Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Azerbaijan (Ratification: 1992)

Article 4(1) of the Convention. Period of validity of medical certificates. Further to its previous comment, the Committee notes the Government’s explanation that the frequency of medical examinations of fishers is determined in accordance with the fisher’s medical record: once every three years for healthy persons, every year for practically healthy persons and on a case-by-case basis for those suffering from chronic diseases. The Committee recalls that, under this Article of the Convention, the period of validity of the medical certificate depends of the fisher’s age and not the fisher’s health. More concretely, the Convention provides that for young persons of less than 21 years of age, the validity of the medical certificate may not exceed one year. The Committee therefore requests the Government to take the necessary measures in order to bring the national legislation into line with this requirement of the Convention. The Committee recalls, in this connection, that Article 12(2) of the new Work in Fishing Convention, 2007 (No. 188), which revises and brings up to date in an integrated manner most of the existing ILO fishing instruments, prescribes a maximum period of validity of two years for all medical certificates granted to fishers over 18 years of age.

Article 5. Independent examination by a medical referee. Further to its previous comment, the Committee notes the Government’s indication that medical examinations of fishers are carried out by a medical commission at the Central Mariners’ Hospital and that, if one of the specialist doctors reports an illness or physical disability, the fisher concerned is declared unfit to work on board ship and no further examinations are conducted. The Committee also notes, however, the Government’s statement that a special commission will be set up to resolve any instances of conflict resulting from the medical certification process. The Committee requests the Government to specify the legal provisions, and transmit a copy of any relevant text, ensuring the fisher’s right to a further examination by another independent medical practitioner if refused a certificate, as prescribed by this Article of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Article 11(e) of Convention No. 188.

Part V of the report form. Practical application. The Committee would be grateful if the Government would provide together with its next report up-to-date information on the manner in which the Convention is applied in practice, including for instance the approximate number of fishers covered by the Convention, a sample of the standard form of medical certificate in use, and inspection results showing the number of infringements observed and action taken.

Finally, the Committee wishes to draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length or do not normally remain at sea for more than three days. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.