ILO Adopts Migrant Fisher Labor Guidelines – Marine News Magazine

Report on New ILO Guidelines for Migrant Fishers and Their Contribution to Sustainable Development Goals

Introduction: Advancing Decent Work and Sustainable Practices in the Fishing Industry

The International Labour Organization (ILO) has adopted the “Guidelines for Fair Labour Market Services for Migrant Fishers” following a meeting in Geneva. This initiative directly supports the achievement of several Sustainable Development Goals (SDGs) by establishing a framework to protect the rights of migrant workers in the global fishing industry, a sector often plagued by inadequate regulatory oversight. The guidelines are a critical step towards fulfilling the ambitions of SDG 8 (Decent Work and Economic Growth), SDG 14 (Life Below Water), and SDG 16 (Peace, Justice, and Strong Institutions).

Core Protections and Alignment with SDG 8: Decent Work and Economic Growth

The guidelines are designed to eradicate human rights violations and promote fair labor practices, directly contributing to key targets within SDG 8.

• Target 8.7: By providing clear guidance on recruitment and work agreements, the guidelines aim to take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and prohibit and eliminate the worst forms of child labor.
• Target 8.8: They seek to protect labor rights and promote safe and secure working environments for all workers, particularly migrant fishers who are vulnerable to abusive treatment, underpayment, excessive working hours, and blacklisting.

Specific areas of guidance include:

1. Recruitment processes
2. Work agreements and contracts
3. Complaint and redress procedures
4. Enforcement measures

Strengthening Institutions and Justice: Contributions to SDG 16

The guidelines clarify the roles and responsibilities of all stakeholders, fostering the development of effective, accountable, and transparent institutions as called for in SDG 16.

Stakeholder Responsibilities

• States (Flag, Port, Coastal, Origin, Recruitment): States are called upon to cooperate in investigations and provide support to migrant fishers. The guidelines empower states with specific enforcement mechanisms:
  • Flag States are urged to deny vessel registration to owners who have committed serious labor or human rights violations.
  • Port States are encouraged to detain vessels where necessary to ensure the health and safety of fishers.
• Labor Recruiters and Vessel Owners: These parties are mandated to conduct human rights due diligence to ensure the rights of migrant fishers are respected throughout the employment cycle.
• Migrant Fishers: The guidelines encourage fishers to be aware of their rights and to utilize available training and orientation programs.

Linkages to SDG 14 (Life Below Water) and SDG 10 (Reduced Inequalities)

By ensuring fair labor conditions, the guidelines indirectly support the sustainable management of marine resources and address systemic inequalities.

• SDG 14: Promoting decent work is integral to combating Illegal, Unreported, and Unregulated (IUU) fishing, as vessels engaging in such practices are often linked to severe labor abuses. Fair labor standards contribute to a more responsible and sustainable fishing industry.
• SDG 10: The guidelines specifically target the protection of a vulnerable migrant population, aiming to reduce inequalities and ensure that the rights of foreign workers in both industrial and artisanal fishing are upheld. The framework acknowledges the need for adaptation to the unique structures of small-scale fisheries.

Implementation, Partnerships, and Challenges

The successful implementation of the guidelines hinges on multi-stakeholder partnerships (SDG 17) and robust enforcement.

Tools for Implementation

1. A set of eight practical tools is included to facilitate adoption.
2. Guidance is provided for strengthening data collection on migrant fishers to support evidence-based policymaking and monitoring of SDG progress.

