Work in Fishing Convention, 2007 (No. 188) - South Africa (Ratification: 2013)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

General questions on application. Implementing measures. Referring to its previous comment, the Committee notes the Government’s indication, in its second report on the application of the Convention, that the draft Merchant Shipping Bill 2020, aiming at replacing the existing Merchant Shipping Act, 1951, as amended until 2015 (hereafter “MSA”) has not been adopted. The Government adds that a subsequent draft Merchant Shipping Bill B12-2023, was withdrawn in October 2025 to enable consultation with the National Economic Development & Labour Council (NEDLAC) and that several regulations have been submitted to the Department of Transport and are still awaiting promulgation. The Committee accordingly requests the Government to adopt the necessary measures without delay to give full effect to the Convention taking into account its comments below, and to provide information on the consultations carried out, in particular, with the representative organizations of fishing vessel owners and fishers, as required by the Convention.

Articles 2 and 3 of the Convention. Scope of application. Exclusions. In the absence of concrete reply to its previous comment on how the Government ensures that all measures adopted to implement the Convention apply to all fishers, including masters (skippers) and cadets, the Committee reiterates its previous request. Recalling that, according to section 3(10) of the MSA, unless otherwise indicated, only certain provisions would apply to employers, masters and persons employed on board vessels, and that such provisions do not include sections 90 to 189 of the MSA on engagement, discharge, repatriation, payment, discipline and general treatment of seafarers, the Committee also reiterates its previous request that the Government clarifies how it ensures that the MSA applies to all fishers and fishing vessels engaged in commercial fishing operations covered by the Convention. The Committee further reiterates its previous request that the Government provides information on any exemption, modification or restriction decided under the MSA that could affect the full implementation of the Convention.

Article 5 and Annex III. Basis for measurement. In reply to the Committee’s previous comment, the Government indicates that in practice Length (L) is used for the application of the Convention, and that the historical use of gross tonnage requires amendments to the MSA, as well as to numerous Regulations relating to accommodation. While noting this information, the Committee requests the Government to adopt the necessary measures to ensure full conformity of its legislation with Article 5 and Annex III of the Convention.

Article 9(3)–(6). Minimum age. Hazardous work. Night work. The Committee notes the Government’s reply to its previous comment that Section 110 of the MSA prohibits the employment of any person under the age of 16 years in any capacity on board the ship, and that the Basic Conditions of Employment Act, 1997, through the Regulations on Hazardous Work by Children in South Africa, 2010, regulates and determines what is hazardous work for children. The Committee requests the Government to specify whether persons aged between 16 and 18 years can be authorized to perform hazardous work on board fishing vessels. If so, it requests the Government to provide information on: (i) the national laws or regulations or decisions of the competent authority which provide for it and the consultations held in this regard; and (ii) the manner in which their health, safety and morals are fully protected and it is ensured that they have received adequate specific instruction or vocational training and have completed basic pre-sea safety training. The Committee also requests the Government to indicate how effect is given to the detailed requirements established by Article 9(6)(b) (exceptions to the night work restriction).

Articles 10–12. Medical examination. The Committee notes the Government’s indication in reply to its previous comment, that, pursuant to Article 4(1) (a) and (b), the medical examination of fishers on vessels under 25 gross ton will be regulated by the Merchant Shipping (Small Vessels Medical) Regulations, which have been submitted to the Department of Transport for promulgation. The Committee requests the Government to provide details about the plan for the progressive implementation of Article 10 and the consultations which have taken place in this connection. The Committee also notes that the Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021, provided by the Government, repealed the Merchant Shipping (Eyesight and Medical Examinations) Regulations, 2004, to which it had referred to in its previous report. According to Section 85 of the 2021 Regulations, every person who is required to be medically fit by the Merchant Shipping Act shall hold a medical certificate issued by a medical practitioner approved in accordance with these Regulations. The Committee requests the Government to confirm that all fishers, as defined by the Convention, are not allowed to work on board a fishing vessel without a valid medical certificate attesting to fitness to perform their duties and to indicate whether any exemptions may be granted and on which grounds.Moreover, noting that the new provisions indicated by the Government do not reflect the detailed requirements of Articles 11 and 12 on medical examination (for example, the form and content of medical certificates (Article 11(b)) or the reference in the medical certificate to the conditions foreseen in Article 12(1)), the Committee requests the Government to indicate the measures taken or envisaged to ensure full conformity with these Articles of the Convention. Additionally, the Committee requests the Government to provide a copy of all legislation, regulations, or any other measures adopted or envisaged to give effect to Articles 10 to 12, including theQuality Standards System and Medical Fitness and Eyesight Standards referred to in the Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021.

Articles 13(b) and 14(1)(b). Hours of rest. Vessels remaining at sea for more than three days. The Committee notes the Government’s indication in reply to its previous comment that, while the Merchant Shipping (Training, Certification And Safe Manning) Regulations, 2021, omit to be specific about hours of rest for the fishers on board other than those with specific watchkeeping duties, Regulation 95(14) provides that every master [read Skipper] and seafarer shall ensure that they are properly rested. The Government also provides a copy of a collective agreement for the fishing sector stating that the employer may not require or permit an employee to work in excess of a maximum of 14 hours per day and that the employer shall provide an employee with hours of rest per day as prescribed in the applicable Occupational Health and Safety legislation and the South African Maritime Safety Authority (SAMSA) regulations. The Committee further notes that the Government did not provide a copy of any legislation, guidelines or SAMSA regulations detailing how all fishers are given regular periods of rest of sufficient length to ensure safety and health (Article 13(b)) and that for fishing vessels regardless of size remaining at sea for more than three days, after consultation and for the purpose of limiting fatigue, minimum hours of rest shall not be less than (i) ten hours in any 24-hour period and (ii) 77 hours in any seven-day period (Article 14(1)(b)). The Committee therefore requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.

