Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Ukraine (Ratification: 1970)

The Committee notes the information provided in the Government’s last report and attached documentation. It wishes to draw the Government’s attention to the following points.

Article 3, paragraph 2(e), of the Convention. The Committee notes the Government’s indications on the Labour Protection Management System in Fishery, approved by the Order of the State Fishery Committee of Ukraine of 11 May 1999, No. 69. It notes, in particular, that section 2.18 of the System provides for separate responsibilities of state agencies, the Labour Protection Service, the managers of each undertaking of the fishery industry, owners, captains and managers of vessels, as well as the representatives of workers’ collectives and trade unions in exercising the supervision and control over labour matters in fishery. The Committee asks the Government to clarify whether provision is made for periodical consultations with fishing-vessel owners’ and fishers’ organizations, and, if so, to provide concrete information on the manner such consultations are conducted in practice (frequency, agenda items, participation, etc.).

Article 5, paragraph 1(c). While noting the Government’s reference to the Law of Ukraine of 13 May 1999, No. 653-XIV on the Appeals of the Citizens, the Committee asks the Government to explain how this general piece of legislation gives effect to the specific requirements of this paragraph of the Convention, namely the obligation to inspect a fishing vessel’s crew accommodation every time a complaint is filed with the competent authority by a recognized fishers’ organization representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the vessel.

Article 6, paragraph 3. While noting the Government’s indications on this point, the Committee asks the Government to specify the provision(s) of any of the following instruments giving effect to this Article of the Convention with regard to fishing vessels of all four categories: (i) Rules of Classification and Building of sea-going vessels of the Russian Sea Navigation Register of 1999 (hereinafter referred to as the "Classification and Building Rules"); (ii) Sanitary Rules for sea-going vessels of the fishing fleet of the USSR, issued on 22 December 1977, No. 1814-77 (hereinafter referred to as the "Sanitary Rules"); (iii) Regulations on sanitary inspection in the course of design, building, re-equipment, repair and acceptance of vessels and other equivalent installations and structures, approved by the Order of the first Deputy Chief State Sanitary Inspector of Ukraine of 9 February 1999, No. 17.

Article 6, paragraphs 11, 13 and 14. While noting the Government’s reference to section 6 of the Sanitary Rules, the Committee has been unable to identify any provisions in this section being directly relevant or giving effect to the specific requirements of this Article of the Convention. It therefore asks the Government to provide additional explanations on this point.

Article 8, paragraph 3. While noting the Government’s reference to section 3.1.2 of the Sanitary Rules, the Committee has been unable to identify therein any provision explicitly prohibiting heating by open fires. It therefore asks the Government to provide additional explanations in this regard.

Article 10, paragraph 3(a)-(d). The Committee notes the Government’s reference to the Sectoral Standard of the USSR Ministry of Fishery, OST 15.214-79 SSBT. It asks the Government to provide a copy of this text.

Article 10, paragraph 9. While noting that under section 2.1.3 of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation, the Committee requests the Government to clarify whether in case of sleeping rooms such inscription must also indicate the maximum number of persons to be accommodated in this room, as required under this Article of the Convention.

Article 12, paragraph 2(c). The Committee notes that, according to the Government’s report, the Sanitary Rules are currently being revised so as to be fully harmonized with the requirements of the Convention, including the provision of this paragraph. The Committee would appreciate being kept informed of the progress in the revision process, and asks the Government to transmit a copy of the revised Rules as soon as they are adopted.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions in the national legislation requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. While noting that sections 2.5.1 and 2.5.2 of the Sanitary Rules provide for a sick bay on vessels of category I (i.e. vessels of 65 metres in length or over), the Committee recalls that the Convention requires a sick bay for all fishing vessels of 45.7 metres in length or over. It therefore asks the Government to revise the Rules accordingly.

Article 16, paragraph 6. While noting the Government’s statement that the Rules of fire safety on board fishing vessels of the fish fleet of Ukraine, approved by the Order of the Sate Fishery Committee of Ukraine of 14 March 2000, No. 24, give effect to this provision of the Convention, the Committee requests the Government to communicate a copy of this text.

Moreover, the Committee would be grateful if the Government could provide further explanations regarding the application of the following provisions: Article 6, paragraphs 2, 4, 7, 9 and 10; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5 and 13-26; Article 11, paragraphs 7 and 8. In addition, the Committee would appreciate receiving copies of: (i) the Rules concerning accident prevention on vessels of the fishing fleet of Ukraine; and (ii) the Regulations on service on vessels of the fleet of the fishing industry of Ukraine, to which reference was made in the Government’s report.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.