Medical Examination (Seafarers) Convention, 1946 (No. 73) - Uruguay (Ratification: 1954)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite International Standards Group. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. The Committee requested information from the Government on the repatriation of seafarers in the event of shipwreck. It notes that the Government refers to section 12 of Act No. 16.387 of 27 June 1993 and section 13 of Decree No. 426/994 of 20 September 1994, on merchant ships and the right to fly the national flag. The Committee observes, however, that although these provisions require merchant ships flying the national flag to transport shipwrecked seafarers free of charge, the legislation does not guarantee the right of seafarers to repatriation in the event of shipwreck. The Committee accordingly asks the Government once again to indicate the measures taken to give effect to Article 4 of the Convention.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Articles 3–5 of the Convention. Compulsory medical certificate. The Committee previously noted the absence of any regulatory provisions on special health cards for seafarers that give effect to the provisions of the Convention, and requested the Government to send information on progress made in this regard. The Committee notes with satisfaction the adoption of Maritime Provision No. 162/016 of 15 April 2016 on the maritime health certificate, which responds to its earlier requests regarding seafarers’ medical certificates.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Articles 3 and 4 of the Convention. Legislation to ensure the application of the Convention. The Committee drew the Government’s attention to the absence of any laws ensuring the application of technical standards on the accommodation of crews laid down in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and in Part I of this Convention. The Committee notes with interest the adoption of Circular DIRME No. 014/16 of 29 September 2016, under which ships and floating structures must comply with ILO technical standards which are subject to inspection by the Technical Committee of the Registry and Merchant Marine Directorate (DIRME–COTEC).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3–5 of the Convention. Compulsory medical certificate and its period of validity. The Committee notes the Government’s indication that regulatory provisions concerning a specific health card for seafarers have not yet been adopted. It notes that, under Maritime Provision No. 38 of 14 March 1988, the seafarer’s discharge book shall indicate the period of validity of the health card. The Committee therefore understands that seafarers have only the basic health card provided for under Decree No. 651/990 of 18 December 1990. The Committee recalls that, in accordance with Article 4 of the Convention, the seafarer’s medical certificate shall attest, in particular: (a) that the hearing and sight of the person and, in the case of a person to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective colour vision), colour vision of the person, are all satisfactory; and (b) that the person is not suffering from any disease likely to be aggravated by, or to render that person unfit for, service at sea or likely to endanger the health of other persons on board. Furthermore, the validity of the medical certificate may not exceed two years from the date on which it was issued or six years in the case of a medical certificate relating to colour vision. Recalling that the requirements of the Convention are included in Regulation 1.2 and Standard A1.2 of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to provide specific information on the medical examinations that seafarers must undergo to obtain the health card required for boarding, and to specify the period of validity of this card for seafarers. The Government is also requested to provide a copy of a health card and to keep the Office informed of any progress made in adopting a specific health card for seafarers.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, in particular on the number of health cards issued each year to seafarers, as well as the number of violations, if any, of the relevant provisions noted by the inspection services and the measures taken to remedy them. The Government is also requested to indicate the manner in which the competent national authorities ensure effective supervision of the practice and quality of the medical examination of foreign non-resident seafarers employed on board vessels flying the Uruguayan flag, particularly where the examination is carried out in the seafarer’s country of residence or domicile.

Finally, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises Convention No. 73, as well as 67 other international instruments applicable to seafarers, establishes a comprehensive and up-to-date framework of standards for regulating the living and working conditions of seafarers, particularly concerning medical certificates, and promotes the establishment of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in that regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 3 of the Convention. In its previous comments the Committee asked the Government to provide information regarding the completion of the draft instrument based on Decree No. 651/90, regarding a health card for seafarers being prepared by the National Maritime Authority and to furnish a sample of the health card for seafarers, adopted in accordance with the new instrument. It notes the Government’s indication that no such instrument has been adopted so far. The Committee asks the Government to keep it informed on any progress made in this respect.

Article 5. The Committee notes the Government’s indication that normally the period of validity of the health card is two years, but it could vary depending on the type of activities and taking into consideration the risks involved. It asks the Government to indicate the period of validity of health cards issued to seafarers as well as specific provisions of national laws or regulations prescribing such period.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring to its previous direct request, the Committee notes the information provided by the Government which indicates that the basic health card continues to be the only one in use and to be a requirement throughout the national territory. It also contains the examinations provided for in the basic medical form as well as those relating to the specific activity concerned, in accordance with the requirements of the Ministry of Public Health. With respect to consultations with shipowners' and seafarers' organizations (Article 4, paragraph 1, of the Convention), the Government indicates that the National Maritime Authority is in the process of preparing drafts providing for a health card for seafarers and that the relevant consultations with said organizations concerning the specific examinations envisaged for this sector have taken place. However, due to the complexity of the subject and the relevant consultations with the professional organizations of the sector, the preparations of drafts providing for such a card have not been completed. In addition, the Government indicates that it has not included a test for HIV among the examinations for obtaining the health card, following the recommendations of the Pan-American Organization of Health, the World Health Organization and the Third Iberian-American Conference of Ministers of Health in this respect.

The Committee requests the Government to provide information regarding the completion of the draft instrument based on Decree No. 651/90 regarding a health card for seafarers being prepared by the National Maritime Authority and to furnish the Office with a sample of the health card for seafarers adopted in accordance with the new instrument.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes Decree No. 651/990 of 18 December 1990 which creates the basic health card, as well as the information provided by the Government according to which the measures applicable to seafarers, with regard to the examinations to be undertaken and their periodicity, are being considered by the Ministry of Public Health together with the National Maritime Authority. The Committee would be grateful if the Government would specify in its next report the extent to which the legislation which guarantees the application of the Convention has been modified by the coming into force of the above Decree. It trusts that the Government will also supply information on all consultations held with the shipowners' and seafarers' organizations concerned in this respect, in accordance with Article 4, paragraph 1, of the Convention.

In this context, the Committee also notes the Government's statement that it has approved HIV testing. The Committee would like in general and by way of information to draw the Government's attention to the Consensus Statement from the Consultation on AIDS and Seafarers, of October 1989, convened by the World Health Organization (WHO) and the ILO in which, among other matters, it is stated that HIV infection does not in itself imply a limitation of fitness for work. The Consensus Statement endorsed the Statement from the Consultation on AIDS and the Workplace, held in June 1988 and also organized by the WHO and the ILO, in which it is indicated in particular that the confidentiality of HIV testing should be ensured. The Committee would be grateful if the Government would supply details on the nature of the HIV test and any indications in this respect contained in the certificate and if it would indicate whether the shipowners' and seafarers' organizations concerned have also been consulted concerning this aspect of the medical examination. Please transmit, taking into account the provisions of Article 4, and the above statements, a model of the medical certificate issued under the above Decree.

[The Government is asked to report in detail for the period ending 30 June 1993.]