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

Montenegro

Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 2006)
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) (Ratification: 2006)

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

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

Articles 1 and 2 of the Convention. Implementing legislation. In reply to its previous comments, the Committee notes the Government’s reference to the Law on Maritime Safety Navigation, which regulates the requirements for maritime facilities, crew and vessels navigating in the internal and territorial waters of Montenegro. The Committee notes that this indication is not relevant in the context of fishermen’s articles of agreement. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that fishers engaged in domestic voyages are also covered by the provisions of the Convention.

Article 3. Signature of the articles of agreement. In reply to its previous comment, the Committee notes that the Government has not provided any information on the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3). The Committee therefore requests the Government to indicate the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3).

Article 4. Non-departure from the rules as to jurisdiction over the agreement. In reply to its previous comment, the Committee notes the Government’s reference to section 153 of the Law on Maritime Safety Navigation and observes that this provision is not relevant in the context of the requirements of this provision of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 6. Particulars of the agreement. In reply to its previous comment, the Committee notes the Government’s reference to section 31 of the Labor Law which prescribes contents of the labour contract in general and not the specific particulars related to fishermen’s articles of agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 7. List of crew. In reply to its previous comment the Committee notes the Government’s reference to section 30 of the Law on Maritime Safety Navigation dealing with port arrival and departure of the ships. The Committee observes that this provision is not relevant in the context of this provision of the Convention. The Committee requests the Government to indicate whether there are any provisions which envisage the recording of fishers’ articles of agreement in the list of crew and, if so, to provide a copy of any relevant text.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 3(2) of the Convention. Inspections, penalties and periodic consultations. In reply to its previous comment, the Committee notes the Government’s indication that the revision of Law on Maritime Safety Navigation is scheduled for the year 2024. While noting this information, the Committee requests that Government to take without delay the necessary measures to give full effect to this provision of the Convention, indicating in particular the laws and regulations providing for: (a) the maintenance of a system of inspection adequate to ensure effective enforcement; (b) penalties prescribed for the violation thereof; and (c) periodic consultations with the fishing vessel owners’ and fishermen’s organizations, where such exist, in regard to the framing of regulations, and collaboration so far as practicable with such parties in the administration thereof. The Committee further requests the Government to provide the text of the revised Law on Maritime Safety Navigation once adopted.

Articles 4 and 5. Planning and control of crew accommodation. In reply to its previous comment, the Committee notes the Government’s indication that detailed information on crew accommodation prior to the construction or substantial modification or reconstruction of a fishing vessel is submitted to the Technical Inspectorate of the Maritime Safety Administration for approval, which inspects each fishing vessel before the first or renewal of registration, or when the crew accommodation on the vessel is significantly changed as well as upon complaints from crew members and from time to time at their discretion. The Committee requests the Government to indicate the measures implementing Articles 4 and 5. It further requests the Government to specify the national provisions laying down a procedure for handling complaints concerning crew accommodation on fishing vessels.

Articles 10(2), (9), (10); 12(4), (5), (8)(e); 14 and 16(6). Floor area per occupant in sleeping rooms. Maximum number of persons to be accommodated in any sleeping room. Individual berths. Technical characteristics of sanitary facilities. Ventilation. Water closets. Cooking. In reply to its previous comments, the Committee notes the Government’s indication that it has foreseen to amend the applicable legislation. It further notes that in the absence of national regulation or when a national provision is contrary to international instruments, such as the MLC, 2006 and other ILO conventions, the provisions of the corresponding Convention are directly applied in accordance with section 9 of the Constitution of Montenegro. The Committee requests the Government to take without delay the necessary measures to ensures full compliance with the provisions of the Convention and forward a copy of the amended text of the relevant legislation once it has been adopted.