Work in Fishing Convention, 2007 (No. 188) - Angola (Ratification: 2016)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights.

Article 2 of the Convention. Scope. Cases of doubt. The Committee notes the Government’s indication that, according to section 47 of the Aquatic Biological Resources Law, fishing is defined as either non-commercial or commercial fishing, the latter being classified as industrial, semi-industrial, or artisanal fishing. It further notes that section 48 of the General Fishing Regulation states that, in case of doubt, the Minister of Fisheries shall decide the category to be given to the fishing vessel. The Committee requests the Government to indicate whether cases of doubt have arisen as to whether any vessels are to be regarded as engaged in commercial fishing for the purposes of the Convention, and whether consultations have taken place in the procedure used for the determination of the question. The Committee further requests the Government to indicate whether the protective coverage of the provisions of the Convention which are applicable to vessels of 24 meters in length and over has been extended, in whole or in part, to fishers working on smaller vessels and provide information on the consultations which have been held in this respect.

Article 3. Scope of application. Exclusions. The Committee notes the Government’s indication that fishing vessels engaged in artisanal and semi-industrial fishing as well as fishing in inland waters are excluded from the scope of application of the rules that give effect to the Convention in Angola, and that such exclusions are justified by the length of these vessels. The Committee also notes the Government’s indication that partial application of the Convention is suggested for vessels of 20 to 23 meters in length and that the Convention is partially applied to artisanal and semi-industrial fishing vessels in relation to the minimum age and the medical certificate. The Committee requests the Government to provide information on the consultations held with the representative organizations of employers and workers concerned by the aforementioned exclusions, in particular the representative organizations of fishing vessel owners and fishers, where they exist. It further requests the Government to provide information on any measures taken to ensure equivalent protection to the excluded categories of workers, providing copies of the relevant legislation in this regard.

Article 5. Scope. Basis for measurement. The Committee notes the Government’s indication that, in accordance with the General Fishing Regulation, length overall (LOA) is the basis for measurement. The Committee recalls that under Article 5, the competent authority, after consultation, may decide to use LOA in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I.  The Committee, therefore, requests the Government to indicate whether the use of LOA in place of L as the basis for measurement is in accordance with the equivalence set out in Annex I, and to provide information on the consultations held in this respect.

Article 6. General principles. Implementation. The Committee notes that the Government’s report does not contain a copy of any of the laws and regulations to which it makes reference. It also notes that the Government’s report contains no information on the act to be adopted by the Head of the Executive Branch, as provided in section 25(6) of the General Labour Law, with a view to establishing special conditions of employment for work on board. The Committee, therefore, requests the Government to provide detailed information on any acts adopted in accordance with the aforementioned section 25(6), as well as copies of any laws, regulations or other measures that it has adopted to fulfil its commitments under the Convention with respect to fishers and fishing vessels under its jurisdiction.

Article 8. Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that the Government refers to section 100 of the General Fisheries Regulation, which establishes the obligation borne by the skipper to observe and have observed by the persons and crews on board the relevant provisions of the Aquatic Biological Resources Act, the General Fisheries Regulation and other pertinent legislation. It also notes that section 37 of the Aquatic Biological Resources Law states that the holders of commercial fishing licenses must comply with the obligations arising from the rules of navigation and fishing, in particular the obligations relating to hygiene and safety at work. The Committee, however, observes that these provisions do not reflect the detailed requirements of Article 8 on the responsibilities of fishing vessel owners, skippers, and fishers. The Committee, therefore, requests the Government to indicate how it is ensured in national law and practice that a) the fishing vessel owner has the overall responsibility for providing the necessary resources and facilities to enable the skipper to comply with the obligations of the Convention; b) the skipper has responsibility for the safety of the fishers on board and the safe operation of the vessel; and c) the skipper is free from constraint on the part of the fishing vessel owner to take any decision that he or she deems necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board.

