The Work in Fishing Convention, 2007The union gain guide

The Work in Fishing Convention, 2007 represents an important victory for the most under-represented sector inthe world of labour. This convention didn’t just appear; it is through the coordinated action of the ITF and itsaffiliated unions that for the first time a comprehensive convention guaranteeing universal minimum standardsfor fishers could be negotiated. In addition to establishing universal standards, this convention explicitlyrecognises the hazards faced by fishers in the most dangerous occupation of the global economy.

For unions, the success of this convention is now dependent on fishers being informed of the key role that theITF and its affiliated unions played in drawing up the convention. Affiliates already organising fishers must makeclear that it was coordinated pressure and a global strategy that enabled this key set of minimum standards forfishers to be achieved. It is also necessary that all relevant unions develop strategies to increase and strengthenthe ITF’s representative base in the industry.

At the time of writing this guide, only three countries had formally ratified the convention and governments hadyet to fully invest in this essential piece of legislation. The structure and nature of fishing, whether it is small-scale sustenance fishing, or large-scale industrial fishing, makes it one of the most difficult industries to governand has led to high levels of reported abandonment, trafficking, child labour, forced labour and illegal unreportedand unregulated (IUU) fishing. There is also a reported death rate of 23,000 fishers per year.

Within the commercial fishing industry, fewer than 80 ITFaffiliates represent fishers. Of the 15 million fishers at sea inthe commercial arm of the sector, less than one per centholds the benefit of union protection. It is a well-known factthat unions and their ability to hold employers andgovernments to account through negotiation andrepresentation are significant in the improvement of pay,conditions and safety.

It is critical, therefore, that we use this unique opportunity tosupport fishers to organise into independent unions that areable to pursue ratification, implementation and enforcementof the convention in countries around the globe. We havemany options available to achieve this: forming new unions;expanding coverage of existing unions; forming alliances withalternative representative bodies around common goals; andestablishing alternative structures to bodies that do notprovide independent representatives.

While the ITF is the only global union federation that has constitutional coverage of workers in the fishingindustry and is actively working towards improving its coverage, none of this is the direct responsibility of the ITF;it is the responsibility of existing and future affiliates.

The industry has undergone a transformation over the last few decades; its structure and models of ownershipand influence have changed dramatically. Many of the big players in this industry do not own a fleet, nor do theydirectly catch fish. Yet their commercial decisions influence our members’ pay, conditions and access tooccupational safety.

To enable affiliates to be in a position to represent fishers properly, we need to change the way we work. Wehave to work on our vessels and in our ports to recruit fishers directly and help them ensure compliance of theirworkplace with international standards. We have to work with our governments and policy makers to pursueratification, implementation and enforcement of the convention and lobby for sustainable fishing policies thatare as much about longevity of work for fishers as they are about resources for the planet.

We also have to work collectively around the globe to tackle the big industrial players and to ensure that allcompanies are enforcing labour standards throughout their supply chain.

Radically, due to both the structure of the industry and the levels of union coverage within it, the ITF isattempting an innovative approach to developing powerful unions in the sector by entering into a formal

partnership with its sister global union federation, theInternational Union of Food, Farming and Hotel Workers (IUF).The IUF represents another core constituent in this sector,workers in processing plants, who are equally under-represented in the union movement. This partnership isspecifically to expand our active membership base and increasethe power of workers in the sector to achieve improvements.

The purpose of this resource is to provide some ideas thataffiliates and other representative bodies can use to ensurethat all fishers are aware of the convention. It is important thatfishers are informed of the convention’s contents and theirentitlements under it. This resource also includes ideas for you,as affiliates, to implement in order to see the benefits of yourhard work in the form of increased union membership levelsand increased activity in your flag states, on board the fishingvessels in your ports that you cover now and in the future.

It is necessary from the outset to make sure that emphasis is put on the minimum standards achieved and thatthese are put into the context of working towards negotiating improvements above the minimum wherepossible. In this situation, the more power a union has, ie the more members, active reps and industrialintelligence, the more influence it has in any negotiations.

This resource is intended to provide ideas and suggestions, some of which may be of use, some of which you mayalready be actively involved in, and some of which wouldn’t be relevant to your union. All the suggestions can beused in isolation from each other. However, there are three key opportunities to build union power and activitythat are a running theme throughout this guide.

• Increasing the number of union members and expanding collective bargaining coverage in companiesaround the globe.

• Increasing trained and involved representatives participating in union activity and representing workers andaffiliates at local, regional, national and international levels.

• Accumulating leverage and evidence to influence successful outcomes inall negotiations and governance forums.

