Tag: Department of Employment and Labour

South Africa’s Department of Employment & Labour joins forces with SAMSA and others to bolster sound working conditions for the country’s commercial fishing sector workers – with forced labour an immediate target.

Gqeberha: 14 April 2024

South Africa may be acknowledged globally as being among leading maritime countries with advanced standards for sound labour working conditions in its commercial fishing subsector, but the country is not about to let up.

Instead, armed with a basket of laws, regulations, and international conventions; moves are foot to strengthen its work on the regulation and maintenance of sound labour working conditions for the country’s commercial fishing sector, now undertaken jointly through enhanced coordination, consolidation and collaboration involving three key state departments.

These include the Department of Transport (DoT) through the South African Maritime Safety Authority (SAMSA), the Department of Forestry, Fisheries and Environment and – for the first time – the Department of Employment and Labour (DEL) as well as the South African International Maritime Institute (SAIMI), the latter responsible for seafarers training.

This emerged this past week in Gqeberha, Eastern Cape province, where 30 officials from the various state departments, inclusive of SAMSA and SAIMI, were taken through a three-day capacity building course on detection of forced labour on board fishing vessels, conducted by the International Labour Organisation (ILO). The ILO is a sister United Nations (UN) organisation to the International Maritime Organisation (IMO).

It was during this gathering at the Nelson Mandela University’s Ocean Sciences Campus – from 09-11 April 2024 – where it was divulged for the first time that South Africa’s DEL is in the process of finalising and signing a Memorandum of Understanding (MOU) with SAMSA to facilitate the active ongoing engagement of DEL officials in labour related matters in the country’s commercial fishing subsector, inclusive of vessels inspections.

The MOU between DEL and SAMSA, it emerged, is intended to both facilitate the harmonious regulation of labour working conditions under a set of DEL’s basket of labour legislation – such as the Basic Conditions of Employment Act, Labour Relations Act and related – with those provided for by the Merchant Shipping Act administered by SAMSA, as well as to bolster the number of inspectors.

According to both SAMSA and DEL officials present at the training workshop in Gqeberha, the MoU is due to be signed soon.

The officials from the respective entities included SAMSA Chief Operations Officer, Mr Sobantu Tilayi, and DEL’s Director for Advocacy and Stakeholder Relations in the Inspections and Enforcement Directorate, Dr Pravine Naidoo, in the company of DFFE’s Deputy Director in the Chief Directorate for Monitoring, Control and Surveillance, Ms Delricia Augustus, and ILO South Africa based officials, Mr Simphiwe Mabhele and Ms Resh Mehta.

On the three-day course for the 30 government officials on detection of forced labour on commercial fishing vessels, all the officials held the same opinion that this was an acute problem even in South Africa, although evidence remained largely anecdotal.

However, reliance on anecdotal evidence should come to and end before year-end as the ILO in South Africa is currently conducting a thorough study of the country’s commercial fishing sector to establish some baseline information on both its size as well as activities.

According to the ILO, the fishing sector globally has a high prevalence of forced labour, with an estimated 128,000 fishers trapped in forced labour at any given time. ​

Apparently, key contributing factors to the malaise of rights violations in the fisheries sector involve the combination of weaknesses in the labour inspection regime, poor working conditions, and overlapping legislation, sometimes leading also to labour exploitation involving non-payment of wages, excessive working hours, and inadequate safety measures. ​

South Africa ratified the ILO Work in Fishing Convention, 2007 (No. ​ 188), which sets international labour standards for fishing vessels and fishers and was among the first countries globally to implement it. ​

The ILO’s Capacity Building Programme aims to strengthen the capacity of the South African government, SAMSA, DFFE, and DEL inspectors to detect and identify forced labour on fishing vessels. ​

The training components included sessions on international labour standards, identification of forced labour indicators, links between illegal, unreported, and unregulated (IUU) fishing and forced labour, inspection protocols, and the collection of evidence. ​

The 30 officials attending the ILO course were taken through various aspects of both international and domestic law, and current best practices in forced labour detection. Presentations by subject experts in the field included:

  • South Africa’s national legislations applicable to fishing sector labour
  • Forced labour identification tools and inspection protocols,
  • Links between forced labour, human trafficking, and human smuggling in the fishing sector
  • Non-government allies in forced labour identification
  • Communicable and non-communicable diseases on board fishing vessels
  • The piloting of the South African Stardard Operating Procedures (SOP) and referral mechanism

With the course underway at NMU, this blog took advantage of the presence of the various officials and conducted a series of interviews with each of available officials present at the Ocean Sciences Campus.

In addition to his opening remarks of the training workshop (video below) we chatted with Mr Tilayi from SAMSA (last video below) for insights into both the significance of the soon to be entered into MOU with the DEL as well as ongoing training of SAMSA surveyors involved in the commercial fishing subsector. For his views, please click on last video below.

