Work in Fishing Convention, 2007 (No. 188) - Faroe Islands

CMNT_TITLE

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1 and 2 of the Convention. Definitions and scope of application. Fishers. The Committee notes that the legislation provided by the Government does not contain a definition of “fishers” or “skipper”. The Committee accordingly requests the Government to indicate how its legislation defines fishers and skippers in accordance with Article 1, paragraphs (e) and (l).

Article 7. Competent authority and coordination. The Committee notes that the Government provides no information existing mechanisms for coordination among relevant authorities as required by Article 7. The Committee accordingly requests the Government to indicate how it complies with this provision of the Convention.

Article 9(3–5). Minimum age. Hazardous work. The Committee notes the Government’s reference to Regulation 3, paragraph 3 of Ch. I, Part B on “Young people’s work on board ships” of 1 July 2002 and to section 44 of the Executive Order No. 105 of 5 August 2015 on certificates of competency and qualification requirements to manning on ships, as amended. It observes that these provisions do not implement Article 9(3–5) of the Convention. The Committee accordingly requests the Government to explain how it ensures that no person under the age of 18 years is assigned to activities on board fishing vessels, which are likely to jeopardize their health, safety or morals. It further requests the Government to provide the list of prohibited types of hazardous works on board fishing vessels, determined by national laws or regulations, or by the competent authority, after consultations required by the Convention (Article 9(3)).

Articles 13 and 14. Manning and hours of rest. The Committee notes that, although section 4 of the Executive order No. 92 of 2 June 2021 on seafarers’ hours of rest employed on fishing vessel, provides that seafarers who are required to work during a planned period of rest when necessary for the catch or for processing the catch, it does not regulate compensatory rest in case the fisher is required to work for the immediate safety of the vessel, those on board or the cargo or in order to assist other ships or persons in distress at sea. The Committee requests the Government to indicate how it is ensured that compensatory periods of rest are effectively provided to fishers under the conditions set out in Article 14(4).

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s reference to section 25 of the Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc. as last amended by Parliamentary Act No. 28 of 11 March 2022 dealing with the possible deduction from seafarers’ wages. Noting that the Government provides no specific information on the implementation of Article 24, the Committee requests the Government to indicate how it is ensured that all fishers working on board fishing vessels are given a means to transmit all or part of their payments received, including advances, to their families at no cost.

Articles 29 and 30. Medical care. The Committee notes that the Government refers to section 27 of the Notice No. 80 of 15 July 2016 concerning technical regulation on occupational health in ships. It notes however that this Notice is not available in English. The Committee accordingly requests the Government to provide detailed information on the content of section 27 of the said Notice. It also notes that the Government refers to Notice No. 2 on medicine chest and medical treatment on board ships. The Committee observes however that this Notice does not apply to fishing vessels below of 15 meters. The Committee recalls that Article 29, requires appropriate medical care on board fishing vessels, regardless of the size of the fishing vessel. The Committee requests the Government to indicate how it gives effect to Article 29 in relation to fishing vessels below 15 meters.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that Notice 80 of 15 July 2016 referred to by the Government is not available in English. The Committee accordingly requests the Government to provide detailed information on the application in law and in practice of Article 31 to 33 of the Convention, transcribing whenever possible the relevant sections of the applicable texts.

Articles 40–42. Compliance and enforcement. Flag State inspections. The Committee notes that the system of inspection is regulated Parliamentary Act No. 165 of 21 December 2001 on safety at sea, as last amended by Parliamentary Act. No. 91 of 7 June 2020. The Committee requests the Government to provide information on: (i) the number of qualified inspectors to fulfil its responsibilities under Article 41 of the Convention, indicating their training and qualification requirements; (ii) the number of inspections undertaken on fishing vessels, and to supply examples of the reports drawn up following these inspections; (iii) the number of Work in Fishing Convention Certificates issued, and to supply an example of such certificate issued by theMaritime Authority of Faroe Islands.

Articles 43–44. Compliance and enforcement. The Committee notes that the Government refers to Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc. as last amended by Parliamentary Act No. 28 of 11 March 2022 which regulates complaints on board fishing vessels. The Committee observes that the Government has not submitted information on how it implement the detailed requirements of articles 43 and 44. The Committee accordingly requests the Government to clarify how it ensures that the complaints may be submitted by a fisher, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the vessel, including an interest in safety or health hazards to the fishers on board (Article 43(3)).The Committee further requests the Government to provide up-dated information on the number of investigations carried out and on measures taken as a result, as well as to describe any port State control measures taken in pursuance of Articles 43 and 44.