Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Ecuador (Ratification: 1978)

Articles 5 and 8 of the Convention. Records of employment for every fisher and on-board information on conditions of employment. The Committee requested the Government to specify the manner in which effect is given to Articles 5 and 8 of the Convention. The Committee notes that the Government refers in its report, as it has done previously, to Ministerial Decree No. 0063 of 13 March 2014 issuing regulations on the special labour relationship for offshore fishing and fishing in the high seas. The Government also refers to Resolution No. MTOP SPTM 20160102 R, Official Gazette No. 830, 31 August 2016, which establishes standards and requirements for the certification, registration and renewal of documents for seafarers and fishers working on vessels flying the Ecuadorian flag and dockworkers working in port facilities. The Committee notes, however, that the standards mentioned by the Government do not give effect to Articles 5 and 8 of the Convention. Indeed, these standards do not specify that a document containing a record of the services of every fisher must be kept by or in a manner prescribed by the competent authority, nor do they establish that at the end of each voyage or venture a record of service in regard to that voyage or venture shall be available to the fisher concerned or entered in his service book (Article 5). Nor do they stipulate that in order that the fisher may satisfy himself as to the nature and extent of his rights and obligations the competent authority shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment (Article 8). The Committee therefore once again requests the Government to take the necessary measures to give effect to these requirements of the Convention.