Posted: April 24th, 2023

Towards ratification and implementation of IL atification and implementation of ILO Work in Fishing ork in Fishing Convention, 2007 in the Maldives

Towards ratification and implementation of IL atification and implementation of ILO Work in Fishing ork in Fishing
Convention, 2007 in the Maldives

Abstract
Title of Dissertation: Towards the ratification and implementation of ILO
Work in Fishing in Convention, 2007 in Maldives.
Degree: Master of Science

The potential effects of the occupational health and safety and labour rights of the
commercial fishers in the Maldives are poorly understood. The Maldivian government
focuses more on the sustainability of resources while giving less importance to the
working conditions of the fishers. Thus it has increased the number of fatalities and
also made fishers victims of forced labour and human trafficking. This research aims
to enhance speedy ratification and implementation of the most comprehensive
International instrument on labour rights and working conditions of fishers; the ILO
Work in Fishing Convention, 2007. The literature review presents the Maldivian
commercial fishing industry and the labour conditions of the commercial fishing
industry in both the Maldivian and global perspectives. Also the Work in Fishing
Convention 2007 will be presented with both benefits and barriers for the
implementation. A comparative legal analysis of the Maldivian legislature against ILO
Work in Fishing Convention 2007 will be carried out using the ILO’s guideline to
undertake a comparative analysis of the Work in Fishing Convention, 2007 and
national laws, regulations or other measures. Followed by this, rising roles and
obligations of national authorities will examine the current mandates of the authorities.
A SWOT analysis will present the challenges and opportunities for Maldives in
ratifying and implementing the Work in Fishing Convention. Finally, the research
concludes with several recommendations for moving forward.
KEYWORDS: ILO, Work in Fishing Convention 2007, Ratification, Implementation,
Commercial Fishing Industry, Maldives, Working Conditions, Occupational Safety
and Health.
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Table of Contents
Declaration ………………………………………………………………………………………………….. ii
Acknowledgements ……………………………………………………………………………………… iii
Abstract ………………………………………………………………………………………………………. iv
List of Abbreviations ………………………………………………………………………………….. vii
List of Legal Instruments and Guidelines …………………………………………………… viii
List of Tables ………………………………………………………………………………………………. ix
Chapter 1 …………………………………………………………………………………………………… 10
1.1 Introduction…………………………………………………………………………………………….. 10
1.2 Background …………………………………………………………………………………………….. 11
1.3 Aims and Objectives……………………………………………………………………………….. 13
1.4 Methodology…………………………………………………………………………………………… 13
1.5 Scope and Limitations of the Study…………………………………………………………. 13
1.6 Structure of the Study ……………………………………………………………………………… 14
CHAPTER 2 ………………………………………………………………………………………………. 15
Literature Review ………………………………………………………………………………………. 15
2.1 The Maldivian Commercial Fishing Industry ………………………………………….. 15
2.2 Labour Conditions in the Fishing Industry………………………………………………. 16
2.3 Work in Fishing Convention, 2007 (Convention No. 188)………………………. 18
2.4 Benefits to the Contracting Parties ………………………………………………………….. 20
2.5 The barriers to Ratify and Implement………………………………………………………. 21
2.6 Summary of the Chapter …………………………………………………………………………. 22
Chapter 3 …………………………………………………………………………………………………… 23
The Authorities and Legislature ………………………………………………………………….. 23
3.1 Roles and Obligations on National Authorities 23
3.1.1 Ministry of Fisheries Marine Resources and Agriculture (MoFMRA)….. 24
3.1.2 Transport Authority ……………………………………………………………………………… 25
3.1.3 Labour Relations Authority………………………………………………………………….. 26
3.1.4 Coast Guard …………………………………………………………………………………………. 27
3.1.5 Immigration …………………………………………………………………………………………. 28
3.1.6 Maldives Police Service……………………………………………………………………….. 28
3.1.7 Ministry of Economic Development …………………………………………………….. 28
3.2 Domestic Laws and Regulations 29
3.2.1 Fisheries Act, 14/2019………………………………………………………………………….. 29
3.2.2 Commercial Fishing Regulations………………………………………………………….. 31
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3.2.3 Employment Act, 2008 ………………………………………………………………………… 32
3.2.4 Safety of vessels operating in Maldivian Waters Regulation ………………… 33
3.2.5 Anti-Human Trafficking Act 2013……………………………………………………….. 33
3.2.6 Employment Agency Regulation, 2016………………………………………………… 34
3.4 Summary of the Chapter …………………………………………………………………………. 34
Chapter 4 …………………………………………………………………………………………………… 36
Assessment of Ratifying and Implementation of Convention No.188 …………….. 36
4.1 General Duties………………………………………………………………………………………… 36
4.2 Definitions………………………………………………………………………………………………. 36
4.3 Minimum Age…………………………………………………………………………………………. 37
4.4 Medical Examination………………………………………………………………………………. 37
4.5 Manning and Hours of Rest…………………………………………………………………….. 37
4.6 Crew List………………………………………………………………………………………………… 38
4.7 Fisher’s work agreement………………………………………………………………………….. 38
4.8 Repatriation…………………………………………………………………………………………….. 39
4.9 Payment of Fishers………………………………………………………………………………….. 39
4.10 Accommodation and food……………………………………………………………………… 39
4.11 Medical Care…………………………………………………………………………………………. 39
4.12 Occupational Safety and Health Protection……………………………………………. 40
4.13 Social Security………………………………………………………………………………………. 40
4.14 Protection in the case of work-related accidents…………………………………….. 41
4.15 Summary of the Chapter ……………………………………………………………………….. 41
Chapter 5 …………………………………………………………………………………………………… 42
Impacts on National Authorities, Legislature, ……………………………………………… 42
challenges and opportunities for Ratification and Implementation ………………. 42
5.1 Impacts National Authorities…………………………………………………………………… 42
5.2 Impacts on the Legislature ………………………………………………………………………. 44
5.3 The Challenges and Opportunities of the Ratification and Implementation of
Convention No. 188 in Maldives: A SWOT Analysis……………………………………. 46
5.4 Summary of the Chapter …………………………………………………………………………. 50
Chapter 6 …………………………………………………………………………………………………… 51
Conclusion and Recommendations ……………………………………………………………… 51
6.1 Conclusion………………………………………………………………………………………………. 51
6.2 Recommendations…………………………………………………………………………………… 53
6.2.1 Future Research……………………………………………………………………………………. 53
References ………………………………………………………………………………………………….. 54
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List of Abbreviations
BOBP Bay of Bengal Programme
FAO Food and Agriculture Organization
ILO International Labour Organization
IMO International Maritime Organization
IOTC Indian Ocean Tuna Commission
ITF International Transport Workers Federation
IUU Illegal Unreported Unregulated
LRA Labour Relations Authority
MED Ministry of Economic Development
MI Maldives Immigration
MNDF Maldives National Defense Force
MNDS Ministry of Defense and National Security
MoFMRA Ministry of Fisheries Marine Resources and Agriculture
MOU Memorandum of Understanding
MPS Maldives Police Service
MTA Maldives Transport Authority
OSH Occupational Safety and Health
SOP Standard Operating Procedure
SWOT Strength Weakness Opportunities Threat
SWOT Strength Weakness Opportunities and Threat
TA Transport Authority
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List of Legal Instruments and Guidelines
Armed Forces Act, 1/2008
Commercial Fishing, Fish Processing for Exports and Aquaculture License
Regulation, 2009
Constitution of the Republic of Maldives, 2008
Employment Agency regulation, 21/2016
ILO Guideline to undertake a comparative analysis of the Work in Fishing
Convention, 2007 (No. 188) and national laws, regulations or other measures
ILO Work in Fishing Convention, 2007
Maldives Employment Act, 2/2008
Maldives Fisheries Act, 14/2019
Maldives Immigration Act,1/2007
Regulation on Safety of vessels operating in Maldivian waters, 2015/R-229
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List of Tables
TABLE 1 ASSESSMENT OF MALDIVIAN LEGISLATURE AGAINST KEY PROVISIONS OF
CONVENTION NO. 188 ……………………………………………………………………………. 44
TABLE 2 SWOT ANALYSIS ON THE IMPLEMENTATION AND RATIFICATION OF
CONVENTION NO. 188 IN MALDIVES ………………………………………………………… 46
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Chapter 1
This Chapter presents the preliminary aspect of the research, including the background of the
study, the aims and objectives and the methodology used to conduct the research.
1.1 Introduction
Commercial fishing is declared as the most dangerous occupation in the world by the
International Labour Organization (ILO), referring it to the number of fishers who lose their
lives each year. While statistics on fatalities in the fishing industry are poorly maintained in
most of the countries, ILO’s Occupational Safety and Health (OSH) Branch states that 24,000
fatalities occur annually (FAO, 2001). In addition to the safety and health risks, migrant
workers in the fishing industry are often victims of forced labour and human trafficking (ILO,
2017).
ILO, the significant organisation which deals with the labour rights of workers all around the
world, has the jurisdiction of creating Internationally binding instruments to ensure
Occupational Safety and Health for workers. Since 1920, ILO has developed International
labour standards specifically to the fisheries industry. By 2000, ILO had developed several
instruments related to Occupational Safety and Health, but they apply to mainly to seafarers.
Only a few of them had provisions which apply to fishers under particular circumstances (ILO,
2008).
Recognising these circumstances and severe labour rights-related risks faced by fishers, in 2004
during the 92nd session of the International Labour Conference an item was placed on the
agenda on the discussion of developing an all-inclusive Instrument for the industry. Three years
later, in 2007 at the 96th session of the International Labour Conference with overwhelming
support from member states the ILO Convention No. 188 Work in Fishing Convention,2007
(Convention No. 188) was adopted and entered into force in November 2017. According to the
latest information on the ILO website, only fourteen countries have ratified Convention No.
188. Developing countries which have ratified the convention are Angola, Argentina, Bosnia
and Herzegovina, Congo, Estonia, Lithuania, Morocco, Namibia, Senegal, South Africa and
Thailand. The only developed countries which have ratified the convention are France, United
Kingdom and Norway while Thailand is the only Asian country which has ratified the
convention (ILO, 2019).
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The main objective of the Convention No. 188 is “to ensure that fishers have decent conditions
of work on-board fishing vessels with regard to minimum requirements for work on board;
conditions of service; accommodation and food; occupational safety and health protection;
and medical care and social security” (Preamble of Convention No. 188) (ILO, 2007).
1.2 Background
The Maldives is well known for its Commercial Tuna Fishery. The pole and line tuna fishery
concept in the Maldives is the most eco-friendly method of tuna fishing globally, due in part to
its low by-catch levels (Robert Stone, 2009). The Ministry of Fisheries Marine Resources and
Agriculture (MoFMRA) plays leading role in regulating and management of capture fisheries
in Maldives which is governed by the Fisheries Act of Maldives, 2019 (AGO, 2019). Fisheries
Management measures set by MoFMRA have helped the fishing industry to improve
transparency and traceability. These efforts are backed by Regional Fisheries Management
Organizations (RFMOs) and have helped the Maldivian fishery to achieve Marine Stewardship
Certificate (Hohne-Sparborth, 2013).The fishing industry employs 20% of the total labour
force (FAO, 2015). The fisheries industry represents 99% of the real exports, which was worth
139.76 million US dollars by trading countries across North America, Europe and East Asia.