An opening address by Mr Sobantu Tilayi. SAMSA COO

DFFE’s Ms Delricia Augustus (video below) elaborated on the role of the department and its necessary collaboration with SAMSA, the DEL and others on the proper regulation of the fishing sector with respect to sound working conditions of labour.

Dr Pravine Naidoo of the DEL (video below) spoke at length about why it mattered that the department strengthens its presence and activities in the country’s commercial fishing, sector as well as on expectations of outcomes of its formalised close collaboration with SAMSA, alongside the DFFE.

Next up were the two ILO officials, Mr Mabhele and Ms Mehta, (respective videos below) wherein highlights included an overview of the ILO’s relations with South Africa on maritime sector conventions, specifically the Working in Fishing Convention, 2007 (C.188) and subsequent conventions, ongoing engagements inclusive of continued training of inspectorate officials, as well as the research currently underway in the country’s commercial fishing sector, and due for publication in September this year.

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Battle against forced labour in fishing entering a sharp-edged phase in South Africa: SAMSA

SAMSA File Photo

Pretoria: 26 September 2022

South Africa’s fight against forced labour in the country’s fishing sector is entering an entirely new sharp-edged phase, featuring a broad front of several government departments, all with the goal of eliminating poor employment practices that denude fishermen of their basic right to dignity of employment.

This is according to the South African Maritime Safety Authority (SAMSA) on review of its performance to date with the implementation of the International Labour Organisation (ILO) Work-In-Fishing Convention, 2007 (C188) which South Africa ratified in 2013 and put into effect eight years later – in the process becoming the first country globally to implement the convention.

The news comes in the wake of a recent meeting and training session in Cape Town involving SAMSA, the ILO, several South African State departments and other agencies, as well as private sector law practitioners.

The meeting was to both evaluate the country’s progress and discuss challenges associated with the implementation of the C188 convention, as well as extend ILO training to both SAMSA surveyors and other State officials on identification of forced labour practices in the fishing sector.

An onboard fishing vessel C188 convention inspection being conducted by SAMSA surveyors on a foreign vessel in Cape Town. (SAMSA File Photo)

According to SAMSA this past week, now with an army of about a dozen fully trained surveyors on Port State Control and the ILO C188 convention’s Forced Labour Indicators, as well as a set of three new regulations about to be passed, to bring to full effect related domestic legislation, the fight is shaping up neatly for a broad sweep in the country’s commercial fishing sector to spot and eliminate poor labour practicies, but particularly forced labour.

In sharpening the edge of the weaponry in the battle against forced labour, SAMSA is being joined by several other State departments, among them the Department of Employment and Labour, the Department of Fisheries, Forestry and Environment, Home Affairs (Immigration), the South African Revenue Services and other agencies.

The battle is focused on not only South African fishing vessels, as international vessels operating on South African waters will also be thoroughly scanned and inspected consistent with the ILO C188 convention and related international and domestic instruments.

For a full outline of the assessment of South Africa’s progress in the implementation of the ILO C188 convention and related matters, inclusive of the country’s pioneering role in assisting other countries in ratifying and implementing the convention, this blog conducted a brief interview (15 minutes max), with one of SAMSA’s lead ship surveyors with vast knowledge and experience on the subject, Mr Selywn Bailey.

To view and listen, click on the video below.

Meanwhile, in a different but related environment, a set of South Africa twin architects, both females; are set to make it to South Africa’s maritime history arsenal next month in Durban, where the General Secretary of the International Maritime Organisation (IMO), Mr Kitack Lim is scheduled to unveil a new statue the pair were selected earlier this year to draw and erect.

Twin architects of Sesana Studio (from Left), Ms Letlhogonolo and Tlhologelo Sesana

The statue is part of features to mark South Africa’s inaugural hosting of the IMO’s World Maritime Day Parallel Event (WMDPE) over four (4) days in Durban’s International Convention Centre, attended by hundreds of representatives of its 175 Member States, as well as those of the Association of African Maritime Administrators (AAMA), the latter which will also hold a one day conference a day ahead of the IMO event.

The two events take place in Durban from 11-14 October 2022.

Twin architects, Ms Letlhogonolo and Tlhologelo Sesana of Sesana Sesana Studio in Pretoria were formally appointed by the Department of Transport (DoT) in June this year to design as well as have erected their design of the statue which they have named ‘Ukuhlangana‘.

Their appointment was formally announced in June 2022 Gazette Notice 1133 of 2022 published on 04 June, and confirmed once more publicly, during the launch of the country’s Maritime Industry Development Task Force Network in Durban in August 2022.

To get a sense of what the twin architect were embarking upon, this blog caught with and chatted briefly with the pair.

Click on the video below to view and listen to them.

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