Organising Guide

The Work in Fishing Convention, 2007 The union gain guide The Work in Fishing Convention, 2007 represents an important victory for the most under-represented sector in the world of labour. This convention didn’t just appear; it is through the coordinated action of the ITF and its affiliated unions that for the first time a comprehensive convention guaranteeing universal minimum standards for fishers could be negotiated. In addition to establishing universal standards, this convention explicitly recognises 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 the ITF and its affiliated unions played in drawing up the convention. Affiliates already organising fishers must make clear that it was coordinated pressure and a global strategy that enabled this key set of minimum standards for fishers to be achieved. It is also necessary that all relevant unions develop strategies to increase and strengthen the ITF’s representative base in the industry.

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

Within the commercial fishing industry, fewer than 80 ITF affiliates represent fishers. Of the 15 million fishers at sea in the commercial arm of the sector, less than one per cent holds the benefit of union protection. It is a well-known fact that unions and their ability to hold employers and governments to account through negotiation and representation are significant in the improvement of pay, conditions and safety.

It is critical, therefore, that we use this unique opportunity to support fishers to organise into independent unions that are able to pursue ratification, implementation and enforcement of the convention in countries around the globe. We have many options available to achieve this: forming new unions; expanding coverage of existing unions; forming alliances with alternative representative bodies around common goals; and establishing alternative structures to bodies that do not provide independent representatives.

While the ITF is the only global union federation that has constitutional coverage of workers in the fishing industry 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 ownership and influence have changed dramatically. Many of the big players in this industry do not own a fleet, nor do they directly catch fish. Yet their commercial decisions influence our members’ pay, conditions and access to occupational safety.

To enable affiliates to be in a position to represent fishers properly, we need to change the way we work. We have to work on our vessels and in our ports to recruit fishers directly and help them ensure compliance of their workplace with international standards. We have to work with our governments and policy makers to pursue ratification, implementation and enforcement of the convention and lobby for sustainable fishing policies that are 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 all companies 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 is attempting an innovative approach to developing powerful unions in the sector by entering into a formal

partnership with its sister global union federation, the International Union of Food, Farming and Hotel Workers (IUF).

The IUF represents another core constituent in this sector, workers in processing plants, who are equally underrepresented in the union movement. This partnership is specifically to expand our active membership base and increase the power of workers in the sector to achieve improvements.

The purpose of this resource is to provide some ideas that affiliates and other representative bodies can use to ensure that all fishers are aware of the convention. It is important that fishers are informed of the convention’s contents and their entitlements under it. This resource also includes ideas for you, as affiliates, to implement in order to see the benefits of your hard work in the form of increased union membership levels and increased activity in your flag states, on board the fishing vessels 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 that these are put into the context of working towards negotiating improvements above the minimum where possible. In this situation, the more power a union has, ie the more members, active reps and industrial intelligence, 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 may already be actively involved in, and some of which wouldn’t be relevant to your union. All the suggestions can be used in isolation from each other. However, there are three key opportunities to build union power and activity that are a running theme throughout this guide.

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Increasing the number of union members and expanding collective bargaining coverage in companies around the globe.

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

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

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

Section 1 Publicising the Work in Fishing Convention The convention is a huge victory for fishers worldwide. One of the most important elements of any union victory is to ensure that union members and potential members all know that unions had a major role in the achievement. 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 in minimum 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 are member states of the International Labour Organization (ILO). Negotiations will take place at national level over the content of domestic legislation. We must ensure that all monitoring systems and enforcement mechanisms are designed to empower workers and representatives to become actively involved in unions in the longer term.

Questions

Q. 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 the gain 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 the government? If so, did this make clear that not only are there minimum standards but that there are also new and systemised pathways to make complaints under the minimum standards agreement?

Example 1: Press release

The National Fisheries Union puts a press release into major newspapers giving an overview of the convention with a public interest angle. In this case, it highlights the protection of workers who face the greatest danger of any workers to provide food for the nation.

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

Example 2: Non-fisheries unions

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

Considerations for unions

When promoting the gains contained in the convention, affiliates should consider:

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

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

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

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

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

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How to gain maximum publicity for union wins.

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

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

Section 2 Educating fishers The responsibility for understanding and enforcing the contents of the convention lies not just with unions but with all fishers. ITF affiliates are in the unique position of being able to make sure that fishers have access to the information and can put in place training and education workshops to increase understanding and to build membership.

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 to enforce individual and collective rights and deal with breaches.

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

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

Example 1: Fisher’s work agreement

The convention specifies that every fisher has the right to expect a work agreement that they can understand and that as a minimum is consistent with the content of the convention. The convention specifies that the member state shall 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 shop stewards/union representatives. This also gives unions the opportunity to ensure that there are suitable training courses available. This will achieve a new cadre of experts within the union on fishers, giving them a role in the union and involving them in union activity and democratic structures.

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

Example 2: Women fishers

To increase the participation and representation of women in the union, an opportunity could be extended to women fishers to hold workshops at a national, regional or local level reviewing any differences in the requirements of the convention in respect of issues specific to women fishers.

Example 3: Implementation and monitoring

Education for fishers is paramount to the successful implementation of the convention in each member country on several levels. It ensures that all fishers are aware of their entitlements. It guarantees that there is full support for any national negotiations being undertaken (see section 3). It also provides an ongoing sample of workers who can help with monitoring and evaluation. Evidence of general issues relevant to the flag state can help determine the scope and emphasis of national negotiations.