Further information can be found on the ITF websitewww.itfglobal.org/fish, the seafarers’ website, from your ITF inspector, themaritime union development programme supervisor based in ITF House inLondon, the ITF/IUF fisheries programme manager, the ITF OrganisingManual and the ITF Developing Strategic Campaigns Manual.

Section 1Publicising the Work in Fishing Convention

The convention is a huge victory for fishers worldwide. One of the most important elements of any unionvictory is to ensure that union members and potential members all know that unions had a major role in theachievement. To do this, it’s important to ask which audiences would require what information and why.

The Work in Fishing Convention gives unions:• An opportunity to demonstrate union credibility and relevance in the sector.• An opportunity to demonstrate coordinated international power of the labour movement. • An opportunity to raise the profile of unions through publicising gains of the Work in Fishing Convention.

Organising opportunity Publicising the union role in negotiating the Work in Fishing Convention.

The basic premise for these communications is to emphasise the union’s key role in achieving improvements inminimum standards and ratification where applicable, and in giving the convention the union “stamp”.

The convention’s structure allows it to be ratified, implemented and enforced by those countries that aremember states of the International Labour Organization (ILO). Negotiations will take place at national level overthe content of domestic legislation. We must ensure that all monitoring systems and enforcement mechanismsare designed to empower workers and representatives to become actively involved in unions in the longer term.

QuestionsQ. Has your union already published the adoption of the convention and demonstrated to fishers what the role

of union leadership has been in securing the outcomes?

Q. Has there been any information provided to fishers by employers? If so, has the union made clear that thegain is a union win and not a gift from employers or governments?

Q. Has a joint statement gone out from your union and any employers that you bargain with and/or thegovernment? If so, did this make clear that not only are there minimum standards but that there are also newand systemised pathways to make complaints under the minimum standards agreement?

Example 1: Press releaseThe National Fisheries Union puts a press release into major newspapers giving an overview of the conventionwith a public interest angle. In this case, it highlights the protection of workers who face the greatest danger ofany workers to provide food for the nation.

Through the ratification of minimum labour standards, vessel owners will be held to greater account to ensurethat workers have access to safety standards and living conditions that are consistent across the globe. Thisprovides other categories of workers with a view of the benefits of global labour organisation and introduces theframework to fishers and their families through a different medium.

Example 2: Non-fisheries unionsThe Port Union Executive Committee agrees to make sure there is information available in all communal areassuch as seafarers’ centres, medical centres or other communal areas. The National Seafarers’ Union providesthem with a leaflet that gives both an outline of the minimum rights secured through the ITF’s participation inthe global negotiations and an application form (or other means) to give fishers who are not members of theunion, the opportunity to join and create new structures within the union.

Considerations for unionsWhen promoting the gains contained in the convention, affiliates should consider:

• How they can raise the union’s profile, involve members and recruit non-members, thereby increasingpower in all implementation, compliance and enforcement negotiations.

• The mechanisms and tools that unions could use for promoting the union and the convention (localmeetings, websites, links to ITF pages, newsletters).

When educating members as to the content of the convention unions should also reflect on:

• How members can participate in pursuing ratification and monitoring the implementation andenforcement of the convention.

Where there have been breaches and the union has won victories for fishers, it is also important to consider:

• How to gain maximum publicity for union wins.

Where unions do decide to pursue a publicity strategy, it is vital to consider:

• How to work constructively with those in the sector who don’t agree with the content of the conventionand would actively oppose ratification. For example, small-scale and owner-operator vessels may see thecontent as a threat to their commercial viability. Unions need to be clear on the scope and coverage ofthe convention and its impact on the broader industry.

Section 2Educating fishers

The responsibility for understanding and enforcing the contents of the convention lies not just with unions butwith all fishers. ITF affiliates are in the unique position of being able to make sure that fishers have access tothe information and can put in place training and education workshops to increase understanding and to buildmembership.

The content of the convention provides unions with:• An opportunity to build methodical systems of access to fishers in every port and on every fishing vessel.• An opportunity to increase the number of representatives on fishing vessels and in ports.• An opportunity to consider membership packages for skippers to address their unique responsibilities under

the terms of the convention.• An opportunity to work with the port and flag state and the ITF inspectorate team to create a national

system of inspections.

Organising opportunity Educating and empowering members and potential members as to the content of the convention and how toenforce individual and collective rights and deal with breaches.

As part of this resource pack, the ITF has created explanatory notes and presentations that summarise theconvention. These can be adapted and used to suit any audience, depending on the location and timing of anyworkshops organised for fishers’ education.

