage, with such articles being renewable. It requests the Government to indicate whether measures are also envisaged to allow the conclusion of articles of agreement for maritime fishing for a definite period, or even for an indefinite period.

Article 6, paragraph 3. Particulars to be contained in the articles of agreement. The Committee requests the Government to indicate whether national laws or regulations provide that the date of birth or age of the fisher and his/her birthplace shall be contained in the articles of agreement, as required by the Convention. The Government is also requested to indicate whether the articles of agreement have to indicate the scale of provisions to be supplied to the fisher, or whether some alternative system is provided for by national law. With regard to remuneration, the Committee notes that, under the terms of section 30 of the Act of 3 May 2003, the wage of the fisher cannot be lower than the amount obtained by multiplying the guaranteed daily minimum wage by the number of days of the voyage at sea. It also notes that the guaranteed daily minimum wage shall be determined by a collective labour agreement made binding by the King. The Committee requests the Government to indicate whether this collective agreement has been concluded and, if so, to provide a copy.

Part V of the report form. 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 information concerning the average number of seafarers signed on each year, and the number and nature of the contraventions reported.