Article 9(1) and (2). Minimum age. The Committee notes the Government’s indication that the minimum age, as established by section 254(4) of the General Labour Law, is 14 years old. It also notes the Government’s indication that the seafarer's document is only granted for persons over the age of 18. However, the Committee notes that the Regulation on Seafarers referred to by the Government, provides, in its section 23(2), for the granting of the certificate of physical fitness – a requirement for the maritime registration, for seafarers under 18 years old. The Committee recalls that the minimum age for work on board a fishing vessel shall be 16 years and that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing, or who perform light work during school holidays (Article 9(1) and (2)).  The Committee, therefore, requests the Government to take the necessary measures to bring its legislation into full conformity with Article 9(1) and (2). Additionally, the Committee requests the Government to clarify whether the Regulation on Seafarers applies to all fishers engaged in commercial fishing.

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that, according to section 256 of the General Labour Law, it is forbidden to assign minors work which, by its nature and potential risks, or by the conditions under which they are taught, is harmful to their physical, mental and moral development. It also notes that, according to the same provision, the types of work whose exercise is forbidden or conditioned to minors, as well as the conditions under which minors who have completed 16 years of age may have access to such types of work for practical professional training are established by a specific Act of the Head of the Executive Branch. The Committee requests the Government to inform whether such an act has been adopted and whether it has any provisions related to work in fishing. The Committee further requests the Government to: a) specify the activities on board fishing vessels which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons; and b) to indicate whether the persons of the age of 16 who are allowed to perform hazardous work for practical vocational training have their health, safety and morals fully protected and are required to complete basic pre-sea safety training, as required by Article 9(5).

Article 9(6). Minimum age. Night work.  The Committee notes that section 259 of the General Labour Law states that minors under 16 years cannot work in the period between 20 hours of one day and 7 hours of the following day, and minors aged 16 or over can only work in the aforementioned period if strictly indispensable for their professional training. In the absence of specific information in this regard, the Committee requests the Government to confirm that the engagement of fishers under the age of 18 for work at night is prohibited and that the term “night” is defined to cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. It further requests the Government to indicate whether the only exception foreseen to such restriction is for fishers aged 16 or over for whom night work is strictly indispensable for their professional training, as provided in the General Labour Law, having the competent authority determined after consultation that the night work will not have a detrimental impact on the fishers’ health or well-being.

Articles 10-13. Medical examination. The Committee notes sections 15 to 24 of the Regulation on Seafarers on the certificate of physical and mental fitness. It also notes that section 42 states that boarding is only allowed to seafarers who hold a certificate of physical and mental fitness, except for crew members of vessels registered as local vessels which are not required to have such a certificate. The Committee requests the Government to indicate whether the exemption from the certificate of physical and mental fitness for crew members of vessels registered as local vessels takes into account the safety and health of fishers, size of the vessel, availability of medical assistance and evacuation, duration of the voyage, area of operation and type of fishing operation, and to provide information on the relevant consultations required by the Convention. In this sense, it further requests the Government to provide the definition of local vessels, and to confirm that it does not encompass fishing vessels of 24 meters in length and over or which normally remain at sea more than three days. The Committee also requests the Government to give particulars of the laws, regulations or other measures providing for the nature, form, and content of medical certificates. Additionally, the Committee requests the Government to confirm that when a medical certificate expires in the course of a voyage, it remains in force until the end of that voyage.

Articles 13 and 14. Manning and hours of rest. The Committee notes that sections 3 and 4 of the Regulations on the Safe Level of Manning of Ships and Vessels provide that national vessels may not operate without having on board the crew that constitutes their safe manning level, defined as the minimum number of crew established for each ship or vessel in order to ensure the safety of navigation, crew, passengers, ship or vessel and cargo or catch, as well as the protection of the marine environment. It also notes that the Government’s report contains very little information on hours of rest. The Committee requests the Government to provide detailed information on the laws, regulations or other measures requiring owners of a fishing vessel flying the national flag to ensure that: a) their vessels are under the control of a competent skipper; and b) fishers are given regular periods of rest of sufficient length to ensure safety and health. It also requests the Government to specify: a) the minimum level of manning, i.e. the number and qualifications of fishers, which has been established for the safe navigation of vessels of 24 meters in length and over; and b) the minimum hours of rest to be provided to fishers working on vessels regardless of size that remain at sea for more than three days, as well as any temporary exceptions. Moreover, the Committee requests the Government to indicate whether under the laws and regulations in force the skipper of a fishing vessel is entitled to suspend the schedule of hours of rest and require a fisher to perform any hours of work if the immediate safety of the vessel, the persons on board, or the catch so requires, or in case assistance needs to be given to other boats, or ships or persons in distress at sea.