Article 15. Crew list. The Committee notes that Regulation 12(1)(c) of the Merchant Shipping (National Small Vessels Safety) Regulations, 2007, provides that before a vessel goes to sea, the owner and skipper must ensure there is left behind particulars in respect of the names of the occupants. It also notes that, according to the MSA, the master of every ship that is registered or licensed in South Africa shall enter into an agreement with every seaman whom the master engages to serve in that ship; agreements with crew shall contain, inter alia, the number and description of the crew (section 102(1)(c)); the Master or the owner must, before the ship leaves the port where the agreement was entered into, report changes in the crew to the proper officer at that port. The Committee notes, however, that the MSA does not provide that a copy of the crew list shall be provided to authorized persons ashore prior to or immediately after departure of the vessel. It further notes that section 188 of the MSA requires that the master of a foreign going South African ship who has entered into an agreement with the crew of the ship, and the master or the owner of a coasting ship or a fishing, sealing or shore-based whaling boat registered in the Republic who has entered into an agreement with the crew of the ship, shall deliver the list of the crew to the proper officer upon discharge of the crew or after the ship’s arrival at her final port of destination for the voyage. TheCommittee accordingly requests the Government to clarify how it gives effect to Article 15 in respect of every fishing vessel.

Article 16(b) and Annex II. Fisher’s work agreement. Minimum particulars. In reply to the Committee’s previous comment, the Government indicates that an employee is required to sign a contract of employment and to sign the articles of agreement. The Government also indicates that sections 29 (written particulars of employment) and 37 (notice of termination of employment) of the Basic Conditions of Employment Act, 1997, apply to all contracts of employment by a South African employer, and section 102 of the MSA (Agreements with crew) is supplementary to the requirements set therein. The Committee notes that such provisions do not include the requirement that the fisher’s work agreement includes the following particulars: the fisher’s date of birth or age and birthplace; the place at which and date on which the agreement was concluded; the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisher undertakes to work; if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the fisher shall be discharged; if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for the employer, or fishing vessel owner or other party to the agreement with the fisher; and the minimum periods of rest. The Committee requests the Government to adopt the necessary measures to ensure that fishers’ work agreements shall include the above particulars, as required by Article 16(b) and Annex II.

Article 18. Fisher’s work agreement. Copy provided to the fisher and availability on board. In reply to the Committee’s previous request, the Government refers to sections 102 and 109 of the MSA according to which agreements with the crew are signed by the master and the seafarer, framed and displayed in some conspicuous place on board the ship which is accessible to the crew, and shall cause it to be kept so framed and displayed during its currency. The Government also refers to section 29 of the Basic Conditions of Employment Act, 1997, which provides that employers must supply employees when they commence employment, as well as whenever changes occur to the contract, of a copy of the document with the written particulars of employment. The Government further reiterates that the Competent Authority has informed the fishing industry by Marine Notice that fishers must have their copy of the agreement and those copies of all agreements be on board for inspection. The Committee notes, however, that the Government once again does not provide a copy of such Marine Notice. Noting that the Government indicated that a fisher is required to sign a contract of employment and to sign the articles of agreement, the Committee requests the Government to specify how it ensures that a copy of the fisher’s work agreement, and not only of the agreement with the crew, shall be carried on board and be available to the fisher and to other concerned parties on request.

Article 20. Fisher’s work agreement. Signature of the owner.Noting the absence of reply to its previous comment on this issue, the Committee once again requests the Government to indicate how it ensures that any signatory of the agreement other than the fishing vessel owner produces evidence that they are authorized to represent the owner or, where fishers are not employed or engaged by the fishing vessel owner, that the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 21(1) and (2). Repatriation.Circumstances. In reply to the Committee’s previous comment, the Government indicates that in practice, the administration does not allow any crew member of a South African fishing vessel to be excluded from repatriation, but that there is a need for legislation to reflect the practice. The Committee once again requests the Government to adopt the necessary measures to ensure that all fishers on a fishing vessel that flies the South Africa’s flag, regardless of their nationality, are entitled to repatriation in the circumstances provided under Article 21(1) and (2).

Article 21(3). Repatriation.Destinations. Maximum duration of service periods on board. In reply to its previous comment concerning the maximum duration of service periods on board following which a fisher is entitled to repatriation, the Committee notes the Government’s indication that the right to repatriation applies from the day they leave home and from anywhere where the agreement ends or is terminated. Recalling that Members shall prescribe, by means of laws, regulations or other measures, the maximum duration of service periods on board following which a fisher is entitled to repatriation, and the destinations to which fishers may be repatriated (Article 21(3)), the Committee requests the Government to adopt the necessary measures to give full effect to this provision of the Convention.

Article 22. Recruitment and placement. In reply to the Committee’s previous comment, the Government indicates that there are no known recruitment and placement agencies operating in the South African fishing sector and that no mechanism exists in South Africa to implement this provision, notably since the amendments referred to in the Government’s previous report to include fishers in the Merchant Shipping (Seafarer Recruitment and Placement) Regulations 2017, have not been promulgated. The Committee requests the Government to indicate how fishers are recruited for working on fishing vessels flying the South African flag and on fishing vessels flying the flags of other countries.

Article 23. Payment of fishers. Monthly payment or other regular payment. The Committee notes that sections 120, 121 and 123 of the MSA, which regulate the payment of wages, do not give effect to the requirements of Article 23 of the Convention. The Committee requests the Government to adopt the necessary measures, after consultation, to ensure that fishers who are paid a wage are provided a monthly or other regular payment.

Articles 25, 26 and 28; Annex III. Accommodation. Noting the Government’s indication that the amendments to the Regulations implementing these provisions of the Convention are still awaiting promulgation, the Committee reiterates its previous request.

Articles 25 and 27. Food and potable water. The Committee notes the Government’s indication in reply to its previous comment that the Merchant Shipping, (Provisions) Regulations, 1961, where amendments were drafted, are still awaiting promulgation. The Committee also notes that sections 123 and 124 of the draft Merchant Shipping Bill 12-2023 would give effect to Article 27 of the Convention, but the said draft has been withdrawn. Accordingly, the Committee requests the Government to adopt without delay the necessary measures to give effect to these provisions of the Convention.

Articles 29-30. Medical care. Noting that the provisions indicated by the Government do not give full effect to these provisions of the Convention, the Committee requests the Government to indicate how it ensures conformity with each of the requirements regarding medical care foreseen in Article 29(c) and (e), and in Article 30(c), (d), (e) and (f).

