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Article 2 of the Convention. Minimum age. The Committee notes with interest resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, adopted on 7 August 2006 by the Maritime Department of the Ministry of National Defence, which refers expressly to the Convention. It provides that the authorities responsible for issuing navigation permits for fishing vessels must check in advance that no children under 14 years of age are employed on board and that those aged between 14 and 18 years are in possession of permits issued respectively by the Ministry of Health and Ministry of Labour. It also requires registers to be kept of fishers of over 14 years and under 18 years of age.
Part V of the report form. The Committee notes the information sent by the Government on the practical effect given to the Convention, particularly with regard to the workshops on the labour of young persons organized by the Ministry of Labour and Social Welfare to familiarize participants with the content of Conventions ratified by Guatemala. It also notes that the maritime inspectorate has recorded only one infringement of the minimum age legislation and that it involved a passenger ship and not a fishing vessel. The Committee requests the Government to continue to provide information in future reports on the practical application of the Convention, including extracts of reports by the inspection services.
With regard to follow-up of the decisions taken by the Governing Body following the recommendations of the Working Party on Policy regarding the Revisions of Standards, the Committee notes with interest that the Government has begun formalities for declaring that Article 3 of Convention No. 138, setting the minimum age for hazardous work, applies to maritime fishing, which would entail immediate denunciation of Convention No. 112. The Committee notes, however, that the Worker delegates at the Tripartite Committee on Labour-Related International Issues opposed denunciation of Convention No. 112 on the grounds that workers’ rights are enshrined in article 106 of the Constitution and are inalienable. The Committee reminds the Government that extending the application of Article 3 of Convention No. 138 to maritime fishing does not mean that Guatemala needs formally to denounce Convention No. 112, denunciation being automatic. The minimum age in the maritime fishing sector would then be governed by the provisions of Convention No. 138, and particularly Article 3 on hazardous work which sets the minimum age for admission to such employment or work at 18 years (Article 3, paragraph 1, of Convention No. 138). National laws or regulations or the competent authority may, however, authorize employment or work as from the age of 16 years but only after consultation with the organizations of employers and workers concerned and provided that the health and safety and morals of the young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The minimum age in the maritime fishing sector would thus be 18 years (exemptions being possible as from 16 years), whereas the minimum age set by Convention No. 112 is 15 years (with exemptions possible as from 14 years). The Committee wishes to impress on the Government that automatic denunciation of Convention No. 112 as a result of notification by Guatemala that Article 3 of Convention No. 138 applies to maritime fishing, will in no way lessen the protection enjoyed by workers in this area. The Committee therefore asks the Government to keep it informed of the measures taken to declare formally that Article 3 of Convention No. 138 applies to maritime fishing.
Lastly, the Committee notes with interest the adoption of Government Decision No. 250-2006, which came into force on 6 June 2006 and ensures the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182). In particular, it lists the types of work which, by their nature and the conditions in which they are performed, are likely to harm the health, safety or morals of children under 18 years of age. It also notes that in an opinion issued on 12 June 2006 the technical and legal advisory department of the Ministry of Labour and Social Welfare concluded that the abovementioned Government Decision ought to be amended so as to include fishing among the types of hazardous work so that the employment of minors in such activities is expressly prohibited. The Committee asks the Government to provide information on any measures taken to amend Government Decision No. 250-2006 so as to include maritime fishing in the list of types of work which, by their nature or the conditions in which they are carried out, are liable to harm the health, safety or morals of persons under 18 years of age.
The Committee notes the information sent in the Government’s report and the accompanying documentation. It would appreciate receiving further information on the following points.
Article 2 of the Convention. Fishers’ medical certificate. The Committee notes the information from the Maritime Department of the Ministry of National Defence that there are no regulations allowing it to be ascertained that practical effect is given to the Convention. It also notes that this is why the Ministry of National Defence adopted resolution No. AMN-DM-002-DFTGM-DM-2006-FBA of 7 August 2006, under which the command centres and authorities of the ports of the Republic must require the list of crew members of all fishing vessels and their medical certificates to be valid for one year whatever the age of the fisher. The resolution also provides that, before delivering navigation permits, command centres on the Pacific and Caribbean coasts must require captains and owners of fishing vessels flying the Guatemalan flag to provide a certificate from the authority of the port at which they are registered attesting to the validity of the crew members’ certificates.
The Committee notes that, according to the Government, fishing in some regions is artisanal and family-based, which means that no, or only a few, medical certificates are issued and that it is impossible to verify that fishers hired on a subcontracting basis are in possession of a proper medical certificate. It also notes that enterprises and cooperatives that engage in fishing, including on an artisanal basis, apply the provisions of section 63(f) of the Labour Code which requires workers to undergo a medical examination to ascertain that they are not suffering from any incapacity or occupational disease. The Committee requests the Government to provide detailed information in its next report on the practical effect given to the abovementioned resolution, including statistical data on the number of fishing vessels denied a navigation permit for failing to produce valid medical certificates for all crew members. The Committee would also appreciate receiving a sample of the medical certificate used for applying the Convention. Lastly, it would be grateful if the Government would please confirm that Government Order No. 9-80 of 9 May 1980 and the Regulations of 4 February 1982 issued by the Ministry of Labour and Social Welfare concerning workers’ medical certificates are still in force.