Article 15. Crew list. The Committee notes that the Government refers to sections 101 and 106 of the General Fishing Regulation in relation to documents on board and crew list. The Committee observes, however, that such provisions do not make specific reference to the obligation of establishing a crew list on board every fishing vessel and communicating a copy of it to authorized persons ashore. The Committee requests the Government to describe the procedures for establishing a crew list on board every fishing vessel and for communicating a copy of it to authorized persons ashore prior to or immediately after departure of the vessel. It further requests the Government to specify to whom, when and for what purpose such information is to be provided. Moreover, the Committee asks the Government to provide a specimen copy of any standard crew list form that may be in use.

Article 16. Fisher’s work agreement. Annex II. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels. The Committee notes, however, that some particulars required under Annex II, such as the place at which and date on which the agreement was concluded and the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisher undertakes to work, are not included in the above-mentioned provisions. The Committee, therefore, requests the Government to indicate how it ensures full conformity with Article 16(b) and Annex II.

Article 17. Fisher’s work agreement. Examination of the terms, records of service and settlement of disputes. In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures that a fisher has an opportunity to review and seek advice on the terms of the fisher’s work agreement before it is concluded. It further requests the Government to give details about the laws, regulations or other measures adopted regarding the maintenance of records concerning the fisher’s work under such an agreement and the means of settling disputes in connection with the fisher’s work agreement.

Article 18. Fisher’s work agreement. Availability on board to the fisher and other concerned parties. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels, which provides in its item 7 that the special conditions of engagement shall be made available to the seafarers by the shipowner and posted in the crew places. The Committee requests the Government to clarify whether the fisher’s work agreement 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.

Article 20. Fisher’s work agreement. Signature. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels, which provides that work agreements shall be in writing, except when the duration of the voyage is estimated to be up to 21 days.  Noting that this provision is not in conformity with the Convention, the Committee requests the Government to take the necessary measures to ensure that each fisher has a written fisher’s work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner, regardless of the duration of the voyage. In the absence of specific information in this regard, it further requests the Government to confirm that where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 21. Repatriation. The Committee notes the Government’s reference to section 25(6) of the General Labour Law, which states that an act to be adopted by the Head of the Executive Branch with a view to establish special conditions of employment for work on board shall cover the conditions of repatriation in cases where the voyage ends in a foreign port or in a port other than that of departure. The Committee, therefore, requests the Government to indicate whether such an act has been adopted and to provide details on how it ensures full conformity with Article 21.

Article 22. Recruitment and placement. The Committee notes the Government’s reference to section 40(1) of the Regulation on Seafarers, which states that seafarers may be recruited directly by the companies or through maritime placement agencies and, under certain circumstances, by the skippers or masters of the vessels. Noting that the Government’s report does not contain information on the implementation of Article 22, the Committee requests the Government to: a) indicate whether a public service providing recruitment and placement for fishers operates in the country and, if so, specify how it is ensured that the service in question forms part of, or is coordinated with, a public employment service for all workers and employers; b) indicate whether private recruitment and placement services for fishers are authorized in the country and, if so, to give information about the system of licensing, certification or other form of regulation applicable to the operations of private recruitment and placement services for fishers, as well as on the consultations preceding the establishment or modification of such system or regulation; c) provide particulars of the national laws, regulations or other measures setting out the conditions under which private recruitment and placement services for fishers can operate, specifying in particular the conditions under which the licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations; and d) give particulars of the national laws, regulations or other measures prohibiting recruitment and placement services, whether public or private, from using means, mechanisms or lists intended to prevent or deter fishers from engaging for work, and also requiring that no fees or other charges for recruitment or placement be borne directly or indirectly, in whole or in part, by the fishers concerned.

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s reference to section 62(1) of the General Labour Law, which states that the employer must draft and approve work regulations in which are established the system of remuneration. Noting that the Government’s report does not contain specific information on the implementation of Article 24, the Committee requests the Government to indicate how it is ensured that all fishers working on board fishing vessels are given a means to transmit all or part of their payments received, including advances, to their families at no cost.