(OEC, 2018). In addition to this the fish remains as the primary basis of protein for the
population (FAO, 2012).
Though the fishing industry is very significant for the country’s economy, there are rising
concerns over the Occupational Safety and Health and other labour rights. According to
Maldives National Defence Force (MNDF) between 2008-2018, there were 271 marine
incidents reported by fishing vessels to the National Coast Guard. This includes 41 incidents
of Diving Decompression Sickness and 30 fatalities that happened on-board fishing vessels
(MNDF, 2019). In July 2019, MoFMRA stopped issuing a license to the longline fleet after
they were alerted by the European Commission about human trafficking and forced labour
activities involved. The European Commission warned Maldives that if human trafficking and
forced labour activities continue the country may face a ban for its products in the European
countries. (Peoples Majilis, 2019; MOFAMR, 2018). The European Union is the biggest
importer of fisheries and aquaculture products in the world. The European Commission has
developed several standards and regulations on importing fishery products to European
countries. Thus each country exporting fisheries products to any European country requires to
follow the standards of the European Commission. Facing a ban to export fisheries products to
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European markets will have a huge impact on Maldives economy as the country is the leading
non-European supplier of fresh tuna to Europe (European Commission, 2018; EEAS, 2016).
While focusing on the legislature of Maldives on employment, the primary law governing the
rights of employers is the Employment Act, 2008. The Act was formed after several years of
discussions among government agencies and with ILO consultation in the drafting process.
However, fishers are among the group of workers excluded from the provisions of the Act
which addresses issues related to working hours, overtime, holidays, dismissal without cause
(Wisham, 2018).
Maldives got ILO membership in 2009 and is a party to the ILO ‘core conventions’ on the most
fundamental labour rights. Maldives have ratified the eight fundamental ILO Conventions
dealing with fundamental principles and rights at the workplace. This includes the Forced
Labour Convention, 1930 (No. 29); the Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87); the Abolition of Forced Labour Convention, 1957 (No.
105); the Equal Remuneration Convention, 1951 (No. 100); the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111); the Minimum Age Convention, 1973 (No. 138);
the Right to Organize and Collective Bargaining Convention, 1949 (No. 98); and the Worst
Forms of Child Labour Convention, 1999 (No. 182) (ILO, 2019).
Maldives plays a vital role at the Indian Ocean Tuna Commission (IOTC), which works on
managing resources and eliminating the Illegal Unreported Unregulated (IUU) vessels. The
country is also a member of the Bay of Bengal Programme (BOBP) which focuses on providing
technical support for the sustainability of fisheries resources and management of small scale
and fisheries in the region (BOBP; IOTC, 2019). As a member of the Food and Agriculture
Organization (FAO) of United Nations, Maldives enjoys receiving Helpance towards
strengthening food security and fisheries development. The Fisheries Act, 2019, which entered
into force on 16th of September 2019, was developed by the technical Helpance from FAO
(JICA, 2018; Presidents Office, 2019).
International instruments are the secondary source of law according to article 68 of the
Maldivian Constitution (AGO, 2008, p. 26). Over the past few years, Maldivian courts have
readily referred to provisions of ILO instruments in the interpretation of rights and processes
under the Employment Act 2008 (Wisham, 2018). If the Maldives decides to ratify and
implement the Convention No. 188, it will Help in improving the working conditions and
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ensuring labour rights of fishers, which will help to reduce the fatality rates in the fishing
industry. Therefore, the motivation of this research is to review and assess the capacity of
authorities and legislature, for the ratification and implementation of Convention No. 188.
1.3 Aims and Objectives
The perspective of this study would enhance the speedy ratification and implementation of
Convention No. 188 for the protection of labour rights of the fishers.
To achieve the aim, the study was carried out based on the following objectives;
 To analyze the legal capacity of Maldives for the implementation of provisions of
Convention No. 188.
 To analyze the impact on roles and obligations of the national authorities upon
ratification and implementation on Convention No. 188
 To analyze the challenges and opportunities to the Maldives by ratifying Convention
No. 188.
1.4 Methodology
The study was carried out following a comparative legal analysis, which includes examining
international instruments, the guidelines of ILO, documents published by FAO, academic
journals and published studies on the subject. Data related to the Maldivian Fishing industry
and the current legislation on labour rights were collected from the websites of the government
authorities and through email communications with those authorities. After the collection of
data, the legal capacity of Maldives in ratifying and implementing Work in Fishing Convention
was analysed using “ILO’s guideline to undertake a comparative analysis of the Work in
Fishing Convention, 2007 and national laws, regulations or other measures”. Effects of
ratifying and implementing the Work in Fishing Convention were assessed through SWOT
analysis.
1.5 Scope and Limitations of the Study
The provisions of Convention No. 188 focused in the study are those highlighted as the key
provisions by the ILO’s guideline to carry out comparative analyses of the Convention No.188
against national legislation. Among those provisions, the author specifically focused on those
which will have a significant impact on the fishers’ occupational safety and health. The
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research to identify the challenges to Convention No. 188 in the Maldives is an extensive
subject, which covers various institutions; MoFMRA, Labour Relations Authority (LRA),
Transport Authority and the Coast Guard. Since these institutions have a limited number of
data published through official documents and webpages, it was challenging to obtain the
necessary and relevant information related to the labour rights of fishers. By considering the
limited time for the research, the author intentionally covered mainly of the data available on
the public domain.
1.6 Structure of the Study
The research will be presented in six chapters. Chapter 1 introduces the preliminary aspect of
the research including the background of the study, the aims and objectives and the
methodology used to conduct the research. Chapter 2 presents an overview of Maldivian
Commercial Fisheries Industry, Labour related challenges in fishing industry, both globally
and in Maldives, ILO’s commitment to improving the labour conditions in the fishing industry,
and the Work in Fishing Convention, 2007. Chapter 3 presents the fisheries Industry and the
Labour rights of fishers in the Maldives including the relevant government authorities and the
national legislature on labour rights. The provisions of Convention No. 188 will be compared
against the current legislature in Maldives in Chapter 4 while Chapter 5 will present the
findings of the assessment in chapter 4 and present challenges and opportunities to Maldives
by ratifying and implementing Convention No. 188 in Maldives. Chapter 6 of the research
concludes the research with the recommendations.
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CHAPTER 2
Literature Review
This chapter presents an overview of the Maldivian Commercial Fisheries Industry, Labour
related challenges in the fishing industry, both globally and in Maldives, ILO’s commitment to
improve the labour conditions in the fishing industry, and an overview of Convention No. 188.
Also the barriers and challenges to implement and ratify Convention No. 188 are given.
2.1 The Maldivian Commercial Fishing Industry
The Maldivian fisheries sector represents 99% of the country’s total export (OEC, 2018).
Fishing licenses are issued only to vessels owned by Maldivian individuals or companies which
are 100% owned by Maldivians. The most prominent methods of fishing in the Maldives are
pole and line and the hand line fishing. Licenses are required to participate in any commercial
fishing activity, but they are entirely open access except for the longline fisheries. The country
does not issue fishing licenses to foreign vessels, but allows the employment of foreign crew
in the longline fishery. The commercial fishing fleet consists of 685 vessels, while 349 of them
are below 24 meters and 336 of the vessels are above 24 meters in length. (MOFAMR, 2009;
MOFAMR, 2014).
MoFMRA focuses on increasing competitiveness and income of the fishers while ensuring the
sustainability of marine resources. A majority of the fishery is an open access fishery and there
is less control on the fisheries managers to control the fishing effort, thus giving the fishermen
the chance to the trade-off between safety and other objectives without rest and fishing in bad
weather conditions (FAO, 2001). The longline fishery had a quota-based licensing system but
vessels owners had the opportunity to aggregate quota among other vessels (MOFAMR, 2014).
The pole and line fishing fleet consists of vessels, which are constructed using wood and fibre
reinforced plastic. Pole and line tuna vessels are locally built and have accommodation blocks
for the crew to rest while on the fishing trip. The Longline fishing fleet consisted of foreignbuilt vessels which have been bought by Maldivian companies and then localised. Since
MoFMRA does not obligate any specific requirements for crewing the vessels, the fishing
vessel owners enjoy the freedom of hiring unskilled labourers. These vessels, which had an
average of nine crew members, operated at sea up to 3 weeks but had small compartments for
the crews’ accommodation. Most of the crew members on longline vessels are from south-east
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Asian countries (MOFAMR, 2018, pp. 27,29). These countries are well-known as major
suppliers of forced labour and human trafficking victims (Derks, 2010).
MoFMRA initiated the development of the Fisheries Act, 2019 in 2014, with technical
Helpance from FAO (JICA, 2018). When the draft of fisheries act was submitted to the
parliament and opened for public to comment, the government received a lot of pressure from
the fishers and fishing vessel owners. Following the pressure from the fishers and fishing vessel
owners, the provisions on fishing operations were detached when it was finally passed from
parliament (Edition MV, 2019).
It is due to credence among the Maldivian politicians and government officials that fishers and
their families play a vital role in the results of elections. During every election, politicians and
political parties focus on developing manifesto’s which mention ways to generate more income
for fishers through increased fishing efforts and competition in the industry. Also, fishers and
fishing vessel owners have a strong influence over the policies and decisions of the government
(SUN MV, 2019; MDP, 2018).
2.2 Labour Conditions in the Fishing Industry
Statistics available from the prominent fishing nations on fatalities and injuries in the fishing
industry prove that commercial fishing is the most dangerous occupation in the world. It was
estimated by ILO’s OSH branch that 24,000 fatalities occur annually, which is higher than any
other profession. Statistics on deaths and injuries in the fishing industry are maintained poorly
in most of the developing countries. Therefore, the actual rates might be higher than those
estimated by ILO (FAO, 2001). According to Matthew J.S.Windle, et al. (2008), since statistics
are poorly maintained and without a standardised international system to identify, record and
report incidents, it is impossible to know the challenges faced by fishermen.
J. E. Nordland (1989) believes that the risks fishers face are often seen as part of the fishing
culture by many, which is an obstacle to improve the safety and working conditions in the
fishing industry. Kaplan and Kite Powel (2000) after examining the attitude of fishers towards
the New England Fisheries Management Council, also shared similar views about it. The
authors referring to Harold and Oltedal (2000) concluded that fishers often accept risks
associated with the occupation, and some of them do not take risks seriously.
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Over the last decade, 30 fatalities were documented by Maldives Coast Guard for the
commercial fishing industry where 7596 people are employed. The Coast Guard has Helped
in 41 incidents of Diving Decompression Sickness. In 2018 alone there were 18 diving
decompression sicknesses. The Coast Guard has been conducting awareness programs around
the country for fishers about the best practices of diving (MNDF, 2019). The statistics from
MoFMRA indicates that the highest number of fishing effort is carried out in the southern parts
of the country where most numbers of diving decompression sickness incidents are reported
(MOFAMR, 2018, pp. 7,8). Diving experts in the Maldives assumes that incidents of diving
decompression sickness are increasing because fishers lack proper knowledge and training on
diving. Also fishing vessels are not equipped with emergency oxygen supplies and first aid
kits, fishers wait for Helpance from the Coast Guard (Mihaaru, 2019).