Article 31(c). Occupational safety and health and accident prevention. Responsibilities. Fishers under 18 years. Noting that the Government has not indicated provisions addressing the specific obligations of fishing vessel owners, fishers and others concerned taking due account of the safety and health of fishers under the age of 18, the Committee requests the Government to indicate the measures adopted to give full effect to Article 31(c) for all fishing vessels.

Articles 34-37. Social Security. In reply to the Committee’s previous comment, the Government refers to section 27 of the Constitution of the Republic of South Africa, which guarantees that everyone has the right to have access to social security, including if they are unable to support themselves and their dependants, appropriate social assistance; the State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of each of these rights and that no one may be refused emergency medical treatment. While the Government also refers to the Unemployment Insurance Act No. 63 of 2001, the Pension Funds Act, 1956 and the Insurance Act 2017, the Committee notes that the Government does not explain, indicating the applicable relevant provisions, whether and how the relevant legislation on social security covers all fishers, including fishers working on foreign flagged vessels ordinarily resident in the country, in conformity with the Convention. The Committee therefore requests the Government to indicate (i) the contingencies for which coverage is currently available for fishers and their dependants, listing in each case the relevant applicable provisions; and (ii) the percentage of fishers covered, specifying the number of fishers currently registered with the existing social security schemes.It also requests the Government to specify how self-employed fishers benefit from social security coverage. The Committee further requests the Government to indicate: (i) what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in the country, taking into account the principle of equality of treatment irrespective of nationality; (ii) how it ensures the maintenance of social security rights which have been acquired or are in the course of acquisition by fishers working on board South African-flagged fishing vessels, regardless of residence and (iii) any rules concerning social security of fishers that may have been determined through bilateral and multilateral agreements or through provisions adopted in the framework of regional economic integration organizations.

Articles 40-42. Compliance and enforcement. Flag State responsibilities. The Committee notes that the Government provides no new information on the implementation of these provisions of the Convention, nor a copy of the legislation, regulations or other measures adopted in this regard. While noting that the Government reiterates that all commercial fishing vessels are surveyed at least once a year, and that after any non-conformities have been attended to, the competent authority issues a Local General Safety Certificate valid for one year, the Committee also notes that Marine Notice 18-21 on vessel certificates in electronic format, contains an example of a Local general Safety Certificate for a ship of 25 gross register tons or over, which does not state that the vessel has been inspected in accordance with the provisions of the Convention concerning living and working conditions, as required by Article 41. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Articles 40 and 41, and to communicate a copy of the fishing certificate issued in conformity with the Convention, together with the inspection reports on the basis of which the certificate has been issued. The Committee further reiterates its previous request to the Government to indicate if it has authorized any recognized organizations to carry out inspections and issue documents pursuant to article 42 of the Convention.

Article 43. Compliance and enforcement. Complaints. The Committee notes that the Government has not provided any new information in reply to its previous comment concerning the scope of application of section 162 of the MSA, which only applies to complaints in respect of provisions, water, accommodation or living conditions on board. The Committee once again requests the Government to provide information on how it gives effect to the detailed requirements of article 43, including information on any port State control measures taken in pursuance of this Article and on the functioning of these measures (e.g. number and nature of cases considered and nature of any action taken).

Article 44. Compliance and enforcement. Prohibition of more favourable treatment. The Committee notes that SAMSA and the Department of Employment and Labour’s Inspectorate and Enforcement Services Branch, two Authorities concerned with the implementation of the Convention, have concluded a Memorandum on working together to ensure that workers’ rights are protected and promoted, with the assistance of the International Labour Office, which resulted in joint inspections being carried out on fishing vessels operating out of Cape Town. The Committee requests the Government to provide detailed information on the enforcement measures adopted by the port State in the event of non-compliance with the provisions of the Convention, indicating the number and type of cases examined and the nature of any measure adopted. The Committee also requests the Government to provide information on inspections of fishing vessels flying the flag of any State that has not ratified the Convention (Article 44).

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

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.

General Issues. Implementation measures. The Committee notes the Government’s indication that the South African Merchant Shipping Act (MSA) was amended in October 2015 to give effect to the Convention. The Committee further notes that a draft Merchant Shipping Bill 2020 has been published for comments before its adoption in order to replace the existing MSA. It notes the Government’s indication that draft regulations are submitted to the Department of Transport for promulgation. The Committee requests the Government to provide a copy of any measures adopted to give full effect to the Convention. The Committee notes that section 356bis of the MSA provides that, subject to the provisions of this Act, the Convention, has the force of law in the Republic. It also notes that the text of the Convention, including Annexes I to III, is reproduced in the eighth schedule of the Act. The Committee requests the Government to explain how it ensures the full application of the detailed requirements of the Convention in case of inconsistencies between the provisions the Convention, which have force of law, and the national laws and regulations in force. The Committee notes that the Government’s report does not provide information on the consultations carried out by the competent authority with the representative organizations of employers and workers concerned, and in particular the representative organizations of fishing vessels owners and fishers, where they exist. The Committee requests the Government to provide detailed information on the consultations carried out with the representative organizations concerned, as required by the Convention.

Articles 2 and 3. Scope of application. Exclusions. The Committee notes the Government’s indication that section 2, paragraph 1, of the MSA, defines “seafarer” as “any person (except a master, pilot or cadet) employed or engaged in any capacity as a member of the crew of a ship”. It also notes that, while masters and cadets are not included in the definition of “seafarer” for the purposes of the MSA, a number of provisions of this Act apply to cadets or masters, or include a specific indication that the section concerned also applies to these categories of workers. For example, section 101 of the MSA, provides that requirements on medical examination of crews prior to engagement shall apply, with the changes required by the context, to the engagement of a master. The Committee recalls that Article 1(e) of the Convention provides that fisher means “every person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers”. The Committee requests the Government to provide detailed information on how it ensures that the measures adopted or envisaged in order to implement the Convention apply to all fishers within the meaning of the Convention, including masters and cadets. The Committee notes that section 3, paragraph 10, of the MSA provides that, unless otherwise indicated, only the provisions of sections 9 (5), 223, 259, 264, 313, 343ter, 355A, 356 and 356ter, read with section 2, shall apply to: a) every owner and master of any vessel, and every user, employer and employee; b) all crew on board a vessel who have entered into a contract of employment with the master or with the owner or operator of such vessel, or any person who in the case of a vessel of less than 100 gross register tons can be regarded as crew on board such vessel (…). The Committee notes that the Government’s report contains references to sections 90 to 189 of the MSA on engagement, discharge, repatriation, payment, discipline and general treatment of seafarers. The Committee further notes that section 3, paragraph 10, of the draft Merchant Shipping Bill 2020 reproduces the same provision of the MSA. The Committee requests the Government to clarify the scope of application of the MSA and to explain how it ensures that it applies to all fishers and all fishing vessels engaged in commercial fishing operations covered by the Convention. The Committee notes that several sections of the MSA, including section 3, provide that the competent authority may decide exemptions, modifications and restrictions concerning the application of this Act. The Committee requests the Government to provide detailed information on any exemptions, modifications and restrictions decided that could affect the full implementation of the Convention.

