Medical Examination (Seafarers) Convention, 1946 (No. 73) - Guinea - Bissau (Ratification: 1977)

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

The Committee had previously noted the Government’s indication that a comparative analysis of the Maritime Labour Convention, 2006 (MLC, 2006) and national legislation had been carried out with the Office’s assistance, and that the MLC, 2006, was before the Popular National Assembly for consideration. It had also noted that 22 merchant shipping vessels were registered in the territory of Guinea Bissau. It requests the Government to provide information on any developments with regard to the possible ratification of the MLC, 2006.

The Committee notes with concern that the Government’s reports on a number of maritime Conventions have not been received. 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. It requests once again the Government to provide information on the following points:

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requests the Government to provide updated information on the number of vessels falling within the scope of application of the Convention and on any legislative development giving effect to the Convention.

The Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. The Committee had recalled that Convention No. 69 only allows the competent authority – not the captain – to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification, and solely in the event of an inadequate supply of certified ships’ cooks. It had also recalled that it is for the national authority to make arrangements for the holding of examinations and for the granting of certificates of qualification. The Committee requests the Government to provide information on the adoption of measures giving effect to Articles 3 and 4 of the Convention.

The Medical Examination (Seafarers) Convention, 1946 (No. 73). Article 5 of the Convention. Period of validity of the medical certificate. In previous comments, the Committee had requested the Government to specify whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee requests the Government to indicate which of these periods of validity for medical certificates is applicable.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Conditions for certification of able seamen. The Committee recalls the Government’s indication in previous reports that while the outdated Decree No. 15.969 of 15 October 1964 dealt with the subject matter of the Convention, the revised General Labour Law would include a chapter of maritime labour. It requests the Government to indicate any progress made in this regard and to transmit a copy of the new legal text once adopted.

The Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91). Article 10 of the Convention. Implementing legislation. The Committee recalls the Government’s indication in previous reports that the Convention was given only partial effect by the General Labour Law as no specific law had been adopted on maritime labour. It requests the Government to indicate any legislative amendments undertaken to fully implement the provisions of the Convention, and to transmit a copy of any new legal text.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. In its previous comments, the Committee drew the Government’s attention to the fact that Convention No. 108 was not revised by the MLC, 2006, and therefore the comments made under Convention No. 108 would not be affected by the preparations for the ratification of the MLC, 2006. The Committee requests the Government, once again, to modify the current seafarer’s identity document (cédula de inscricão marítima) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Period of validity of the medical certificate. The Committee takes note of the Government’s indication that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is before the Popular National Assembly for consideration.

The Committee recalls that, in previous comments, it had asked the Government whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). It therefore requests the Government to indicate which of these periods of validity for medical certificates is applicable.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Period of validity of the medical certificate. The Committee takes note of the Government’s indication that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is before the Popular National Assembly for consideration.

The Committee recalls that Decree No. 45.969 of 15 October 1954, which in particular sets the rules regarding seafarers’ medical examination, does not apply to vessels over 200 tonnes. The MLC, 2006, applies to all ships, whether publically or privately owned, that are ordinarily engaged in commercial activities, irrespective of their tonnage, pursuant to its Article II(4). Only ships engaged in fishing or in similar pursuits, ships of traditional build such as dhows and junks, and warships or naval auxiliaries are excluded from its scope of application.

Moreover, the Committee recalls that, in previous comments, it had asked the Government whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee draws the Government’s attention to Standard A1.2(7)(a) of the MLC, 2006, which provides that a medical certificate will remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity will be one year, and unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or under the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). The Committee requests the Government to provide full particulars in reply to the question regarding the period of validity of seafarers’ medical certificates. The Committee requests the Government to provide information with regard to the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Period of validity of the medical certificate. The Committee takes note of the Government’s indication that it has initiated the ratification process of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is, consequently, unable to report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is currently before the Popular National Assembly for consideration.

The Committee recalls that Decree No. 45.969 of 15 October 1954, which in particular sets the rules regarding seafarers’ medical examination, does not apply to vessels over 200 tonnes. The MLC, 2006, applies to all ships, whether publically or privately owned, that are ordinarily engaged in commercial activities, irrespective of their tonnage, pursuant to its Article II(4). Only ships engaged in fishing or in similar pursuits, ships of traditional build such as dhows and junks, and warships or naval auxiliaries are excluded from its scope of application.

