Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the Government’s second report on the application of the Convention.

Impact of the COVID-19 pandemic. The Committee notes that, in reply to its previous request, the Government indicates that all fishers working on industrial, semi-industrial and artisanal fishing vessels have worked without interruption during the COVID-19 pandemic to guarantee the supply of fish for families and the public. The Committee takes note of this information.

General questions on application. Implementing measures. The Committee notes that the Government provides insufficient information in reply to its previous comments. The Committee requests the Government to adopt without delay the necessary measures to implement the requirements of the Convention and to provide detailed information on the points raised below.

Articles 2 and 3 of the Convention. Scope and exclusions. The Committee previously noted the Government’s indication that: (i) 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 Convention; (ii) partial application of the Convention is suggested for vessels of 20 to 23 meters in length; and (iii) the Convention is partially applied to artisanal and semi-industrial fishing vessels in relation to the minimum age and the medical certificate. The Committee notes that, in reply to its previous comments, the Government indicates regarding Article 2 that no doubts arose on the qualification of industrial fishing vessels under section 59 of the General Fisheries Regulation. In relation to Article 3, the Government: (i) refers to the Management Measures for Marine Fisheries, Continental Fisheries and Aquaculture adopted annually through Presidential Decree after approval by the Consultative Council of the Ministry of Fisheries and Marine Resources with the participation of the representatives of associations of fisheries and aquaculture, as well as fisher vessel owners; and (ii) indicates that excluded fishers are supported by the Angolan state, through the Institute for the Development of Artisanal Fishing and Aquaculture, e.g. through registration, organization into fishing cooperatives and training. The Committee requests the Government to provide: (i) statistical data on the number of fishing vessels excluded from the scope of application of the Convention, by type of vessels (e.g. artisanal, semi-industrial, etc.); (ii) more specific information on any measures taken to ensure equivalent protection for the excluded categories of workers; and (iii) clarifications on how the Convention is currently applied to fishing vessels between 20 and 23 metres (i.e. non-excluded vessels), with an indication of the applicable national provisions.

Article 5. Scope. Basis for measurement. The Committee notes that, in reply to its request, the Government indicates that the provisions of the Convention shall apply in Angola to industrial fishing vessels of 26.5 length overall (LOA), which is equivalent to 24 metres under the Convention. The Committee takes note of this information.

Article 8. Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that the Government provides no new information in reply to its comments. The Committee therefore requests the Government to take the necessary measures to ensure that: (i) 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; (ii) the skipper has responsibility for the safety of the fishers on board and the safe operation of the vessel; and (iii) 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. It requests the Government to provide information on the legislation and other measures adopted in this regard.

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that the Government provides insufficient information in reply to its comments. It also notes that the General Labour Law No. 7/15 has been repealed by the General Labour Law No. 12/23. The Committee requests the Government to: (i) indicate whether any act has been adopted pursuant to section 39 of the General Labour LawNo. 12/23, which determines types of hazardous work prohibited or conditioned for persons under 18 years and the conditions under which persons from 16 years may have access to such works for the purposes of practical professional training, specifying whether such act has any provisions related to work in fishing; (ii) provide information on the consultations held in determining hazardous work in fishing, taking into account the risk concerned and the applicable international standards (Article 9(4)); and (iii) specify how persons from 16 years who are allowed to perform hazardous work on board fishing vessels for practical professional 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), indicating the applicable provisions.

Article 9(6). Minimum age. Night work. The Committee notes that the Government provides insufficient information in reply to its comments. The Committee requests again the Government to: (i) confirm whether the only exception to the prohibition of night work for fishers aged 16 or over is that provided in section 42(5) of the General Labour Law (work strictly indispensable for their professional training); and (ii) how the conditions under Article 6 are fulfilled (determination by the competent authority 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 that the Government provides no new information in reply to its comments. The Committee requests the Government once again: (i) to indicate whether the exemption from the certificate of physical and mental fitness for crew members of vessels registered as “local vessels” (section 42 of the Regulation on Seafarers) takes into account the safety and health of fishers, the size of the vessel, the availability of medical assistance and evacuation, the duration of the voyage, the area of operation and type of fishing operation, and to provide information on the relevant consultations required by the Convention; (ii) 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; (iii) to indicate the legislation or other measures providing for the nature, form, and content of medical certificates; and (iv) to confirm that when a medical certificate expires in the course of a voyage, it remains in force until the end of that voyage, indicating the relevant provisions.

Articles 13 and 14. Manning and hours of rest. The Committee notes that the Government provides no new information in reply to its comments. The Committee requests the Government to adopt the necessary measures to require fishing vessel owners ensure that: (i) their vessels are under the control of a competent skipper; and (ii) fishers are given regular periods of rest of sufficient length to ensure safety and health. It also requests the Government to specify: (i) 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 (ii) 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 national provisions 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, in reply to its previous comments, the Government refers to section II of Chapter VI of the Regulation on Seafarers, which regulates embarkation and disembarkation. It notes that section 44 of the Regulation, which also applies to fishing vessels, provides that documents relating to crew members must be available on board for the purposes of any checks by the competent authorities. Noting that this provision does not refer to the specific requirement of a crew list, the Committee requests a the Government to adopt without delay the necessary measure to implement Article 15 and to: (i) indicate how the requirement of communicating a copy of the crew list to authorized persons ashore prior to or immediately after departure of the vessel is implemented, specifying to whom, when and for what purpose such information is to be provided; (ii) indicate whether any exceptions to the requirement of having a crew list on board have been granted pursuant to section 44(2) of the Regulation on Seafarers; and (iii) provide a specimen copy of any approved standard crew list form that may be in use.

