Conduct a gap analysis of the Work in Fishing Convention, 2007 (No. 188) & legal framework in Fiji

Tags: Law English
  • Added Date: Monday, 18 December 2023
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Consultancy

No.: DC/SUV/EXCOL/2023/01
Publication date: 18 December 2023
Application deadline (midnight local time): 22 December 2023

Job ID: 11515
Department: RO - Asia & Pacific
Organization Unit: CO-Suva
Location: CO-Suva (presence may or may not be required at the duty station)

Candidates also applying for fixed-term employment positions with the ILO are encouraged to respond to this call for expression of interest if they so wish.

The ILO values diversity. We welcome applications from qualified women and men, including those with disabilities.

Background

Since its existence in the Pacific, the ILO has provided technical assistance to PICs in facilitating national labour law reform, so it is aligned with the ongoing changes and realities of employment and labour markets in the PICs; whilst identifying priority directions for shaping decent work in the future. The adoption of labour laws and regulations is an important means of implementing ILS, promoting the ILO Declaration and the Fundamental Principles and Rights at Work, and putting the concept of Decent Work into practice.

Fiji became a member of the ILO in 1974, four years after its independence in 1970. In 1975, the ILO opened its Office in Suva and continues to enjoy a progressive and cordial relationship with its tripartite partners – the Ministry of Employment, Productivity and Industrial Relations (MEPIR), the Fiji Commerce and Employers Federation (FCEF) and the Fiji Trades Union Congress (FTUC).

Fishers suffer decent work deficits in their work around the globe. In an effort to reduce these and realise decent work for all, in 2007, the ILO adopted the Work in Fishing Convention, 2007 (No. 188). The Convention (C188) provided a new international legal standard that addresses specific issues in the fishing sector.

Through the Labour Standards On Fishing Vessels project, Fiji has been implementing a strategic compliance model to improve labour conditions for fishers. Within this model, legislative reform is anticipated, alongside an eventual ratification of C188. The gap analysis proposed in this TOR will be a step within this process, analysing the current legislative framework in Fiji against the standards in C188. Results will inform the process of legislative reform.

Objective

The objective of this External Collaboration contract is to engage a consultant to conduct a gap analysis of the Fiji legislative framework around the fishing sector and the Work in Fishing Convention, 2007 (No. 188) and, where relevant, other international standards. The outcome will identify gaps and areas where Fiji can consider legal reform that will move towards consistency with international labour standards.

Scope of the Work

  • The consultant is expected to conduct an extensive legislative review of the existing legislative and policy framework in Fiji as compared against standards in the Work in Fishing Convention, 2007 (No. 188).
  • The consultant will consider, among others:
    1. Employment Relations Act (ERA) 2007,
    2. Health & Safety at Work Act (HASAWA) 2006,
    3. Offshore Fisheries Management Act (OFMA) 2012,
    4. Maritime Safety Authority of Fiji Act, 2009,
    5. Maritime Transport Act, 2013,
    6. Shipping Registration Act, 2013,
    7. Fiji National Crewing Policy, Transport Act 1998,
    8. Fiji Maritime (STCW Convention) Regulations 2014.

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