Analysis of International Labour Rules and Standards in the Fishing Sector with an Emphasis on the Rights of Workers Working in the Fishing Sector
Subject Areas : International Legal ResearchMahla Fathi 1 , Farhad Talaie 2
1 - Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
2 - Associate Professor, Department of International Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
Keywords: ", Decent Work", Workers', Rights", International labour Rules and Standards", Work in the Fishing Sector", ILO Convention 188", ILO Recommendation 199",
Abstract :
Field and Aims: One of the occupations that the International Labor Organization (ILO) has deal with, due to its importance and frequency, is fishing. Many countries have not yet particularly addressed the dimensions of this issue; such as the difficulty of working in this profession, low wages and various dangers that always threaten fishermen; and this has caused fishermen to experience a lot of discrimination compared to other jobs.Method: In this research, descriptive-analytical method has been used and librarymethod has been utilised as the method of collecting information.Finding and Conclusion: The International Labor Organization, as a leading organization for the protection of workers' rights, has codified and developed several laws to protect the rights of fishermen. The Convention (No. 188) and The Recommendation (No. 199) are among the most important documents of the International Labor Organization in the field of work in the fishing sector. The main purpose of these documents is to provide conditions so that fishermen can benefit from job security along with other workers and have the possibility of concluding fair work contracts, considering the difficulty of working at sea. Convention 188 provides a set of minimum requirements and standards. However, many countries are unable to fulfill these minimum requirements and standards. Providing technical and financial assistance is one of the main ways to help such countries. But it should always be kept in mind that the most important step to improve the rights of fishermen is to increase their awareness about their rights.
-پایگاه اطلاع رسانی شیلات ایران. (1400). استانداردهای قانون کار در بخش ماهیگیری؛
In: https://vista.ir/m/a/3srcb (Accessed Mar.24, 2022)
- مارینا کاسپین. (1396). کنوانسیون های دریانوردی؛
In: https://marinacaspian.com. (Accessed Mar.15, 2022)
- والاس، ربکا (1382). حقوق بین الملل. مترجمان: سید قاسم زمانی و مهناز بهراملو. تهران، مؤسسه مطالعات و پژوهشهای حقوقی.
- Alejandro J. Garcia Lozano, Jessica L. Decker Sparks, et al. (2022). “Decent Work in Fisheries: Current Trends and Key Considerations for Future Research and Policy”, Elsevier Journal (Marine Policy), no.136.
- Belton, B., Marschke, M., & Vandergeest, P. (2019). “Fisheries Development, Labour and Working Conditions on Myanmar's Marine Resource Frontier”, Journal of Rural Studies.
- International Collective in Support of Fish workers (ICSF). (2007). “ICSF Guidebook Understanding the Work in Fishing Convention”, India.
- International Collective in Support of Fish workers (ICSF). (2006). “International Legal Instruments Relevant to Fisheries and Fishing Communities: A Handbook 2006”, India.
- International Collective in Support of Fish workers (ICSF). (2004). “Fishing for Standards”, Administrator, (Accessed Sep. 12, 2021). In:
http://www.icsf.net.
- International Labour Organization (ILO). (19 Jun 1959). “Minimum Age (Fishermen) Convention”, (No. 112), Adoption: Geneva, 43rd ILC Session.
- International Labour Organization (ILO). (19 Jun 1959). “Fishermen's Articles of Agreement Convention, 1959” (No. 114), Adoption: Geneva, 43rd ILC Session.
- International Labour Organization (ILO). (14 Jun 2007). “Work in Fishing Convention, (No. 188)”, Adoption: Geneva, 96th ILC Session.
- International Labour Organization (ILO). (14 Jun 2007). “Work in Fishing Recommendation”, (No. 199), Adoption: Geneva, 96th ILC Session.
- International Labour Organization (ILO). (2016). “Work in Fishing Convention and Recommendation, 2007. Action Plan 2011–2016”.
- International Labour Organization (ILO). (2015). “Final Concept Note - the Second Regional Meeting on the Protection of Migrant ASEAN Review of ‘Guidelines”, Jakarta, Indonesia.
- International Labour Organization (ILO). (2019). “The Rules of the Game”, Fourth edition.
- International Labour Organization (ILO). (2010). “Handbook for Improving Living and Working Conditions on Board Fishing Vessels”.
- International Labour Organization (ILO). (2017). “Decent Work for Migrant Fishers”; Geneva, Switzerland.
- International Labour Organization (ILO). (2013). “Decent Work Indicators: Guidelines for Producers and Users of Statistical and Legal Framework Indicators”.
- MacNaughton, G., & Frey, D. F. (2011). “Decent Work for All: A Holistic Human Rights”, Law Rev; No.26.
- Marschke, M., & Vandergeest, P. (2016). “Slavery Scandals: Unpacking Labour Challenges and Policy Responses Within the Off-shore Fisheries Sector”, Marine Policy.
- Mathew. S. (2010). “From Informal 'Co-adventurers' to Formal Workers? ILO's Work in Fishing Convention, 2007”, Economic and Political Weekly, Vol. 45, No.5.
- Zameel, H. (2019). “Towards Ratification and Implementation of ILO Work in Fishing Convention, 2007 in the Maldives”, The Maritime Commons: Digital Repository of the World Maritime University, Malmö, Sweden.
_||_