Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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 second report on the application of the Convention.

Articles 1–2 of the Convention. Definitions and scope of application. 1. Fishers. The Committee notes that, in reply to its previous request on the definition of fisher, the Government indicates that: (i) all persons on board officially registered commercial fishing vessels are covered by legislation applicable to fishing vessels; the fact that a vessel is registered as a “fishing vessel” establishes the linkage which determines who is covered by the Convention; (ii) the Ship Labour Act, 2013, and related regulations apply to persons engaged in work associated with the operation of vessels; (iii) persons covered by the Working Environment Act and who perform work on board for a shorter period of time are not covered by the Ship Labour Act, thus official fisheries observers would not be covered by the Act and related regulations; and (iv) the Ship Safety and Security Act and related regulations will however apply to all categories of personnel on board any ships, irrespective of type and size. Based on the Government’s indication, as well as on Regulations of 19 August 2013 n. 990 and Circular RSV 04/2013 of 19 August 2013, the Committee observes that fishers who work on board for a short period of time or perform work which in its nature does not form part of the ship’s ordinary operation could be excluded from the Ship Labour Act. Noting that Norway made no use of the flexibility clause in Article 3, paragraph 1(b), theCommittee requests the Government to provide examples of categories of fishers working on board fishing vessels for short periods or performing work which does not form part of the ship’s ordinary operation, who are totally or partially excluded from the scope of application of the Ship Labour Act, as well as to explain the reason why they would not qualify as “fishers” within the meaning of the Convention.

2. Commercial fishing. The Committee notes that, in reply to its previous comments, the Government indicates that section 1 of Regulations of 7 December 2012 No. 1144 defines “commercial fishing” on the basis of a person, or an enterprise trading catch valued in excess of NOK 50,000/annually. The Committee takes note of this information.

Article 9. Minimum age. 1. Minimum age and possible exceptions. The Committee notes that, in reply to its previous comments, the Government indicates that: (i) section 18 of the Ship Safety and Security Act establishes 16 years as the minimum age to work on board Norwegian ships; (ii) although section 1 of Regulations of 25 April 2002 No. 423 (Regulations No. 423) allows persons under 16 years of age to work on board fishing vessels, it is clearly stated that the activities are not considered work within the meaning of the intention of section 18 of the Ship Safety and Security Act; and (iii) in the preparatory work of the Ship Safety and Security Act, the intention of section 18 is expressed as follows: “[...] it will not be possible to derogate from the age limit of 16 years if the work is remunerated or otherwise compensated by other means.” The Committee, referring to its previous comments, observes that Regulations No. 423, amended in 2017: (i) apply to young people of at least 14 years of age who are placed on board ships engaged on domestic voyages, including fishing vessels, as part of schooling or practical vocational orientation (section 1(b)); (ii) define “work” as also including work that forms part of apprenticeship contracts or secondary education (section 1); and (iii) allows work on board fishing vessels of young persons from 15 years either on light work when they are subject to compulsory schooling, or in vocational training when they are not (section 9, fifth paragraph). The Committee requests the Government to indicate the measures taken to ensure that, in all cases, the minimum age to be placed on board fishing vessels as a part of schooling or vocational training is 15 years, in conformity with Article 9, paragraph 1. It further requests the Government to indicate the measures taken to determine, after consultation, the types of work permitted as light work for persons of 15 years subject to compulsory schooling, as well as the conditions in which such work shall be undertaken, and the periods of rest required (Article 9, paragraph 2).

2. Hazardous work. The Committee observes that the relevant legislation does not clearly stipulate that the performance of the activities referred to in Article 9, paragraph 3 of the Convention may be authorized only as from the age of 16 under certain conditions. Moreover, the requirements for granting exceptions from the prohibition of hazardous work under section 8, third paragraph of Regulations No. 423 are not in full conformity with those of Article 9, paragraph 5 (protection of health, safety and morals of the young persons; adequate specific instruction or vocational training; and basic pre-sea safety training). The Committee requests the Government to take the necessary measures to bring Regulations No. 423 in full conformity with Article 9, paragraph 5.

Articles 11 and 12. Medical examination. The Committee requests the Government to provide a model of medical certificate for fishers working on board fishing vessels.

Article 15. Crew list. Noting the information provided by the Government in its previous report on the legislation giving effect to this provision, the Committee requests the Government to indicate how it guarantees that a copy of the crew list is provided to authorized persons ashore prior to departure of the vessel, or communicated ashore immediately after departure of the vessel, as well as to indicate to whom and when such information shall be provided and for what purpose.

Article 16. Fisher’s work agreement. The Committee notes that, in reply to its previous comments, the Government refers to the chapeau of Annex II indicating that “a collective bargaining agreement where applicable” can render the particulars of such annex unnecessary. It indicates that, as there are several trade unions that organise fishers, all have representative collective bargaining agreements which detail particulars to be included in the work agreement(s). The Committee requests the Government to provide an example of a fisher’s work agreement, as well as of collective bargaining agreements covering commercial fishing.

Article 22. Recruitment and placement of fishers. The Committee notes that, in reply to its comments, the Government generically refers to Regulations of 19 August 2013 No. 999 on the use of recruitment and placement services on ships, as amended in 2017. Recalling the Government’s indication that requirements for licensing or certification of recruitment and placement services used on Norwegian ships are not regulated by law, the Committee reiterates 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 to be determined by Member States after consultation. The Committee requests the Government to take the necessary measures to give full effect to Article 22, paragraphs 2 and 3(c) of the Convention.

