Enhancing labour conditions in South Africa’s fishing industry: A coordinated effort

The ILO Work in Fishing Convention 188, within its Article 7, provides for the establishment of a coordination mechanism between different authorities in the fishing sector to enhance their complementarities. In line with this provision, the Project has supported the South African Maritime Safety Authority (SAMSA) and the Department of Employment and Labour (DEL) in establishing mechanisms of coordination and cooperation. This support has resulted in the development of systems enabling these authorities to undertake joint inspections, thereby promoting compliance and decent work in the fishing sector, in line with provisions within National Legislation.

This milestone was achieved as part of the 8.7 Accelerator Lab (AL) Project on enhancing decent work within the fishing industry. Through a series of targeted capacity-building sessions organized under the Project, DEL recognized the critical importance of engaging with the fishing Industry. These sessions provided the necessary technical knowledge and awareness, empowering DEL to step into the sector and take on an active role in addressing its unique labour challenges.

The amendments to the Basic Conditions of Employment Act (BCEA) in 2018 have further emphasized the need for this partnership. SAMSA and DEL are now working collaboratively to ensure that fishers' worker agreements align with the International Labour Organization’s (ILO) Convention 188 (C188), which sets binding standards for work in the fishing sector. Recognizing SAMSA's manpower challenges, DEL has assumed significant responsibility for inspecting these agreements, reinforcing a robust and effective approach to labour compliance.

The partnership focuses on several critical objectives, including promoting decent work and labour compliance by ensuring that all fishers operate under fair conditions aligned with international labour standards. It also emphasizes awareness raising with workers and employers by providing comprehensive training on labour legislation to foster better understanding and adherence across the sector. Furthermore, the collaboration aims to strengthen cooperation with various stakeholders, improving labour relations and ensuring consistent compliance.

This partnership has already made tangible progress, with the launch of Pilot Joint Inspections in Cape Town and Hout Bay. These inspections are a pivotal step toward safeguarding fishers’ rights and promoting compliance with national regulations, including the Basic Conditions of Employment Act, the Unemployment Insurance Act, and the Compensation for Occupational Injuries and Diseases Act. The partnership is also an opportunity for DEL to learn from the SAMSA inspectors about the specificities of the fishing sector, through a mentoring process foreseen to continue through the next year.   

By aligning with ILO Convention 188, SAMSA and DEL are not only improving current labour conditions but also setting a precedent for future practices within the industry. These efforts highlight the Project’s critical role in fostering cooperation as envisaged by the Convention, aligning with its mandate to enhance coordination and support sustainable practices.

This collaborative initiative underscores the importance of enforcing labour standards and protecting workers' rights. As the Pilot Joint Inspection progresses, it is expected to bring about significant improvements in the working conditions of fishers, ensuring their rights are upheld and their work environments are safe and equitable.  The pilot inspections also demonstrated the importance of dialogue with the industry, and appreciating the challenges of compliance for Small and Medium Enterprises in particular, which have limited profit margins and insufficient fishing quotas to offer full time employment to workers.