Article 4 of the Convention. Progressive implementation. The Committee notes the Government’s indication that progressive implementation was required for medical examinations of fishers working on under 25 gross tonnage vessels as no legislative requirement existed. It further notes the Government’s information that draft Merchant Shipping (Small Vessels Medical) Regulations have been submitted to the Department of Transport for promulgation. The Committee recalls that, where it is not immediately possible for a Member to implement all of the measures provided for in the Convention owing to special problems of a substantial nature in the light of insufficiently developed infrastructure or institutions, the Member may, in accordance with a plan drawn up in consultation, progressively implement all or some of the following provisions (Article 4). Noting that the Government has not provided a copy of the draft Merchant Shipping (Small Vessels Medical) Regulations, the Committee requests it to provide information on: 1) any measures adopted to give effect to Articles 10 and 11 of the Convention for fishers working on vessels under 25 gross tons; and 2) details about the plan for the progressive implementation and the consultations which have taken place in this connection.

Article 5 and Annex III. Basis of measurement used. The Committee notes the Government’s indication that length, as provided for in current legislation, has been used for the purpose of the application of the Convention. Length has also been used in draft legislation to give effect to the Cape Town Agreement, 2012. The practice is that both length and gross tonnage appear on the vessels safety documents. However, the Committee notes that the MSA and several regulations mentioned in the Government’s report use gross tonnage as basis of measurement. The Committee recalls that member States shall, for the purpose of the Convention, use length (L) as the basis for measurement. The competent authority, after consultation, may decide to use length overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. Gross tonnage may not be used as a basis for measurement except for the implementation of Annex III and under the conditions specified (Article 5). The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 5 of the Convention.

Article 9, paragraphs 3 to 5, of the Convention. Minimum age. Hazardous work. The Committee notes that the Government has not provided information on the implementation of Article 9, paragraphs 3 to 5 of the Convention. The Committee notes that Regulations on hazardous work by children in South Africa, adopted on 15 January 2010, include the prohibition for persons under 18 years of: (i) work involving exposure to a hazardous substance; (ii) work in a confined space; (iii) work at a height of more than 5 metres above the floor; or (iv) work involving the lifting of heavy weights. However, these Regulations do not contain provisions that deal expressly with work on board fishing vessels. The Committee recalls that the minimum age for assignment to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years, and that, only as from the age of 16, these activities may be authorized by national laws or regulations, or by decision of the competent authority, after consultation, on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training (Article 9, paragraphs 3 to 5). The Committee requests the Government to explain how it ensures that no person under the age of 16 years is assigned to activities on board fishing vessels, which are likely to jeopardize their health, safety or morals. The Committee requests the Government to provide the list of the types of such activities on board fishing vessels, determined by national laws or regulations, or by the competent authority, after consultation (Article 9, paragraph 3).

Articles 13 and 14. Manning and hours of rest. The Committee notes that, concerning the regular periods of rest of sufficient length to ensure safety and health, the Government refers to section 93(l) of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, which provides that the master and owner shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of that ship. In preventing fatigue, owners shall take into account the guidelines provided by the Authority. The Committee requests the Government to provide a copy of these guidelines and to provide detailed information on how it ensures that full effect is given to Article 13 (a). The Committee also notes that paragraph 2 of section 93 of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, provides that all persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than: (a) a minimum of 10 hours of rest in any 24-hour period; and (b) 77 hours in any 7-day period. The Committee recalls that Article 14, paragraph 1 (b) provides that for fishing vessels regardless of size remaining at sea for more than three days, after consultation and for the purpose of limiting fatigue, the competent authority shall establish the minimum hours of rest to be provided to all fishers, that shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period. The Committee further notes that draft Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2020, have been published for comments. The Committee notes that section 93, paragraph 2, of these draft regulations does not extend to all fishers the scope of application of measures relating to the minimum rest period. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to Article 14, paragraph 1 (b) with respect to all fishers working on board fishing vessels at sea for more than three days.

Article 16. Fisher’s work agreement. Content. The Committee notes that section 102, paragraph 3, of the MSA provides for the particulars to be contained in the agreement with the crew. However, it notes that the same section does not include all the particulars specified in Annex II. The Committee notes that the Government has provided a model contract of employment for seafarers and fishers working on registered and licensed commercial vessels of less than 100 gross tons, in terms of section 102 (1) of the MSA. The Committee requests the Government to indicate how it is ensured that, in accordance with Annex II, the particulars to be contained in the fisher’s work agreement include: the fisher's family name, date of birth or age, and birthplace; the place at which and date on which the agreement was concluded; the name of the employer, or fishing vessel owner, or other party to the agreement with the fisher; the conditions of the termination of the agreement; and the minimum periods of rest, in accordance with national laws, regulations or other measures.

Article 18. Fisher’s work agreement. Copy provided to the fisher. The Committee notes that section 103(c) of the MSA provides that when the crew is first engaged, the agreement shall be signed in duplicate, and one agreement shall be delivered to the proper officer and the other shall be retained by the master. The Committee notes the Government’s indication that the competent authority has informed the fishing industry by Marine Notice that fishers must have their copy of the agreement. Recalling that Article 18 of the Convention provides that a copy of the fisher's work agreement shall be provided to the fisher, the Committee requests the Government to provide a copy the relevant Marine Notice and to adopt the necessary measures to give full effect to this provision of the Convention.