In addition to safety and health risks, fishers around the world are often victims of either forced
labour or human trafficking. ILO estimates that close to 20.9 million workers around are caught
up in forced labour, forced and tricked by either their employer or recruitment agency, and
trapped in harsh situations where it is difficult to escape (ILO, 2012, p. 13). Surtees (2013)
stated that Forced labour and human trafficking is very extensive in the fishing industry. The
severe abuses in the fishing industry mentioned by him include cruel and inhumane treatment
on board fishing vessels. ILO (2013), also reported migrant workers in the fishing industry are
often cheated and forced by their employers and forced to work under threats being subject to
forced labour. These victims are paid relatively less but are forced to work for longer hours
without rest and in harsh working conditions.
Similar trends appear in the Maldivian commercial fishing industry. In a compliance inspection
by the European Commission’s Maritime Affairs and Fisheries division in 2018, it was
discovered that some of the foreign crews of Maldivian longliners are victims of human
trafficking and forced labour. The European Commission issued a warning to MoFMRA of a
possible ban of all Maldivian fishery products to Europe if issues in the longline fishery are not
addressed. Thus, MoFMRA decided on July 2019 to suspend longline fishery. MoFMRA will
resume licensing for longline fishery after making new regulations (Peoples Majilis, 2019;
MOFAMR, 2018).
It was reported by the United States Department of State that in the Maldives there are adults
of both genders and children who are subject to forced labour. The report also mentioned that
the total number of foreign workers in Maldives is close to 200,000 (Department of State
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United States of America, 2014) reported. This is more than twice the number of foreign
workers by Maldives Immigration, who reported in the same year that there were 84,694
foreign workers in Maldives (The Bali Process, 2014). The first-ever law of Maldives against
human trafficking was passed in 2013. Anti-human trafficking Act, 2013 in its provisions
criminalised the trafficking of persons and introduced strict penalties for forced labour. The
provisions of the law also criminalised the act of recruitment agencies involved in any act of
human trafficking (The Bali Process, 2014, p. 33).
Even though the fishing industry remains as the most dangerous occupation in the world,
fishers and fishing vessels are excluded from most of the legal instruments covering labour
rights (ITF, 2007). Similarly, in Maldives, the fishermen are excluded from the provisions of
the Employment act,2008 which is concerned with working hours, overtime, holidays, unfair
dismissal and employment agreements (AGO, 2008, p. 15).
Considering the increase in the number of human trafficking, forced labour and fatalities and
injuries in the fishing industry, during the 92nd session of International Labour Conference a
discussion was initiated to develop a comprehensive instrument on work in the fishing sector.
After three years of reviews, ILO completed an International instrument concerning the labour
rights of fishers; Convention No. 188 was adopted with overwhelming support from the
member states (ILO, 2017).
2.3 Work in Fishing Convention, 2007 (Convention No. 188)
Convention No. 188 was developed considering all of ILO’s eight fundamental conventions on
labour rights. Also previously developed instruments such as Occupational Safety and Health
Conventions of 1981 and 1985 and the recommendations, Social Security (Minimum
Standards) Convention, Social Security (Minimum Standards) Convention and provisions of
Seafarers Identity Documents Convention were also taken into consideration.
The main objective of Convention No.188 is to guarantee fishers all over the world decent
working conditions onboard vessels while taking into account minimum requirements to work
on board, food and accommodation of fishers. Most importantly the OSH protection of fishers
were addressed very specifically. Convention no.188, which broadly demonstrates the efforts
of ILO towards ensuring decent work for fishers, applies for all the vessels that are involved in
commercial fisheries (ILO, 2012, pp. 1-2).
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Convention No.188 includes provisions on the minimum requirements of work on fishing
vessels, standards of accommodation and most importantly ensuring Occupational Safety and
Health of the fishermen. The most significant changes brought by the convention are the
minimum requirements on the age of fishers and a compulsory medical examination. The
National Authorities are obligated to set procedures through laws and regulations on how the
medical examinations will be carried out and how the certificates will be issued (ILO, 2012,
pp. 4-5).
According to Convention No.188, the duties and obligations of fishers must be clear. Therefore,
it is a responsibility for the vessel owner to make a written agreement with every fisher which
has to be signed by both parties. The fishers must be guaranteed the right to seek advice and
review the terms of the contract (Article 16,17 & 18). Before departing the port, or immediately
after the departure of each fishing vessel, it is required to inform the competent authorities in
that State a crew list of all personnel on board (Article15).
As per the provisions of article 14, all the fishing vessels are required to be manned sufficiently
for the smooth and safe operation of the vessel and its navigation. The fishermen who work
on-board the vessels should be given regular intervals from their work to rest. Convention
no.188 also urges the competent authorities of a country to set stricter requirements depending
on the time vessels remain at sea. Article 21 of the convention states that repatriation of foreign
fishers after the duration of their employment agreement or termination of the contract is to be
done by the expense of the employer. If the employer fails to do so, the duty is on the flag state
to arrange repatriation and to recover the costs from the employer. Regarding the salary of
fishers, provisions of articles 23 and 24 mentions that each fisher must receive a monthly
payment or other agreed terms of payment.
According to article 29 of Convention No. 188, each fishing vessel must carry sufficient
medical equipment and must have at least one person on board who knows the use of medical
equipment or to give first aid Helpance. As mentioned in article 30, there should be
communication equipment on the vessel, which can connect to the shore, if a need arises to get
medical advice. Fishing vessels are also required to have risk Assessment and risk management
systems on-board the vessels to avoid occupational accidents and other risks which are related
to the work of fishers, as mentioned in article 31. This includes the training of fishers on how
to use the fishing gear and other equipment onboard vessels. Incidents where fatalities or other
injuries occur on board the fishing vessels, article 38 mandates member states to take necessary
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measures to protect fishers against such events through vessel owner’s liability or compulsory
insurance schemes (ILO, 2007).
2.4 Benefits to the Contracting Parties
Convention No. 188 if applied in a country will give the fishing vessels owners assurance that
the substandard fishing operations will be marginalized. The improvements in the OSH of
fishers not only improves the fishing operations it will reduce costs related to the operations.
The majority requirements of Convention No. 188 are not too high compared to the current
practices in the fishing industry. Therefore, it will not be a burden for most of the vessel owners
to comply with Convention No. 188. Also complying with the vessel will reduce the burden
faced by fishing vessels, which operate in International waters and land fish to countries other
than the flag state as documentation awarded under the Convention will facilitate the
procedures they have to follow under the Port State Control Inspections (ILO, 2012, p. 7).
In a fisherman’s perspective, Convention No. 188 will strengthen the social dialogue in the
industry to improve things for the fishing community. As mentioned earlier the
comprehensiveness of the provisions in addressing the OSH of fishermen in multiple ways will
improve the lives of fishers and their families (ILO, 2012, p. 8). Convention No. 188 was
developed by ensuring that it remains as an instrument which will be quickly ratified by many
countries. In the case of developing countries, there may be difficulties of application due to
insufficiently developed institutions or infrastructure, lack of human resources and the financial
strains. To address these challenges, Convention No.188 allows provisions such as the
requirement of crew lists, employment agreements, the need for medical certificates and risk
Assessment and protection against injury or death to be applied progressively. Moreover, the
Convention also allows the flexibility in the implementing of the provisions related to
minimum hours of rest through substantial equivalences, which does not risk the safety and
health of fishermen (Vivekanandan, 2007).
In 2013, ILO hosted a Global Dialogue Forum for the promotion of Convention No. 188 and
agreed points of unanimity regarding the promotion of Convention No. 188. Regarding the
challenges faced in the ratification and implementation of the convention, it was agreed that;
“Given the diversity of the fishing sector, flexibility devices of the Convention allow countries
to adopt the Convention’s provisions to the specificities of certain categories of fishing vessels
or fishers within the framework of the Convention”. National authorities will also have the
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option to use any flexibility device mentioned in the convention. Flexibility clauses include in
Convention No. 188 enables member states to implement several provisions of the convention
in a progressive manner. Also, flexibility in implementation of the provisions will allow
member States to comply with the requirements by considering the characteristics of the fishing
sector at the time of ratification (ILO, 2018, p. 4).
International Collective in Support of Fish workers (ICSF) believes that the adoption of ILO
Work in Fishing Convention will be a crucial step to improve the employment rights in the
industry. The development of long-term labour standards in the interest of the fishing industry
would reduce accidents at sea which are caused by fatigue. The improved labour standards will
be helpful to the standardise recruitment of crew members which will reduce a chance for
forced labour and human trafficking (ICSF, 2013, p. 4).
One of the biggest issues faced by fisheries regulators around the world is vessels which use
flags of convenience and engage in Illegal Unreported Unregulated (IUU) fishing. These
vessels are known for exploiting labour rights. Convention No.188 through port state
inspections has the potential to kick these vessels out of the industry (Vivekanandan, 2007).
2.5 The barriers to Ratify and Implement
Recent trends of globalisation in the commercial fishing industry have presented a lot of
challenges for the authorities to regulate labour standards. Considerably in developing
countries aligning their national legislation to requirements of Convention No. 188 may be too
onerous (SIWATIBAU & SLOAN, 2017).
The regulating of foreign-flagged vessels becomes challenging when it comes to dealing with
vessels of distant water fishing nations. The author also mentions that the generation of political
will in countries remains as a visible challenge that has been creating a hurdle implementing
the provisions of the Convention effectively. The delays in ratification of Convention no.188
emphasises the widely held view that the social protection and employment rights of fishers
are not a priority of the governments (Vivekanandan, 2007). The Samudra reports published
by the International Collective in Support of Fish workers reports highlighted four reasons why
countries have delayed the ratification of Convention No. 188. First, it was mentioned that the
lack of provisions in the existing national legislation to ensure social protection and other rights
of fishers guaranteed by convention No. 18. Thus it requires countries to develop new
legislation to meet the requirements of Convention No. 188 and the high costs of such work
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remains a reason why countries have delayed ratification. The second reason is that in many
countries, elements of Convention No. 188 falls into a mandate of several agencies and they
often lack coordination and coherence. The third reason mentioned in the report blames vessel
owners who pressure governments to avoid ratification as they are doubtful that ratification
would lead to increase in the cost of fishing operations (ICSF, 2013).
According to Servais (2013) meeting with ILO standards is a challenge even for highly
industrialized countries. The author further elaborates that the cost of meeting ILO standards
are different in countries depending on their administrative and industrial structures. For
instance, training fishers and public officials who will inspect vessels might become a financial
burden for developing countries. In the Maldivian context, there has been no impact analysis
done so far on the capacity of the current legislature and obligations of authorities to improve
the OSH of fishers to international standards. Therefore, the author focuses on analysing impact
of ratification and implementation of ILO Convention No. 188 which is one of the most
comprehensive international instruments that focus on improving the OSH of fishers. The
findings will Help to identify the opportunities and challenges for the country in implementing
Convention No. 188.
