ILO Fisheries Work Convention (No. 188)

This is the abbreviation for the International Labor Organization's (ILO) "Convention on Labor in the Fisheries Sector (hereinafter referred to as the Fisheries Labor Convention)," which requires contracting countries to ensure decent work for fishermen. It was adopted by an overwhelming majority at the International Labor Organization (ILO) Annual General Conference in 2007 and came into force in November 2017. As of February 11, 2024 countries have ratified the convention.

Background to the formulation

The background to the adoption of this Convention is the unique working environment and conditions of fishermen. For example, fishermen often have an unclear distinction between work time and personal time, are separated from their families for long periods of time on long voyages depending on the type of fishing, and work long hours while living in cramped conditions on board. In some cases, they lack access to adequate food and drinking water, and recreational facilities, and sometimes their wages are based on the amount of catch and are unstable. In addition, they tend to lack protection as workers who are considered self-employed. The mortality rate of fishermen is higher than in other industries, and it is a more dangerous occupation than firefighters, miners, etc.

From the Fisheries White Paper for 2022 (Fisheries Agency, XNUMX)

Overview of the Fisheries Convention

The Fisheries Convention applies to all forms of commercial fishing, including large commercial fishing vessels, small vessels, and boats (excluding fisheries for personal consumption and recreational fishing), and, taking into account the above background, stipulates essential matters for ensuring decent work on fishing vessels. For example, the following provisions are included:

- The owner and captain of a fishing vessel are each responsible for the safety of the fishermen on board and the vessel (Article 8).
・The minimum age for fishermen shall be 16 years old. However, under certain conditions, anyone aged 15 or older may be employed. For work that endangers safety and health, the minimum age shall be 18 years old (Article 9).
- The requirement of undergoing health examinations and obtaining health certificates for work on board ships (Articles 10-12).
The vessel must be adequately and safely manned by a crew, properly managed by the captain, and fishermen must be given sufficient regular rest to ensure their safety and health (Articles 13-14).
- Crew lists are provided and fishers have the protection of labour contracts that are in accordance with this Convention (Articles 15-20 and Annex II set out minimum contract terms).
- Allowing fishermen to return to their home countries when their labor contracts end and not requiring them to pay job placement fees (Articles 21-22).
Ensure regular payment of wages to fishermen and require the provision of free remittance facilities (Articles 23-24).
- Establishing sufficient and appropriate standards of accommodation, food and drinking water on board (Articles 25-28 and Annex III provide details of accommodation).
- Setting standards for occupational safety and health and medical care on board (Articles 31-33)
- Fishermen and their dependents shall enjoy the benefits of social security protection on conditions no less favourable than other workers in the country and shall be afforded, as a minimum, protection in the event of work-related illness, injury or death (Articles 34-39).

At the 2007 General Assembly, the Fisheries Labour Recommendation (No. 199) was also agreed upon, which supplements the Fisheries Convention. The Recommendation provides ratifying countries with guidance on how to implement the provisions of the Convention. The Convention and Recommendation are a consolidation of existing ILO conventions (1920, 1959, and 1966) that stipulate the working conditions of fisheries labour, as they are unable to fully address the increasingly globalised commercial fishing industry. Currently, only the new Convention (C188) is eligible for ratification. Japan has not yet ratified it.

* Fisheries Labor Convention (Japanese/English）

*Pamphlet on Fisheries Conventions and Fisheries Labor Recommendations (ILO)

ILO Decent Working Conditions, Safety and Social Protection Convention (No. 188) and Recommendation (No. 199) concerning Work in the Fisheries Sector
(Japanese/English）

writing:Ryusuke Tanaka, Programme Officer (External Affairs and Labour Standards Specialist), International Labour Organization (ILO) Japan Office