Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the information contained in the Government’s report and asks the Government to provide additional information on the following points. It would also be grateful if the Government could supply copies of the Commercial Shipping Code, the resolution of the Cabinet of Ministers No. 142 of 12 June 2006 concerning the establishment of a procedure for the implementation of the Medical Certification Cards system, and of the Orders of the Ministry of Health No. 13 of 23 January 1990 concerning the conduct of preventive medical examinations and No. 158 of 23 December 2005 concerning the conduct of preventive examinations.

Article 3, paragraphs 1 and 2, of the Convention. The Committee notes the Government’s explanations concerning the Order of the Ministry of Health No. 158 of 23 December 2005 which sets out the medical institutions in charge of compulsory medical examinations, the types of tests to be performed, the frequency of examinations and the procedure to be followed. The Committee requests the Government to indicate, in this respect, whether the fishing vessel owners’ and fishers’ organizations concerned were consulted before prescribing the nature of the medical examination and the particulars to be included in the medical certificate, as required under this Article of the Convention, and also to specify whether the age of the person to be examined affects the nature of the examination in any possible manner.

Article 4, paragraph 1. The Committee notes that, by virtue of the resolution of the Cabinet of Ministers No. 58 of 24 March 2000, persons under 18 years of age are prohibited from being employed to work on board any type of maritime vessel. It also notes that persons over 18 years of age undergo examinations in accordance with the legislation in force, that is to say, every three years for those in complete health and annually for those in almost complete health. In this connection, the Committee asks the Government to explain how the national legislation gives effect to this Article of the Convention which requires the validity of the medical certificate for young persons of less than 21 years of age not to exceed a period of one year from the date of its issue.

Article 5. The Committee notes the Government’s explanations on the special commission which may be set up at the relevant treatment and prevention institution in order to resolve conflicts arising from the results of medical examinations. It requests the Government to specify the legal instrument providing for those commissions and to forward a copy if it has not been previously submitted.

Part V of the report form. The Committee would thank the Government if it could provide up to date information on the practical application of the Convention, including, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services containing information on the number and nature of any contraventions observed, etc.