Article 20. Fisher’s work agreement. Signature of the owner. The Committee notes that section 102(1) and (2) of the MSA provides that the master of every South African ship shall enter into an agreement on behalf of the employer with every seafarer whom the master engages to serve in that ship; and that the agreement shall be signed by the master before any seafarer signs it. The “employer” is defined in this Act as any person, including the owner or master of a vessel, who employs any person or provides work for him/her on a vessel and who remunerates that person or expressly or tacitly undertakes to remunerate him/her, except as provided otherwise by regulation. The Committee recalls that Article 20 provides that it shall be the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher's work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner. Recalling that any signatory of the agreement other than the owner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the owner, the Committee requests the Government to indicate how it ensures that full effect is given to Article 20.

Article 21. Repatriation. The Committee notes that, while various provisions of the MSA relate to repatriation (e.g. sections 114 and 140 dealing with termination of service before the expiration of the engagement period ; section 116 concerning change of ownership; and sections 154 and 155 relating to distressed seafarers), these provisions do not cover all the circumstances provided under Article 21, paragraph 1. The Committee notes that section 114, paragraph 3 of the MSA provides for an exception to the entitlement to repatriation in the case of a seafarer who is not a South African citizen or a citizen of a treaty country (other than the Republic) and who was engaged at a port out of the Republic and discharged at a port outside the Republic. The Committee also notes that section 114, paragraph 2 of the MSA provides that the owner may invoke a “reasonable cause” to be discharged from the obligations related to repatriation. The Committee recalls that Article 21, paragraph 2 provides that the cost of the repatriation referred to in paragraph 1 of this Article shall be borne by the fishing vessel owner, except where the fisher has been found, in accordance with national laws, regulations or other measures, to be in serious default of his or her work agreement obligations. The Committee notes that section 111 of the draft Merchant Shipping Bill 2020 contains relevant provisions that are in line with some of the requirements of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that all fishers on a fishing vessel that flies the South Africa’s flag, regardless of their nationality, are entitled to repatriation in the circumstances provided under Article 21, paragraphs 1 and 2. In relation to section 114, paragraph 2, the Committee also requests the Government to provide information on provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied before a fisher can be found to be in “serious default of his or her work agreement obligations”. Noting that the Government has not indicated the maximum service period on board after which a fisher is entitled to repatriation and the destinations to which fishers may be repatriated, the Committee requests the Government to explain how it gives effect to Article 21, paragraph 3.

Article 22. Recruitment and placement. The Committee notes the Government’s indication that the Merchant Shipping (Seafarer Recruitment and Placement) Regulations 2017 have been adopted to give effect to the Maritime Labour Convention, 2006 (MLC, 2006), and apply to any seafarer recruitment or placement service that recruits or places seafarers on ships to which this Convention applies. The Committee notes the Government’s indication that these regulations will be amended to include fishers. The Committee requests the Government to adopt the necessary measures in order to give full effect to Article 22. It also requests the Government to provide information on the number of recruitment and placement services that are operating recruitment and placement of fishers in South Africa and on the number of fishers that are placed or recruited through these services.

Articles 25, 26 and 28; Annex III. Accommodation. The Committee notes the Government’s indication that the Construction Regulations, 1968, as amended, and the Crew Accommodation Regulations, 1961, as amended, are giving effect to the detailed requirements of Annex III. Regulations have been drafted and submitted to the Department of Transport for promulgation to give effect to the Cape Town Agreement, 2012 with respect to the requirements of the Torremolinos Protocol. The Committee notes that, in application of section 356bis of the MSA, and subject to the provision of this Act, the Convention has the force of law in the Republic. The Committee further notes that eighth schedule of the MSA includes the full text of the Convention, with its Annex III on fishing vessel accommodation. The Committee requests the Government to explain how it ensures the full application of the detailed requirements of the Convention on accommodation in case of inconsistencies between the provisions of Annex III of the Convention, which have force of law, and the Regulations mentioned above. The Committee also requests the Government to provide information on any measures adopted or envisaged in order to implement Articles 25, 26 and 28 of the Convention.

Articles 25 and 27. Food. The Committee notes that section 156, paragraph 1, of the MSA, provides that the master of a South African ship of more than 100 gross register tons shall furnish provisions to every seafarer who does not furnish his own provisions, in accordance with the prescribed scale. The Committee also notes the Government’s indication that draft amendments to the Merchant Shipping, (Provisions) Regulations, 1961 are awaiting promulgation since 2007. The Committee recalls that Article 27 provides that each Member shall adopt laws, regulations or other measures requiring that: (a) the food carried and served on board be of a sufficient nutritional value, quality and quantity; (b) potable water be of sufficient quality and quantity; and (c) the food and water be provided by the fishing vessel owner at no cost to the fisher. However, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisher's work agreement so provides. Noting that section 120 of the draft Merchant Shipping Bill 2020 contains relevant provisions that are in line with the requirements of the Convention, the Committee requests the Government to adopt the necessary measures to give full effect to Articles 26 and 27 of the Convention.

Articles 34 to 37. Social security. The Committee notes the Government’s indication that a legislation has been drafted and submitted to the Department of Transport for promulgation to give effect to the requirements of the Convention on social security. It further notes the Government’s indication that South Africa offers various social security benefits which are extended to all citizens including fishers. The Committee recalls that Article 34 of the Convention provides that each Member shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national law, are entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory. The Committee requests the Government to describe in detail the social security benefits granted to fishers, including fishers working on foreign-flagged vessels, ordinarily resident in the South African territory. The Committee also requests the Government to indicate the measures adopted to implement Articles 34 to 36 of the Convention.