2.6 Summary of the Chapter
This chapter has revealed that the commercial fishing industry is the most dangerous
occupation in the world. The lack of a comprehensive international instrument on regulating
the working conditions of fishers remains as the biggest challenge for the industry. It was found
that Convention No. 188 has the potential to improve the working conditions of the fishers
around the world. The insight of Maldivian Commercial fishery, mentioned in this chapter, has
divulged that MoFMRA focuses more on increasing the competitiveness in the fishing industry
to increase the economic benefit and also the sustainable management of marine resources. It
was also learnt that in Maldives, fishers and fishing vessel owners have a huge influence over
the policies and decision making of administrations. There is less control over the fishing effort
as the majority of the fisheries is open access. Fishers in Maldives lack training which is a
major cause for the increasing number of fatalities onboard fishing vessels over the years. In
addition to OSH related incidents, the fishers in the longline fleets are victims of forced labour
and human trafficking activities. If MoFMRA does not solve these issues, the country’s fishery
products may face a ban in the European Markets. The chapter also highlighted the common
challenges faced for countries in ratifying and implementing Convention No. 188.
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Chapter 3
The Authorities and Legislature
This Chapter presents the arising duties and obligations of the Authorities that are involved in
ensuring the labour rights and the occupational safety and health of fishers upon ratification of
Convention No. 188. In addition, an overview of the legislature is in place related to the Labour
rights and Safety of Fishermen, the detailed assessment of the current legislature against
Convention No. 188 is presented in Chapter 4.
3.1 Roles and Obligations on National Authorities
Article 40 of Convention No. 188 mentions that “Each Member shall effectively exercise its
jurisdiction and control over vessels that fly its flag by establishing a system for ensuring
compliance with the requirements of this Convention including, as appropriate, inspections,
reporting, monitoring, complaint procedures, appropriate penalties and corrective measures,
in accordance with national laws or regulations.” However, the Flag States are allowed to
keep the provisions in their national legislature, which might have higher requirements than
those of Convention no. 188. In addition, flag states will benefit from the flexibility clauses of
the convention, which allows inspecting fishing vessels for matters which are not in the
convention (ILO, 2007).
For the implementation of Convention No. 188, flag States are obligated to designate a
competent authority or authorities, which will be responsible for inspecting the work and living
conditions on board fishing vessels as mentioned in the Article 1(b). If there is more than one
competent authority designated in the State importance, it should be given to establishing
coordination among the authorities to carry out their responsibilities (Article 7). At the
international level, flag states are urged to strengthen their cross-border cooperation and
exchange of information to eliminate the illegal fishing practices and violations of the
convention (ILO, 2015, pp. 41,42).
MoFMRA is the government authority responsible for regulating the fisheries sector.
According to article 3 of the Fisheries Act, MoFMRA will represent the Maldivian government
in the regional and international instruments and the international organizations will represent
that related to Fishing, Activities related to fisheries, aquaculture, all being activities within the
scope of the Fisheries Act (AGO, 2019, p. 5). In addition to this, there are other agencies such
as the Maldives Transport Authority, Coast Guard and Labour Relations Authority, Maldives
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Immigration and Ministry of Economic Development involved in ensuring the labour rights of
fishers and their welfare. If the Maldives decides to ratify and implement Convention No. 188
the roles and obligations of these institutions will be affected.
3.1.1 Ministry of Fisheries Marine Resources and Agriculture (MoFMRA)
MoFMRA has the mandate of regulating both the fisheries and agriculture sector in the
Maldives. The work of the organisation is divided into five divisions, fisheries division,
Administrative division, Agriculture division, Uninhabited islands and lagoons division and
Marine Research Centre. The Fisheries sector is administered primarily by the Fisheries
division while the Fisheries advisory board, Fisheries technical committee and Fisheries
promotion board advise the Minister on the development of the fisheries industry. The Marine
Research Centre also plays a vital role in the work of the Organization through its scientific
researches for managing and development of the fisheries sector. The mandate of the fisheries
division is to work towards strengthening the industry to increase the competitiveness and also
to ensure the sustainability of marine resources. The work of fisheries division is assigned to
five sections. Namely, Fisheries Management Sections, Fisheries Compliance Section,
Fisheries Logistics and Administration Section, Fisheries Training, Extension & Promotion
Sections, Fisheries Infrastructure Development Section. The work assigned to these sections
must have to be reported to the Director-General of the Fisheries Division. The fisheries
Management section is responsible for developing management plans, fisheries policies,
regulations, collection of fisheries data and issuing a license to fishing vessels and fish
processors. Compliance department conducts regular inspections on the fishing vessels and
processing facilities to check if they are compliant with the licensing regime and other fishing
regulations (MOFMRA, 2019).
Fisheries compliance officers have inspected 230 vessels and seven fish processing facilities
in 2018 (MOFMRA, 2018). The inspections were carried out following the guidelines by both
the Indian Ocean Tuna Commission (IOTC) and FAO (MOFMRA, 2018). The Fisheries
compliance officers of MoFMRA, Coast Guard and Customs officers are trained with technical
Helpance from IOTC and FAO to conduct inspections focused on eliminating the threats of
IUU fishing (IOTC, 2015).
Fisheries training, extension and promotion section is responsible for conducting training
programs related to fisheries (MOFMRA, 2019). There were seven training programs
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administered by MoFMRA in 2018, but all of them focused on educating students. The number
of training programs are limited because of the lack of both financial and human resources
(MoFMRA, 2018).
As rising obligations from the ratification of Convention No. 188, MoFMRA should develop
regulations or other measures to reduce occupational accidents and work-related risks on board
the vessels. MoFMRA should make it an obligation for fishing vessels to report accidents that
occur on board vessels and must investigate them accordingly. The Ministry must take the
initiative in forming joint committees on OSH and accident prevention, as stipulated in article
32 of Convention No. 188.
The Fisheries Act, 2019 obligates MoFMRA to establish a college or an institute which should
work towards the expansion of the fisheries sector by providing advanced training and
education to fishers (AGO, 2019, p. 10). Such institute or college established by MoFMRA
should “require that fishing vessel owners, skippers, fishers and other relevant persons should
be provided with sufficient and suitable guidance, training material, or other appropriate
information on how to evaluate and manage risks to safety and health on board fishing vessels”
according to article 32 of Convention No. 188.
With regards to the manning of vessels, MoFMRA does not have any requirements or
qualifications needed to work onboard a fishing vessel. While implementing Convention No.
188, MoFMRA must include the fishers work agreement as a required document with an
application form submitted for the commercial fishing license. Also, MoFMRA should
determine which authorities the vessels owners should inform about crew lists (crews onboard)
before leaving the port.
3.1.2 Transport Authority
Maldives Transport Authority (MTA) is an independent authority under the umbrella of the
Ministry of Transport and Civil Aviation in the Maldives, which is responsible for the transport
sector in the Maldives. The Marine Department of the MTA is responsible for developing
regulations related to the safety of vessels and crews on board. MTA is also responsible for
maintaining the registry of vessels and the manning standards for the vessels and also
regulations related to the safety of vessels which operate in the Maldives (TA, 2014).
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The Seagoing Vessel Safety Regulation (2015/R-229) mandates every vessel which operates
in the Maldives to have a valid Sea Worthiness Certificate. Requirements of the seaworthiness
certificate ensure that crew members have a valid health certificate and an employment
agreement (not mandatory for fishers). The seaworthiness certificate is valid for one year thus;
each will be inspected at an interval of one year. The regulation further addresses all safety
equipment, communication equipment onboard including first aid equipment. Once the Sea
Worthiness Certificate is issued there are no further inspections carried out by MTA to check
compliance with safety regulations. The Marine Police and Coast Guard conduct inspections
randomly and report the non-compliant vessels to MTA and MoFMRA. In 2017, MTA made
it mandatory for all the vessels that operate in Maldives to have hull insurance. However, with
the complaints and concerns from vessel owners, especially the fishing vessel owners, MTA
decided to implement the regulation only on vessels which are used for transportation (TA,
2015). While enforcing provisions of Convention No. 188, MTA must make it mandatory for
the fishing vessels to submit employment agreements of all fishers. According to Shiyaza
(Personal Communication, 14th August 2019) there are no inspectors in MTA. Thus to
implement Convention No. 188, the MTA should hire more staff and train them according to
the requirements of the convention to ensure compliance of safety regulations.
3.1.3 Labour Relations Authority
The Labour Relations Authority (LRA) is mandated to oversee compliance of the Employment
Act, 2008 and its enacted regulations. The functions of LRA are carrying out inspections and
implementing the administrative steps required for the implementation of Employment Act,
2008. Also investigating the disputes and claims between employers and employees.
Furthermore, LRA has a mandate to create awareness regarding the provisions of the
Employment Act, 2008, and providing technical information and advice for employers and
employees (Saeed, 2015). Though LRA has the authority to inspect fishing vessels for
compliance with the Employment Act, they have not inspected any vessels in the past three
years (LRA, 2019). According to the US Department of State (2014). LRA faces difficulties in
assessing safety standards during inspections due to the lack of national standards and lack of
human resources. With the ratification and implementation of Convention No. 188, LRA must
conduct appropriate inspections on fishing vessels. The organisation must employ a sufficient
number of qualified inspectors, to conduct inspections, and must have the legal authority
required. After the inspections, LRA must issue a document of inspection to vessels and must
communicate it to relevant authorities. According to Articles 43 & 44 of Convention No. 188,
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LRA must investigate any complaint received regarding working conditions or labour rightsrelated issues onboard fishing vessels (ILO, 2007).
3.1.4 Coast Guard
The Coast Guard of the MNDF plays a vital role in enforcing the maritime regulations in the
country. The Coast Guard is mandated to protect the border of the country, and also to provide
search and rescue services (AGO, 2008). According to article 57 of the Fisheries Act, 2019
MNDF the Coast Guard must carry out the roles assigned by MoFMRA for implementing the
fisheries laws and regulations in the Maldives. Article 60 of the Fisheries Act, 2019 gave the
Coast Guard officers the authority to board and inspect fishing vessels without a court warrant
(AGO, 2019, p. 37). While implementing Convention No. 188, MoFMRA may delegate
additional tasks, such as labour inspections to Coast Guard officers.
The Coast Guard is the only government agency which maintains data on accidents in the
fishing industry. Those recorded by the Coast Guard are only the incidents which are reported
to them by fishermen who are seeking Helpance. In addition to this, recognising the increase
in the number of diving decompression sickness incidents, the coast guard has been voluntarily
conducting training programs for fishers around the country (MNDF, 2019). While
implementing convention No. 188, in the Maldives the coast guard will be required to align the
training programs up to the standard developed by the training institute, which will be
developed by MoFMRA. As currently MoFMRA and LRA do not have enough staffs to
conduct inspections on the fishing vessels the Coast Guard officers will be authorised to
conduct inspections.
Also, for the implementation of Convention No. 188, the Coast Guard should improve crossborder cooperation and the exchange of information to eliminate illegal fishing practices and
violations of the convention. Moreover, the Coast Guard must ensure that inspectors have
sufficient knowledge about the protection and standards of Convention No.188, and must be
trained to perform their duty. Inspectors must also have access to sufficient safety equipment.
Furthermore, inspection reports must be available to the public or shared with the relevant
authorities to publish them to draw attention to the deficiencies which are detected (ILO, 2015,
pp. 34,35,37).
