ILO-en-strap Recommendations by subject and status · Key documents · Ratification of ILO Conventions · Supervising the application of International Labour. [PENGESAHAN KONVENSI ILO MENGENAI USIA MINIMUM THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR (C), ACT NO. Concerning The Prohibition And Immediate Action For The Elimination Of The Worst Forms Of Child Labour (Konvensi Ilo No. Mengenai Pelarangan.
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Having been convened at Geneva by the Governing Body of the International Labour Office, and having met kknvensi its ninety-sixth Session on 30 Mayand.
Taking into consideration the fundamental rights to be found in the following international labour Conventions: Recognizing that the International Labour Organization considers fishing as a hazardous occupation when compared to other occupations, and.
Mindful of the core mandate of the Organization, which is to promote decent conditions of work, and. Taking into account the need to revise the following international Conventions adopted by the International Labour Conference specifically concerning the fishing sector, namely the Minimum Age Fishermen Convention, No. Noting that the objective of this Convention is to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security, and.
Having decided upon the adoption of certain proposals with regard to work in the fishing sector, which is the fourth item on the agenda of the session, and. Having determined that these proposals shall take the form of an international Convention. Each Member shall adopt laws, regulations or other measures providing for:. In addition to the requirements set out in Article 10 and Article 11, on a fishing vessel of 24 metres in length and over, or on a vessel which normally remains at sea for more than three days:.
Each Member shall adopt laws, regulations or other measures requiring that owners of fishing vessels flying its flag ensure that:. Every fishing vessel shall carry a crew list, a copy of which shall be provided to authorized persons ashore prior to departure of the vessel, or communicated ashore immediately after departure of the vessel. The competent authority shall determine to whom and when such information shall be provided and for what purpose or purposes.
Each Member shall adopt laws, regulations or other measures regarding:. The fisher’s work agreement, a copy of which shall be provided to the fisher, shall be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request. Articles 16 to 18 and Annex II do not apply to a fishing vessel owner who is also single-handedly operating the vessel.
It shall be the responsibility of the fishing vessel owner 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 fishing vessel owner or, where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner shall have evidence of contractual or similar arrangements providing decent work and living conditions on board the vessel as required by this Convention.
Each Member, after consultation, shall adopt laws, regulations or other measures providing that fishers who are paid a wage are ensured a monthly or other regular payment. Each Member shall require that all fishers working on board fishing vessels shall be given a means to transmit all or part of their payments received, including advances, to their families at no cost. Each Member shall adopt laws, regulations or other measures for fishing vessels that fly its flag with respect to accommodation, food and potable water on board.
Each Member shall adopt laws, regulations or other measures requiring that accommodation on board fishing vessels that fly its flag shall be of sufficient size and quality and appropriately equipped for the service of the vessel and the length of time fishers live on board.
In particular, such measures shall address, as appropriate, the following issues:. Each Member shall adopt laws, regulations or other measures requiring that:.
For fishing vessels of 24 metres in length and over, taking into account the number of fishers on board, the area of operation and the duration of the voyage, each Member shall adopt laws, regulations or other measures requiring that:.
Each Member shall adopt laws, regulations or other measures concerning:. Risk evaluation in relation to fishing shall be conducted, as appropriate, with the participation of fishers or their representatives. Each Member shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national law, are entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory.
Each Member shall undertake to take steps, according to national circumstances, to achieve progressively comprehensive social security protection for all fishers who are ordinarily resident in its territory.
Members shall cooperate through bilateral or multilateral agreements or other arrangements, in accordance with national laws, regulations or practice:.
Notwithstanding the attribution of responsibilities in Articles 34, 35 and 36, Members may determine, through bilateral and multilateral agreements and through provisions adopted in the framework of regional economic integration organizations, other rules concerning the social security legislation to which fishers are subject.
Each Member shall effectively exercise its jurisdiction and control over vessels that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention including, as appropriate, inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures, in accordance with national laws or regulations.
Each Member shall apply this Convention in such a way as to ensure that the fishing vessels flying the flag of any State that has not ratified this Convention do not receive more favourable treatment than fishing vessels that fly the flag of any Member that has ratified it. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article of the Charter of the United Nations full particulars of all ratifications, declarations and denunciations registered by the Director-General.
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part, taking into account also the provisions of Article The English and French versions of the text of this Convention are equally authoritative.
For the purpose of this Convention, where the competent authority, after consultation, decides to use length overall LOA rather than length L as the basis of measurement:.
