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Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Cyprus (Ratification: 1966)

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Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3 of the Convention. Conditions for signing the articles of the agreement. The Committee requested the Government to indicate the legal provisions implementing Article 3 of the Convention. The Committee notes that the Government refers, in its report, to sections 3(1) and 3(3) of the Ratification Law on Fishermen’s Articles of Agreement Convention (Law 73/1966). The Committee takes note of this information, which addresses its previous request.

Article 6. Particulars of the agreement. The Committee requested the Government to indicate the measures taken or envisaged to ensure that the standard contract of employment is fully in line with the requirements of Article 6. The Committee notes the Government’s indication that the Shipping Deputy Ministry is drafting a new standard contract of employment for fishers. The Committee hopes that the new standard contract will fully comply with the requirements of the Convention and requests the Government to provide a copy of the new contract once available.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Conditions for signing the articles of the agreement. The Committee had requested the Government to indicate what facilities are given to fishers to examine the articles of agreement and seek advice before signing them. The Committee notes the Government’s indication in its report that any fisher, before signing the contract of employment, can either contact the Department of Merchant Shipping or the relevant workers’ organizations to seek advice. The Committee further notes, in this regard, the Government’s previous statement that a copy of the contract of employment, signed by both the fisher and the employer, is deposited with the Department of Merchant Shipping. While noting this information, the Committee requests the Government to indicate the relevant legal provisions implementing this Article of the Convention.

Article 6. Particulars of the agreement. The Committee takes note of the copy of the standard contract of employment currently in use by the Department of Merchant Shipping provided by the Government. The Committee recalls that Article 6(3) of the Convention requires that the agreement contains certain particulars, except in so far as the inclusion of one or more of them is rendered unnecessary by the fact that the matter is regulated in another manner by national laws or regulations. It notes that the standard contract does not include the following particulars: (a) the date of birth or age and birthplace of the fisher; (b) the place at which the agreement was completed; (c) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (d) if possible, the place at which and date on which the fisher is required to report on board for service; and (e) the scale of provisions to be supplied to the fisher, unless some alternative system is provided for by national law. The Committee therefore requests the Government to indicate the measures taken or envisaged so that the standard contract of employment is fully in line with the requirements of Article 6 of the Convention.

Furthermore, the Committee notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Conditions for signing articles of agreement. Further to its previous comment, the Committee notes the Government’s indication that, in view of the fact that the vast majority of the fishers employed on Cypriot-flagged fishing vessels are of Egyptian origin, the Department of Merchant Shipping has prepared a standard contract of employment, in both Greek and English languages, to be signed by both the fisher and the employer. The Committee recalls that the Convention requires facilities to be given to the fisher and his adviser to examine the articles of agreement before they are signed, and also adequate provision to be made to ensure that the fisher has understood the agreement. The Committee would appreciate receiving a copy of the standard contract of employment currently in use by the Department of Merchant Shipping. It also requests the Government to indicate what facilities are given to fishers – especially non-nationals – to examine and seek advice before they conclude an employment contract. The Committee recalls, in this respect, that similar requirements have been incorporated in Article 17(a) of the Work in Fishing Convention, 2007 (No. 188).

Part V of the report form. Application in practice. The Committee notes the Government’s indication that at present there are approximately 110 fishers employed on fishing vessels. The Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the number of fishers signed on during the reporting period and inspection results showing the number of infringements observed and penalties imposed.

Finally, the Committee wishes to once more draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 16 to 20 and Annex II of Convention No. 188 build up and extend the provisions of Convention No. 114. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraphs 1 and 2, of the Convention. Scope of application. Further to its previous comments, the Committee notes the Government’s explanation that Part IV (Engagement of Master and Seamen) of Law No. 46 of 1963 (The Merchant Shipping (Masters and Seamen) Laws of 1963), as amended, also applies to fishers other than those engaged on board fishing vessels employed solely in navigation on the coast and having an overall length less than 13 metres and not having a whole or fixed deck, who are excluded from the scope of this law by virtue of section 6(2) of the Merchant Shipping (Registration of Ships, Sales and Mortgages) Law No. 45/1963, as amended. The Committee requests the Government to indicate the number of fishing vessels and fishers currently excluded from the scope of the legislation governing articles of agreement pursuant to this provision.

Articles 3 and 8. Informing fishers. The Committee recalls that Article 3(1) of the Convention provides that facilities must be given to the fisher and, as the case may be, also to his adviser, to examine the articles of agreement before they are signed, and that Article 3(4), provides that national law must make adequate provision to ensure that the fisher has understood the agreement. It also recalls that under Article 8 of the Convention, the competent authority must lay down the measures to be taken to enable the fisher to obtain clear information on board as to the conditions of employment. The Committee requests the Government to specify how implementation of these provisions is ensured.

Article 4. Jurisdiction. The Committee requests the Government to provide information on measures taken to ensure that the articles of agreement do not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement, as prescribed by this Article of the Convention.

