ILO Adopts Migrant Fisher Labor Guidelines

The International Labour Organization (ILO) has adopted Guidelines for Fair Labour Market Services for Migrant Fishers at a meeting convened in Geneva from October 27 to 31.

Guidance on recruitment processes, work agreements, complaint procedures, and enforcement measures is included to safeguard the rights of migrant fishers globally while also supporting employers in recruiting and retaining a skilled workforce.

The guidance comes as the fishing industry continues to face human rights violations and inadequate regulatory oversight. Migrant fishers are at risk of forced labor, abusive and violent treatment, child labor, underpayment and withholding of wages, excessive working hours, and blacklisting when their asserting rights.

The guidelines clarify the roles of all relevant stakeholders including State of recruitment, State of origin, flag States, port States, coastal States, labor recruiters, fishing vessel owners, and migrant fishers and their representatives.

They reflect the principles, rights, and obligations set out in the Work in Fishing Convention (No. 188) and Recommendation (No. 199), 2007, and are designed to improve protection for foreign workers engaged in industrial and artisanal fishing. It is, however, recognized that small-scale fishing usually differs significantly in structure to industrial fishing, as it is often informal, family-based, and community-driven. Some recommendations contained in the guidelines may require adaptation to reflect the unique realities and governance structures of such fisheries.

In the event of incidents related to the human rights, safety and health, or treatment of migrant fishers, all States should cooperate with others to investigate, document, and provide support to the migrant fishers concerned, irrespective of their presence or legal status in a State.

The guidelines describe specific responsibilities such as calling on flag States to ensure that any fishing vessel owner found to have committed a serious violation of labor or human rights is denied the right to register a fishing vessel until the competent authority is satisfied that violations will not recur. Port states should take any measures necessary to preserve the health and safety of fishers, including, if need be, by detaining the vessel for rectification measures.

Labor recruiters and vessel owners should conduct human rights due diligence and implement processes that ensure that the human rights of migrant fishers are respected. Migrant fishers are encouraged to become aware of their rights and of the information contained in the guidelines and to attend any available pre-departure or post-arrival training or orientation available to them.

A set of eight tools to facilitate implementation are included, and there is guidance on methodologies for strengthening the collection of data on migrant fishers to improve the availability of relevant statistics to support policymaking and monitoring.

“The Guidelines for Fair Labour Market Services for Migrant Fishers is welcomed, as it improves the clarity of existing global guidance,” says David Hammond, Human Rights at Sea Founder. “Nonetheless, the real issue, which plagues all such initiatives, is effective enforcement. Coastal, flag, and port State authorities cannot be relied upon to uphold this on an equitable basis, if at all. The guidance provides clear tools but will need strong enforcement mechanisms embedded in primary legislation for any chance of real success.”