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3.1.5 Immigration
Maldives Immigration (MI) is responsible for “protecting the borders of Maldives, from
undesirable or harmful effects from immigrants and aliens, that might deter or disrupt the
harmony and solidarity of the sovereign Maldives” (MI, 2019). The foreign labourers working
in the Maldives are required to get approval from MI before they are allowed to enter the
country. MI has also developed regulations on the issue of work permits and the terms and
allocates the issuance of quota for bringing foreign labourers into the country (MHRYS, 2011).
The department requires the medical insurance, employment agreement and the health
certificate of the foreigners who apply for the work visa in the Maldives. As recommended in
the ILO Guidelines for the Flag States on the implementation of Convention No. 188 (ILO,
2015) MI must share information and facilitate coordination between relevant agencies to
tackle the illegal activities.
3.1.6 Maldives Police Service
Maldives Police Service (MPS) is the national police force of Maldives, which is responsible
for enforcing the laws of the country to maintain peace and order (MPS, 2011). According to
article 57 of the Fisheries Act, 2019 MPS must carry out roles assigned by MoFMRA for the
implementation of fisheries laws and regulations in Maldives. As an additional task, MPS
officers will be required to conduct inspections as mentioned in the provisions of Convention
No. 188 (AGO, 2019, p. 38).
3.1.7 Ministry of Economic Development
The Ministry of Economic Development (MED) formulates trade and economic policies. The
broad span of its mandate also includes matters related to immigration and emigration, labour,
and maritime transport services. The labour-related issues such as the decision to enter into
international conventions about employment and labour, are within the mandate of MED.
Employment agencies in the Maldives are operated according to the regulations set by MED
(MED, 2019). As the responsible agency to make decisions on the entering into international
conventions, MED should designate the competent authority or authorities to implement
provisions of Convention No. 188. According to Article 7 of the Convention No. 188, MED
must also “establish mechanisms for coordination among relevant authorities for fishing sector
at national and local levels, as appropriate, and define their functions and responsibilities,
taking into account their complementarities and national conditions and practice” (ILO, 2007).
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3.2 Domestic Laws and Regulations
The fisheries sector is primarily regulated by the Fisheries Act,14/2019, which focuses more
on the sustainable management of fishery resources and increases the economic benefit gained
from the fishing industry. In addition to the Fisheries Act, 2019 and regulations made under it,
there are several other regulations and laws in place which regulate the employment rights of
fishermen.
3.2.1 Fisheries Act, 14/2019
The Fisheries Act, 14/2019 entered into force on 16th of September 2019 mentions standards
for the protection of the marine environment, marine resources, regulating fisheries-related
activities within the EEZ of Maldives, control of fisheries activities conducted by Maldivians
on high seas and for the development of both fisheries and aquaculture activities in the country.
The main objectives of the Fisheries Act, 14/2019 mainly focus on;
• “The preservation and protection of the marine environment and fisheries
resources for sustainability.
• The development of a framework, which is developed by the principles of equity and
good governance.
• The development of aquaculture and developing a mechanism to regulate
aquaculture and increasing the possibility of economic development.
• The development of regulations to eliminate IUU fishing.
• The development of the legal framework for the implementation of obligations
arising from international instruments which Maldives is a party to.
• Recognizing the work of fishers and ensuring fishers get a reasonable income.
• Maintaining a register for fishers and ensuring their rights, ensuring the social
protection and ensuring the right for pension.
• Motivating the young fishers to get involved in the fisheries sector.
• Ensuring equal opportunities for both genders in the fisheries sector.
• Ensuring the Maldivian fishers, the opportunity to conduct fisheries activities on
the high seas and also selling the fish to oversee markets.
• Developing “home fish processing facilities” with the collaboration of local
councils and private parties.
• Providing the opportunity for the development of offshore platforms.
• Providing the opportunity for the expansion of the business of fishing vessels
construction” (AGO, 2019, pp. 1-3).
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The provisions of the Fisheries Act apply to all the vessels and crew members on board vessels
which operate or enter the EEZ of the country. Also, the provisions do apply for the Maldivian
flagged vessels and crew on board those vessels even though they operate beyond the EEZ of
the country. According to Article 5 of the Fisheries Act, the establishment of sufficient
monitoring systems for the effective implementation of roles and obligations arising from
international conventions and other instruments are within the mandate of MoFMRA.
Provisions of Article 10 and Article 11 mandates MoFMRA to develop relevant schemes to
guarantee fishers their right to Social protection, pension, and providing modern training and
education related to the fisheries sector. The Fisheries Act also promotes gender equality in the
fisheries sector and mandates MoFMRA to develop a register of commercial fishers in
Maldives within 100 days after the Fisheries Act enters into force. The ministry currently
maintains a register of commercial fishers through the commercial fisheries licensing regime
(Article 8 and 9) (AGO, 2019, pp. 5-9).
The most prominent changes seen from the Fisheries Act, 2019 is that it calls for cooperation
and dialogue with the local councils and government agencies. Article 15 of the Fisheries Act
mentions that MoFMRA may form a Memorandum of Understandings (MOU’s) and Standard
Operating Procedures (SOP’s) for delegating the authority of MoFMRA to other agencies
including local councils for enforcing the provisions of the Fisheries Act (AGO, 2019, p. 11).
The provisions of the Fisheries Act on the management of fisheries sector obligates the
development of management plans, regulations on the management of fisheries and widely
focuses an expansion of the fisheries sector. This includes provisions on selling fish to foreign
fishing vessels, development of offshore platforms, development of small scale fish processing
facilities, allowing fishers to sell fish directly to foreign countries. As the fisheries regulator of
the Maldives, MoFMRA has the authority to suspend or cancel the fishing licenses if the parties
are violating the Fisheries Act and the regulations made according to the act. The provisions
on issuance of licenses mentioned in the Fisheries Act states that licenses must be issued
according to regulations made by MoFMRA. The commercial fishing licenses and fish
processing licenses are issued according to the “Regulation for Licensing Commercial Fishing,
Fish Processing for Exports and Aquaculture” (MOFAMR, 2009; AGO, 2019).
The provisions of chapter 9 of the Fisheries Act emphasizes the need for establishing a
Monitoring Control and Surveillance (MCS) system. MoFMRA is obligated to coordinate with
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MNDF Coast Guard, MPS, Maldives Customs Service, Maldives Transport Authority and
other relevant institutions for establishing an MCS system (AGO, 2019, p. 36).
According to article 57 of the Fisheries Act, it is an obligation for all the authorities which are
assigned duties to implement and enforce fisheries laws and regulations by MoFMRA. The
enforcement officers are explained in article 57 as those officers who have received training
and experience related to the work assigned. The enforcement officers of Coast Guard and
MPS are given the authority to board vessels and enter fish processing facilities without
warrants for the inspection and carrying out the duties assigned by MoFMRA (Article 59 and
60). In addition to this article 58 of the Fisheries Act allows MoFMRA to hire of Rangers for
the implementation and enforcement of fisheries laws and regulations. The duties and
obligations of Rangers have to be defined in regulation or guideline developed by MoFMRA.
The roles assigned to fisheries enforcement officers from MPS includes inspecting vessels to
check the licenses, fishing gear and seizing any equipment which can be used for illegal
activities. The fisheries enforcement officers of Coast Guard are assigned to board the fishing
vessels both in the Maldivian EEZ and in the high seas to check the seaworthiness certificate
and the fishing equipment. Also the officers of the Coast Guard are given authority to arrest
crew members of fishing vessels if they are engaged in a violation of the Fisheries Act and
regulations made under it (AGO, 2016, pp. 35-40).
Fishing vessel owners and fishers are obligated under Article 70 of the Fisheries Act to
cooperate and provide necessary information to rangers and enforcement officers. Article 72
of the Fisheries Act stipulates that fines imposed on foreign-flagged vessels found guilty of
violating the Fisheries Act will face twenty times higher fine than the amount mentioned in the
act. The violation of licensing requirements or fishing without license includes a fine of not
more than Maldivian Rufiyaa four hundred thousand (Twenty-five thousand nine hundred forty
US Dollars).The parties found guilty of violating the regulations formed under the Fisheries
Act are subject to a fine not more than Maldivian Rufiyaa five thousand (Three hundred twentyfour US Dollars) (AGO, 2019, pp. 41-47).
3.2.2 Commercial Fishing Regulations
MOFAMR issues fishing licenses according to “Regulation for Licensing Commercial Fishing,
Fish Processing for Exports and Aquaculture” (MOFAMR, 2009). The Commercial Fishing
License will be issued only for the types of fisheries decided by MOFAMR, and the licensees
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must not engage in any commercial fishing activity (Article 4). If an authorized party wants to
transfer the license to another party, it can be done after getting approval from MOFAMR.
The licensed fishing vessels are required to provide crew lists of the vessels while applying for
the license. In addition to this, MOFAMR has the right to reject license applications if the
vessels do not have seaworthiness certificates and health certificates (Article 14). According to
Article 24 of the regulation, the ministry may deploy a fisheries observer on board the longline
fishing vessels. The duty of the observer includes collecting information on fishing operations
(gear used, catch data, bycatch data), a record of sales of fish to the processing facilities, and
how data is recorded on the catch logbooks. The regulation mandates longliners to ensure their
fishing operations are in accordance with the provisions of the Fisheries Act, commercial
fisheries license regulation and the regulation on issuing longline fishing licenses. Therefore,
the violations of a provision of the two regulations of the Fisheries Act are dealt with by the
penalties mentioned in the “Commercial fisheries license regulation” (MOFAMR, 2009, pp.
4,6,7).
3.2.3 Employment Act, 2008
The Employment Act of 2008 is the first Statute on employment or labour rights in Maldivian
history, which was formed after several years of discussions among government agencies and
the ILO consultation in the drafting process. Provisions of Chapter 2 prohibit the forced labour
and discrimination of all kinds in the hiring and termination of employees and also while giving
wages and training. Chapter 4 prescribes in its provisions about the employment agreements,
working hours and right to leave and procedures for the termination of employment. The Act
further mentions the formation for a Labour Relations Authority and an Employment Tribunal.
While chapter 4 of the Act carries with it the most significant group of rights and benefits
enjoyed by employees, creating several duties upon the employer in matters such as dismissal,
disciplinary action etc. Section 34 of the Act excludes workers’ on-board vessels from the
scope of Chapter 4. Thus workers on board vessels do not enjoy the rights, benefits and
protections afforded according to Chapter 4, which essentially means that issues such as
working hours, overtime, holidays and dismissals without cause are not within the legislative
purview of protection afforded to workers in the seagoing vessels (AGO, 2008).
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3.2.4 Safety of vessels operating in Maldivian Waters Regulation
The “Safety of vessels operating in Maldivian waters” regulation formed by Maldives
Transport Authority applies to all the vessels that operate in the Maldives except the vessels
used by military personnel and those foreign vessels which have been given diplomatic
clearance (Articles 6 &7). The safety regulation addresses the detailed procedures for surveying
vessels for seaworthiness certificate. The regulation also mentions that seaworthiness
certificates must be issued for 1 year (TA, 2015). The inspection carried out before issuing the
seaworthiness certificate includes checking if the crew on board the vessels have a valid health
certificate and employment agreement. The regulation excludes fishing vessels to have
mandatory employment agreements (Jaleel & Grewal, 2017).
