A/HRC/40/56 to food security, poverty eradication and nutrition and that guarantees specific rights such as the right to decent work. 2. International labour law 56. ILO provides a normative framework for States to better regulate working conditions within the fisheries sector. The ILO Work in Fishing Convention, 2007 (No. 188) sets basic standards of decent work for the 38 million workers employed on commercial fishing vessels, including conditions of service, a minimum working age, accommodation and food, occupational safety and health, medicinal care and social security. 57. The Convention expands the jurisdiction of ratifying States to inspect the compliance of both domestic and foreign vessels, and provides reporting, monitoring and complaint procedures, penalties and corrective measures. In July 2018, one year after the Convention entered into force, the first detention of a fishing vessel under the Convention took place in Cape Town, South Africa, following complaints by the crew concerning working conditions on board.59 The South African Maritime Safety Authority found a lack of documentation for workers on board, insufficient food, and poor accommodation, safety and health conditions.60 Guidelines for administering such inspections are set forth in one of four supporting resolutions, and the ILO Work in Fishing Recommendation, 2007 (No. 199) provides general guidance on implementation. 61 58. States may extend the protection of the Work in Fishing Convention to smaller vessels of less than 24 m,62 which constitute 90 per cent of fishing vessels worldwide. 63 When applied to small-scale fishing, the Convention allows for the progressive realization of certain provisions, such as the need to have written contracts, a list of crew members, medical certificates and protection in case of work-related injury, sickness or death, provided the boat is not at sea for more than seven days. 64 The Convention does not, however, extend to shore-based workers in the fishing sector, such as those engaged in land-based aquaculture operations or processing activities. 65 States may apply the ILO eight core conventions that address the fundamental rights of workers, although they are not specific to the fisheries sector (A/73/164, para. 34). 59. Other international labour instruments relevant to fishery workers include the ILO Forced Labour Convention, 1930 (No. 29) and its Protocol of 2014 and the Trafficking in Persons Protocol, which include forced labour in the fishing sector within their scope of application. The ILO Occupational Safety and Health Convention, 1981 (No. 155) is also relevant, although it is not specific to the fisheries sector, where dangers are numerous and widespread. While the Maritime Labour Convention, 2006 (MLC), which sets out global standards on the working and living conditions of seafarers, explicitly excludes fishers from its scope, there are national laws and regulations in some States that address seafarers’ working conditions, including in application of the MLC, and that also cover (or extend to) fishery workers, at least in part.66 60. State ratification of those conventions has been quite slow, and most States have not adopted comprehensive international labour or safety standards applicable to the fisheries sector. Nevertheless, some States have made notable efforts to address exploitation of 59 60 61 62 63 64 65 66 ILO, “First fishing vessel detained under ILO Fishing Convention”, 17 July 2018. Ibid. The two other resolutions concern the tonnage measurement and accommodation and the promotion of welfare for the fishers. Art. 2 (3) of the Convention provides that “any Member, after consultation, may extend, in whole or in part, to fishers working on smaller vessels the protection provided in this Convention for fishers working on vessels of 24 metres in length and over”. See also ILO, Handbook for improving living conditions on board fishing vessels (Geneva, 2010), p. 29. ILO, “Decent working conditions, safety and social protection: Work in Fishing Convention No. 188 and Recommendation No. 199”, 2007. ILO, “The Work in Fishing Convention, 2007 (No. 188): getting on board”, p. 18. ILO, “Guideline to undertake a comparative analysis of the Work in Fishing Convention, 2007 (No. 188) and national laws, regulations or other measures”, 1 May 2011, p. 2 ILO, “Decent working conditions”, p. 7. 13