Protection of Fishers at Sea: Legal Efforts to Protect Fishing Crews

Fishing in the open ocean is a dangerous job with the safety of fishing crews often being overlooked as fishing crews are pressured to increase production. Safe and healthy crews are essential to the sustainability of ocean-based food systems particular marine capture fisheries. The labor aspect of fishery sustainability is often overlooked in conversation about fisheries management. In 2007, the International Labor Organisation adopted the Work in Fishing Convention (No. 188)  to requires states to regulate minimum requirements for work on board fishing vessels, transparent conditions of service, adequate accommodation and food, occupational safety and health protection, and basic medical care and social security. This treaty is in force but only has 22 ratifications out of nearly 150 coastal States. This presentation will explore why the ILO Work in Fishing Convention has struggled to receive support and what additional legal innovations may be needed to address concerns of  inhumane treatment of fishing crews with a particularly look at recent efforts by the Philippines to implement a "Magna Carta" for seafarers designed to protect labor rights.  Other innovative approaches to protect  fishing workers including potential trade restrictions on fish products from flag States with evidence of unregulated poor labor practices (modeled off the EU Deforestation Regulations) will also be discussed.