Introduction
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5. The Chairperson thanked the Committee for his election and recalled that the purpose of
this first consideration of a new comprehensive standard was to strengthen decent work in
the fishing sector, to promote opportunities for women and men to obtain decent and
productive work, in conditions of freedom, equity, security and humanity. While many
fishers were working under conditions consistent with that goal, there were also many who
might be considered to be among the more vulnerable groups of workers. It would be a
challenge to prepare a standard that did justice to the great diversity of the sector, the many
types and sizes of vessels, the variety of fishing operations, and the different levels of
development in the States concerned. That standard should provide protection for a good
portion of the world’s fishing population. It should be able to attract wide ratification in
order to have a real impact on the lives of fishers. Finally, it must complement the work of
other United Nations system agencies without losing sight of ILO’s decent work
objectives. The Chairperson stressed the time constraints facing the Committee and the
objective of preparing for the second discussion at the International Labour Conference in
2005.
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General discussion
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11. The Employer Vice-Chairperson noted that a new instrument for the fishing sector was
being discussed despite the existence of five earlier Conventions and two
Recommendations. The Committee should be guided in its deliberations by an
understanding of the reasons why few governments could ratify the existing instruments.
Widespread ratification of the new instrument was an important goal. About 90 per cent of
employment in the fishing sector was on micro- and small fishing vessels; only 5 per cent
was on large fishing vessels. Micro- and small enterprises were common in both developed
and developing countries. The Conclusions should aim for flexibility and balance so as to
provide basic protection for all fishers, without eroding the standards enjoyed by some.
Forty years had elapsed since the adoption of the last standard for the fishing sector and
many changes had affected the industry. The primary goal of the ILO was to promote
opportunities for men and women to obtain decent and productive work, and that meant the
creation and maintenance of decent jobs. Improvements in the living and working
conditions of fishers would undoubtedly lead to greater productivity as well. Her group
was willing to engage in frank discussions for the purpose of developing a Convention
accompanied by a Recommendation, with a view to maintaining jobs, promoting economic
development and providing basic protection for all fishers.
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34. The Government member of Chile, also speaking on behalf of the Government members of
Argentina and Brazil, expressed concern that the current definition of fisher, which was
limited to fishers on board vessels, could create an obstacle to ratification. It could be
desirable to incorporate a gender dimension as well.
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Examination of the proposed Conclusions contained in Report V (2)
C. Proposed Conclusions with a view to a Convention
Part I. Definitions and Scope
Point 5, clause 5 (c)
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161. The Government member of Argentina submitted an amendment, seconded by the
Government member of Brazil, to insert the words “man or woman” after the word
“person” in clause (c). This was done because the concept of gender did not appear
anywhere, and they felt it important for issues such as accommodation, to consider that the
vessel could be carrying women as well as men.
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163. The Government member of Denmark spoke against the amendment, on the basis of the
lengthy discussions that had led to the choice of “fisher” as a term that would cover both
men and women.
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166. The Government member of Germany also opposed the amendment, noting that specific
issues related to the situation of women could be taken into account elsewhere in the text.
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Part III. Minimum requirements for work on board fishing vessels
III.2 Medical Examination
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424. The Government members of Argentina, Brazil and Chile submitted an amendment to
Point 20, clause (a), to add after the word “examinations” the words, “also considering
gender issues”. The Government member of Chile explained that provisions on medical
examinations should take into account gender issues.
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426. The Employer Vice-Chairperson rejected the amendment. The Committee had earlier
agreed that “fisher” comprised men and women.
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428. The Government member of France considered the amendment unjustified. It was up to the
doctor to check the aptitude for work of both men and women. Furthermore, such an
amendment would set a precedent for every ILO Convention concerning aptitude for work.
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| Part IV. Conditions of service
IV.1. Manning and hours of rest
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459. An amendment was submitted by
the Worker members to replace the title “Manning” with
“Crewing/manning”. A Worker member from Denmark stated that the
intention of the text
was to provide a more gender-neutral terminology. The proposal was to
use
“crewing/manning”, a more inclusive term, in the title while keeping
“manning” in the
substantive provisions, because of its legal significance.
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VI.l. Medical care
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610. The Worker member from the
United Kingdom introduced an amendment to replace in
clause (a) the word “appropriate” by “specified”; add “, including
women’s sanitary
protection and discreet and environmentally friendly disposal units,”
after the word
“supplies”; and to add “and applicable international standards” after
the word “voyage” to
be proactive in protecting the health of women fishers.
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611. The
Employer Vice-Chairperson proposed a subamendment to add the words “and
gender”
to the original text of the paragraph, as follows: “taking into account
the number and
gender of fishers on board”. This would adequately address the issue.
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618. The
Worker Vice-Chairperson replied that their amendment concerned health
protection
for women and that was their reason for submitting it.
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