Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 5(1)(c) of the Convention. Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels. The Committee notes that, in its report, the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated several times in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. Therefore, in the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation of fishing vessels, the Committee once again requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b), and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s statement that, although no draft legislation has been submitted to date, the Ukrainian Constitution establishes that international treaties currently in force, agreed to be binding by the Supreme Rada of Ukraine, form part of Ukraine’s national legislation (section 9). The Government further indicates that, in accordance with the Law of Ukraine on International Treaties of Ukraine, when the domestic legislation is contrary to such international treaties, the latter shall prevail (section 19).  The Committee accordingly requests the Government to indicate how it ensures, in practice, the direct application of 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).