3.2.5 Anti-Human Trafficking Act 2013
The most significant milestone the Maldivian government has achieved in combatting human
trafficking is the Anti-Human Trafficking Act 12/2013. The Act was developed aiming to
achieve the international best practices which include three main components, which focus on
the prevention and criminalisation of forced labour and providing rehabilitation for victims.
The anti-human Trafficking Act is the first attempt in the legislative history of the country to
make trafficking in persons a criminal offence. The provisions of the act further criminalise
fraudulent recruitment also as an act of human trafficking. The objectives of the Anti-Human
Trafficking Act includes;
 Prevention of trafficking of persons through and across the country.
 Criminalising the acts of trafficking person and prescribing penalties.
 Enhancing the prosecution of alleged perpetrators of human trafficking.
 Promoting the rights of victims of human trafficking (AGO, 2013).
According to the Anti-Human Trafficking Act, the president of Maldives has established the
committee which oversees the work by authorities in combating human trafficking. The
committee includes the participation of government agencies, independent institutions and the
civil society. The fourteen members of the committee includes representatives from the Human
Rights Commission of the Maldives, Prosecutor General’s Office, Attorney General’s Office,
Department of Immigration, Ministry of Foreign affairs, Maldives Customs service, Maldives
Police Service, Labour Relations Authority, Ministry of Home Affairs, Ministry of Islamic
Affairs and a Non-Governmental Organization. The committee has no representative from
MoFMRA (The Bali Process, 2014).
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3.2.6 Employment Agency Regulation, 2016
The aim of Employment Agency Regulation is to regulate employment agencies which Help
Maldivians to get employment opportunities abroad and to help foreigners to get employment
in the Maldives. The regulation also ensures that the recruitment process is carried out without
affecting the rights of any employer and also the process is carried out according to provisions
of International Conventions on labour rights (Article 3). Parties which wish to operate as an
employment agency are required to obtain a permit from the Ministry of Economic
Development (Article 5). The regulation is implemented by the MED, LRA, MI, MPS,
Employment Tribunal and Courts of Maldives. The permits are not issued to parties who have
a record of violations of the Employment Act of 2008 and the Anti-human trafficking Act,2013
(Article 7). The permits issued to employment agencies are subject to be renewed every two
years, which requires a security deposit of 50,000 USD. According to the provisions of the
regulations, those agencies who are not compliant can be blacklisted and denied service from
any government authority. Regarding foreign employers, the law strictly prohibits the charge
of any fee directly or indirectly from any person who is being recruited (AGO, 2016).
3.4 Summary of the Chapter
The findings of this chapter reveal that ensuring labour rights and the occupational safety and
health of fishers in the Maldives, falls under the mandate of various authorities. MoFMRA,
which is responsible for regulating fisheries sector, must develop regulations to reduce
occupational accidents onboard vessels and procedures to investigate the accidents which occur
onboard fishing vessels. The development of manning standards and reporting mechanisms of
accidents that occur on-board fishing vessels will be an additional task assigned to MoFMRA
upon ratification of Convention No. 188. The current training department or training institution
of MoFMRA must focus on giving training to fishers rather than focusing on educating school
students. MTA currently has no inspectors employed to check the compliance of safety
regulations. Therefore, they must hire staff and train them accordingly. The Coast Guard should
improve cross-border cooperation and the exchange information, to eliminate illegal fishing
practices and violations of the convention. MED is the authority which makes decision to enter
into international conventions about employment and labour established mechanisms for
coordinating among relevant authorities at the national level. LRA will be required to develop
35
national safety standards. For compliance inspections required by Convention No. 188, the
authorities must provide the staffs appropriate training, safety equipment and authority to carry
out inspections. The national legislature discussed in the chapter presented the Fisheries Act,
2019 which is the primary legal instrument that regulates the fisheries industry in Maldives. It
was discovered that apart from obligating the MPAO to develop disability insurance schemes,
there are no provisions which require MoFMRA to develop regulations on improving the
working conditions and OSH of fishers. The safety related matters of seagoing vessels are
regulated by the safety of vessels operating in Maldivian water regulations. The issues related
to labour rights are addressed in Employment Act, 2008 where they are comprehensively
addressing the core labour rights. However, workers on seagoing vessels are excluded from
important provisions. The Anti Human Trafficking Act, 2013 and the Employment Agency
regulations stipulates the employment of expat workers in the country.
36
Chapter 4
Assessment of Ratifying and Implementation of Convention No.188
This chapter presents a comparison of Convention No. 188 against the current legislature of
the Maldives. The findings of this chapter is further elaborated in Chapter 5.
4.1 General Duties
According to Article 94 of United Nations Convention on Law of the Sea (UNCLOS), it is the
duty of each State to take necessary measures to ensure the safety of vessels which carry their
flags by keeping up to the requirements mentioned in international conventions regarding
labour conditions, training and the manning of ships. After the adoption of Convention No.
188, ILO gave importance to develop guidelines to Help both flag states and port states in
performing their duties (ILO, 2015; 2010). Convention No. 188 was developed by considering
the ILO’s eight fundamental conventions on labour rights. Maldives is already a party to those
conventions, and according to the legal system of the country international instruments are
referred by courts while interpreting labour rights. Also provisions of those conventions are
enacted into national laws and regulations. (Wisham, 2018).
4.2 Definitions
Part 1 of Convention No. 188 mentions the definitions and scope. Commercial fishing is
described as all fishing operations including fishing operations on rivers or canals. In the
Maldivian legislature, regulations for Licensing Commercial Fishing, Fish Processing for
Exports and Aquaculture define commercial fishing as fishing to export or to sell to an exporter.
Article 1 of Convention no. 188 defines the fishing vessel owners, fishers, skippers and fishers
work agreements. The Fisheries Act 14/2019 does not define the fishers work agreement but
article 88 defines fishing vessel owners, operators of fishing vessels, fishers. The role of a
skipper is defined in the convention as the fisher who has command of a fishing vessel while
in the Maldives, Regulation for Licensing Commercial Fishing, Fish Processing for Exports
and Aquaculture defines skipper as the person who is in charge of the decisions on a vessel’s
operations. The Fisheries Act 14/2019, in its article 88, further defines the masters of the
vessels. (ILO, 2007; MOFAMR, 2009; AGO, 2019).
37
4.3 Minimum Age
Part 3 of Convention No. 188 defines minimum requirements for work on board fishing vessels.
Article 19 of Convention No. 188 sets a minimum age to work onboard a fishing vessel as 16
years and also gives flexibility to the National Authority to reduce the minimum age to 15 years
old (ILO, 2007). In the Maldivian Employment Act, 2008, the minimum age of employment is
16 years. The provisions of the Act prohibit the employment of minors in working conditions
which might have a detrimental effect on their health, safety, education, and conduct. Also, the
Act requires the approval of guardians for the employment of minors and also prohibits making
minors work after 11 pm. The minors in employment are required to be registered at LRA and
if employed on a vessel minors should be subject to medical certificates issued by a medical
practitioner licensed by the government (AGO, 2008).
4.4 Medical Examination
Article 10 of Convention No. 188 mandates all fishers to have medical certificates which assure
that they are fit to perform their duties. Paragraph 2 of the article allows a competent authority
to exempt the requirement of such certificates by considering the duration of the voyage, size
of the vessel and the availability of medical Helpance to the vessel. However, this exemption
does not apply to vessels that remain at sea for more than three days or are above 24 meters in
length. According to paragraph 3 of article 10 of the Convention No. 188, for vessels which
remain at sea for more than three days and are above 24 meters in length the requirement is
compulsory (ILO, 2007). “Safety of vessels operating in Maldivian waters”. Regulation by the
Transport Authority makes it mandatory for vessels to present the medical certificate of its
crew as a part of the inspection for issuing seaworthiness certificates. The medical certificates
have to be issued by a health practitioner who has a license issued by the government (TA,
2015).
4.5 Manning and Hours of Rest
According to the provisions of Article 13 of Convention No. 188 member states are obligated
to ensure that fishing vessels are crewed safely and sufficiently for the safe navigation and
operation of the vessel. Convention No. 188 also obligates member states to ensure that fishers
enjoy sufficient periods of rest to guarantee their safety and health. Furthermore, article 14
mentions that for vessels of 24 meters in length and over, or those vessels which remain at sea
for more than three days, competent authorities set a minimum level of training and
38
qualifications to work onboard vessels. Also it specifies that fishermen on-board vessels which
are 24 meters and remaining at sea for more than three days must get a minimum of ten hours’
rest per day and a total of seventy-seven hours of rest per week (ILO, 2007). Article 32 of
Maldives Employment Act, 2008 mentions the maximum number of working hours per week,
but according to Article 34 fishers are exempt from provisions that specify the maximum
working hours (AGO, 2008).
Commercial fisheries license regulations by MoFMRA do not mention qualification or training
requirements of the fishers on board vessels (MOFAMR, 2009). However, according to MTA’s
“Safety of Seagoing vessels in Maldives” regulation, a minimum number of crew members are
allowed on a vessel are mentioned. The regulation obligates vessels to be operated by a captain
who holds a license to operate vessels and requires the presence of a marine mechanic. These
requirements are high for vessels which are above 24 meters in length (TA, 2015).
4.6 Crew List
Article 15 of Convention No. 188 requires the fishing vessels to provide a crew list to
competent authorities in the country and the vessels must have the crew list on the vessel (ILO,
2007). According to the “Regulation for Licensing Commercial Fishing, Fish Processing for
Exports and Aquaculture” the fishing vessel owner has to submit the crew list with the
application for a commercial fishing license (MOFAMR, 2014; MOFAMR, 2009). As of now,
there are no regulations which require fishers to report the crew list to MoFMRA or any other
agency before departing for a fishing trip.
4.7 Fisher’s work agreement
The provisions of Article 16 through article 20 of Convention No. 188 obligates member states
to make it compulsory for fishing vessel owners to form an employment agreement with the
fishers. The employment agreement should be formed by allowing fishers to review and seek
advice on the terms and conditions of the contract. A copy of the agreement must be given to
the fisher and a copy has to be accessible onboard the vessel and must be presented during
inspections (ILO, 2007). “Safety of Seagoing vessels in the Maldives” requires all vessels to
present valid employment agreements to vessel surveyors during inspections prior to issuing
seaworthiness certificates, but fishes are exempted from this clause (TA, 2015).
39
4.8 Repatriation
The provisions of article 21 of Convention No. 188 obligates fishing vessel owners to repatriate
fishermen as soon as possible upon the end of their contracts. Also, fishing vessel owners must
repatriate foreign workers if the employment contract is terminated by either the fisherman or
vessel owner for a justified reason (ILO, 2007). In Maldivian legislature, according to Chapter
4 of the regulation on “Recruitment of Foreign Laborers” repatriation costs must be paid by
the employer (Gazette MV, 2011).
