Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo en la pesca, 2007 (núm. 188) - Senegal (Ratificación : 2018)

The Committee takes note of the Government’s second report on the application of the Work in Fishing Convention, 2007 (No. 188).

General questions on application. Implementation measures. In its previous comment, the Committee noted the Government’s indication that the Convention is principally implemented through the Merchant Shipping Code of 2002 (MSC) and the Maritime Fishing Code of 2015 (MFC), supplemented by their implementing decrees, as well as by the collective agreement of 1976 establishing the terms and conditions of employment of officers and seafarers in the Senegalese merchant navy (fishing section). The Committee emphasized that the measures in place did not ensure the required level of protection provided by the Convention with regard to all fishers and all fishing vessels engaged in commercial fishing operations (Article 1). The Committee also noted the Government’s indication that the MSC is the subject of a draft revision to take into account certain of the requirements of the Convention. The Committee notes that the draft has not been adopted and that the Government has not responded to the Committee’s request to provide all the laws, regulations (especially those provided in the MSC and MFC) and the relevant collective agreements adopted or under preparation, to permit an appreciation of the application of the Convention. Reiterating its request on this latter point, the Committee requests the Government to adopt without delay all necessary measures to give full effect to the Convention. Noting the Government’s reply concerning the role of the councils and organizations implanted in the fishing sector, and particularly in the area of artisanal fishing, which are likely to be required to issue an opinion by the competent authority, the Committee requests the Government to provide detailed information on the consultations held in the context of the preparation of the necessary measures to give effect to the Convention. The Committee notes that, in response to its previous comment concerning the implementation of sections 396 to 435 of the MSC in respect of fishing vessels, the Government indicates that the MSC makes no distinction between fishers in industrial or in commercial fishing and that in practice those provisions are applied to fishers in commercial fishing as to those in industrial fishing. The Committee recalls, however, that these sections give effect to several provisions of the Convention (including night work for young seafarers; minimum rest periods aboard and the compensation required in the event of suspension of normal hours of work; protection in the event of work-related sickness, injury or death, and social security protection), and that section 397 of the MSC restricts their scope of application to seagoing vessels engaged in the transport of goods or passengers. The Committee requests the Government to adopt the necessary measures to resolve this exclusion. The committee notes that the Government has requested the Office’s assistance with a view to giving effect to the Convention in law and practice. The Committee hopes that the Office will provide the necessary technical assistance and requests the Government to indicate all progress achieved in this regard.

Articles 1 to 4. Definition and scope of application. The Committee notes that, in its previous comment, it requested the Government to provide information regarding the application of the Convention to all fishing vessels, including those engaged in artisanal fishing, and to supply recent statistics on the numbers of fishing vessels and fishes, drawing a distinction between whether: (1) they operate at sea or in rivers, lakes or canals; and (2) they are in the industrial or artisanal fishing sector. The Committee notes the Government’s indication that: “only those fishers aboard seagoing vessels, within the meaning of the Convention” are taken into account at present. “Artisanal fishing is informal in many of its aspects, particularly with regard to the formalization of an employment relationship and also in respect of its governance and the shared management of the fisheries”. The Committee notes that the Government has not provided the statistical information requested. It recalls once more that the Convention, except as otherwise provided, applies to all fishers and all fishing vessels engaged in commercial fishing operations, which include all fishing operations on rivers, lakes or canals, with the exception of subsistence fishing and recreational fishing (Articles 1 and 2). The Committee also recalls that Article 1(g) provides that the terms “fishing vessel” or “vessel” mean any ship or boat, of any nature or form of ownership whatsoever, used or intended to be used for the purpose of commercial fishing, which includes vessels from the artisanal fishing sector. Noting that the Government has provided insufficient information in respect of the governance of employment relations and the protection afforded to artisanal fishers and to fishers operating on rivers, lakes and canals, and also gaps in the legislation and regulation in force in their regard, the Committee requests the Government to adopt without delay the necessary measures to give full effect to the Convention with regard to all fishers and all fishing vessels engaged in commercial fishing operations (Article 2).

Article 5. Basis for measurement. The Committee notes, in response to its earlier comment, the Government’s indication that it intends to retain length overall (LOA) as the basis for measurement in the ongoing revision of the MSC. Recalling that, as an exception, the competent authority may, after consultation, decide to use overall length (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I (Article 5(1)), the Committee requests the Government to report on any development on this point, and to communicate the reasons for this decision and any comments arising from the consultation (Article 5(2)).

