ILO Report 2011

Background

The Seafarers' Identity Documents Convention (Revised), 2003, revises the Seafarers' Identity Documents Convention, 1958 (Convention 108) that Canada ratified on May 31, 1967. Since that time, Transport Canada has issued seafarers' identity documents (SIDs) under the framework of Convention 108 to Canadian seafarers who request them. Canada has also implemented policies consistent with Convention 108 with respect to the recognition of SIDs issued by other ratifying States in order to facilitate seafarers' entry into the country for the purposes of shore leave, as well as transit, transfer or repatriation.

Following the events of September 11, 2001, the International Maritime Organization (IMO) adopted a resolution calling for "a review of measures to prevent acts of terrorism which threaten the security of passengers and crews and the safety of ships". The IMO undertook a review of its pertinent Conventions, including the International Convention for the Safety of Life at Sea, 1974 (SOLAS), and requested the ILO to amend Convention 108 to introduce appropriate security measures for the issuance of SIDs. The ILO Governing Body responded by placing an urgent item on the agenda of the 91st Session of the International Labour Conference.

Negotiations at the June 2003 Conference resulted in the adoption of Convention 185. This new Convention introduces a biometric identity verification system for the world's 1.2 million seafarers in order to improve international security in the global maritime shipping sector. At the same time, the Convention is designed to ensure the rights of seafarers and facilitate mobility in the exercise of their profession.

The Convention

The Convention's main articles could be summarized as follows:

• Article 1 of the Convention sets out its scope of application. Its provisions apply to all seafarers, defined as "any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation". After consulting with the representative organizations of fishing-vessel owners and persons working on board fishing vessels, the competent authority may extend application of the Convention to the commercial maritime fishing sector.
• Article 2 of the Convention requires that each ratifying member State issue SIDs conforming to the provisions of the Convention to seafarers who are its nationals and who make an application.
• Article 3 specifies the content and form of the SID, which shall include information such as: name, sex, date and place of birth, nationality, any special physical characteristics that may assist identification, digital or original photograph, signature, and expiry date. The SID shall also contain a biometric template, based on a fingerprint printed as numbers in a bar code, and a machine-readable zone conforming to International Civil Aviation Organization (ICAO) specifications. The model for the SID is set out in Annex I of the Convention.
• Article 4 of the Convention requires that each ratifying member State establish and maintain a national electronic database to record the issuance, suspension and withdrawal of SIDs. The information contained in the record is set out in Annex 2 of the Convention. A ratifying member State shall designate a permanent focal point for responding to inquiries from other member States concerning the authenticity and validity of its SIDs. Member States must ensure that the personal data on the electronic database will not be used for any purposes other than verification of the SID.
• Article 5 sets out minimum requirements concerning processes and quality control procedures for the issuance of SIDs and for the operation of the database. Ratifying member States are required to carry out an independent evaluation of the entire system at least every five years and to provide reports on such evaluations to the ILO.

Part A of Annex III lists the mandatory results that must be achieved by each member in implementing a secure system for the issuing of SIDs and for the operation and maintenance of the database. For example, one of the minimum requirements for the issue and renewal of a SID is "verification that the applicant does not constitute a risk to security, with proper respect for the fundamental rights and freedoms set out in international instruments". Part B recommends procedures and practices for achieving those results.

The Governing Body of the ILO, acting on the basis of all relevant information provided by member States, shall approve a list of members that fully meet the minimum requirements concerning processes and procedures for the issue of SIDs, including quality-control procedures. The list must be available to members of the ILO at all times and be updated as appropriate information is received. Inclusion in the list would normally be considered as strong evidence of compliance. Procedures for implementation of these provisions were adopted by the ILO Governing Body in March 2005.

• Article 6 includes provisions for the facilitation of shore leave and transit and transfer of seafarers. Unless clear grounds exist for doubting the authenticity of the SID, or the competent authorities have reason to refuse permission to come ashore on grounds of public health, public safety, public order or national security, a ratifying member State shall permit entry into its territory of a seafarer holding a valid seafarer's identity document, when entry is requested for temporary shore leave while the ship is in port, and the formalities on arrival of the ship have been fulfilled. Verification and any related inquiries and formalities shall be carried out at no cost to the seafarer and in the shortest possible time, provided that reasonable advance notice of the seafarer's arrival has been received by the competent authorities.

