Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 3(2)(e) of the Convention. Periodic consultations with fishing vessel owners’ and fishers’ organizations. The Committee notes the Government’s reference to Presidential Decree No. 484/2011 on the establishment of the State Fisheries Agency and also the setting up of a permanent advisory body under this State Agency. It notes, in particular, that under section 4(3) of the regulations on the Public Council of the State Fisheries Agency, one of the functions of the Public Council is to consider draft regulations on the formulation and implementation of state policies for the fisheries sector. It also notes that in accordance with section 6 of the same regulations, the members of the Public Council are elected from civic, religious, charitable and professional unions and associations, as well as employers’ organizations. It further notes section 14 of the regulations which provides that plenary meetings of the Public Council are held at least four times a year. The Committee requests the Government to keep the Office informed of the activities of the newly established State Agency of the Fishing Industry and of its advisory body, especially as regards the framing of new regulations or the application of existing ones on crew accommodation of fishing vessels.

Article 5(1)(c). Complaint-based inspection. Further to its previous comment, the Committee notes the Government’s renewed reference to Act No. 393/1996 on the appeals of citizens which nonetheless does not prescribe the manner or the conditions under which a recognized fishers’ organization may file a complaint that must be followed by a detailed inspection of the crew accommodation of the fishing vessel concerned. Noting that there is currently no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels, the Committee requests the Government to consider all appropriate action to fully implement this Article of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b) and 16(6). Crew accommodation requirements. The Committee notes the Government’s reference to Order of the Ministry of Health No. 57 of 20 December 2000, concerning the State Sanitary Rules for Sea-Going Vessels (DSP7.7.4.-057-2000). While the State Sanitary Rules appear to give effect to most of the technical requirements of the Convention, the Committee would appreciate if the Government could specify the legal or administrative provisions implementing the following provisions of the Convention: Article 6(9) (fire prevention or fire retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck).

Part V of the report form. Application in practice. The Committee once again requests the Government to provide up-to-date information concerning the practical application of the Convention, including, for instance, statistics on the capacity of the fishing fleet and the workforce in the fishing sector, copies of official documents such as guidelines or manuals for inspecting fishing vessels, and extracts from inspection reports showing the number and nature of accommodation-related infringements observed and sanctions imposed.

Finally, the Committee recalls that most of the provisions of this Convention have been incorporated in the Work in Fishing Convention, 2007 (No. 188), which aims at revising and bringing up to date in an integral manner most of the existing ILO fishing instruments. In particular, Articles 25–28 and Annex III of Convention No. 188, draw upon and further elaborate the provisions of Convention No. 126. The Committee accordingly invites the Government to give due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.