In addition, the ITF has produced a model collective bargaining agreement (CBA) that can be used as a resourcefor unions and fishers to organise and obtain collective access to the contents of the convention. The model CBAwill also be supplemented with an appendix that can be used to build unions within companies that have bothcatching and processing workers.

Example 1: Fisher’s work agreementThe convention specifies that every fisher has the right to expect a work agreement that they can understand andthat as a minimum is consistent with the content of the convention. The convention specifies that the member stateshall ensure procedures are in place for fishers to obtain advice on the content of their work agreement.

This fundamental right gives unions the opportunity to build a structure of fishers’ advisors who could be shopstewards/union representatives. This also gives unions the opportunity to ensure that there are suitable trainingcourses available. This will achieve a new cadre of experts within the union on fishers, giving them a role in theunion and involving them in union activity and democratic structures.

This is an opportunity to provide relevant information and training to existing union representatives who haveaccess to fishers. It also enables unions to identify the companies that do not yet have union coverage and tooffer this facility to fishers employed by them. This will demonstrate the union value to new areas of theworkforce, thereby encouraging membership.

Example 2: Women fishersTo increase the participation and representation of women in the union, an opportunity could be extended towomen fishers to hold workshops at a national, regional or local level reviewing any differences in therequirements of the convention in respect of issues specific to women fishers.

Example 3: Implementation and monitoringEducation for fishers is paramount to the successful implementation of the convention in each member countryon several levels. It ensures that all fishers are aware of their entitlements. It guarantees that there is full supportfor any national negotiations being undertaken (see section 3). It also provides an ongoing sample of workerswho can help with monitoring and evaluation. Evidence of general issues relevant to the flag state can helpdetermine the scope and emphasis of national negotiations.

These can best be found by speaking directly with fishers through port- or community-based educationworkshops around the content and rights contained within the convention.

Each affiliate can determine the best location and timing for these workshops, based on their experience ofvessels coming through the port, particular companies that may be targets for negotiating CBAs as part of unioncapacity building programmes, or even companies where there are CBAs in place providing income through theagreement but without significant union membership.

Example 4: The role of skippersThis convention is unique in its identification of skippers’ obligations as being distinct from those of companiesand fishers. While companies owning the vessel will continue to hold full accountability for compliance under theconvention, the skipper also has the right to make decisions to protect crews, even if the company disagrees.

This continues to placeskippers in a potentially moreprecarious position and givesunions the opportunity toconsider how they cansupport skippers as a distinctcategory of workers, forexample, by creating distinctmembership packages. Thiscould include access toemergency legal advice incases of conflict between thewishes of the company andthe skippers’ judgement onthe safety of the crew.

Section 3 Negotiating and the Work in Fishing Convention

The Work in Fishing Convention gives workers who have the most hazardous working conditions access tofundamental employment rights consistent across the globe. In order to achieve this, there must be a radicalshift in government approaches to commercial and industrial fishing, especially where there are large factoryvessels participating in trans-shipment and when long periods are spent at sea.

The Work in Fishing Convention provides unions with:• An opportunity to involve members in lobbying for ratification.• An opportunity to ensure minimum standards for training, recruitment and placement.• An opportunity to involve members in monitoring the implementation of the convention. • An opportunity to make sure that there is systematic enforcement of the provisions of the convention and

that these are used to build union coverage and capacity to win improvements.

Organising opportunityThe convention makes specific provisions not only for minimum standards but also for member states todevelop and implement systems to ensure enforcement and compliance. The inspection of fishing vessels (andfive-yearly re-validation), workers’ agreements and the right to receive advice, as well as recruitment andmedical standards are excellent ways for unions to get more involved in negotiating access to fishers anddeveloping levels of unionisation and representation within the industry.

Such compliance is not only a government responsibility but a corporate responsibility and gives unions theopportunity to open negotiations with companies directly, to win agreements that provide workers with accessto, at the very least, the minimum terms set out in the convention, irrespective of governmental ratification.

Example 1: Participating in fishers’ adviceAs outlined in Section 1, the provisions within the convention enable unions to lobby governments to ensure thatthe system in place enables fishers who need advice on the content of their work agreement to receiveindependent and easily obtainable advice. The union has the ability to negotiate for port-based advisors trainedand able to do this.

Any systems created to resolve disputes should ensure that fishers have the right to representation by arecognised body, including their trade union, if required. Unions then have the opportunity to ensure that fishersare aware of their right to representation and that suitably qualified reps are on board vessels and in ports toprovide this.