Article 8. Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that section 350 of the MSC provides that the vessel owner shall place on board the vessel a crew that is qualified and sufficient in number and shall ensure compliance with provisions on clean, safe and habitable working conditions. Recalling that Article 8(2) provides that the responsibility for the safety of the fishers and the safe operation of the vessel lies with the skipper, including through facilitating on-board occupational safety and health awareness training, the Committee requests the Government to indicate the measures giving effect to the Convention on this point, including in the artisanal fishing sector.

Article 9. Minimum age. The Committee notes, in response to its previous comment concerning the prohibition of work on board fishing vessels for persons under 16 years of age, subject to the exceptions envisaged by the Convention, the Government’s indication that in the artisanal fishing sector, this is ensured under section L.145 of Act No. 97-17 of 1 December 1997 issuing the Labour Code. The Committee observes, however, that this section of the Labour Code, similarly to Order No. 3750 MFPTOP-DTSS of 6 June 2003, determining the nature of the hazardous work prohibited for children and young persons, retains the age of 15 years for admission to employment. The Committee also notes the Government’s indication that the artisanal fishing sector is informal, rendering the effective application of the Labour Code very uncertain. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Article 9(1) and (2) and to report on the initiatives taken and progress achieved in this regard. The Committee notes, in response to its previous comment regarding the prohibition for young persons under 18 years of age to be assigned to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize their health, safety or morals, that the Government confirms that Orders Nos 3748 to 3750 MFPTOP-DTSS are applicable to the fishing sector, and that the latter determines the types of activities prohibited for children (“that is, any person below 18 years of age”), as follows: to employ them as stokers on board industrial and artisanal fishing vessels and boats, to employ them for underwater diving, or night watches on board. The Committee takes note of this information and requests the Government to keep it informed of progress achieved in implementing these orders in the artisanal fishing sector.

Articles 13–14. Manning and hours of rest. The Committee notes, in response to its previous comment concerning the requirements respecting the qualifications that fishers must possess for vessels of 24 metres in length and over (Article 14(1)), the Government’s indication that sections 287 and 299 of the MSC set out the requirements for qualifications, which are verified when the seafarer or fisher submits a request for a certificate of maritime registration. The Committee notes that sections 399 and following of the MSC addressing hours of work are applicable solely to seagoing vessels engaged in commercial operations for the transport of goods or passengers. The Committee also notes that sections 17 and following of the collective agreement of 1976 establishing the terms and conditions of employment of officers and seafarers of the Senegalese merchant navy (fishing section) do not provide for: (i) regular minimum periods of rest of sufficient length to ensure the safety and health of fishers (Article 13(b)); and (ii) nor, for fishing vessels regardless of size remaining at sea for more than three days, that the minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period (Article 14(1)(b)). The Committee requests the Government to adopt the necessary measures to give full effect to Articles 13(b) and 14(1)(b) and to communicate a copy thereof.

Article 15. Crew list. The Committee notes, in response to its previous comment concerning the requirement of a crew list for artisanal fishing vessels, the Government’s indication that it has begun major reform in this area, addressing on the one hand the replacement of traditional undecked vessels and, on the other, the requirement of crew lists in artisanal fishing vessels. The Committee requests the Government to adopt the necessary measures to give full effect to Article 15 for all vessels to which the Convention applies, and to continue to provide information on progress achieved in the artisanal fishing sector.

Article 16. Fisher’s work agreement. Noting that the Government has not responded to the Committee’s comment concerning Article 16, which requires that fishers working on vessels flying the Senegalese flag, including in the artisanal sector, shall have the protection of a fisher’s work agreement specifying the minimum particulars to be included contained in Annex II, the Committee requests the Government to adopt the necessary measures to give full effect to the Convention, and to provide a copy thereof.

Article 21. Repatriation. The Committee notes, in response to its previous comments, that the Government recognizes gaps in its current legislation and indicates that these points will be taken into account in the new draft MSC. The Committee requests the Government to adopt without delay the necessary measures to: (i) ensure that the fisher has the right to repatriation in the circumstances provided in Article 21(1), by prescribing the maximum duration of service periods following which a fisher is entitled to repatriation, and the destinations to which fishers may be repatriated (Article 21(3)); (ii) ensure that the cost of repatriation shall be borne by the fishing vessel owner, except where the fisher has been found to be in serious default of his or her work agreement obligations (Article 21(2)); (iii) ensure that where a fishing vessel owner fails to do so, the Senegalese authorities arrange for the repatriation of the fisher concerned (Article 21(4)); and (iv) amend the legislation (section 391 of the MSC) to exclude the possibility for the vessel owner to be freed from the obligation on grounds of having proposed the fisher employment, even if suitable and remunerated, on board a vessel calling at the repatriation destination.

