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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Guatemala

Minimum Age (Fishermen) Convention, 1959 (No. 112) (Ratification: 1961)
Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1961)
Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 1961)

Other comments on C112

Direct Request
  1. 2018
  2. 2011
  3. 2006
  4. 2005
  5. 1998

Other comments on C113

Direct Request
  1. 2018
  2. 2011
  3. 2006
  4. 2002

Other comments on C114

Direct Request
  1. 2018
  2. 2011
  3. 2006
  4. 2000

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The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows. Further to its previous comments, the Committee notes the Government’s indication of the absence of a fishing fleet, as fishing is still eminently artisanal. In this regard, the Committee requests the Government to provide information on any evolution of the sector which has a bearing on the implementation of the Conventions.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age of admission to work in the fishing industry. The Committee requested the Government, in its previous comments, to indicate any measure taken to expressly prohibit the employment of children under the age of 15 years on board fishing vessels, subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the General Labour Inspectorate, in application of the Minimum Age Convention, 1973 (No. 138), has not issued any work permit to young workers under 15 years of age since 2013. The Committee observes, however, that the Constitution and the Labour Code fix the minimum age of admission to work at 14 years. While noting the information provided by the Government, in the absence of a clear provision establishing the minimum age for fishers, the Committee requests the Government once again to indicate any measure taken or envisaged to expressly include in the national legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate. The Committee noted in its previous comments that, according to the Maritime Department of the Ministry of National Defence, there were no regulations allowing to monitor compliance with the application of the Convention in practice. The Committee requested the Government to provide information on the application of Resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, which stipulates that navigation permits are only issued subject to a certificate from the port authority verifying that the crew members’ medical certificates are valid. The Committee notes the Government’s information that the Ministry of National Defence has indicated that, in relation to the aforementioned resolution, the port authority is competent, inter alia, for verification of competency, verification of navigation safety standards of vessels, but is not in charge of medical certificates. The Committee further notes the Government’s indication that the port authority does not have any register nor statistics on fishers in possession of medical certificates. The Government adds that given that the fishing sector is artisanal and mostly a subsistence activity, the inclusion of medical examination among the conditions for navigation would increment the costs of this activity. Recalling that, as provided under Article 2 of the Convention, no person shall be engaged for employment on a fishing vessel unless he produces a certificate attesting to his fitness for the work, the Committee requests the Government to indicate the measures taken to ensure the implementation of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 6(3) of the Convention. Particulars of articles of agreement. The Committee requested the Government to indicate whether it envisaged including in the standard articles of agreement for fishers both a clause concerning the provisions supplied to the fisher according to section 7(g) of Government Order 10 80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention, and a clause concerning the way the wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee notes the Government’s reply that such inclusion has not been contemplated, since it is first necessary to adapt the model agreement – whose revision is still pending and will be conducted as soon as possible – to the current fishing conditions, which have varied markedly since the date of Government Order 10-80. The Committee takes note of this information and requests the Government to indicate the measures taken or envisaged to update the model articles of agreement to put it into full conformity with the Convention.
Article 8. Information on board as to the conditions of employment. The Committee noted that the Government had confirmed that there was no provision enabling fishers to obtain information on board concerning their conditions of employment, as fishing was, for the most part, artisanal and, very frequently, family-based. It was requested to provide information on the outcome of the work it had begun on this subject with the collaboration of the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. The Committee recalls that this provision of the Convention requires that clear information as to the conditions of employment needs to be obtained on board to enable the fisher to satisfy himself as to the nature and extent of his rights and obligations. The Committee notes that the Government did not provide any specific information in this regard and requests it to indicate any measure taken or envisaged to implement this requirement of the Convention.
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