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

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Montenegro (Ratification: 2006)

Article 2 of the Convention. Medical certificate. The Committee notes the Government’s reference to section 16 of the Health Care Act of 9 April 2004 (Official Gazette No. 39/04) which provides in general terms for general medical checkups, initial, periodical and control medical examinations for all employees having regard to their gender, age, working conditions and medical record. Recalling that Article 2 of the Convention requires that no person be engaged on a fishing vessel without a medical certificate signed by a medical practitioner, the Committee requests the Government to specify the legal provision establishing such a precondition to employment in maritime fishing.

Article 3. Nature of medical examination. The Committee notes the Government’s reference to sections 2 and 3 of the rulebook on the manner and procedure of carrying out initial and periodical specialist medical examinations of workers (Official Gazette No. 25/80), specifying the nature of the medical examinations to be undertaken. As the rulebook on medical examinations has not been made available to the Office, the Committee would appreciate receiving a copy. It also requests the Government to indicate any specific provisions regulating the nature of the medical examinations to be made and the particulars to be included in the medical certificate issued to fishers.

Article 4. Validity of medical certificates. The Committee notes the Government’s indication that medical certificates are valid for a period of two years. Recalling that under Article 4(1) of the Convention, the medical certificates of young persons of less than 21 years of age must remain in force for a period not exceeding one year, the Committee requests the Government to take measures to bring the national legislation in line with this requirement of the Convention.

Article 5. Further examination by a medical referee. The Committee notes the Government’s indication that an appeals commission is provided for under the Health Insurance Fund. The Committee requests the Government to specify the relevant legal provision.

Part V of the application form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, the number of fishers covered by the Convention, statistics on the number of medical examinations carried out and medical certificates issued each year, a specimen of the current medical certificate, and extracts from reports of the inspection services showing any infringements of the relevant legislation.

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 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.