Seafood Ethics Common Language Group meeting on Wednesday 25 January 2017 The work of the International Labour Organisation Brandt Wagner Head, Transport and Maritime Unit Sectoral Polices Department ILO 1
What is the ILO decent and productive work, in conditions of freedom, equity, security and human dignity 2
ILO - International labour standards Conventions, Protocols binding on ratifying States, treaties Subject to ILO supervisory system 3
Fundamental principles and rights at work 4
Work in Fishing Convention, No. 188 Fishers have decent conditions of work on board fishing vessels with regard to... minimum requirements for work on board fishing vessels conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. 5
Issues covered by C.188 Responsibilities of fishing vessel owners, skippers, fishers Minimum age Medical examination Manning and hours of rest Crew list Fisher s work agreement Repatriation Recruitment and placement Payment of fishers Accommodation and food Medical care Occupational safety and health and accident prevention Social security Protection in case of work-related sickness, injury or death 6
C.188 Implementation Laws, regulations or other measures Legally binding! 7
C. 188 Consultation Flexibility possible through Consultation with organizations of employers and workers (fishing vessel owners and fishers) 8
C. 188 entry into force EIF: November 2017 First reports: November 2018 SPA Directive: November 2017 9
Implementing C.188 - Important steps by States Translation of Convention into national language Comparative analysis ( gap analysis ) National tripartite discussions Road map or way forward (changes to laws, regulations, administration) 10
Protocol of 2014 to the Forced Labour Convention, 1930 Develop a national policy and plan of action for the elimination of forced labour, in collaboration and coordination with workers and employers organizations, among other civil society groups concerned; Educate and inform people who are considered to be at risk of being subjected to forced or compulsory labour, as well as employers so as to prevent them from participating in exploitative practices; Ensure that labour and other laws relevant to preventing forced labour extend and apply to all workers and economic sectors; Improve labour inspections and other services responsible for implementing labour laws; Protect individuals, particularly migrant workers, from exploitative and fraudulent practices during the recruitment and placement process; Support the public and private sectors in taking action to prevent and respond to risks of forced or compulsory labour in their operations; Address the root causes and factors that increase the risk of forced labour; Establish measures to effectively identify, release, protect and provide assistance and support to individuals who have been subjected to forced labour, including through measures that facilitate their recovery and rehabilitation; Ensure that people who have been subjected to forced labour have access to necessary remedies, including to justice and compensation, regardless of their immigration status; Ensure that authorities have discretion not to prosecute or impose penalties on people who have been subjected to forced labour for participating in unlawful activities committed as a direct consequence of their forced labour situation; Cooperate internationally to prevent and eliminate all forms of forced and compulsory 11 labour.
Follow up and tools C.188 Port State control guidelines Flag State control guidelines Guidelines for gap analysis International, regional and national meetings/seminars Protocol of 2014 to the Forced Labour Convention Project GAPfish Oslo Conference Implementation tools: Mapping tools for compliance and enforcment Training material on inspection of fishing vessels 12
ILO-EU-Thailand: Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry Four main objectives: 1. Legal, policy and regulatory framework strengthened 2. Enhanced capacity of the Thai Government and labour inspectorate 3. Improved implementation of the Good Labour Practices (GLP) Programme 4. Workers services by civil society organizations and trade unions 13
ILO Global supply chains 30 May 10 June: Committee on Decent Work in Global Supply Chains 14
Private compliance initiatives some concerns: Private compliance initiatives (including certification and labelling schemes) have the potential to increase capacity for workplace compliance. However, limitations to the effectiveness of PCIs in ensuring long-term compliance include a lack of coordination, inadequate accountability and the fact that they are often limited to upper-tier suppliers. Different types of governance sometimes work in parallel and may undermine rather than reinforce each other. (Report prepared for ILC) The limitations of traditional governance approaches (both public and private) to labour law enforcement in the context of global supply chains require a comprehensive and intentional approach to compliance. Synergistic governance describes situations where public, private and social governance strategies are not merely layers of regulation, but are mutually reinforcing for effective compliance, and establish a level playing field for fair competition. (Recent ILO report). Efforts of other stakeholders can support, but not replace, the effectiveness and efficiency of public governance systems. (From the Conclusions of ILC) 15
ILO Global supply chains Some other conclusions: Business has a responsibility to respect human and labour rights in their supply chains, consistent with the UN Guiding Principles, and to comply with the national law wherever they do business. A list of actions to be taken by governments, social partners and ILO. Policy coherence, collaboration and coordination are required at the global, regional, sectoral and national levels. 16
Next major ILO fishing meeting: ILO meeting on migrant fishers: September 2017 Among other things, will look at: Focus on fisher working on foreign vessels All regions Role of ILO Conventions and other instruments, including recent Fair Recruitment guidelines Lessons learned from Maritime Labour Convention, 2006 (seafarers) Relationship between IUU fishing, fisheries crime on problems of fishers 17
Issues to consider How to promote ratification and implementation of C.188 and Protocol of 2014 to the FL Convention? How can private compliance initiatives contribute to the implementation of these standards? 18