Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Schedules

Eighth Schedule

Work In Fishing Convention, 2007

Definitions and Scope

Part I

Scope

Article 3

Purchase

Where the application of the Convention raises special problems of a substantial nature in the light of the particular conditions of service of the fishers or of the fishing vessels’ operations concerned, a Member may, after consultation, exclude from the requirements of this Convention, or from certain of its provisions:

(a)	fishing vessels engaged in fishing operations in rivers, lakes or canals;

(b)	limited categories of fishers or fishing vessels.

2.	In case of exclusions under the preceding paragraph, and where practicable, the competent authority shall take measures, as appropriate, to extend progressively the requirements under this Convention to the categories of fishers and fishing vessels concerned.

3.	Each Member which ratifies this Convention shall:

(a)	in its first report on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation:

(i)	list any categories of fishers or fishing vessels excluded under paragraph 1;

(ii)	give the reasons for any such exclusions, stating the respective positions of the representative organizations of employers and workers concerned, in particular the representative organizations of fishing vessel owners and fishers, where they exist; and

(iii)

describe any measures taken to provide equivalent protection to the excluded categories; and

(b	in subsequent reports on the application of the Convention, describe any measures taken in accordance with paragraph 2.