As I listen online to the discussion at the 21 WCPFC plenary in Suva, I smile as the Conservation and Management Measure for Labour Standards has been finally adopted.
I should be happy about this, and to an extent, I’m happy.
yeah… better than nothing
Although the adopted text is a diluted version (to almost homeopathic levels) of the original one, which we started 4 years ago, to have a labour CMM is a good starting point.
It has been an exercise in frustration… from day one, most DWFNs (other than Spain) have gone through a lot of trouble and wording not to be held accountable internationally for labour rights violations on their vessels.
It seemed they were forced to discuss this. It was not about the people in the room; it was about the crew, yet they were always on the defensive. Representatives in the discussions constantly went through much trouble and wordsmithing as to not be held accountable internationally for labour rights violations on their vessels.
I've never seen otherwise good people work so hard in opposition to being what I know they are: decent humans beings.
Just one example… in which other jobs in the world will you have developed nations (China, Japan, Korea, USA, TW) opposing that contracts for people working in what is literally their country should not be required to have the elements in italics below… Can a work contract be legal without any of these? Would you be happy for any of you kids to have a job with a contract that does not need to have family name and other names, date of birth or age, and birthplace?
They were ready to walk back from negotiations if, as I originally proposed, the following should be required… they agree to “may”, which means that someone on the board could have a contract with any of the following:
Attachment 1: Particulars that may be included in a Crew Agreement
1. The crew’s family name and other names, date of birth or age, and birthplace.
2. The place at which and date on which the agreement was concluded.
3. The details of the crew member’s next of kin or designated contact person in the event of an
emergency.
4. The name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the crew undertakes to work. If the crew member changes vessels, this should be updated by the vessel owner and/or operator in the written contract or agreement with the crew member.
5. The name and address of the vessel owner and/or operator, or other party to the agreement with the crew member.
6. Starting date and duration of contract.
7. The voyage or voyages to be undertaken, if this can be determined at the time of making the agreement.
8. The capacity in which the crew is to be employed or engaged.
9. If possible, the place at which and date on which the crew member is required to report on board for service. This should include details of the carrier delivering the crew member to the fishing vessel, if the crew member boards the fishing vessel at sea.
10. The provisions to be supplied to the crew, any in-kind payments of a limited proportion of the remuneration, the amount of wages, or the amount of the share and the method of calculating such share if remuneration is to be on a share basis, or the amount of the wage and share and the method of calculating the latter if remuneration is to be on a combined basis, and any agreed minimum wage, and periodicity and form of payments.
11. The termination of the agreement and the conditions thereof, namely:
a. if the agreement has been made for a definite period, the date fixed for its expiry, unless agreed by mutual consensus;
b. if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the crew shall be discharged; and
c. if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for fishing vessel owner and/or operator or other party to the agreement with the crew member.
12. The right of termination by the crew member in the event of forced or compulsory labour and other mistreatment, and to clearly account for deductions made against the crew member's wages for any in-kind contributions.
13. The protection that will cover the crew member in the event of forced or compulsory labour and other mistreatment, sickness, injury or death in connection with service.
14. The amount of paid annual leave or the formula used for calculating leave, where applicable.
15. The health and social benefits coverage and benefits to be provided to the crew member by the fishing vessel owner and/or operator, or other party or parties to the crew member’s work agreement, as applicable.
16. The crew member's entitlement to repatriation and terms of repatriation.
17. Information on crew members’ rights and access to complaint or dispute mechanisms and legal support.
18. The minimum periods of rest, in accordance with national laws, regulation or other measures.
19. Full protection of the health and safety and morals of young crew members, including ensuring young crew members have received adequate specific instruction or vocational training and have completed basic pre-sea safety training.
So yeah…, it is great that we have something that is the first one by any RFMO worldwide… and to an extent, we can challenge others at TCC.
It is good to have a stick in the yard to start measuring things… yet I feel that this step is it to help in the legality of their work… while they still make shit money
So yeah… to an extent… the work is just starting. And is good to have the CMM adopted.