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

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Uruguay (Ratification: 1973)

Article 4(1) of the Convention. Health booklets for young fishers under 21 years of age. Further to its previous comments regarding laws or regulations that would require the validity of medical certificates issued to fishers under 21 years of age not to exceed one year, the Committee notes the Government’s indication that draft Decree No. 295/009 of 22 June 2009, which would have satisfied this requirement of the Convention, was finally not adopted out of concerns that it could lead to workplace discrimination. The Committee requests the Government to provide information on steps taken or envisaged to give effect to this Article of the Convention. It also requests the Government to provide a copy of the standard form of health booklet currently in use.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that it does not maintain detailed data regarding medical examination of fishers. Noting that, pursuant to Chapter 2 of Act No. 18.211 of 5 December 2007, the Integrated National Health System will eventually store this type of information, the Committee requests the Government to provide, as soon as it becomes available, general information on the application of the Convention in practice, for instance, the number of professional fishers covered by the Convention, statistics on the number of medical examinations carried out and medical certificates issued each year, and extracts from reports of the inspection services showing any contraventions reported.

Finally, the Committee wishes to once more 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 and 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.