These can best be found by speaking directly with fishers through port- or community-based education workshops 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 of vessels coming through the port, particular companies that may be targets for negotiating CBAs as part of union capacity building programmes, or even companies where there are CBAs in place providing income through the agreement but without significant union membership.

Example 4: The role of skippers

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

This continues to place skippers in a potentially more precarious position and gives unions the opportunity to consider how they can support skippers as a distinct category of workers, for example, by creating distinct membership packages. This could include access to emergency legal advice in cases of conflict between the wishes of the company and the skippers’ judgement on the 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 to fundamental employment rights consistent across the globe. In order to achieve this, there must be a radical shift in government approaches to commercial and industrial fishing, especially where there are large factory vessels 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 opportunity

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

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

Example 1: Participating in fishers’ advice

As outlined in Section 1, the provisions within the convention enable unions to lobby governments to ensure that the system in place enables fishers who need advice on the content of their work agreement to receive independent and easily obtainable advice. The union has the ability to negotiate for port-based advisors trained and able to do this.

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

Example 2: Establishing inspections systems

The member state has the responsibility to ensure that all vessels flying its flag meet the requirements of the convention. The ability of unions to influence the working conditions of fishers is further supported by the need for 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 can authorise other bodies to carry out these inspections. The ITF already has a well-developed approach to vessel inspections through the ITF inspectorate team employed throughout the globe. Unions are in a position to negotiate access to fishers by being one of the bodies that governments authorise as competent. This would facilitate 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 who wish to become more involved.

A note of caution for unions when considering this approach: unions will need to make a choice as to whether formally participating in government-developed training would be appropriate in their circumstances. Some unions may find that fishers would then consider the union to be part of the state. There is also the facility to establish tripartite 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 unions

ITF policy on the use of port state control is clear. The implementation of strong port state control is seen an essential component of the convention’s success. Unions can again be creative in their approach to ensuring that there are systems of support and training for port state officers to enable them to enforce compliance from all fishing vessels entering ports.

Unions can use this as a mechanism for accessing fishers in ports. By working with port authorities and building relationships at a local level, unions could negotiate a position for a fishers’ representative on port welfare boards (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, welfare board representatives and inspectors. All of these can be negotiated through governments and port authorities with 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 role of the union in developing the provisions and the protection systems in place.

Section 4 Campaigning for adoption, compliance and enforcement Many unions will find governments, companies and other sectors of the industry actively oppose the content of this convention and their negative stance will mean campaigning for the right for all fishers to achieve at least the minimum 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 obtain ratification and enforcement of due to the current absence of genuine regulation in the fishing industry in many areas of the globe.

We are aware that this is a complex industry with many viewpoints, some of which clash with our own. We accept 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 living conditions are met.

Organising opportunity

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

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

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

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

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

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

As well as:

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

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

Example 1: Campaigning for ratification/adoption

The 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 encourages improvements to the basic provisions the convention outlines. Unions have an opportunity to gather information from port welfare committees, fishers’ organisations and their own members, to evidence current conditions and show the difference between the International Labour Organization’s minimum requirements and current pay and conditions.

This is no easy task and, due to the nature of the industry, the collection of evidence will need to be planned and targeted 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 a checklist 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 the industry to negotiate the need for ratification and strong compliance systems to enforce the minimum standards with companies operating vessels in the area.

Where governance bodies still refuse to accept the need for ratification, unions can then use the media to publish 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 carry out inspections of vessels. This will require campaigning for inspection methods, personnel and the right to board 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 when minimum standards are not complied with. In extreme cases, where there has been a death, the media may be involved and contact can be made with relevant investigating agencies to highlight evidence. This will also apply pressure on governments to ratify the convention and ensure the relevant certification requirements are implemented. The convention’s recommendations are that repeat inspections occur along agreed timescales up to a maximum of five years or less.

Example 3: Campaigning for corporate social responsibility

All companies require fishing licences to catch fish for export and retail. Each country receives a quota of fish and/or fishing time from the regional fisheries management organisations that are then issued to companies to allow 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 specific number of workers from that country, and investment in other areas of society, such as schools or infrastructure programmes.

In all of these cases, there exists the potential to force a company to improve its terms and conditions for workers 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 provide unions with an opportunity to pursue improvements to terms and conditions through a campaign which demonstrates 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 disputes procedures and any other mechanisms, companies can be held to account with the threat of publicity around their treatment of workers. This is particularly important to those companies who have certification from the Marine Stewardship Council or other regulators of sustainable fishing.

Example 4: Enforcing working and living conditions – brand attack

As mentioned at the beginning of this guide, not all companies exporting and retailing fish products will have caught the fish. In some cases, they will not even have processed the fish. However, their commercial viability depends 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 the companies who ultimately retail the fish.

Some organisations have already developed systems to follow the fish through the supply chain and many others are in the process of developing them. Unions are in the unique position of working directly with fishers on board 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 brand name.

Where we are able to establish that there are poor living and working standards on board fishing vessels, in addition to campaigning for governance bodies to ratify, implement and enforce the convention, unions can also pressure 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 becoming increasingly necessary in order to hold companies to account.

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

Final words In all of the examples given in the guide, it is important to note that there are many unions already using these methods; 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 enduring marine conservation zones, on fishing methods that are more acceptable to consumers, on how to minimise discards when fishing, right through to systems being established to endorse companies that comply with certain fishing standards.

The workers in the industry do not currently have this level of scrutiny or support. We have a unique opportunity to 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. They will also have strong views about the corporate role in fishing and the removal of local licences in favour of corporations. We have to develop a narrative within our campaigns that manages to bring all parties in the industry together.

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