Workers' and employers' representatives met in Manila recently to offer recommendations and express concerns regarding the Philippines' potential ratification of ILO's Work in Fishing Convention, 2007 (No. 188).
An event on 10 July 2024, saw the Institute of Labor Studies (ILS) present a gap analysis which revealed that while gaps remain to be addressed, existing legislation largely reflects the Convention's requirements, facilitating the potential process of ratification.
The analysis recommends pursuing ratification while progressively implementing some provisions and ensuring substantial equivalence in national legislation.
It also noted that existing laws, such as Department Order (DO) 156-16 by the Department of Labor and Employment (DOLE), already align with several Convention provisions. The ILS stressed that compliance with national laws governing fishers' employment and working conditions is imperative, regardless of the Convention No. 188 ratification.
Speaking at the event, Khalid Hassan, Director of the ILO Country Office for the Philippines, said, "Convention No. 188 offers a balanced approach, firm in its principles yet adaptable in implementation for wider adoption. In the Philippines, challenges remain, particularly in addressing historical industry practices that mischaracterize the relationship between fishing vessel owners and fishers, potentially creating loopholes in enforcing international labour standards and protection."
The fishing industry is notorious for its labour-intensive, hazardous, and complex working conditions. To address these global challenges, ILO's Convention No. 188 establishes binding requirements for work on fishing vessels. It emphasizes decent, productive work under conditions of freedom, equity, security, and human dignity.
Key provisions of the Convention focus on improving working conditions, including minimum requirements for work on board, conditions of service, accommodation, food, occupational safety and health (OSH), medical care and social protection. While the Philippines has already ratified the Maritime Labour Convention, 2006, the ratification of Convention No. 188 aims to bridge gaps in labour standards, particularly for fishers and fishing vessels engaged in commercial fishing.
Workers' and employers' representatives were given an opportunity to raise A session during the workshop was dedicated to learning from Thailand's experience with Convention No. 188 ratification. This provided valuable insights for creating a level playing field in the ASEAN region, ensuring that everyone involved understands the Convention and its implications for working and living conditions of fishers. For the Philippines, identifying industry practices and benefits is crucial for the effective implementation of Convention No. 188 if ratified.
The workshop concluded with stakeholders recognizing the remaining gaps in law and practice as opportunities to align with Convention No. 188, thereby enhancing the fishing industry's sustainability and competitiveness. The importance of improving fishers' working conditions was underscored, noting the benefits for their families and communities.
The workshop received support from the Bureau of Working Conditions (BWC), the Institute for Labor Studies (ILS), the ILO Ship to Shore Rights South East Asia programme (S2SR SEA), Trade for Decent Work, and Rural Sectors Project, with funding from the European Union (EU) and United States Department of Labor (USDOL).