Landes trawler (Photo: Stockfile)
Constitutional Court accepted to consider requirement of union presentation against giant squid Law
Monday, July 13, 2020, 14:00 (GMT + 9)
The Constitutional Court accepted, as antecedents to be considered by that Chilean state court, the requirement raised by Embarked Personnel Unions, in the process of the management that is being developed, after the Landes Company appealed to the TC, with the final purpose to achieve inapplicability due to unconstitutionality of the Giant squid (Dosidicus gigas) law.
The document of the unions based in Talcahuano was presented before the hearing of the case and allegations therein (yesterday 09.07.20). Now she is awaiting the sentence.
The requirement accompanies antecedents such as the Report that analyzes the Working Conditions in the Fishing Sector, carried out at the International Labor Conference of 2004.
The context is that the Embarked Workers of the Industrial Fishing Sector, through the directives of four unions based in Talcahuano, presented a request before the TC Constitutional Court for the inapplicability due to unconstitutionality made by Pesquera Landes
to the Giant Squid Law, to the norm that the jig imposes as a way to catch the giant squid, leaving the industrial buildings that used medium water trawling out of activity.
The hearing and allegations of Landes' request were made this morning in the TC and sources in the legal sector estimate that there could be a sentence within approximately 60 days. The presentation of the workers and the close reports will be one of the documents that the Court will study, as it is incorporated.
The applicant labor organizations are the Interempresas Union of Official Workers of Special and Regional Ships MMN; Union Interempresas Crewmen of Drag, Unloaders, Nets and Caregivers of Special Ships of the Province of Concepción; Union Interempresas of Workers Crews of Sardinian Ships of the Province of Concepción and Union Interempresas of Official Workers of Machine of the National Merchant Marine and Fishing Ships.
Remember that Landes presented a request for unconstitutionality regarding article 5, third paragraph of Supreme Decree 430 of the then Ministry of Economy, Development and Reconstruction, General Law of Fisheries and Aquaculture in a process on protection remedy followed before the Court of Appeals of Valparaíso and that has to do with the merits of the inapplicability of the prohibition of catching giant squid with any gear that is not a hand line or jigger (Giant Squid Law)
The lawyer who presented the workers' notice, Claudio Sánchez Pino, explained that they exercised a right established in the Constitution in order to collaborate with the function entrusted to the TC. It accompanied a presentation and a report on working conditions in the sector (from the International Labor Conference, ILO 2004). The paper also addresses topics such as the negative impact on the health and safety of workers due to changes in the equipment of fishing; the heavy duty qualification of your work; breach of ILO Convention 188; health and safety at work and the protection of formal work of the ILO Convention 122.
effects on workers and their family group were particularly addressed. Juan Carlos González, president of the Capitanes Union, stressed that since the new giant squid regulation began to be applied, changing the drag of half-water by hand line or squid, there has been loss of jobs and stability for them and their families. Many Embarked workers, plant and indirect personnel, were dismissed and the embarked ones that remained on board saw their wages decrease and many have entered into informal employment.
He added: "Today there is great disappointment considering that the norm monopolized access to the giant squid for a few, and even for them it has not been favorable."
The workers said that the successive changes to the fishing regulations that the country has incorporated for 20 years have dramatically reduced the formal sources of employment, contradicting international agreements and conventions such as ILO Convention 122 approved and ratified by Chile.
Claudio Sánchez pointed out that the workers' brief is closely related to the constitutional because what is alleged is a property right that would be affected and one of the ways to materialize it is the right to work, or an extension of the right to work is that of property.