A ratifying member State shall permit the entry into its territory of seafarers holding a valid SID supplemented by a passport when entry is requested for the purpose of joining a ship, transferring to another ship in another country or for repatriation. The Convention does not prohibit a ratifying member State from requiring a visa where entry is being sought for these purposes.

• Article 7 provides for the safekeeping of a SID on board ship and for the prompt withdrawal of a SID when a seafarer no longer meets the conditions for its issue.
• Article 8 outlines a procedure to facilitate amendment of the Annexes to the Convention and provides for ratifying member States to indicate their agreement or not to be bound by such amendments.

The transitional provisions in Article 9 permit a member State that has ratified Convention 108 and is taking measures toward ratification of Convention 185 to give notification of its intention to apply the Convention provisionally. It could then issue new SIDs conforming to the requirements of Convention 185 that would be subject to recognition by member States that have already ratified the Convention. In order to invoke the transitional provision, the member State concerned must fulfill the requirements of Articles 2 to 5 of the Convention concerning the procedures for issuance of SIDs, and agree to recognize SIDs issued by other member States under the Convention.

Background

The Human Resources Development Recommendation, 2004, revises and replaces the Human Resources Development Recommendation, 1975 (Recommendation 150).

In 2000, at its 88th Session, the International Labour Conference undertook a general discussion entitled "Training for employment: social inclusion, productivity and youth employment". The general discussion acknowledged that the world of work had changed significantly since 1975, particularly in the context of evolving workplaces and technological advances, and that a review of Recommendation 150 was required in order to reflect the reality of the 21st century.

This non-binding instrument sets out guidelines for national policy with respect to human resources development: education, training and lifelong learning.

The Recommendation

• Section I of the Recommendation establishes the scope, definition and objectives of the instrument. In particular, it recommends that member States identify human resources development, education, training and lifelong learning policies that facilitate employability as part of a range of policy measures to create decent jobs and sustainable social and economic development. This part of the Recommendation also highlights identification of policies that promote the training of teachers and trainers as well as investment in the infrastructure of information and communication technology.
• Section II deals with the development and implementation of education and training policies and systems. This includes promoting access to education, training and lifelong learning for people with special needs and equal opportunities for women and men.
• Section III provides guidance on education and pre-employment training including the use of information and communications technology and the provision of vocational and skills training.
• Section IV explains how member States could support and facilitate the development of workplace competencies needed by individuals and enterprises, including by promoting equal opportunity strategies.
• Section V states that Members should recognize the primary responsibility of government for the training of the unemployed and those with special needs to develop and enhance their employability. This section also highlights the roles of social partners in integration of unemployed persons in jobs, and of local authorities and communities in implementing programs for persons with special needs.
• Section VI states that measures should be adopted to promote the development, implementation and financing of a transparent mechanism for the assessment, certification and recognition of skills, including prior learning and previous experience, notably through a national qualifications framework.
• Section VII encourages Members to promote diversity of training to meet the different needs of individuals and enterprises and to ensure high-quality standards, as well as recognition and portability of competencies and qualifications within a national quality assurance framework.
• Section VIII provides guidance on how Members can promote and facilitate career guidance and training support services.
• Section IX highlights the importance of data collection and the development of a capability to analyze trends in labour markets and human resources development and training. This section also addresses evaluation of education, training and lifelong learning programs.
• Section X addresses international and technical cooperation in human resources development, education, training and lifelong learning.

Background

In March 2004, the Governing Body of the International Labour Organization placed an item on the employment relationship on the agenda of the 95th session of the International Labour Conference with a view to the possible adoption of a Recommendation on the subject. Since 1997, the adoption of a recommendation had been the subject of discussions, studies and reports.

The employment relationship is a legal concept that denotes the relationship between an employee and an employer for whom the employee works for remuneration with defined working conditions. This relationship is fundamental as it creates reciprocal rights and responsibilities between the employee and employer.

In the context of globalization and constant technological and organizational evolution, the ILO decided that it was necessary to study and adopt a Recommendation to ensure the protection of workers, in particular those in ambiguous, disguised or triangular working relationships. The ILO noted that the lack of protection related to these types of working relationships could have unfavourable consequences not only for workers but also for employers (e.g. employee turnover) and States (e.g. loss of employment insurance premiums).

The Recommendation

Recommendation 198 was adopted in response to the evolution of diverse forms of work organization. Its aim is to provide guidance for the effective protection of workers who perform work in the context of an employment relationship. The Recommendation suggests that member States formulate a national policy to bridge the gap between the reality of new forms of workplace relations and existing legislation and practice.

