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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(2) of the Convention. Scope of application. Exemptions. The Committee, in its previous comment, requested the Government to indicate whether the exemption from the provisions of the Employment Conditions Law was granted to seagoing British ships having a gross registered tonnage of 80 tons or more after consultations by the competent authority with the fishing-boat owners’ and fishers’ organizations. The Committee notes the Government’s indication, in its report, that a consultative document in respect of the draft provisions of the Employment Conditions Law, foreseeing this exemption, was circulated by the Labour and Welfare Committee as a basis for discussion with representatives of local employers and employees and other interested bodies. The Committee notes the Government’s statement that, as a result, it is highly likely that boat owners’ and fishers’ associations would have had the document circulated to them and been invited to comment. The Committee takes note of this information. The Committee further notes the Government’s indication that there is only one fishing vessel over 80 gross tons registered in Guernsey. The Committee requests the Government to provide information on any developments regarding its fishing fleet.

Articles 3, 6 and 9. Articles of agreement. The Committee requested the Government to indicate the measures taken or envisaged to give effect to these articles of the Convention. The Committee notes the Government’s indication that the States of Guernsey’s Government Work Plan establishes the political priority areas for legislative and policy development between 2021–25 and that there is scope within that Plan for legislative or policy development in order to meet international obligations, and the further enactment of measures relating to this Convention can be considered alongside other international obligation-related priority areas. While noting this information, the Committee requests once again the Government to take concrete measures to give effect to the aforementioned requirements of the Convention, taking into account its previous comments (Articles 3, 6 and 9).

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

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.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that, according to the Government’s report, there have been no changes affecting the application of the Convention in either law or practice. The Committee understands, however, that a consolidated Merchant Shipping Act was adopted in 1995, section 109 of which refers to the engagement and discharge of crews of fishing vessels and provides for regulations relating to crew agreements. It also understands that the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) (Fishing Vessels) Regulations, 1972, which had been issued under the Merchant Shipping Act of 1970, continue to apply. The Committee requests the Government to clarify whether the provisions of the Merchant Shipping Act 1995 – especially those of Part V on fishing vessels – have been extended to Guernsey, as provided for in section 315(2) of the Act and, if so, to transmit a copy of the relevant Order in Council.

The Committee also notes that since the ratification of the Convention, no general information has ever been made available regarding its application in practice. The Committee would therefore be grateful if the Government would provide in its next report, in accordance with Part V of the report form, up to date information on the practical application of the Convention including, for instance, statistics concerning the overall number of fishers to whom the Convention applies, the average number of fishers signed on per year, extracts from reports of the labour inspection services showing the number and nature of any contraventions reported, a copy of the standard form of crew agreement currently in use, as well as copies of any collective agreements in force regulating matters dealt with in the Convention.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.