The fisher’s work agreement shall contain the following particulars, except in so far as the inclusion of one or more of them is rendered unnecessary by the fact that the matter is regulated in another manner by national laws or regulations, or a collective bargaining agreement where applicable:. For the purposes of this Annex: The following shall apply to all new, decked fishing vessels, subject to any exclusions provided for in accordance with Article 3 of the Convention.
The competent authority may, after consultation, also apply the requirements of this Annex to existing vessels, when and in so far as it determines that this is reasonable and practicable. The competent authority, after consultation, may permit variations to the provisions of this Annex for fishing vessels normally remaining at sea for less than 24 hours where the fishers do not live on board the vessel in port.
In the case of such vessels, the competent authority shall ensure that the fishers concerned have adequate facilities for resting, eating and sanitation purposes. Any variations made by a Member under paragraph 3 of this Annex shall be reported to the International Labour Office under article 22 of the Constitution of the International Labour Organisation. The requirements for vessels of 24 metres in length and over may be applied to vessels between 15 and 24 metres in length where the competent authority determines, after consultation, that this is reasonable and practicable.
Fishers working on board feeder kobvensi which do koonvensi have appropriate accommodation and sanitary facilities shall be konvnesi with such accommodation and facilities on board the mother vessel.
Members may extend the requirements of this Konvenso regarding noise and vibration, ventilation, heating and air conditioning, and lighting to enclosed working spaces and spaces used for storage if, after consultation, such application is considered appropriate and will not have a negative influence on the function of the process or working conditions or the quality of the catches.
The use of gross tonnage as referred to in Article 5 of the Convention is limited to the following specified paragraphs of this Annex: For these purposes, where the competent authority, after consultation, decides to use gross tonnage gt as the basis of measurement: The competent authority shall satisfy itself that, on kohvensi occasion when a vessel is newly constructed or the crew accommodation of a vessel has been reconstructed, such vessel complies with the requirements of this Annex.
The competent authority shall, to the extent practicable, require compliance with this Annex when the crew accommodation of a vessel is konvensl altered and, for a vessel that changes the flag it flies to the flag of the Member, require compliance with those requirements of this Annex that are applicable in konvenzi with paragraph 2 of this Annex.
For the occasions noted in paragraph 9 of this Annex, for vessels of 24 metres in length and over, detailed plans and information concerning accommodation shall be required to be submitted for approval to the competent authority, or an entity authorized by it.
For vessels of 24 metres in length and over, on every occasion when the crew accommodation of the fishing vessel has been reconstructed or substantially altered, the competent authority shall inspect the accommodation for compliance with the requirements of the Convention, and when 1882 vessel changes the flag it flies to the flag of the Member, for compliance with those requirements of this Annex that are applicable in accordance with paragraph 2 of this Iko.
The competent authority may carry out additional inspections of crew accommodation at its discretion. When a vessel changes flag, any alternative requirements which the competent authority of the Member whose flag the ship ilk formerly flying may have adopted in accordance with paragraphs 15, 39, 47 or 62 of this Annex cease to apply to the vessel.
There shall be adequate headroom in all accommodation spaces. For spaces where fishers are expected knovensi stand for prolonged periods, the minimum headroom shall be prescribed by the competent authority. For vessels ,onvensi 24 metres in length and over, the minimum permitted headroom in all accommodation where full and free movement is necessary shall not be less konvesi centimetres.
Notwithstanding the provisions of paragraph 14, the competent authority may, after consultation, decide that the minimum permitted headroom shall not be less than centimetres in any space – or part of any space – in such accommodation, where it is satisfied that this is reasonable and will not result in discomfort to the fishers.
There shall be no direct openings into sleeping rooms from fish rooms and machinery spaces, except for the purpose of emergency escape. Where reasonable and practicable, direct openings from galleys, storerooms, drying rooms or communal sanitary areas shall be avoided unless expressly provided otherwise. For vessels of 24 metres in 128 and over, there shall be no direct openings, except for the purpose of emergency escape, into sleeping rooms from fish rooms and machinery spaces or from galleys, storerooms, drying rooms or communal sanitary areas; that part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or another approved material and shall be watertight and gas-tight.
This provision does not exclude the possibility of sanitary areas being shared between two cabins. Accommodation spaces shall be adequately insulated; the materials used to construct internal bulkheads, panelling and sheeting, and floors and joinings shall be suitable for the purpose and shall be conducive to ensuring a healthy environment.