Background

The ILO estimates that some 6,000 workers die each day worldwide as a result of work-related accidents or illness.

The two-year discussion to develop this Convention and Recommendation was a result of a global strategy adopted at the International Labour Conference in June 2003. One of the actions proposed in the strategy was the development of a new instrument establishing a promotional framework in the area of OSH. The main purpose of this new instrument was to ensure that priority is given to OSH in national agendas, to foster political commitments to develop national strategies for the improvement of OSH based on a preventative safety and health culture, and to promote the right of workers to a safe and healthy working environment.

With the strong support from governments, workers and employers for the adoption of a new promotional instrument aimed at putting OSH on the global agenda, as well as a general consensus on the necessity of the new instruments being promotional, non-prescriptive and conducive to wide ratification, the two new instruments were adopted at the 2006 ILC with almost unanimous support.

The Convention

The Convention is organized in six parts.

• Part I of the Convention (Article 1) defines the terms national policy, national system for OSH, national program on OSH and a national preventative safety and health culture.
• Part II of the Convention (Article 2) establishes the objective of the Convention, which is to promote continuous improvement of occupational safety and health for the prevention of occupational injuries, diseases and deaths by developing a national policy, national system and national program. It also provides for member States to consult periodically with the most representative organizations of workers and employers to consider what measures could be taken to ratify relevant ILO Conventions in the area of OSH.
• Part III of the Convention (Article 3) provides that each member State which ratifies the Convention shall promote a safe and healthy working environment by formulating a national policy.
• Part IV of the Convention (Article 4) sets out elements of a national system for OSH, including laws and regulations, authorities/bodies responsible for OSH, compliance mechanisms, and workplace prevention measures. Other elements can also be included, where appropriate, in a national system for OSH such as occupational health services, data collection and analysis, and provisions of OSH training.
• Part V of the Convention (Article 5) states that each member shall formulate, implement and evaluate a national program on OSH and lists objectives and requirements for the national program.
• Part VI of the Convention (Articles 6-14) contains provisions that deal with matters of ratification, entry into force, revision and denunciation of the Convention.

The Recommendation

The Recommendation, which is divided into six sections, is a non-binding instrument that provides guidance on the implementation of the Convention.

• Section I of the Recommendation suggests that the national policy of member States take into account Part II of the ILO OSH Convention, 1981 (Convention 155).
• Section II on National System establishes the linkage between the Convention and other ILO relevant OSH Conventions and describes appropriate measures for the promotion of a national preventative safety and health culture.
• Section III on National Program indicates that national programs should be based on principles of assessment and management of hazards and risks, particularly at the workplace level. National programs on OSH should be coordinated with other national programs such as those relating to public health and economic development.
• Section IV outlines elements that should be included in a National Profile that summarizes the existing situation on OSH and the progress made towards achieving a safe and healthy working environment.
• Section V relates to the role of the ILO in facilitating international cooperation and exchange of information for the purpose of assisting member States in achieving a safe and healthy working environment.
• Section VI pertains to updating of the Annex to the Recommendation that lists all relevant ILO instruments relevant to the Convention.

Background

In March 2002, the Governing Body of the ILO decided that the International Labour Conference should consider a comprehensive international standard (Convention and Recommendation) on work in the fishing sector. The new standard was intended to replace five existing ILO Conventions and two Recommendations adopted between 1920 and 1966.

There were a number of reasons for revising these standards. The standard was to reflect the changes in the fishing sector during the previous 40 years. The ratification rate of the existing fishing instruments was low and the new standard was intended to achieve more widespread ratification. The standard would cover more than 90% of the fishing sector, including fishers working on smaller vessels, as opposed to approximately 10% of the fishing sector covered by the existing instruments. The fishing industry was recognized as one of the most dangerous professions and the standard would address other critical issues, notably workplace health and safety. It would also take into account differences in the scale of fishing operations, employment arrangements and methods of remuneration.

The work to develop a new standard for the fishing sector was to complement the work underway at the ILO to consolidate all its standards for seafarers into a comprehensive new standard and to strengthen ILO standards in general designed to achieve decent work. This standard for seafarers became the Maritime Labour Convention, 2006, which Canada ratified in June 2010.

The Convention

The Convention is organized in nine parts. The articles at the beginning of each Part apply to all fishing vessels. Several Parts also contain additional provisions applicable to fishing vessels of more than 24 metres in length.

