Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Azerbaijan

Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1992)
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) (Ratification: 1992)

The Committee notes the reports sent on the application of the fishing Conventions ratified by the country. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 4(1) of the Convention. Period of validity of medical certificates. The Committee notes the Government’s statement that the frequency of in-service examinations depends on which follow-up category the subject is placed into: healthy, once every three years; practically healthy, annually; and with a chronic or compensated disease, on a case-by-case basis. While noting this information, the Committee recalls that the Convention provides that for young fishers the medical certificate shall remain in force for a period not exceeding one year. Accordingly, the Committee requests the Government to indicate the measures taken or envisaged in order to comply fully with the requirements of this Article of the Convention. The Committee further notes that the Government provided a list of the main laws and regulations governing medical examinations of fishers for the purpose of determining their fitness for work in Azerbaijan’s fishing industry. Among those, the Committee notes the following: Decision of the Ministry of Health of Azerbaijan on Improving Compulsory Medical Examinations (No. 46 of 13 December 2012) and the Rules for Performing Compulsory Medical Examinations approved by Decision No. 24/2 of the Ministry of Health of Azerbaijan dated 15 May 2014. The Committee requests the Government to provide copies of the abovementioned instruments and to indicate the legal provisions related to the implementation of the Convention.

Article 5. Independent examination by a medical referee. The Committee had requested the Government to specify the legal provisions ensuring the fisher’s right to a further examination by a medical referee if refused a certificate. The Committee notes the Government’s statement that, in the event of a dispute over the result of a medical examination, the head doctor sets up an ad hoc panel within the medical institution in question, which decides whether the individual is physically fit for work on board a vessel, and that its decision is final. Taking note of this information, the Committee requests the Government to provide copies of the relevant legal provisions.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Articles 3–17 of the Convention. Implementing legislation on crew accommodation requirements. The Committee had requested the Government to provide detailed information on the legislative or administrative provisions implementing Parts II, III and IV of the Convention, in order to be in a position to evaluate conformity of the national legislation with the requirements of the Convention.

Regarding the implementation of Part II (Articles 4 and 5), the Committee notes the Government’s reference to the Regulations on the Rules for Ship Inspection, approved by the Cabinet of Ministers which provides for an initial inspection of crew accommodation requirements of vessels before their registration. The Committee further notes that according to the Government the performance of these inspections, which also take place during the re-registration process of ships, have been delegated to classification societies. The Committee notes, however, that the abovementioned Regulations do not seem to provide inspections when the crew accommodation of a vessel has been substantially altered or reconstructed, as required by Article 5 of the Convention. The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.

Regarding Part III (Articles 6–16), the Committee notes the Government’s statement that, in accordance with article 148(2) of the Constitution, “international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the Republic of Azerbaijan”, and that “[a]ll of the ILO Conventions ratified by Azerbaijan have the force of national law and are an integral part of labour law”. The Committee recalls, however, that Article 3(1) of the Convention prescribes that each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention. The Committee recalls that even if the Convention is considered as an integral part of the law of Azerbaijan, this would not be enough to give effect to the provisions of the Convention that are not self-executing. This is the case, for example, of Article 6(9) which requires that the competent authority shall decide to what extent fire prevention or fire retarding measures shall be required to be taken in the construction of the accommodation; and of Article 8(4) which provides that the competent authority shall prescribe the standard concerning the heating system for the crew accommodation. In addition, according to Article 3(2)(e), the laws or regulations shall require the competent authority to consult periodically the fishing-vessel owners’ and fishers’ organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof. In view of the above, the Committee requests the Government to provide full particulars on the manner in which all the detailed accommodation standards included in Part III of the Convention are implemented in law and practice.

Regarding Part IV (Article 17), the Committee takes note of the Government’s statement that the national law does not contain any requirements for modifications to be made in vessels in the various cases covered by Article 17 of the Convention and especially paragraph 2(a) and (b), in respect of vessel re-registration. The Committee takes note of this information.