Article 22. Recruitment and placement. The Committee notes, in response to its previous comment, the Government’s indication that the activities of seafarers’ employment agencies are closely scrutinized and that measures prohibiting recruitment and placement services, whether public or private, to operate in a fraudulent or illegal manner in their activities will be included in the MSC. Noting once again that the Government provides insufficient information on the legislation or regulations: (i) 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 (Article 22(3)(a)); (ii) determining at national level the conditions under which these services can operate (Articles 22(2) and (3)(c); the Committee requests the Government to adopt the necessary measures to give full effect to Article 22(2) and (3).

Articles 23 and 24. Payment of fishers. The Committee notes, concerning its previous comments regarding the payment of wages on a monthly or other regular basis and concerning the right for fishers to transmit all or part of their payments received, including advances, to their families at no cost, the Government’s indication that measures under preparation will be adopted to give effect to Articles 23 and 24, including for artisanal fishing. The Committee requests the Government to adopt the necessary measures to give full effect to Articles 23 and 24, including for the artisanal fishing sector, and to provide a copy thereof.

Articles 25, 26, 28 and Annex III. Accommodation. Requirements. In response to the Committee’s previous comment emphasizing that the relevant sections of the MSC and its implementing Decree do not apply to ships under 30 gross tonnes, and that these provisions require the adoption of supplementary regulations for the implementation of the detailed requirements of Articles 26, 28 and Annex III, the Committee notes that the Government admits gaps in its legislation in force and envisages remedying this. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Articles 26 and 28, as well as to Annex III, and to provide a copy thereof.

Articles 29 and 30. Medical care. The Committee notes that the Government has not responded to its previous comment concerning the implementation of Article 29 (medical equipment and medical supplies carried on board, with the necessary instructions; at least one fisher on board who is qualified or trained in first aid and other forms of medical care, a radio or satellite communication system; access to medical treatment ashore) in the artisanal fishing sector, which is not covered by the relevant provisions of the MSC or of Decree No. 2016-933 of 5 July 2016 on the health of seafarers. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Article 29 for all fishers covered by the Convention and to provide a copy thereof. The Committee notes, in response to its previous comment concerning the implementation of Article 30(f) (the provision of free medical care, while the fisher is on board or landed in a foreign port), that the Government refers to the possible extension to the fishing sector of the implementation of a social protection policy targeted at very small informal economy entities. Recalling that Article 30 concerns in principle vessels of 24 metres in length and over, the Committee requests the Government to adopt the necessary measures to give full effect to the Convention on this point and to provide a copy thereof.

Articles 31 to 33. Occupational safety and health and accident prevention. The Committee notes that the Government has not responded concerning the measures adopted to give effect to the provisions of Articles 31 to 33, which are not entirely implemented by the MSC and Decree No. 2016-933 of 5 July 2016 on the health of seafarers for the industrial fishing sector. The Committee requests the Government to adopt the necessary measures to give full effect to the Convention on this point, including in the artisanal fishing sector, and to provide a copy thereof.

Articles 34 to 37. Social security. The Committee notes, in response to its previous comment concerning the social security coverage afforded to fishers ordinarily resident in Senegal, in implementation of Article 34, that the Government refers to the possible extension to the fishing sector of a social protection policy targeting very small informal economy entities. The Committee notes that the artisanal fishing sector does not, at present, appear to be included in this experiment and recalls that sections 421 to 423 of the MSC, which establish the requirement for seafarers to be affiliated to the Social Insurance Institute for Old-Age Pensions (IPRES), are not applicable to fishing vessels. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 34. The Committee again requests the Government to provide detailed information on the manner in which social security coverage is afforded in practice to fishers who are ordinarily resident in Senegal, and on any obstacles encountered in relation to their membership or their access to benefits. The Committee again requests the Government to provide detailed statistics on the number of fishers effectively affiliated with Senegalese social security institutions.

Articles 38 to 39. Protection in the case of work-related sickness, injury or death. Noting that for the implementation of these provisions, the Government refers to sections 424 and following of the MSC, which are applicable solely to seagoing vessels engaged in the transport of goods or passengers (section 397 of the MSC), the Committee requests the Government to adopt the necessary measures to give full effect to the Convention on this point, including for the artisanal fishing sector, and to provide a copy thereof.

Articles 40 to 44. Compliance and enforcement. Noting that the Government has not responded to the Committee’s comments on this point, the Committee again requests it to: (i) provide detailed information on the number and findings of inspections undertaken on fishing vessels; (ii) to supply examples of the reports drawn up following these inspections and an example of the navigation permit, which certifies the conformity of a fishing vessel with the provisions of the Convention respecting the living and working conditions on board; and (iii) adopt and provide copies of all measures giving full effect to Articles 43 to 44 regarding Senegal’s port State responsibilities.