4.9 Payment of Fishers
Article 23 of Convention No. 188 obligates fishing vessel owners to pay the salary of fishers
to monthly or other payment intervals agreed by the fishers and the vessel owner. Also,
provisions of article 24 mention that fishers must be allowed to send their salary or part of it to
their home without any costs (ILO, 2007). As per article 50 of the Maldives Employment Act,
2008 all employees other than temporary employee’s salary should be paid at least once a
month (AGO, 2008). In the Maldives, there is a “Masveriyaa” (Fishermen in Maldivian
Language) Card, and Digital Wallet introduced especially for fishermen to Help them in
making transactions and payments more conveniently through a unique card linked to a digital
wallet (MBR, 2019).
4.10 Accommodation and food
Articles 25 through 27 specify the need to improve a standard of accommodation and food
served on board the vessel. In Article 28, particular reference is given to Annex III concerning
the design and construction of fishing vessels, ventilation, sleeping rooms, laundry facilities
and sleeping rooms available onboard (ILO, 2007). In Maldivian legislature, MTA’s
“Regulations for Maldivian maritime vessels built in the Maldives” mentions the standard of
vessels. Chapter 7 of the regulation specifies that crew accommodation blocks on vessels
should have sufficient space and should be built by considering the health of crew members.
Specifically standards of the ventilation, area of sleeping beds, laundry facilities, toilets, food
quarters and availability of water are mentioned in the provisions of Chapter 7 (TA, 2017).
4.11 Medical Care
According to Convention No. 188, each fishing vessel must be equipped with sufficient
medical equipment onboard. It also mentions that at least one of the crew members should be
given the training to provide first aid or to use medical equipment. The convention also
40
prescribes the need for having communication equipment which should help the vessel to
connect to medical services ashore to receive advice. These provisions are already in the
Maldivian legislature through the regulation on “Safety of vessels operating in Maldivian
waters”. The regulation specifies the minimum number of medicine which should be available
on board the vessels and requires at least one crew member to have received first aid training
and the use of a medical car. In addition, it obligates the presence of communication equipment
on board to connect to medical services ashore in ordered to get advice when the need arises
(TA, 2015; ILO, 2007).
4.12 Occupational Safety and Health Protection
Article 31 of the Convention No. 188 stipulates that member states should adopt laws and
regulations or other measures to “the prevention of occupational accidents, occupational
diseases and work-related risks on board fishing vessels, including risk Assessment and
management, training and on-board instruction of fishers”. The article further prescribes the
obligations on fishing vessel owners, and the responsibility of the competent authorities to
investigate OSH related accidents. Article 73 of the Maldivian Employment Act, 2008
mentions that employers should implement measures for the safety and protection of
employees at workplace without taking any charge from them. Those measures include
providing protective equipment, training and education as well as regular health checks for
employees (AGO, 2008; ILO, 2007).
4.13 Social Security
The provisions of Article 34 through Article 37 of Convention No. 188 mentions that fishers
and their families have access to social security benefits (ILO, 2007). In the Maldives, social
protection is a constitutional right for all of its citizens. The “Regulation on Maldives
Retirement Pension Scheme” developed according to article 12 of the Maldives Pension Act,
mentions that every employer must enrol their employees in the retirement pension scheme.
Employers are obligated to contribute on behalf of their employees between 16 to 65 years of
age (MPA, 2013). Also the “Regulation on including Foreign Labourers in Maldives into the
Retirement Pension Scheme” obligates the employers to include all the foreign labourers in the
pension scheme (MPAO, 2018).
41
4.14 Protection in the case of work-related accidents
Convention No. 188 in the provisions of its Articles 38 and 39 stipulates that fishers must be
subject to medical care, compensation, medical insurance and other means of protection against
work-related accidents. In the Maldives, the Employment Act, 2008 in the provisions of Article
70 obligate the employers to provide the appropriate medical care for employees for the injuries
and accidents while on the job. Furthermore, article 75 gives employees the right to refrain
from any work which dangers their health and safety. The Employment Act does not obligate
employers to provide medical insurance to the employees (ILO, 2007; AGO, 2019). Article 10
of the Fisheries Act, obligates Maldives Pension Administration Office (MPAO) to develop a
disability insurance scheme for fishers by coordinating it with MoFMRA. The aim of this
scheme is to ensure the protection of fishers rights and providing social protection (AGO, 2019,
p. 10).
4.15 Summary of the Chapter
The comparison of Convention No. 188 against the current legislature of the Maldives in this
chapter reveals that existing legislature meets the key requirements. However, there are
amendments requiring the national legislature to fully enact the provisions of Convention No.
188. The Fisheries Act and commercial fishing license regulation include provisions which
define the key terms mentioned in Convention No. 188. The requirements of the convention
on minimum age, medical examination, medical care, social security, accommodation and
food, payment of fishers, Occupational Safety and Health Protection and repatriation are
already mentioned in the national legislature. However, to meet the requirements of
Convention No. 188, amendments are required to the national legislature to obligate fishing
vessel owners to present fisher’s work agreement and crew lists to the relevant authorities.
Also, compliance with manning standards and ensuring the right of seagoing workers to get
sufficient hours of rest as mentioned in Convention No. 188 should be enacted in the national
legislature.
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Chapter 5
Impacts on National Authorities, Legislature,
challenges and opportunities for Ratification and Implementation
This chapter discusses the findings of the assessment done to find out the impacts on legislature
and authorities upon ratification and implementation of Convention No. 188. A SWOT analysis
was carried out based on the literature review, the current capacity of authorities, national
legislature and findings of this research to present challenges and opportunities for ratification
and implementation of Convention No. 188.
5.1 Impacts National Authorities
If the Maldives decides to implement Convention No. 188, it will bring changes to the current
roles and obligations of the government authorities concerned with regulating the fisheries
sector and the labour rights of the fishermen. The authorities will have to carry out additional
duties as part of complying with the requirements of the Convention.
Findings of Chapter 3 revealed that the main focus of MoFMRA is on securing the resources
and mitigating the impacts on the marine environment, increasing the fisher’s income and
giving less importance to the human element. Though MoFMRA has a Training, Extension &
Promotion Sections, Fisheries Infrastructure Development Section it does not provide any
training for the fishermen. Convention No. 188 will make it an obligation for MoFMRA to
develop standards of training and also conduct training programs to train the fishermen. Current
requirements of fishing licenses must obligate fishing vessel owners to submit the employment
agreement of fishers. As an additional task, MoFMRA should obligate fishing vessel owners
to report accidents which occur on-board fishing vessels and also must investigate the
accidents. Crew lists, which are currently required only for application of the license, should
be communicated by the fishing vessels before leaving the port. The fishing vessels compliance
inspections conducted by MoFMRA should include broader requirements of Convention No.
188, which will Help to make the fishing industry less vulnerable to forced labour and human
trafficking (ICSF, 2013). In addition to this MoFMRA, it should develop a minimum
requirement to work on board fishing vessels. The development of long-term labour standards
reduces accidents at sea which are caused by fatigue. Also, the standardized recruitment of
crew members will reduce the chance for forced labour and human trafficking (ICSF, 2013, p.
4).
43
Findings in Chapter 3 further suggest that MTA, within its current mandate, complies with the
majority requirements of Convention No. 188. MTA should bring minor changes, such as
making it obligatory for fishing vessels. to submit fisher’s employment agreements and also
conducting inspections to ensure if vessels comply with the safety regulations.
LRA is required to develop a national safety standard policy and must train more staff to
conduct inspections on the fishing vessels as the authority is currently understaffed. For
compliance inspectors, LRA must provide sufficient safety equipment and delegate the
authority to carry out their duties. LRA is also required to set up mechanisms to investigate the
complaints they are expected to receive about the vessels which violate the requirements of
Convention No. 188. The reports of investigations must be published. The Coast guard, as a
border control agency, must coordinate with the cross border agencies of other countries to
gather intelligence information to Help relevant authorities to conduct inspections. If the Coast
Guard is delegated to conduct inspections, they must provide safety equipment and trained as
mentioned in Convention No. 188.
Maldives Immigration, as the responsible authority to protect the borders of Maldives,
currently meets with the requirements of Convention No. 188, which are related to foreign
fishers. The work visa for foreign labourers is obtained only through applications submitted by
employment agencies. The Immigration Department must coordinate with other government
agencies to ease their inspections by providing relevant information on the Work Visa. MED
has the mandate to enter into international conventions related to employment and labour; the
organisation must decide the competent authority or authorities to implement Convention No.
188 in the Maldives. Establishing the coordination among concerned national authorities, and
requesting technical Helpance from international organisations, will also be additional work
for MED. One of the main tasks assigned to national authorities will be the conduct of the flag
state and port state inspections, according to Convention No. 188.
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5.2 Impacts on the Legislature
Table 1 Assessment of Maldivian Legislature against key provisions of Convention No. 188
As presented in Table 1, dissertation writing service UK the Maldivian legislature is in line with the key provisions of
Convention No. 188. The assessment revealed that to incorporate Convention No. 188 into the
domestic law of Maldives, it requires some amendments to the national legislature. For
instance, MoFMRA should develop manning standards and training requirements of the fishing
45
vessels according to the requirements of Convention No. 188. The current requirement for crew
lists by MoFMRA is only used to verify information submitted with the applications for
commercial fishing licenses. Therefore amendments are required to commercial fishing license
regulations to obligate fishing vessels to report crew lists to designated authorities while
leaving for fishing trips.
Provisions of Convention No. 188 have set a minimum age of work onboard fishing vessels at
the age of 16 years while allowing national authorities to reduce it to 15 years. The Maldivian
Employment Act, 2008 in its provisions, have met with these requirements of the convention.
Also, the provisions of Convention No. 188 on OSH protection and medical care are covered
by the Employment Act of Maldives. However, one of the most significant provisions of
Convention No. 188 on the working hours and hours of rest covering fishers, is not enacted in
the Employment Act of Maldives. Although the Maldivian Employment Act has provisions on
the working hours and hours of rest, fishers are exempted from those provisions (AGO, 2008;
ILO, 2007). Thus, new provisions should be enacted to the legislation, or the current provisions
should be amended.
The requirements of Convention No. 188 for medical examination and standards for food and
accommodation of the crew members are already covered in this regulation. The health
certificates of fishers are checked as a requirement of the survey before the issuance of
seaworthiness certificate. The regulation currently requires employment agreements for all the
seagoing vessels but the fishing vessels are exempted (TA, 2015; ILO, 2007). To comply with
the provisions of Convention No. 188 the regulations must be amended to make it obligatory
for fishing vessels to present employment agreements.
46
5.3 The Challenges and Opportunities of the Ratification and Implementation of
Convention No. 188 in the Maldives: A SWOT Analysis
The following SWOT Analysis is based on a literature review, the current capacity of
Maldivian authorities and findings of impact assessments of the ratification and
implementation focused on both the legislature and the national authorities. The SWOT
analysis highlights the major strengths, weaknesses, opportunities and threats of the ratification
and implementation of Convention No. 188.
Table 2 SWOT Analysis on the implementation and ratification of Convention No. 188 in Maldives
47
If Maldives decides to ratify and implement the Convention, it will encounter challenges in the
administration. Also it will give opportunities for the country to improve the fishing sector.
From the findings of chapter 4 as discussed in 5.1 of this chapter, there are several provisions
in the national legislature of the Maldives that are already in line with Convention No. 188.
