Implementation of the 2012 Cape Town
Agreement and the Work in Fishing
Convention
A SAFER WORKING ENVIRONMENT FOR FISHERS
THROUGH PORT STATE CONTROL INSPECTIONS

Slide 2
ILLEGAL, UNREGULATED and
UNREPORTED (IUU) FISHING
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
Implementation of the Cape Town Agreement and C188
Fishing and fishing-related
activities conducted in
contravention of national,
regional and international laws.
(illegal)
Non-reporting, misreporting or
under-reporting of information
on fishing operations and their
catches. (unreported)
•Fishing by “Stateless” vessels.
(unregulated)
2

Slide 3
SOUTH AFRICAN and SAMSA
INITIATIVES
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
• IUU Fishing is widely associated with unsafe vessels and
human rights violations.
• In addition to and in support of the FAO’s Port State
Measures Agreement, South Africa has ratified both the
Cape Town Agreement, 2012 and the Work in Fishing
Convention ,2007 (C188)
Implementation of the Cape Town Agreement and C188

Slide 4
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
The CAPE TOWNAGREEMENT of 2012 on the Implementation of the
Provisions of the 1993 Protocol
Adopted in 2012 by a Diplomatic Conference in Cape Town.
Seeks to give effect to the Provisions of the Torremolinos Protocol
on the Construction, Equipment and Safety Management of
Fishing vessels over 24 m operating on the high seas
An ILO Convention seeking to regulate DECENT WORK for
fishers globally.
The WORK IN FISHING
CONVENTION,2007 (C188)

Slide 5
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
ADVANTAGES OF ENTRY INTO FORCE of the
CAPE TOWN AGREEMENT
Reduction of accidents
Benefits of harmonized
regulations
Vessel transfer between
states
Control and surveillance (Port
inspections)
Improved safety culture
24000 fishers die every year

Slide 6
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
SOUTHAFRICAN IMPLEMENTATION MEASURES
 Ratified the CPT Agreement in 2012
Regulations drafted in 2012 to give effect to the CTA for both
over 24 meter and under 24 meter fishing vessels, but over 25
gross ton.
Draft regulations widely consulted on with all role players in the
fishing industry.
Regulations published for comment on 31 January 2020

Slide 7
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
WORK IN FISHING CONVENTION C188
The objective of the
Convention is to
ensure that fishers
worldwide have decent
work through a modern
legal instrument that
can be widely ratified.

Slide 8
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
C188 REQUIREMENTS
Scope of C188, general
principles and
responsibilities.
Minimum Requirements for
work.
Conditions of service.
Occupational Health and
safety.

Slide 9
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
C188 FLAG STATE INSPECTION ITEMS
 Worker’s Agreements introduced
 No commercial fisher excluded from protections
 Paid accrued leave regulated
 Cost of repatriation to home port for cost of owner
 Owner supplies all protective clothing and equipment
 Transmission of wages at no cost to the fisher
 Regular payments and access to advances introduced
 Medical care regulated.
 Seafarer insurance Regulations drafted
 Standards for living and safe working conditions set for inspections

Slide 10
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
C188 PORT STATE CONTROL INSPECTIONS
 SOUTH AFRICA ratified C188 in 2013 and the Convention
entered into force in November 2017.
 A fleet of Japanese, Chinese and Taiwanese flagged fishing
vessels operate from SA harbours fishing either on the high
seas or as joint venture partners with SA rights holders in the
large Tuna sector.
 SAMSA carried out first global PSC inspection of a Japanese
flagged fishing vessel in December 2017.
 SAMSA has carried out 12 C188 PSC inspections resulting in 3
Detentions and 1 Prohibition action

Slide 11
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
JOINT PSMA and C188 PORT STATE CONTROL
INSPECTION
 The fishing vessel “ Yong Qing Fa No. 666 “ arrived unannounced outside the
Port of Cape Town at the end of November 2019.
 DEFF initiated an investigation under the PSMA and requested SAMSA to carry
out an inspection of the vessel’s safety and in terms of C188.
 The vessel has since been detained by the South African Maritime Safety
Authority (SAMSA), under Section 240 of the Merchant Shipping Act, for being
unseaworthy.
 SAMSA also found non-conformities in terms of C188.
 SAMSA informed the Flag State and The ILO, in terms of the obligation as
contained in the Articles of the Convention, becoming the first Member State to
do so.

Slide 12
IISSUES PREVENTING RATIFICATIONSSUES PREVENTING RATIF
YONG QING FA NO. 666 findings of conconformities

Implementation of the 2012 Cape Town
Agreement and the Work in Fishing
Convention
THE END, THANK YOU FOR YOUR ATTENTION.