Article 9. Termination of the agreement. The Committee notes that mutual consent is not among the grounds for termination set forth in section 13 of Law No. 46 of 1963 (The Merchant Shipping (Masters and Seamen) Laws of 1963), as amended. It requests the Government to indicate whether termination on this ground is nonetheless possible under general law on obligations.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, for instance, extracts from reports of the inspection and registration services, and statistical information on the number of fishers signed on during the year under review, the number and nature of the contraventions reported, etc.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information concerning the adoption of the Merchant Shipping (Minimum Safety and Health Requirements for Work on Board Fishing Vessels) Law, No. 160 of 2002, which entered into force on 1 January 2003.

The Committee notes the Government’s indication that the Cyprus merchant shipping legislation does not distinguish between fishermen and seafarers, and that the legislation is applicable to all seafarers in general. It would be grateful if the Government could indicate: (i) specific provisions of the national legislation determining that the term “seafarer” includes fishermen as well; and (ii) specific provisions of the national legislation making the Merchant Shipping (Masters and Seamen) Law, No. 46 of 1963 (as amended) applicable to fishing vessels and fishermen employed therein.

The Committee also notes the Government’s indication that effect to Article 8 of the Convention is given by Part VIII of Law No. 13(III) of 1995 on the ratification of Convention No. 147. It recalls that in accordance with Article 1, paragraph 4(b), of Convention No. 147, that Convention does not apply to ships engaged in fishing or in whaling or in similar pursuits. The Committee would be grateful if the Government could indicate specific provisions of the national legislation making Law No. 13(III) of 1995 applicable to fishing vessels and fishermen employed therein.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s indication that the Cyprus merchant shipping legislation does not distinguish between fishermen and seafarers, and that the legislation is applicable to all seafarers in general. It would be grateful if the Government could indicate: (i) specific provisions of the national legislation determining that the term "seafarer" includes fishermen as well; and (ii) specific provisions of the national legislation making the Merchant Shipping (Masters and Seamen) Law, No. 46 of 1963 (as amended) applicable to fishing vessels and fishermen employed therein.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In comments made over several years the Committee has asked the Government to provide information on the measures taken with a view to the adoption of legislation on articles of agreement giving effect to the provisions of the Convention. The Committee notes the Government’s indication in its report of November 2000 that the Department of Merchant Shipping of the Ministry of Communications and Works of Cyprus has completed the preparation of the ship’s articles as well as the relevant regulations and that they are in the process of being approved by the Council of Ministers. Recalling also the large number of fishing vessels registered in Cyprus that belong to foreign owners as well as the large number of non-Cypriot fishermen employed therein, the Committee hopes that these legal provisions and regulations will be adopted in the near future and that the Government will report on all the measures taken to give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In comments made over several years the Committee has asked the Government to provide information on the measures taken with a view to the adoption of legislation on articles of agreement giving effect to the provisions of the Convention. The Committee notes the Government’s indication in its report of November 2000 that the Department of Merchant Shipping of the Ministry of Communications and Works of Cyprus has completed the preparation of the ship’s articles as well as the relevant regulations and that they are in the process of being approved by the Council of Ministers. Recalling also the large number of fishing vessels registered in Cyprus that belong to foreign owners as well as the large number of non-Cypriot fishermen employed therein, the Committee hopes that these legal provisions and regulations will be adopted in the near future and that the Government will report on all the measures taken to give full effect to the provisions of the Convention.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes the information provided in the Government's report. It notes in particular the discussions that were held between the government department responsible and the Office concerning problems of a practical nature relating to the application of the Convention. The Committee hopes that the Government's next report will include information on the measures taken as a result of these discussions with a view to the adoption of legislation giving effect to the provisions of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. In previous reports, the Government had referred to various practical and legal difficulties arising in particular from the fact that fishing vessels registered in Cyprus belong to shipowners of various nationalities, using international crews and ports in different countries of the world.

The Committee would be grateful if the Government would supply a report on any development in the matter, including any new elements resulting from the discussions held at the Office.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous observations, the Committee notes with interest that the Government has now written to the Office requesting assistance in relation to the present Convention. In its report, the Government refers to various practical and legal difficulties arising in particular from the fact that fishing vessels registered in Cyprus belong to shipowners of various nationalities, using international crews and ports in different countries of the world. The Committee hopes that the Office will be able to assist in this matter and that the Government will indicate all progress made.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous comments, the Committee referred to the absence of provisions in the national legislation, ensuring the application of the Convention. It notes from the Government's report that there has been no progress in this respect but that efforts are being continued to achieve compliance with the Convention.

In view of the fact that there appear to be difficulties in drafting legislation to give effect to the Convention which was ratified 26 years ago, the Committee suggests that the Government might consider the possibility of requesting the technical cooperation of the International Labour Office.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments concerning the absence from national legislation of provisions to give effect to the Convention, the Committee is bound to note from the Government's report that the drafting of the legislative provisions to which it referred in its previous reports has not yet been completed. The Committee trusts that the Government will soon be able to report their adoption.

[The Government is asked to report in detail for the period ending 30 June 1991.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Following its earlier observation, the Committee notes that according to the Government's report, the drafting of the legal provisions which should ensure the application of the Convention has reached its final stage and that the Government hopes that these provisions will be adopted before the next report. The Committee would be grateful if the Government would supply the text as soon as it is adopted.