Articles 40 to 44. Compliance and enforcement. The Committee notes the Government’s indication that South Africa has a Safety Survey regime where all commercial fishing vessels are surveyed at least once a year. After the survey inspection by a qualified surveyor, a Notice of Completion of Survey, with any non-conformities, is handed to the skipper or the owner. Once the non-conformities, including checks on the requirements of the Convention, have been attended to, the competent authority issues a Local General Safety Certificate (LGSC) valid for one year. This LGSC is the valid Certificate in South Africa. The Government also indicates that the competent authority initiated an ad hoc survey regime, where vessels are inspected at any time during the period of validity of the LGSC. Part of these inspections are checks on the requirements of the Convention and include interviewing crews on working and living conditions as well as reviewing worker’s agreements. In the first year, 116 ad hoc inspections took place and findings were recorded and communicated to the fishing industry by way of a Marine Notice. The Committee takes note of the relevant information provided by Marine Notice n°5 of 2020 on the ad hoc inspections of South African-flagged fishing vessels in 2019. The Committee also notes that Regulations 5.1.3 and 5.1.4 of the MLC, 2006, on certification and inspection of ships, are implemented by specific Maritime Labour Certificate and Declaration of Compliance Regulations, 2017, which are not applicable to fishing vessels. While noting this information, the Committee requests the Government to provide a copy of the legislation, regulations or any other measures adopted to give effect to Articles 40 and 41 of the Convention. The Committee also requests the Government to indicate if it has authorized any recognized organizations to carry out inspections and issue documents pursuant to Article 42 of the Convention. The Committee notes that section 162 of the MSA provides that if a seafarer of a South African ship considers a) that the provisions or water for the use of the seafarer are at any time of bad quality or deficient in quantity; (b) that the crew accommodation is unsanitary or is not in accordance with the regulations; or (c) that in any other respect the conditions under which the seafarer is living on board ship are not of a reasonably good standard, he or she may complain thereof to the proper officer, who shall investigate the complaint or cause it to be investigated. The Committee recalls that Article 43, paragraph 1 of the Convention provides that a Member which receives a complaint or obtains evidence that a fishing vessel that flies its flag does not conform to the requirements of the Convention - and not only to the food, accommodations and living conditions on board requirements - shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. The Committee also notes that section 154 of the draft Merchant Shipping Bill 2020 provides for a mechanism for bringing complaints, which only refers to breaches of MLC, 2006 requirements. The Committee requests the Government to provide information on any measures adopted to give full effect to Article 43 of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

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.

General Issues. Implementation measures. The Committee notes the Government’s indication that the South African Merchant Shipping Act (MSA) was amended in October 2015 to give effect to the Convention. The Committee further notes that a draft Merchant Shipping Bill 2020 has been published for comments before its adoption in order to replace the existing MSA. It notes the Government’s indication that draft regulations are submitted to the Department of Transport for promulgation. The Committee requests the Government to provide a copy of any measures adopted to give full effect to the Convention. The Committee notes that section 356bis of the MSA provides that, subject to the provisions of this Act, the Convention, has the force of law in the Republic. It also notes that the text of the Convention, including Annexes I to III, is reproduced in the eighth schedule of the Act. The Committee requests the Government to explain how it ensures the full application of the detailed requirements of the Convention in case of inconsistencies between the provisions the Convention, which have force of law, and the national laws and regulations in force. The Committee notes that the Government’s report does not provide information on the consultations carried out by the competent authority with the representative organizations of employers and workers concerned, and in particular the representative organizations of fishing vessels owners and fishers, where they exist. The Committee requests the Government to provide detailed information on the consultations carried out with the representative organizations concerned, as required by the Convention.

Articles 2 and 3. Scope of application. Exclusions. The Committee notes the Government’s indication that section 2, paragraph 1, of the MSA, defines “seafarer” as “any person (except a master, pilot or cadet) employed or engaged in any capacity as a member of the crew of a ship”. It also notes that, while masters and cadets are not included in the definition of “seafarer” for the purposes of the MSA, a number of provisions of this Act apply to cadets or masters, or include a specific indication that the section concerned also applies to these categories of workers. For example, section 101 of the MSA, provides that requirements on medical examination of crews prior to engagement shall apply, with the changes required by the context, to the engagement of a master. The Committee recalls that Article 1(e) of the Convention provides that fisher means “every person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers”. The Committee requests the Government to provide detailed information on how it ensures that the measures adopted or envisaged in order to implement the Convention apply to all fishers within the meaning of the Convention, including masters and cadets. The Committee notes that section 3, paragraph 10, of the MSA provides that, unless otherwise indicated, only the provisions of sections 9 (5), 223, 259, 264, 313, 343ter, 355A, 356 and 356ter, read with section 2, shall apply to: a) every owner and master of any vessel, and every user, employer and employee; b) all crew on board a vessel who have entered into a contract of employment with the master or with the owner or operator of such vessel, or any person who in the case of a vessel of less than 100 gross register tons can be regarded as crew on board such vessel (…). The Committee notes that the Government’s report contains references to sections 90 to 189 of the MSA on engagement, discharge, repatriation, payment, discipline and general treatment of seafarers. The Committee further notes that section 3, paragraph 10, of the draft Merchant Shipping Bill 2020 reproduces the same provision of the MSA. The Committee requests the Government to clarify the scope of application of the MSA and to explain how it ensures that it applies to all fishers and all fishing vessels engaged in commercial fishing operations covered by the Convention. The Committee notes that several sections of the MSA, including section 3, provide that the competent authority may decide exemptions, modifications and restrictions concerning the application of this Act. The Committee requests the Government to provide detailed information on any exemptions, modifications and restrictions decided that could affect the full implementation of the Convention.

Article 4 of the Convention. Progressive implementation. The Committee notes the Government’s indication that progressive implementation was required for medical examinations of fishers working on under 25 gross tonnage vessels as no legislative requirement existed. It further notes the Government’s information that draft Merchant Shipping (Small Vessels Medical) Regulations have been submitted to the Department of Transport for promulgation. The Committee recalls that, where it is not immediately possible for a Member to implement all of the measures provided for in the Convention owing to special problems of a substantial nature in the light of insufficiently developed infrastructure or institutions, the Member may, in accordance with a plan drawn up in consultation, progressively implement all or some of the following provisions (Article 4). Noting that the Government has not provided a copy of the draft Merchant Shipping (Small Vessels Medical) Regulations, the Committee requests it to provide information on: 1) any measures adopted to give effect to Articles 10 and 11 of the Convention for fishers working on vessels under 25 gross tons; and 2) details about the plan for the progressive implementation and the consultations which have taken place in this connection.

