Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 188) sur le travail dans la pêche, 2007 - Norvège (Ratification: 2016)

Autre commentaire sur C188

Demande directe

2023
2019

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The Committee notes the Government’s first report on the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1 to 6 of the Convention. Definitions, scope of application and implementation. The Committee notes the Government’s reference to Regulations of 19 August 2013 No. 990 and Circular RSV 04/2013 of 19 August 2013 on the scope of application of the Ship Labour Act, which contain provisions and guidance on the determination of the persons covered by them. The Committee requests the Government to provide information on the impact of the mentioned Regulations’ and Circular’s criteria on the definition of “fishers” and to indicate how it ensures that all fishers, within the meaning of the Convention, are covered by its legislation. The Committee further requests the Government to indicate whether fisheries observers are considered as fishers. The Committee requests the Government to provide information on the definition of “commercial fishing” in Norwegian legislation.

Article 9(1) and (2). Minimum age. Prohibition. The Committee notes the Government’s indication that young people under the age of 15 are not allowed to carry out work on board fishing vessels and that normally a young Norwegian person will be subject to compulsory schooling up to and including the year he or she turns 16. The Committee notes, however, that according to paragraph 1(b) of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships, applies to young people of at least 14 years of age who are placed on board ships engaged in domestic voyages, including fishing vessels, as part of schooling or practical vocational training. The Committee recalls that the minimum age for work on board a fishing vessel shall be 16 years and that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing, or for persons who perform light work during school holidays (Article 9(1) and (2)). The Committee accordingly requests the Government to take the necessary measures to bring its legislation into full conformity with Article 9(1) and (2).

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that section 8 of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships establish a list of types of work which young people shall not carry out. It also notes that the Regulations provide for the possibility for the Norwegian Maritime Authority to grant exemption from this prohibition where this is necessary for the vocational training of a young person and the work is carried out under the supervision of the master, a person authorized by the master, or a safety representative. The Committee notes, however, that the above-mentioned section does not make reference to the minimum age applying to such an exception. The Committee recalls that the minimum age for assignment to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years, and that, only as from the age of 16, these activities may be authorized by national laws or regulations, or by decision of the competent authority, after consultation, on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training (Article 9(4) and (5)). The Committee accordingly requests the Government to indicate the manner in which it ensures that no person under the age of 16 years is assigned to activities on board fishing vessels, which are likely to jeopardize the health, safety or morals of young persons.

Article 16. Fisher’s work agreement. The Committee notes that section 2 of the Regulations of 19 August 2013 No. 1000 on employment agreement and pay statement provides for the information that shall be included in the employment agreement of any employee working on board Norwegian ships and mobile offshore units. Noting the absence of some particulars contained in Annex II of the Convention, the Committee requests the Government to indicate how full effect is given to Article 16 of the Convention.

Article 22. Recruitment and placement of fishers. The Committee notes the Government’s indication that the requirements for licensing or certification of recruitment and placement services used on Norwegian ships are not regulated by law. It recalls that any private service providing recruitment and placement for fishers which operates in the territory of a Member shall do so in conformity with a standardized system of licensing or certification or other form of regulation. Each Member shall, by means of laws, regulations or other measures, determine the conditions under which any licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations; and specify the conditions under which private recruitment and placement services can operate (Article 22(2) and (3)(c)). The Committee, therefore, requests the Government to indicate the measures taken to give effect to these requirements of the Convention.