Moreover, the Committee recalls that, in previous comments, it had asked the Government whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee draws the Government attention to Standard A1.2(7)(a) of the MLC, 2006, which provides that a medical certificate will remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity will be one year, and unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or under the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). The Committee requests the Government to provide full particulars in reply to the question regarding the period of validity of seafarers’ medical certificates. The Committee expresses the hope that the Government will soon conclude the ratification process of MLC, 2006, and requests the Government to keep the Office informed of any new development in that regard.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO–IMO Meeting on Medical Fitness Examination of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the MLC, 2006, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

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

Article 5 of the Convention. Period of validity of the medical certificate. The Committee takes note of the Government’s indication that it has initiated the ratification process of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is, consequently, unable to report on the application of the present Convention. The Government indicates that a comparative analysis of the MLC, 2006, and national legislation was carried out with the Office’s assistance, and that the MLC, 2006, is currently before the Popular National Assembly for consideration.

The Committee recalls that Decree No. 45.969 of 15 October 1954, which in particular sets the rules regarding seafarers’ medical examination, does not apply to vessels over 200 tonnes. The MLC, 2006, applies to all ships, whether publically or privately owned, that are ordinarily engaged in commercial activities, irrespective of their tonnage, pursuant to its Article II(4). Only ships engaged in fishing or in similar pursuits, ships of traditional build such as dhows and junks, and warships or naval auxiliaries are excluded from its scope of application.

Moreover, the Committee recalls that, in previous comments, it had asked the Government whether the period of validity of the medical certificate was two years (as mentioned in section 187(6) of Decree No. 45.969) or three months (as indicated by the Government in its previous report). The Committee draws the Government attention to Standard A1.2(7)(a) of the MLC, 2006, which provides that a medical certificate will remain valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity will be one year, and unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or under the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). The Committee requests the Government to provide full particulars in reply to the question regarding the period of validity of seafarers’ medical certificates. The Committee expresses the hope that the Government will soon conclude the ratification process of MLC, 2006, and requests the Government to keep the Office informed of any new development in that regard.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO–IMO Meeting on Medical Fitness Examination of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the Maritime Labour Convention, 2006 (MLC, 2006), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. Medical certificate. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that Decree No. 45.969 of 15 October 1964 is still applicable. The Committee also notes the Government’s indication that the legislation providing that medical certificates are valid for three months is not available at the moment and will be transmitted to the Office as soon as possible. The Committee reminds the Government that according to section 187(6) of Decree No. 45.969 of 15 October 1964 medical certificates are valid for two years. It therefore requests the Government to indicate which of these periods of validity for medical certificates is applicable.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. Medical certificate. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that Decree No. 45.969 of 15 October 1964 is still applicable. The Committee also notes the Government’s indication that the legislation providing that medical certificates are valid for three months is not available at the moment and will be transmitted to the Office as soon as possible. The Committee reminds the Government that according to section 187(6) of Decree No. 45.969 of 15 October 1964 medical certificates are valid for two years. It therefore requests the Government to indicate which of these periods of validity for medical certificates is applicable.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 5 of the Convention. Medical certificate. With reference to its previous comments, the Committee notes the information provided by the Government in its report to the effect that Decree No. 45.969 of 15 October 1964 is still applicable. The Committee also notes the Government’s indication that the legislation providing that medical certificates are valid for three months is not available at the moment and will be transmitted to the Office as soon as possible. The Committee reminds the Government that according to section 187(6) of Decree No. 45.969 of 15 October 1964 medical certificates are valid for two years. It therefore requests the Government to indicate which of these periods of validity for medical certificates is applicable.

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

The Committee notes the Government’s latest report. It requests the Government to provide further information on the following points.

Article 5 of the Convention. The Committee notes the Government’s indication that medical certificates are valid for three months. Please indicate specific provisions of the national legislation which prescribe such period of validity of medical certificates.

Article 8. Please provide information on the practical application of section 187(7) of Decree No. 45.969.