Article 5 and Annex III. Basis of measurement used. The Committee notes the Government’s indication that length, as provided for in current legislation, has been used for the purpose of the application of the Convention. Length has also been used in draft legislation to give effect to the Cape Town Agreement, 2012. The practice is that both length and gross tonnage appear on the vessels safety documents. However, the Committee notes that the MSA and several regulations mentioned in the Government’s report use gross tonnage as basis of measurement. The Committee recalls that member States shall, for the purpose of the Convention, use length (L) as the basis for measurement. The competent authority, after consultation, may decide to use length overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. Gross tonnage may not be used as a basis for measurement except for the implementation of Annex III and under the conditions specified (Article 5). The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 5 of the Convention.

Article 9, paragraphs 3 to 5, of the Convention. Minimum age. Hazardous work. The Committee notes that the Government has not provided information on the implementation of Article 9, paragraphs 3 to 5 of the Convention. The Committee notes that Regulations on hazardous work by children in South Africa, adopted on 15 January 2010, include the prohibition for persons under 18 years of: (i) work involving exposure to a hazardous substance; (ii) work in a confined space; (iii) work at a height of more than 5 metres above the floor; or (iv) work involving the lifting of heavy weights. However, these Regulations do not contain provisions that deal expressly with work on board fishing vessels. The Committee recalls that the minimum age for assignment to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years, and that, only as from the age of 16, these activities may be authorized by national laws or regulations, or by decision of the competent authority, after consultation, on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training (Article 9, paragraphs 3 to 5). The Committee requests the Government to explain how it ensures that no person under the age of 16 years is assigned to activities on board fishing vessels, which are likely to jeopardize their health, safety or morals. The Committee requests the Government to provide the list of the types of such activities on board fishing vessels, determined by national laws or regulations, or by the competent authority, after consultation (Article 9, paragraph 3).

Articles 13 and 14. Manning and hours of rest. The Committee notes that, concerning the regular periods of rest of sufficient length to ensure safety and health, the Government refers to section 93(l) of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, which provides that the master and owner shall take account of the danger posed by fatigue of seafarers, especially those whose duties involve the safe and secure operation of that ship. In preventing fatigue, owners shall take into account the guidelines provided by the Authority. The Committee requests the Government to provide a copy of these guidelines and to provide detailed information on how it ensures that full effect is given to Article 13 (a). The Committee also notes that paragraph 2 of section 93 of the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, provides that all persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties shall be provided with a rest period of not less than: (a) a minimum of 10 hours of rest in any 24-hour period; and (b) 77 hours in any 7-day period. The Committee recalls that Article 14, paragraph 1 (b) provides that for fishing vessels regardless of size remaining at sea for more than three days, after consultation and for the purpose of limiting fatigue, the competent authority shall establish the minimum hours of rest to be provided to all fishers, that shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period. The Committee further notes that draft Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2020, have been published for comments. The Committee notes that section 93, paragraph 2, of these draft regulations does not extend to all fishers the scope of application of measures relating to the minimum rest period. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to Article 14, paragraph 1 (b) with respect to all fishers working on board fishing vessels at sea for more than three days.

Article 16. Fisher’s work agreement. Content. The Committee notes that section 102, paragraph 3, of the MSA provides for the particulars to be contained in the agreement with the crew. However, it notes that the same section does not include all the particulars specified in Annex II. The Committee notes that the Government has provided a model contract of employment for seafarers and fishers working on registered and licensed commercial vessels of less than 100 gross tons, in terms of section 102 (1) of the MSA. The Committee requests the Government to indicate how it is ensured that, in accordance with Annex II, the particulars to be contained in the fisher’s work agreement include: the fisher's family name, date of birth or age, and birthplace; the place at which and date on which the agreement was concluded; the name of the employer, or fishing vessel owner, or other party to the agreement with the fisher; the conditions of the termination of the agreement; and the minimum periods of rest, in accordance with national laws, regulations or other measures.

Article 18. Fisher’s work agreement. Copy provided to the fisher. The Committee notes that section 103(c) of the MSA provides that when the crew is first engaged, the agreement shall be signed in duplicate, and one agreement shall be delivered to the proper officer and the other shall be retained by the master. The Committee notes the Government’s indication that the competent authority has informed the fishing industry by Marine Notice that fishers must have their copy of the agreement. Recalling that Article 18 of the Convention provides that a copy of the fisher's work agreement shall be provided to the fisher, the Committee requests the Government to provide a copy the relevant Marine Notice and to adopt the necessary measures to give full effect to this provision of the Convention.

Article 20. Fisher’s work agreement. Signature of the owner. The Committee notes that section 102(1) and (2) of the MSA provides that the master of every South African ship shall enter into an agreement on behalf of the employer with every seafarer whom the master engages to serve in that ship; and that the agreement shall be signed by the master before any seafarer signs it. The “employer” is defined in this Act as any person, including the owner or master of a vessel, who employs any person or provides work for him/her on a vessel and who remunerates that person or expressly or tacitly undertakes to remunerate him/her, except as provided otherwise by regulation. The Committee recalls that Article 20 provides that it shall be the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher's work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner. Recalling that any signatory of the agreement other than the owner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the owner, the Committee requests the Government to indicate how it ensures that full effect is given to Article 20.

Article 21. Repatriation. The Committee notes that, while various provisions of the MSA relate to repatriation (e.g. sections 114 and 140 dealing with termination of service before the expiration of the engagement period ; section 116 concerning change of ownership; and sections 154 and 155 relating to distressed seafarers), these provisions do not cover all the circumstances provided under Article 21, paragraph 1. The Committee notes that section 114, paragraph 3 of the MSA provides for an exception to the entitlement to repatriation in the case of a seafarer who is not a South African citizen or a citizen of a treaty country (other than the Republic) and who was engaged at a port out of the Republic and discharged at a port outside the Republic. The Committee also notes that section 114, paragraph 2 of the MSA provides that the owner may invoke a “reasonable cause” to be discharged from the obligations related to repatriation. The Committee recalls that Article 21, paragraph 2 provides that the cost of the repatriation referred to in paragraph 1 of this Article shall be borne by the fishing vessel owner, except where the fisher has been found, in accordance with national laws, regulations or other measures, to be in serious default of his or her work agreement obligations. The Committee notes that section 111 of the draft Merchant Shipping Bill 2020 contains relevant provisions that are in line with some of the requirements of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that all fishers on a fishing vessel that flies the South Africa’s flag, regardless of their nationality, are entitled to repatriation in the circumstances provided under Article 21, paragraphs 1 and 2. In relation to section 114, paragraph 2, the Committee also requests the Government to provide information on provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied before a fisher can be found to be in “serious default of his or her work agreement obligations”. Noting that the Government has not indicated the maximum service period on board after which a fisher is entitled to repatriation and the destinations to which fishers may be repatriated, the Committee requests the Government to explain how it gives effect to Article 21, paragraph 3.