Article 24. Payment of fishers. The Committee notes that section 4-2(3) of the Ship Labour Act, 2013 provides that employees may require that all or part of their due amount shall be remitted by fixed monthly bank transfer to members of their household or others. However, the Committee notes that section 4-2 of the Ship Labour Act does not provide that the transmittal of payments to the fishers’ family shall be made at no cost as required by Article 24 of the Convention. The Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 25 to 28. Accommodation and food. The Committee notes that the Government refers to Regulations of 13 June 2000 No. 660 on the construction, operation, equipment and surveys of fishing vessels of 15 metres in length overall (LOA) and over, as amended. The Committee requests the Government to indicate which laws, regulations or other measures apply to fishing vessels of fewer than 15 metres in (LOA) flying its flag with respect to accommodation, food and potable water on board. The Committee recalls that Article 27(c) provides that each Member shall adopt measures requiring that the food and water shall be provided by the fishing vessel owner at no cost to the fisher. However, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisher’s work agreement so provides. Noting the absence of information in this regard, the Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 40, 42, 43 and 44. Compliance and enforcement. The Committee notes that section 43 of the Ship Safety and Security Act 2007 provides that Norwegian ships shall be subject to supervision, including supervision of working conditions and living environment for persons working on board. The Committee notes the amendments to Regulations of 22 December 2014, No. 1893, on supervision and certificates for Norwegian ships and mobile offshore, applicable to fishing vessels of 15 metres in (LOA) and upwards. The Committee recalls that 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 (Article 40). The Committee, therefore, requests the Government to indicate the measures that give effect to Article 40 of the Convention for fishing vessels of fewer than 15 metres in (LOA) that fly its flag.

The Committee notes that section 14(4) of the Regulations of 22 December 2014, No. 1893, provides that fishing vessels shall have a certificate for working and living conditions when the vessel has: (a) an overall length of 15 metres and upwards and is certified for Deep-sea fishing I or greater trade area; (b) a length (L) of 24 metres and upwards and is certified for Bank fishing I or greater trade area. The Committee notes the Government’s indication that it is the Norwegian Maritime Authority’s (NMA) assessment that two of the conditions stipulated by Article 41(1) of the Convention, namely condition one: “ ... remaining at sea for more than three days ...” and condition two: “... which normally navigate at a distance exceeding 200 nautical miles from the coastline of the flag State ...”, are not adequate, neither as material nor territorial scope of application, for the determination of when the requirement for the certificate for working and living conditions on fishing vessels should apply. In order to create a predictable system, the NMA has therefore laid down that the requirement for a certificate for working and living conditions is based on two conditions which are understandable, predictable and easy to administer and comply with, namely the length of a fishing vessel combined with the trade area for which the fishing vessel is certified. The NMA has thus set out that the requirement for a certificate for working and living conditions shall apply to fishing vessels of 15 metres in (LOA) and upwards certified for Deep-sea fishing I or greater trade area, and fishing vessels of 24 metres in length (L) and upwards certified for Bank fishing I or greater trade area. Recalling that Article 41 is not subject to flexible implementation, the Committee requests the Government to provide detailed explanations on the definitions of Bank fishing I and Deep-Sea fishing I, and to indicate how it ensures full compliance with this provision of the Convention.

The Committee notes that section 9-7(5) of the Ship Safety and Security Act 2007 provides that the person working on board may lodge a complaint to the supervisory authorities about the service on the ship and the employment in general, and that the Ministry may issue regulations on such complaints concerning a number of issues. It recalls that, in accordance with Article 43 of the Convention, a Member which receives a complaint or obtains evidence that a fishing vessel that flies its flag does not conform to the requirements of this Convention shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. Noting the absence of information in this regard, the Committee requests the Government to indicate whether any regulation on complaints to the supervisory authorities has been issued, as indicated in section 9-7(5) of the Ship Labour Act, 2013, as well as any other existing arrangements for investigating cases of non-compliance with the requirements of the Convention. The Committee notes that section 44 of the Ship Safety and Security Act 2007 provides that foreign ships may be subject to supervision, including supervision of working conditions and working environment for persons working on board, and that the Ministry may issue regulations containing further provisions relating to such supervision. The Committee recalls that, in accordance with Article 44 of the Convention, 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. Noting the absence of information in this regard, the Committee finally requests the Government to report on whether any regulation on supervision of foreign ships has been issued, as indicated in section 44 of the Ship Safety and Security Act 2007.