• Part I of the Convention (Articles 1-5) establishes the scope and objectives of the instrument and defines the terms used in the Convention. Article 4 provides for the progressive implementation of certain provisions of the Convention where ratifying States have insufficiently development infrastructure or labour institutions and cannot fulfill all of the requirements of the instrument on ratification.
• Part II (Articles 6-8) outlines the general principles with respect to implementation of the Convention, the designation of competent authorities and the responsibilities of fishing vessel owners, skippers and fishers.
• Part III (Articles 9-12) describes the minimum requirements for work on board fishing vessels, with respect to minimum age for employment (16 years, or 15 years for persons no longer subject to compulsory schooling as provided by national legislation). Night work or work considered hazardous is restricted to those 18 years of age or older. This Part also describes provisions related to medical examinations and medical certificates indicating fitness of fishers to perform their duties.
• Part IV (Articles 13-24) relates to conditions of service. This includes provisions related to levels and hours of rest, a requirement to carry a crew list aboard fishing vessels and to provide a copy to authorized persons prior to departure, work agreements, conditions for repatriation of fishers from foreign ports, recruitment and placement, private employment agencies, and payment of fishers on a regular basis.
• Part V (Articles 25-28) describes requirements with respect to accommodation, food and potable water on board fishing vessels. Annex III details the specific standards to be followed.
• Part VI (Articles 29-39) addresses medical care (including medical equipment and supplies to be carried on board), health protection (including occupational safety and health measures), social security and protection in the event of work-related sickness, injury or death.
• Part VII (Articles 40-44) establishes conditions for compliance and enforcement, including inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures as appropriate and in accordance with national laws or regulations. This Part also contains a port state control clause whereby member States, on receipt of a complaint, may also take measures to rectify conditions on board foreign flagged vessels in their ports that are clearly hazardous to health and safety.
• Part VIII (Article 45) provides for the procedure to be followed regarding possible amendment of Annexes I, II and III.
• Part IX (Articles 46-54) contains the Convention's final provisions listing the Conventions that have been revised and matters of ratification, entry into force, revision and denunciation of the Convention. The Convention will enter into force 12 months after the date on which it has been ratified by 10 ILO member States, 8 of which are coastal States.
• Annex I describes equivalence in measurement, using length overall (LOA), rather than length (L), as the basis of measurement. Annex II describes the contents of a fishers' work agreement, and Annex III outlines in detail provisions for fishing vessel accommodation and food and potable water for new decked vessels.

The Recommendation

The Recommendation, which is divided into five parts, serves to provide guidance on the implementation of the Convention. It also makes reference to other Codes and Guidelines, including those prepared jointly by the Food and Agriculture Organization (FAO), ILO, International Maritime Organization (IMO) and/or World Health Organization (WHO) that are relevant to work in the fishing sector.

• Part I of the Recommendation provides that member States take specific measures for the protection of young persons, for example by establishing requirements for pre-sea training of persons between the ages of 16 and 18 working on board fishing vessels. It also provides additional guidelines on medical examinations including arrangements for a further examination where a person is found medically unfit for work on board fishing vessels, and addresses competency and vocational training.
• Part II outlines conditions of service, including provisions around records of service, special measures that the competent authority should take regarding conditions of work for fishers outside the scope of the Convention, and the payment of fishers.
• Part III provides guidance related to the accommodation and food standards outlined in the Convention related to the design and construction of fishing vessels, noise and vibration, heating, lighting, sleeping rooms, sanitary accommodations, recreational facilities and food.
• Part IV pertains to medical care on board, including having a qualified medical doctor on vessels with more than 100 fishers, occupational safety and health, occupational safety and health management systems, risk evaluation, establishment of a list of occupational diseases, social security protection, and technical specifications in 20 areas that member States should address as appropriate, such as machinery safety, protective personal equipment, ergonomics and vessel design.
• Part V addresses other provisions, including inspection in light of a complaint or evidence of non-conformity with the requirements of the Convention, cooperation among member States on inspection of living and working conditions on board fishing vessels, and that Members may require compliance with the Convention when granting licences to vessels to fish in their exclusive economic zones.

Letters of Justice Canada regarding the appropriate legislative jurisdiction in Canada for the instruments adopted in June 2003, June 2004, June 2006 and June 2007

Record of the votes regarding the instruments adopted by the International Labour Conference in 2003, 2004, 2006 and 2007