Article 22. Recruitment and placement. The Committee notes the Government’s indication that the Merchant Shipping (Seafarer Recruitment and Placement) Regulations 2017 have been adopted to give effect to the Maritime Labour Convention, 2006 (MLC, 2006), and apply to any seafarer recruitment or placement service that recruits or places seafarers on ships to which this Convention applies. The Committee notes the Government’s indication that these regulations will be amended to include fishers. The Committee requests the Government to adopt the necessary measures in order to give full effect to Article 22. It also requests the Government to provide information on the number of recruitment and placement services that are operating recruitment and placement of fishers in South Africa and on the number of fishers that are placed or recruited through these services.

Articles 25, 26 and 28; Annex III. Accommodation. The Committee notes the Government’s indication that the Construction Regulations, 1968, as amended, and the Crew Accommodation Regulations, 1961, as amended, are giving effect to the detailed requirements of Annex III. Regulations have been drafted and submitted to the Department of Transport for promulgation to give effect to the Cape Town Agreement, 2012 with respect to the requirements of the Torremolinos Protocol. The Committee notes that, in application of section 356bis of the MSA, and subject to the provision of this Act, the Convention has the force of law in the Republic. The Committee further notes that eighth schedule of the MSA includes the full text of the Convention, with its Annex III on fishing vessel accommodation. The Committee requests the Government to explain how it ensures the full application of the detailed requirements of the Convention on accommodation in case of inconsistencies between the provisions of Annex III of the Convention, which have force of law, and the Regulations mentioned above. The Committee also requests the Government to provide information on any measures adopted or envisaged in order to implement Articles 25, 26 and 28 of the Convention.

Articles 25 and 27. Food. The Committee notes that section 156, paragraph 1, of the MSA, provides that the master of a South African ship of more than 100 gross register tons shall furnish provisions to every seafarer who does not furnish his own provisions, in accordance with the prescribed scale. The Committee also notes the Government’s indication that draft amendments to the Merchant Shipping, (Provisions) Regulations, 1961 are awaiting promulgation since 2007. The Committee recalls that Article 27 provides that each Member shall adopt laws, regulations or other measures requiring that: (a) the food carried and served on board be of a sufficient nutritional value, quality and quantity; (b) potable water be of sufficient quality and quantity; and (c) the food and water be provided by the fishing vessel owner at no cost to the fisher. However, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisher's work agreement so provides. Noting that section 120 of the draft Merchant Shipping Bill 2020 contains relevant provisions that are in line with the requirements of the Convention, the Committee requests the Government to adopt the necessary measures to give full effect to Articles 26 and 27 of the Convention.

Articles 34 to 37. Social security. The Committee notes the Government’s indication that a legislation has been drafted and submitted to the Department of Transport for promulgation to give effect to the requirements of the Convention on social security. It further notes the Government’s indication that South Africa offers various social security benefits which are extended to all citizens including fishers. The Committee recalls that Article 34 of the Convention provides that each Member shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national law, are entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory. The Committee requests the Government to describe in detail the social security benefits granted to fishers, including fishers working on foreign-flagged vessels, ordinarily resident in the South African territory. The Committee also requests the Government to indicate the measures adopted to implement Articles 34 to 36 of the Convention.

Articles 40 to 44. Compliance and enforcement. The Committee notes the Government’s indication that South Africa has a Safety Survey regime where all commercial fishing vessels are surveyed at least once a year. After the survey inspection by a qualified surveyor, a Notice of Completion of Survey, with any non-conformities, is handed to the skipper or the owner. Once the non-conformities, including checks on the requirements of the Convention, have been attended to, the competent authority issues a Local General Safety Certificate (LGSC) valid for one year. This LGSC is the valid Certificate in South Africa. The Government also indicates that the competent authority initiated an ad hoc survey regime, where vessels are inspected at any time during the period of validity of the LGSC. Part of these inspections are checks on the requirements of the Convention and include interviewing crews on working and living conditions as well as reviewing worker’s agreements. In the first year, 116 ad hoc inspections took place and findings were recorded and communicated to the fishing industry by way of a Marine Notice. The Committee takes note of the relevant information provided by Marine Notice n°5 of 2020 on the ad hoc inspections of South African-flagged fishing vessels in 2019. The Committee also notes that Regulations 5.1.3 and 5.1.4 of the MLC, 2006, on certification and inspection of ships, are implemented by specific Maritime Labour Certificate and Declaration of Compliance Regulations, 2017, which are not applicable to fishing vessels. While noting this information, the Committee requests the Government to provide a copy of the legislation, regulations or any other measures adopted to give effect to Articles 40 and 41 of the Convention. The Committee also requests the Government to indicate if it has authorized any recognized organizations to carry out inspections and issue documents pursuant to Article 42 of the Convention. The Committee notes that section 162 of the MSA provides that if a seafarer of a South African ship considers a) that the provisions or water for the use of the seafarer are at any time of bad quality or deficient in quantity; (b) that the crew accommodation is unsanitary or is not in accordance with the regulations; or (c) that in any other respect the conditions under which the seafarer is living on board ship are not of a reasonably good standard, he or she may complain thereof to the proper officer, who shall investigate the complaint or cause it to be investigated. The Committee recalls that Article 43, paragraph 1 of the Convention provides that a Member which receives a complaint or obtains evidence that a fishing vessel that flies its flag does not conform to the requirements of the Convention - and not only to the food, accommodations and living conditions on board requirements - shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. The Committee also notes that section 154 of the draft Merchant Shipping Bill 2020 provides for a mechanism for bringing complaints, which only refers to breaches of MLC, 2006 requirements. The Committee requests the Government to provide information on any measures adopted to give full effect to Article 43 of the Convention.