Parts III and V of the report form. The Committee takes note of the Government’s information on the organization and operation of the labour inspection services. It would be grateful if the Government would provide general information on the manner in which the Convention is applied in practice, indicating, for example, the number of professional fishers covered by the Convention and providing statistics, if available, on the number of medical examinations carried out and the medical certificates delivered each year, extracts of labour inspection reports, and information on the number and nature of the infringements reported and the penalties applied.
The Committee notes the information provided in the Government’s report, and particularly the indication that Executive Agreement No. 10-80 of 9 May 1980 issuing regulatory standards for the application of international labour Convention No. 114 remains in force. It would, however, be grateful for further information on the following points.
Article 3, paragraph 1, of the Convention. Articles of agreement in writing. The Committee notes the information that enterprises in the fishing sector only hire the master, who then has to hire the crew. It also notes that, according to the information provided by the Government, the contracts concluded between the master and the fishers are nearly always established orally. In this respect, the Committee recalls that, under the terms of the Convention: articles of agreement for fishers shall be signed both by the owner of the fishing vessel and the fisher (Article 3); it shall be ensured that the agreement does not depart from the ordinary rules as to jurisdiction (Article 4); and the agreement shall include an exhaustive series of particulars (Article 6). The Committee requests the Government to indicate the measures adopted or envisaged to ensure that these Articles of the Convention are given full effect in both law and practice.
Article 8. Provision of information on board as to the conditions of employment. The Committee notes that Executive Agreement No. 10-80 of 9 May 1980 does not appear to contain provisions on the measures to be taken to ensure that the fisher may satisfy himself on board as to the conditions of employment. It requests the Government to indicate the manner in which the application of the Convention is secured in this respect.
Part V of the report form. The Committee notes the information provided by the Government concerning the number of inspections carried out between 2003 and 2006. It requests the Government to continue providing general information, such as data on the number of fishermen signing on each year; a copy of the model articles of agreement, and the service records currently used, if such documents exist; extracts from the reports of the labour inspection services indicating the number and nature of any infringements reported; the number and nature of fishing vessels in operation covered by the Convention; and any other relevant information which would enable the Committee to assess the manner in which the Convention is applied in practice in the country.
The Committee notes with interest the information supplied by the Government in its report and, in particular, the fact that Government Decree No. 14-73 of 12 April 1973 applying the provisions of the Convention is still in force. The Committee also notes that, according to the Government, workers employed by companies having Guatemalan capital are of age.
Part V of the report form. The Committee again requests the Government to supply information on the practical application of the Convention (extracts from official reports of the inspection services and, if possible, statistics on the number and nature of the contraventions reported, etc.).
The Committee takes this opportunity to draw the Government’s attention to the decision taken by the Governing Body regarding the Convention subsequent to its examination by the Working Party on Policy regarding the Revision of Standards (document GB.279/LILS/3(Rev.1) of November 2000).
The Governing Body decided to invite States parties to Convention No. 112 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 112 results in the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 for maritime fishing and either specifies, in conformity with Article 2 of Convention No. 138, a minimum age of not less than 15 years, or stipulates that Article 3 (fixing a higher minimum age for admission to hazardous work) of Convention No. 138 applies to maritime fishing.
Guatemala ratified Convention No. 138 on 27 April 1990. It specified 14 years as the minimum age for admission to employment or work and has not declared that Article 3 of Convention No. 138 applies to maritime fishing. Consequently, the ratification of Convention No. 138 by Guatemala has not resulted in the denunciation of Convention No. 112.
The Governing Body also invited States parties to Convention No. 112 to take into consideration the conclusions of the Tripartite Meeting on Safety and Health in the Fishing Industry (Geneva, 13-17 December 1999), in consultation with the employers’ and workers’ organizations concerned. The conclusions stated that the minimum age for admission to employment and work in the maritime fishing industry should in no case be lower than 16 years and that the activity should be considered a hazardous occupation within the meaning of Article 3 of Convention No. 138.
The Committee requests the Government to indicate the measures taken or envisaged to apply the decisions of the Governing Body. It draws the Government’s attention to the fact that making a formal declaration that Article 3 of Convention No. 138 applies to the maritime fishing industry would result in the denunciation with immediate effect of Convention No. 112.
The Committee notes the information provided in the latest report of the Government. It asks the Government to provide with its next report a sample of the medical certificate issued to fishermen (Article 2 of the Convention) as well as information on the organization and working of inspection (Part III of the report form).
The Committee notes the information supplied by the Government in its report. Regarding section 190 of the Labour Code, referred to by the Government, the Committee requests the Government to confirm that Executive Agreement No. 10-80 of 9 May 1980, "Regulatory standards for the application of the Fishermen’s Articles of Agreement Convention, No. 114" is still in force.
Articles 2 and 3 of the Convention and point V of the report form. The Committee requests the Government to indicate if Government Decree No. 14-73 of 12 April 1973 is still in force, and if so, to provide information on the practical application of the Convention (extracts from official reports and statistics on the number and nature of the contraventions reported).