Enforcement as a Critical Factor

While the guidelines provide clarity and tools, experts note that their success is contingent on effective enforcement. The primary challenge remains ensuring that coastal, flag, and port state authorities consistently and equitably uphold these standards through strong national legislation, without which the achievement of related SDG targets will be compromised.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on the ILO’s Guidelines for Fair Labour Market Services for Migrant Fishers addresses several Sustainable Development Goals (SDGs) by focusing on the protection of labor rights, human rights, and the need for strong regulatory frameworks within the global fishing industry. The following SDGs are connected to the issues discussed:

• SDG 8: Decent Work and Economic Growth – This is the most central SDG, as the article directly discusses labor conditions, rights, and protections for migrant fishers. It highlights issues like forced labor, child labor, underpayment, and excessive working hours, all of which are key concerns of SDG 8.
• SDG 10: Reduced Inequalities – The guidelines specifically target migrant fishers, a vulnerable group often subject to exploitation. By aiming to safeguard their rights and ensure fair treatment, the initiative directly contributes to reducing inequalities within and among countries.
• SDG 14: Life Below Water – While the article’s primary focus is on human rights, it operates within the context of the fishing industry. It mentions both industrial and artisanal fishing and acknowledges the unique needs of small-scale fishers, which connects to the sustainable use of marine resources and supporting fishing communities.
• SDG 16: Peace, Justice, and Strong Institutions – The article heavily emphasizes the need for effective governance, regulatory oversight, and enforcement. It calls for cooperation between states, clear complaint procedures, and legal measures to hold vessel owners accountable, all of which are fundamental to building effective and just institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the specific issues and solutions presented in the article, the following SDG targets can be identified:

• Target 8.7 (under SDG 8): Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour…
  • Explanation: The article explicitly states that the fishing industry faces “forced labor, abusive and violent treatment, child labor,” which this target aims to eliminate.
• Target 8.8 (under SDG 8): Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, and in particular women migrants, and those in precarious employment.
  • Explanation: The guidelines are designed to “safeguard the rights of migrant fishers globally” by providing guidance on “recruitment processes, work agreements, complaint procedures, and enforcement measures,” directly aligning with the protection of migrant workers’ rights.
• Target 10.7 (under SDG 10): Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
  • Explanation: The entire initiative is about creating “Guidelines for Fair Labour Market Services for Migrant Fishers,” which is a policy tool to manage the migration and employment of this specific group of workers in a fair and safe manner.
• Target 14.b (under SDG 14): Provide access for small-scale artisanal fishers to marine resources and markets.
  • Explanation: The article acknowledges that “small-scale fishing usually differs significantly” and that the guidelines may need “adaptation to reflect the unique realities and governance structures of such fisheries.” This recognition supports the specific needs of artisanal fishers, which is the focus of this target.
• Target 16.3 (under SDG 16): Promote the rule of law at the national and international levels and ensure equal access to justice for all.
  • Explanation: The article’s emphasis on “enforcement measures,” “complaint procedures,” and the need for “strong enforcement mechanisms embedded in primary legislation” directly relates to promoting the rule of law and ensuring fishers have access to justice when their rights are violated.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article mentions and implies several indicators that can be used to measure progress:

• Strengthened Data Collection and Availability of Statistics: The article explicitly mentions “guidance on methodologies for strengthening the collection of data on migrant fishers to improve the availability of relevant statistics to support policymaking and monitoring.” The availability and quality of this data would be a direct indicator of progress.
• Implementation of Legal and Enforcement Mechanisms: Progress can be measured by tracking the number of states (flag, port, coastal) that embed the guidelines into their “primary legislation.” The article suggests specific enforcement actions that can be monitored, such as the number of vessel owners “denied the right to register a fishing vessel” for serious violations or the number of vessels “detain[ed]… for rectification measures” by port states.
• Establishment of Due Diligence and Complaint Processes: The article calls on “labor recruiters and vessel owners should conduct human rights due diligence and implement processes.” The number of companies adopting such processes and the existence and accessibility of “complaint procedures” for fishers are measurable indicators.
• Inter-State Cooperation on Investigations: The article calls for states to “cooperate with others to investigate, document, and provide support to the migrant fishers concerned.” The number of joint investigations or cooperative agreements between states following human rights incidents would serve as an indicator of improved institutional collaboration.

4. Table of SDGs, Targets, and Indicators

Source: marinelink.com