Example 2: Establishing inspections systemsThe member state has the responsibility to ensure that all vessels flying its flag meet the requirements of theconvention. The ability of unions to influence the working conditions of fishers is further supported by the needfor flag states to employ enough inspectors to carry these inspections out.

Unions can use creative ways to gain access to fishers under the terms of the convention as flag states canauthorise other bodies to carry out these inspections. The ITF already has a well-developed approach to vesselinspections through the ITF inspectorate team employed throughout the globe. Unions are in a position tonegotiate access to fishers by being one of the bodies that governments authorise as competent. This wouldfacilitate access to vessels, provide recognition for the union as an expert in the field and increase credibility.

Any training for inspectors appointed for these purposes could also be made available for union officers whowish to become more involved.

A note of caution for unions when considering this approach: unions will need to make a choice as to whetherformally participating in government-developed training would be appropriate in their circumstances. Some unionsmay find that fishers would then consider the union to be part of the state. There is also the facility to establishtripartite training through the ILO and the ITF would be able to support union efforts in accessing this in the future.

Example 3: Working with port communities and unionsITF policy on the use of port state control is clear. The implementation of strong port state control is seen anessential component of the convention’s success. Unions can again be creative in their approach to ensuring thatthere are systems of support and training for port state officers to enable them to enforce compliance from allfishing vessels entering ports.

Unions can use this as a mechanism for accessing fishers in ports. By working with port authorities and buildingrelationships at a local level, unions could negotiate a position for a fishers’ representative on port welfareboards (a provision of the Maritime Labour Convention) or the board of any other port-based authority.

This would provide unions with a small team of trained representatives in ports – fisheries advisors, welfareboard representatives and inspectors. All of these can be negotiated through governments and port authoritieswith agreements for pay, time off and scope of the role.

The roles, if not union-specific, aim to build a picture of port activity in the fishing sector and to promote the roleof the union in developing the provisions and the protection systems in place.

Section 4Campaigning for adoption, compliance and enforcement

Many unions will find governments, companies and other sectors of the industry actively oppose the content ofthis convention and their negative stance will mean campaigning for the right for all fishers to achieve at least theminimum standards is going to be a long and difficult process. It is, however, one we can and should win.

Of all the conventions fought for over the years, this may well prove to be one of the most difficult to obtainratification and enforcement of due to the current absence of genuine regulation in the fishing industry in manyareas of the globe.

We are aware that this is a complex industry with many viewpoints, some of which clash with our own. Weaccept that the debate around sustainability and environmental protection is one that will have an impact on us.However, despite the complexities, we need to keep our message clear:

The ITF and the IUF want to ensure that within the fish supply chain, labour standards and fundamental livingconditions are met.

Organising opportunityThe non-adoption or adoption and, therefore, implementation, of the Work in Fishing Convention presentsunions with issues around which to mobilise support and build union organisation. However, before beginning tocampaign unions should think seriously about:

• How to assess existing union strength, internally and externally. This should also include the capacity ofthe union to be able to demonstrate to other parties that it is an independent and competentrepresentative of fishers.

A direct consequence of this should lead unions then to reflect on:

• How they can win support from potential allies, nationally and internationally.

As well as:

• How they can win support from potential single-issue supporters, nationally and internationally.

Crucially, affiliates, prior to kick off, also need to assess:

• How best they can gauge support from members and potential members and identify ways in which theycan begin to increase awareness, support and members’ participation in the campaign.

When considering the above, ITF affiliates should also cooperate with the ITF and sister unions in identifying andimplementing best practice.

Example 1: Campaigning for ratification/adoptionThe Work in Fishing Convention covers a range of important issues, most notably:• Minimum requirements for working on board fishing vessels• Employment standards• Living and food standards• Compliance and enforcement.

In addition, the convention has a set of recommendations that expands on the provision and encouragesimprovements to the basic provisions the convention outlines. Unions have an opportunity to gather informationfrom port welfare committees, fishers’ organisations and their own members, to evidence current conditions andshow the difference between the International Labour Organization’s minimum requirements and current payand conditions.

This is no easy task and, due to the nature of the industry, the collection of evidence will need to be planned andtargeted thoroughly. Unions deciding to take this action have a wealth of resources from their national centres,the ITF and the IUF to help support this. A pilot campaign run as part of the fisheries programme has developed achecklist to support unions considering visiting fishing vessels.

There are countries where much work has already been undertaken and evidence from them is available already.More information is available from the ITF/IUF fisheries team and ITF fisheries secretariat.