Sufficient drainage shall be provided in all accommodation spaces. All konvenwi measures shall be taken to protect fishing vessels’ crew accommodation against flies and other konvennsi, particularly when vessels are operating in mosquito-infested areas. Emergency escapes from all crew accommodation spaces shall be provided as necessary.
The competent authority shall take measures to limit excessive noise and vibration in accommodation spaces and, as far as practicable, in accordance with relevant international standards. For vessels of 24 metres in length and over, the competent authority shall adopt standards for noise and vibration in accommodation spaces which shall ensure adequate protection to fishers from the effects of such noise and vibration, including the effects of noise- and vibration-induced fatigue.
Accommodation spaces shall be ventilated, taking into account climatic konvenei.
C181 – Private Employment Agencies Convention, 1997 (No. 181)
The system of ventilation shall supply air in a satisfactory condition whenever fishers are on board. Ventilation arrangements or other measures shall be such as to protect non-smokers from tobacco smoke. Vessels of 24 metres in length and over shall be equipped with a system of ventilation for accommodation, which shall be controlled so as to maintain the air in a satisfactory condition and to ensure sufficiency of air movement in all weather conditions and climates.
Ventilation systems shall be in operation at all times when fishers are on board. Accommodation spaces shall be adequately heated, taking into account climatic conditions.
C138 – Minimum Age Convention, 1973 (No. 138)
For vessels of 24 metres in length and over, adequate heat shall be provided, konvendi an appropriate heating system, except in fishing vessels operating exclusively in tropical climates. The system of heating shall provide heat in all conditions, as necessary, and shall be in operation when fishers are living or working on board, and when conditions so require. For vessels of 24 metres in length and over, with the exception of those regularly engaged in areas where temperate climatic conditions do not require it, air conditioning shall be provided in accommodation spaces, the bridge, the radio room and any centralized machinery control room.
All accommodation spaces shall be provided with adequate light. Wherever practicable, accommodation spaces shall be lit with natural light in addition to artificial light. Where sleeping spaces have natural light, a means of blocking the light shall be provided. Adequate reading light shall be provided for every berth in addition to the normal lighting of the sleeping room. Emergency lighting shall be provided in sleeping rooms.
Where a vessel is not fitted with emergency lighting in mess rooms, passageways, and any other spaces that are or may be used for emergency escape, permanent night lighting shall be konvehsi in such spaces.
For vessels of 24 metres in length and over, lighting in accommodation spaces shall meet a standard established by the competent authority. In any part of the accommodation space available for free movement, the minimum standard for such lighting shall be such as to permit a person with normal vision to read an ordinary printed newspaper on a clear day. Where the design, dimensions or purpose of the vessel allow, the sleeping accommodation shall be located so as to minimize the effects konvdnsi motion and acceleration but shall in no case be located forward of the collision bulkhead.
Convention C – Minimum Age Convention, (No. )
The number of persons per sleeping room and the floor area per person, excluding space occupied by berths and lockers, shall be such as to provide adequate space and comfort for the fishers on board, taking into account the service of the vessel.
For vessels of 24 metres in length and over but which are less than 45 metres in length, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 1. For vessels of 45 metres in length and over, the floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 2 square metres. Notwithstanding the provisions of paragraphs 37 and 38, the competent authority may, after consultation, decide that the minimum permitted floor area per person of sleeping rooms, excluding space occupied by berths and lockers, shall not be less than 1.
To the extent not expressly provided otherwise, the number of persons allowed to occupy each sleeping room shall not be more than six.
For vessels of kojvensi metres in length and over, the number of persons allowed to occupy each sleeping room shall not be more than four. The competent authority may permit exceptions to this requirement in particular cases if the size, type or intended service of the vessel makes the requirement unreasonable or impracticable.
To the extent not expressly provided otherwise, a separate sleeping room or sleeping rooms shall be provided for officers, wherever practicable.
For vessels of 24 metres in length and over, sleeping rooms for officers shall be for one person wherever possible and in no case shall the sleeping room contain more than two berths.
The competent authority may permit exceptions to the requirements of this paragraph in particular cases konvemsi the size, type or intended service of the vessel makes the requirements unreasonable or impracticable.
The maximum number of persons to be accommodated in any sleeping room shall be legibly and indelibly marked in a place in the room where it can be conveniently seen.
Individual berths of appropriate dimensions shall be provided.