Articles 16-20. Fisher’s work agreement. The Committee notes that the Government provides no new information in reply to its comments. The Committee requests the Government to adopt the necessary measures without delay to ensure full conformity with Article 16(b) and Annex II regarding the particulars required under the annex that are not included in section 51 of the General Labour Law (e.g. the place at which and date on which the agreement was concluded, the name of the fishing vessel and its registration number). It further requests again the Government to: (i) 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 (Article 17); (ii) give details on the legislation or other measures adopted regarding the maintenance of records concerning the fisher’s work and the means of settling disputes in connection with a fisher’s work agreement (Article 17); (iii) 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 18); and (iv) confirm that where fishers are not employed or engaged by the fishing vessel owner, the latter is required to have evidence of contractual or similar arrangements (Article 20). Finally, referring to section 51 of the General Labour Law, 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 latter, regardless of the duration of the voyage (Article 20).

Article 21. Repatriation. The Committee notes that, in reply to its previous comments, the Government indicates that the General Labour Law does not regulate repatriation. Recalling that section 51(6) of the General Labour Law provides that an act to be adopted by the Head of the Executive Branch 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 requests the Government to take the necessary measures to give full effect to Article 21, and to provide information on such measures.

Article 22. Recruitment and placement. The Committee notes the Government’s indication in reply to its comments that a specific service for the recruitment of fishers does not exist; however, informal recruitment exists. While taking note of this information, the Committee requests the Government to provide details on how fishers covered by the Convention are recruited, as well as to inform on the eventual establishment of any private service operating in its territory, which provides recruitment and placement for fishers.

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes that, in reply to its previous comment, the Government states that according to information provided by industrial fishers, payments are made by bank transfer. While noting this information, the Committee requests the Government to indicate how it is ensured that all fishers working on board fishing vessels covered by the Convention 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. The Committee notes that, in reply to its comments, the Government refers to section 19 of Presidential Decree No. 292/21 approving the Statute of the National Maritime Agency. Noting that such provision is not related to accommodation and food on board fishing vessels, the Committee requests the Government to take the necessary steps without delay to ensure conformity with the detailed requirements of Articles 25 to 28 and Annex III, and to provide information on the measures adopted in this regard.

Articles 29 and 30. Medical care. The Committee notes that the Government provides no new information in reply to its comments. The Committee requests the Government to take the necessary steps to ensure conformity with the detailed requirements of Articles 29 and 30, and to indicate the measures taken in this regard.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that, in reply to its comments, the Government refers to section 159 of the Aquatic Biological Resources Law, which states that it is compulsory to cover with an insurance the keel of the fishing vessel and its equipment, as well as fishers against accidents at work and against civil liability, including environmental liability. Noting that this provision does not implement the Convention detailed requirements on occupational safety and health and accident prevention, the Committee requests the Government to take the necessary steps without delay to ensure full compliance with the detailed requirements of Articles 31–33, and to indicate the measures adopted in this regard.

Articles 34–37. Social security. The Committee recalls that the Social Protection Fundamental Law 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 reply to its previous comments, the Government refers to section 3 of Presidential Decree No. 227/18 regulating the scope of application of compulsory social protection, which applies to workers who carry out paid professional activity under an employment contract and to other categories. Noting the insufficient information provided by the Government,the Committee requests it again to explain in detail, indicating the applicable relevant provisions, whether and how the relevant legislation on social security covers all fishers ordinarily resident in the country, in conformity with the Convention. It further requests again the Government to indicate: (i) what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in the country; and (ii) any rules concerning social security of fishers 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 recalls that the Government referred to a number of legal texts implementing these provisions of the Convention, i.e. Decree No. 50/05, Decree No. 49/05, and Decree No. 53/05. The Committee further notes that, in reply to its comments, the Government refers to Decree No.2/02 on insurance contracts. Noting the absence of further information on this point, theCommittee requests the Government once again 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, indicating the provisions which give full effect to Articles 38 and 39.

Articles 40–44. Compliance and enforcement. The Committee recalls that the Government referred 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. The Committee notes that, in reply to its comments, the Government refers to section 19 of Presidential Decree No. 292/21. The Committee notes that section 19(2)(e) of such Decree provides that the Directorate of Maritime Safety, Navigation and Sea Personnel of the National Maritime Agency shall be in charge of the inspection and certification of national and foreign vessels. In the absence of specific information on the points raised, the Committee requests again the Government to indicate how it ensures full conformity with the detailed requirements of Articles 40 to 44.

[The Government is asked to reply in full to the present comments in 202 7 .]