Also, the provisions of ILO’s eight fundamental conventions on labour rights which were taken
into consideration for developing Convention No. 188 are already enacted in the national
legislature (ILO, 2019).
The key requirements of Convention No. 188 on minimum age, medical examination, medical
care, social security, accommodation and food, payment of fishers, Occupational Safety and
Health Protection and repatriation are already mentioned in the national legislature. However,
enacting the provisions of Convention No.188 on manning standards and working hours might
be too onerous for the government. This is because the fishers and fishing vessel owners are
significantly influential over government officials. Since 2014 MoFMRA has initiated a
process of forming a new fisheries act, but the proposed fisheries bill took five years to get
approval from parliament. Even when the Fisheries Act, 2019 entered into force in September
2019 several provisions of the initial proposed fisheries bill were detached for the leniency of
the fishers before it entered into force. (Edition MV, 2019).
The warnings from the European Commission to MoFMRA after discovering the acts of human
trafficking and forced labour in the longline fishery has generated a political will within the
government. Following the warnings by the European Commission, which regulates the import
of fishery products to European countries, MoFMRA has decided to suspend the longline
fishery. It was also announced by MoFMRA that they will make new regulations for the fishery
(OEC, 2018; Peoples Majilis, 2019). This is an opportunity to develop the regulations and bring
necessary changes to comply with the requirements of Convention No. 188. However,
Maldives is well-known for its political instability and changing of government. There is also
a risk that if the process of adjusting the legislature might fail due to the political influence of
the fishers and fishing vessel owners.
While considering the long-term implementation of the convention, as a developing country
Maldives might face financial constrains in providing training for both fishermen and fisheries
inspectors. This will lead to the ineffectiveness of the implementation (White, 2016). The lack
of trained public officials will be challenged for all the authorities, which will be engaged in
the implementation of Convention No. 188. There are trained fisheries compliance officers in
48
MoFMRA, and Coast Guard and Maldives Customs Service, but they do not have the
knowledge to conduct inspections under the convention. (IOTC, 2015). With the limited
financial resources within the government, it will be a burden for training both the public
officials and fishers.
An enormous concern faced by the fisheries regulators around the world is the IUU fishing
vessels, which use the flags of convenience and engage in exploiting resources. These IUU
fishing vessels are known for exploiting labour rights. As mentioned by Vivekananda (2007,
p. 25) Convention No.188 has the potential to kick IUU vessels out of the industry. Therefore,
the country may seek technical Helpance from RFMO’s and international organizations such
as IOTC, BOBP, FAO, ILO to train the public officials. The Fisheries Act, 14/2019 focuses
more on the sustainability of resources and increasing the economic benefit from the industry
giving less importance to labour conditions and OSH issues in the fishing industry (JICA, 2018;
AGO, 2019, pp. 1-3). In addition to this, the labour related matters and fisheries administration
is managed by various institutions which lack coordination and coherence. These factors could
be a huge challenge while implementing the Convention No. 188 effectively.
The most prominent changes seen from the fisheries Act, 14/2019 is that it obligates MoFMRA
to strengthen cooperation and dialogue with the local councils and government agencies.
Article 15 of the Fisheries Act mentions that MoFMRA may form a Memorandum of
Understandings (MOU’s) and Standard Operating Procedures (SOP’s) for delegating the
authority of MoFMRA to other agencies, including the local councils for enforcing the
provisions of the Fisheries Act. If MoFMRA carries out the obligations according to the
Fisheries Act, 14/2019 it will help to solve the challenges of lack of coordination and coherence
(AGO, 2019, p. 11).
The certificate of compliance awarded under Convention No. 188 will facilitate the procedures
for local fishing vessels which land fish in foreign ports. It will be an added advantage for the
fishing industry of the country, as it is an objective of the Fisheries Act, 14/2019, to allow local
fishers to conduct fishing operations on the high seas and also allow fishing vessels to sell their
catch directly to other countries. (AGO, 2019, pp. 3-4). If Maldives ratifies and implements
Convention No. 188 the local fishing vessels will hold a certificate of competency issued under
Convention No. 188 will lessen the burden faced by fishing vessels which operate on the high
seas (ILO, 2012).
49
The flexibility clauses in Convention No. 188 enables the member states to implement several
provisions of the convention in a progressively manner. Also the flexibility in the
implementation of the convention will allow member States to comply with the requirements
by considering the characteristics of the fishing sector at the time of ratification.
Moreover, Convention No. 188 will strengthen the social dialogue in the industry to improve
things for the fishing community. As mentioned earlier, the comprehensiveness of the
provisions of the Convention address the OSH of fishermen in multiple ways will improve the
lives of fishers and also their families (ILO, 2012, p. 8). This will be an opportunity for
MoFMRA and other national agencies to promote the requirements of Convention No. 188.
Developing countries like Maldives, might face difficulties in the application of the provisions
of the convention due to the poor infrastructure and lack of human resources. As observed from
the LRA, it is clear that the obstacles faced by the authorities were developed by considering
these obstacles allowing developing countries to comply with the requirements such as crew
list, employment agreements, the need for medical certificates and risk Assessments and
protection against injury or death progressively (Vivekanandan, 2007).
The fisheries Act, 14/2019 gives the authority to MoFMRA to delegate authority to the Coast
Guard and MPS to enforce the provisions of Fisheries laws and regulations. Also the authority
given to enforcement officers, such as the boarding of vessels and fish processing facilities
without warrants and hot pursuits will Help to implement and enforce the provisions of the
Convention No. 188 (AGO, 2019, pp. 35-39).
According to statistics from MNDF (2019) a total number of 30 fatalities were recorded
onboard fishing vessels within the last ten years. Surprisingly there were no training programs
held by MoFMRA, or regulations developed which reveals a gap in the administration. While
implementing Convention No. 188, the member states will be required to provide training to
fishers. It was also highlighted by the US Department of States (2014) that a lack of National
Safety standards remains as an obstacle to ensure the safety of workers in the country. The
development of long-term labour standards will Help to reduce the accidents occur onboard
fishing vessels which are caused by fatigue. The improved labour standards will be helpful to
recruit crew members, which will reduce the chance of forced labour and human trafficking
(ICSF, 2013, p. 4).
50
5.4 Summary of the Chapter
The findings of this chapter reveal that the current legislature meets the key requirements of
Convention No.188, but require some amendments. The impacts on authorities were identified
as the hiring of more staff, providing training, improving the coordination between government
agencies, developing training programs, and forming new policies and standards on manning
fishing vessels. Challenges and Opportunities identified through the SWOT analysis prove that
Maldivian legislature has the capacity to meet the key requirements of Convention No. 188 and
it will be the largest advantage for the country while considering ratifying the convention. The
political will in the government and the flexibility clauses of Convention No. 188 will be
helpful for the country to overcome the financial constraints, which the country might face.
National authorities must focus on improving the coordination and cooperation as it was
identified that at present there is a lack of coordination. Lack of financial capacity will also
remain as huge challenge while the government focus to train the fishers and public officials.
By seeking Helpance from international organizations, it will help to overcome those
challenges. The political influence of fishers and fishing vessel owners will also be a challenge
while implementing the provisions of Convention No. 188. It was identified that Convention
No. 188 has the potential to eliminate the risk of IUU vessels which will be an immense benefit
for the Maldives. Also the social dialogue will help both the government and fishers to enforce
the laws and improve standards.
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Chapter 6
Conclusion and Recommendations
6.1 Conclusion
The concerns are rising over acts of human trafficking and forced labour in the fishing industry
globally. The literature review emphasized the increase in fatality rates and the presence of
forced labour and human trafficking in the Maldivian commercial fishing industry. Consequent
to this situation of the commercial fishing industry, the Maldives has received warnings from
the European Commission over the presence of forced labour and human trafficking in the
fishery business. Following the warnings, the government was forced to suspend the longline
fishery.
The motivation of this research was to enhance speedy ratification and implementation of
Convention No.188 which is the most comprehensive international instrument concerning
working conditions and the labour rights of fishers. The comparative analysis on Maldivian
legislature against provisions of Convention No. 188 revealed that the national legislature does
meet the majority of the key provisions of Convention No. 188. However, there are
amendments required to the national legislature to enact the key provisions of Convention
No.188 on fisher’s work agreement, crew lists, manning standards and working hours.
The analysis focused on studying the rising obligations for national authorities in the Maldives
suggested that national authorities will have additional roles and obligations upon ratification
and implementation of Convention No. 188. The main areas where the authorities should focus
were identified as efforts on developing manning standards and reporting mechanisms of
accidents that occur on-board fishing vessels. In addition to this, development of national safety
standards and the obligation for providing training and education will be an additional role for
the authorities.
The opportunities and challenges for Maldives in the ratification and implementation of
Convention No. 188 were also discovered in this study. The findings suggested that the lack of
coordination and coherence between various institutions presents challenges for progress. It
was also discovered that as a developing country, Maldives may face challenges due to the lack
of financial resources in training fishers and inspectors. However, the country’s strong
representation at RFMO’s and international organization will Help to gain aid from the
international community.
52
Though Maldives may face challenges in the implementation of Convention No. 188 due to
financial constraints or lack of human resources, flexibility clauses in Convention No. 188,
allows implementing several provisions progressively. The ratification and implementation
will also strengthen the social dialogue in the industry, which will be helpful to promote safety
standards and raise awareness among the fishing community.
Most of the incidents that occurred on-board fishing vessels are caused either due to fatigue or
lack of training. Therefore, the training requirements and manning standards of Convention
No. 188 will help to reduce the accidents and fatalities on-board fishing. It was discovered that
following the warnings from the European Commission, a political will has been generated in
the government to a certain extent. However, the influence of fishers and fishing vessel owners
remains a challenge for the government to improve OSH conditions and the labour rights of
fishers.
Considering the limited resources of the Maldivian archipelago and relevance of the fisheries
sector to the economy, any negative impact on the fishers OSH and working conditions will
have huge consequences on the country’s economy.
While the authorities focus on increasing the fishing effort, if the OSH issues and labour
conditions in the commercial fishing industry are not addressed it might lead to the downfall
of the commercial fishing industry. The solution for addressing increase in fatality rates and
other labour-related issues in the fishing industry is not banning fisheries or restricting fisheries
activities. The authorities must focus on developing a legal framework ensuring the labour
rights, occupational safety and health and working conditions of the fishers. Also being
certified as a fishery which complies with the international labour standards will be an added
advantage while promoting the fishery products around the world.
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6.2 Recommendations
Therefore, it is highly recommended for the Maldivian Authorities to;
 Initiate the process of amending domestic legislature and bring necessary changes to
the roles and obligations of the authorities to meet the requirements of Convention No.
188.
 Develop manning standards for working on board fishing vessels.
 Improve the coordination between relevant national authorities.
 Establish mechanisms to gather data on accidents that occur on board fishing vessels.
 Conduct awareness programs for fishermen and fishing vessel owners.
6.2.1 Future Research
The Occupational Safety and Health related issues and labour rights are closely tied to the
fisheries regulatory regimes. The future research should focus on analysing the indirect and
unintended risks generated from fisheries management policies towards the OSH of fishermen
as they have huge impacts on limiting the choice available for fishers to take risks.
54
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