Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Laws and regulations which ensure the application of the provisions of Parts II, III and IV of the Convention. The Committee notes with regret that the information provided in the Government’s report reproduces essentially the same information provided in the previous report concerning the matters that it has been raising since 2005. However, it notes the indication that a draft text is being prepared to update the provisions of Regulation No. 1814–77 of 22 December 1977 issuing sanitary rules for Soviet vessels and boats, which will be in conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this respect, the Committee recalls that Annex III of Convention No. 188 essentially reproduces the provisions of Convention No. 126. It therefore hopes that, when preparing the draft text referred to above, the Government will take into consideration the comments that it has been making for several years concerning the application of the following provisions of the Convention: penalties for violations of the relevant legislation (Article 3(2)(d) and (e)); periodical inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7) and (11)); sick bay required for vessels of 45.7 meters in length or over (Article 13(1)); and alterations to existing vessels to ensure conformity with the Convention (Article 17(2) to (4)). The Committee requests the Government to keep the Office informed of any developments in the process of the adoption of the draft text and to provide a copy when it has been finalized. In this context, the Committee also invites the Government to consider favourably the ratification of Convention No. 188, which updates in an integrated manner most of the existing ILO instruments on fishing, and to keep the Office informed of any decision in this respect.

Furthermore, as it has not received any further indications on these points, the Committee once again requests the Government to provide precise information on the application in practice of the following provisions of the Convention: Article 6(2), (4), (7) and (9) to (11), (13) and (14); Article 8(2); Article 9(5); Article 10(1), (5) and (13) to (26); Article 11(7) and (8); and Article 16(6).

Finally, in view of the significance of the fishing fleet in the country and the economic difficulties experienced by the sector, the Committee requests the Government to provide detailed information on the application of the Convention in practice, including up-to-date statistics on the size of the fishing fleet disaggregated by vessel category and age, the number of jobs created, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in the sector, as well as copies of official reports or studies of the State Committee for Fishing or other competent bodies.