This evidence can be collated into a report and presented to the bodies responsible for governance in theindustry to negotiate the need for ratification and strong compliance systems to enforce the minimum standardswith companies operating vessels in the area.

Where governance bodies still refuse to accept the need for ratification, unions can then use the media topublish the evidence and to press locally elected representatives to advocate ratification at a national level.

Example 2: Campaigning for inspections of vessels Under the convention, flag states are responsible for ensuring that there are enough people employed to carryout inspections of vessels. This will require campaigning for inspection methods, personnel and the right toboard vessels that are sailing under the flag of the country.

All evidence (see example 1) will demonstrate the impact on fishers and their families and communities whenminimum standards are not complied with. In extreme cases, where there has been a death, the media may beinvolved and contact can be made with relevant investigating agencies to highlight evidence. This will also applypressure on governments to ratify the convention and ensure the relevant certification requirements areimplemented. The convention’s recommendations are that repeat inspections occur along agreed timescales upto a maximum of five years or less.

Example 3: Campaigning for corporate social responsibilityAll companies require fishing licences to catch fish for export and retail. Each country receives a quota of fishand/or fishing time from the regional fisheries management organisations that are then issued to companies toallow them to fish within their exclusive economic zone (EEZ).

In addition to the rules on catch and time in the waters, some countries attach further conditions to the licences.These can include agreements on compliance with the employment laws of the land, employment of a specificnumber of workers from that country, and investment in other areas of society, such as schools or infrastructureprogrammes.

In all of these cases, there exists the potential to force a company to improve its terms and conditions forworkers on the leverage gained through compliance or through the agreements made with the country.

Where companies are complying with their agreement under the allocation of the licence, this can also provideunions with an opportunity to pursue improvements to terms and conditions through a campaign whichdemonstrates how well a company is behaving in one area, but not in relation to the workers they employ.

Again, gathering evidence and considering complaints under national employment laws, international disputesprocedures and any other mechanisms, companies can be held to account with the threat of publicity aroundtheir treatment of workers. This is particularly important to those companies who have certification from theMarine Stewardship Council or other regulators of sustainable fishing.

Example 4: Enforcing working and living conditions – brand attackAs mentioned at the beginning of this guide, not all companies exporting and retailing fish products will havecaught the fish. In some cases, they will not even have processed the fish. However, their commercial viabilitydepends on their ability to sell their product. Therefore, this supply chain is extremely important.

The supply chain begins at source with the allocation of fishing licences and those who fish on behalf of thecompanies who ultimately retail the fish.

Some organisations have already developed systems to follow the fish through the supply chain and many othersare in the process of developing them. Unions are in the unique position of working directly with fishers onboard vessels and workers in processing plants to identify where the fish has come from and where it is moved.

This also means that we have the capacity to work out where fish is ultimately retailed and under which brandname.

Where we are able to establish that there are poor living and working standards on board fishing vessels, inaddition to campaigning for governance bodies to ratify, implement and enforce the convention, unions can alsopressure retailers and consumers to boycott products that end up on supermarket shelves.

This is a time-consuming and costly campaigning method but one that, in our global environment, is becomingincreasingly necessary in order to hold companies to account.

Unions using this model of campaigning will need to work closely with partner organisations such as non-governmental organisations, the media, researchers and sister unions in other countries where the supply chainis included.

Final words

In all of the examples given in the guide, it is important to note that there are many unions already using thesemethods; there are many unions already pursuing ratification, and there are many unions working with the ITF/IUF fisheries programme to highlight policy and governance in the industry and build stronger unions within it.

Many studies have been carried out on the sustainability of fish as a resource, on methods to establish enduringmarine conservation zones, on fishing methods that are more acceptable to consumers, on how to minimisediscards when fishing, right through to systems being established to endorse companies that comply with certainfishing standards.

The workers in the industry do not currently have this level of scrutiny or support. We have a unique opportunityto work with fishing communities at whatever level to establish and monitor it.

The nature of fishing means that many communities will not want or support ratification of this convention. Theywill also have strong views about the corporate role in fishing and the removal of local licences in favour ofcorporations. We have to develop a narrative within our campaigns that manages to bring all parties in theindustry together.

We have to do this so that those who need the protection and benefits of union strength can receive it; so thatcorporations who profit from the sea’s resources and from fish farms are held to account and made to put someof their profits towards improving the working and living conditions of fishers; and so that governments realisethat only through stringent enforcement of working and living standards for fishers will we ever truly be able toeradicate forced labour, child labour, illegal, unreported and unregulated fishing and all other practices that bringthe industry into disrepute.