Article 24. Payment of fishers. The Committee notes that, in reply to its comments, the Government refers to the principle that parties may agree on the method for paying salary and other financial considerations, which is adopted by the representative parties of collective agreements relevant for the Norwegian fishing sector. While noting the Government’s information,the Committee again requests the Government to specify how it is guaranteed that the transmittal of payments to the fishers’ family is made at no cost as required by Article 24 of the Convention.

Articles 25–28. Accommodation and food. The Committee notes that, in reply to its previous comments, the Government indicates that pursuant to section 4 of the Regulations of 22 November 2013, No. 1404, fishing vessels of less than 15 meters in length overall (LOA) shall be built according to the provisions of the Nordic Boat Standard for commercial boats of less than 15 meters (1990) or equivalent standards. The Committee notes that Chapter 12 of the Standard, which deals with accommodation, only regulates sanitary facilities for closed boats of more than 8 metres LOA, ventilation, and fresh water. The Committee further notes that only the provisions on food and cleaning (Chapters VII and VIII) of Regulations of 15 October 1991 No. 713 on catering on fishing and catching vessels, referred to by the Government, apply to new fishing vessels under 15 metres. The Committee therefore notes that the national legislation only partially implements the Convention requirements related to accommodation (Articles 26 and Annex III) for new fishing vessels of less than 15 metres engaged in commercial fishing. The Committee requests the Government to take the necessary measures to ensure that the requirements contained in Article 26 and Annex III apply to new decked fishing vessels of less than 15 metres, bearing in mind the relevant flexibility clauses contained in the Convention.

Article 27(c). Accommodation and Food. Food and water at no cost. Noting the absence of information in this regard, the Committee again requests the Government to indicate how it implements Article 27(c) of the Convention.

Article 39. Medical care in a foreign port. The Committee notes that, under section 8-1 of the Ship Labour Act, if a person working on board is left behind in a foreign country due to illness or injury, the company shall ensure that the person concerned is placed in the care of a Norwegian foreign service official. If this is not practicable, the company shall arrange for the person concerned to receive proper care in another manner, and notify next of kin at his or her request. The Committee requests the Government to confirm whether fishing vessel owners, Norwegian National Insurance or an equivalent national insurance scheme in the country of residence of the fisher, are responsible for defraying the expenses of medical care, including related material assistance and support, during medical treatment in a foreign country, until the fisher has been repatriated, and to indicate the relevant applicable provisions.

Articles 40, 42–44. Compliance and enforcement. 1. Inspection. The Committee notes that, in reply to its previous request, the Government indicates that: (i) all fishing vessels of LOA between 8 and 15 meters are subject to inspection and survey by companies authorised by the National Maritime Authority (NMA), and shall be issued with a trading instruction as proof of compliance with applicable standards for such vessels; and (ii) fishing vessels with LOA of less than 8 meters are inspected, typically during inspection campaigns held in conjunction with seasonal fishing activities. Noting the absence of specific reference to the inspection of working and living conditions of fishers, the Committee requests the Government to provide information on how inspections on fishing vessels of less than 15 metres LOA comply with the requirements of Articles 40 and 42.

2. Certificate for working and living conditions for fishing vessels. In its previous comments, the Committee noted that the condition laid down by the NMA for issuing a certificate for working and living conditions for fishing vessels in Norway, instead of the requirement of Article 41, paragraph 1 of the Convention, is based on the length of the vessel combined with the trade area. It requested the Government to provide explanations on the definitions of “Deepsea fishing I” and “Bank fishing II”. The Committee notes the Government’s reply regarding the above definitions. The Government indicates that the ground for the scope of application of Regulations of 22 December 2014, No. 1893 is that fishing vessels of 15 metres LOA and over that are certified for fishing beyond 200 nautical miles from the baseline (in trade area Deepsea fishing I or greater trade area) have an operational pattern indicating that it is not uncommon for them to remain at sea for more than three days. Based on the NMA’s data, as per 12 June 2017, there were 23 fishing vessels of less than 24 metres in length (L) that were certified for trade area Deepsea fishing I or greater trade area, thus required to be issued with a certificate for working and living conditions on fishing vessels. The Government also indicates that, in the NMA’s assessment, it will be relatively normal for fishing vessels of 24 metres in length (L) and upwards certified for trade area Bank fishing I or greater trade area to remain at sea for more than three days. The NMA has therefore laid down that such fishing vessels shall be subject to inspection for compliance with the requirements of the Convention. The Committee takes note of this information.

3. Complaints. The Committee notes that, in reply to its previous request, the Government indicates that Regulations of 19 August 2013 No. 998 on the right to lodge complaints for persons working on board ship apply to any person working on board a Norwegian ship, including those working on board fishing vessels. Under section 3, paragraph 7 of the Regulations, “[i]f the complainant finds it necessary, the complaint may be lodged directly with the Norwegian Maritime Authority”. The Committee takes note of this information.

4. Port State Control. The Committee notes that, in reply to its previous request, the Government indicates that port State control is implemented by Regulations of 24 November 2014 No. 1458. Pursuant to section 4a of the Regulations, the NMA has followed the provisions of Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended. NMA’s controls over foreign fishing vessels are performed in accordance with article 4 of the Torremolinos Protocol. The Committee observes that both the Council Directive 97/70/EC, as amended, and the Torremolinos Protocol apply to fishing vessels of 24 metres in length and over, and do not concern inspection on the working and living conditions on fishing vessels. The Committee requests the Government to confirm whether these inspections also cover the working and living conditions on fishing vessels.