Articles 25–28. Accommodation and food. In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures conformity with Articles 25 to 28 and Annex III.

Articles 29 and 30. Medical care.  In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures conformity with Articles 29 and 30.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes section 41(g) of the General Labour Law, which states that the employer must adopt and strictly enforce measures on occupational safety, health and hygiene as well as section 155(1)(d) and (2)(f) of the Aquatic Biological Resources Law, which states that it is the State's responsibility to adopt standards on occupational health and safety in fishing. The Committee requests the Government to provide a copy of any legislation adopted pursuant to the aforementioned provision of the Aquatic Biological Resources Law. In the absence of specific information in this regard, it further requests the Government to indicate how it ensures conformity with Articles 31 to 33.

Articles 34 and 35. Social security.  The Committee notes the Government’s reference to the Social Protection Fundamental Law, which provides for social protection for domestic and foreign resident employees as well as a social protection of progressive implementation for self-employed workers. The Committee notes that, in relation to employees, section 18 provides for a) protection in the event of illness; b) protection in the event of maternity; c) protection in the event of occupational risks, occupational accidents and illnesses; d) protection in the event of disability and old age; e) protection in the event of death; f) protection in the event of unemployment; and g) compensation for family expenses. In relation to the self-employed workers, section 23 provides for benefits in the event of disability, old age, or death, as provided for employees, and there may be an option for a broad scheme of benefits contemplating the eventuality of illness and maternity and the granting of funeral allowance. The Committee requests the Government to explain in detail whether and how the Social Protection Fundamental Law covers fishers ordinarily resident in the country, and their dependants to the extent provided in national law, under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in the country. In further requests the Government to indicate what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in the country.

Articles 36-37. Social security. Cooperation. Regional economic integration organizations. The Committee notes the Government’s indication that the Ministry of Agriculture and Fisheries has agreements in the field of fisheries with some countries such as Brazil, Namibia, Mozambique, and Norway. The Committee requests the Government to indicate in detail whether such agreements have the purpose of progressively achieving comprehensive social security protection for fishers, taking into account the principle of equality of treatment irrespective of nationality, and of ensuring the maintenance of social security rights acquired, or in the course of being acquired, by all fishers regardless of residence. In the absence of specific information in this regard, it further requests the Government to describe any rules concerning the social security legislation to which fishers are subject that may have been determined through bilateral and multilateral agreements or through provisions adopted in the framework of regional economic integration organizations.

Articles 38 and 39. Protection in the case of work-related sickness, injury or death.  The Committee notes the Government’s reference to a) Decree No. 50/05, of August 8, 2005, which establishes and regulates the protection in the event of the death of beneficiaries of the compulsory social protection regime, b) Decree No. 49/05, of August 8, 2005, which regulates the granting of the funeral allowance in the event of the death of the worker or retired person covered by compulsory social protection; and c) Decree No. 53/05, of August 15, 2005, which establishes the right to compensation for injuries resulting from occupational accidents and illnesses for employees and their families, which are covered by the mandatory social protection system, including foreign workers who work in the country. Decree No. 53/05 establishes that self-employed workers shall be protected in accordance with specific regulations and may voluntarily take out insurance in order to benefit from compensation for injuries resulting from occupational accidents and illnesses. The Committee requests the Government to explain in detail whether and how the aforementioned Decrees provide fishers, including self-employed fishers, with protection for work-related sickness, injury or death, giving particulars of the national laws, regulations or other measures which give full effect to Articles 38 and 39.

Articles 40-44. Compliance and enforcement. The Committee notes the Government’s reference to the Fisheries Inspection Regulation (Decree No. 43/05) and to section 165 of the Aquatic Biological Resources Act, which states that fishing vessels shall be subject to periodic inspections, as well as the information on the number of fines issued between 2013 and 2019 by the Ministry of Agriculture and Fisheries as a result of the inspection of fishing and aquaculture activities. The Committee requests the Government to clarify whether the Fisheries Inspection Regulation as well as the fines imposed by the Ministry of Agriculture and Fisheries as a result of the inspection of fishing activities relate specifically to inspection of living and working conditions on board fishing vessels. Furthermore, in the absence of specific information in this regard, it further requests the Government to indicate in detail how it ensures full conformity with Articles 40 to 44.