Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Fédération de Russie

Convention (n° 113) sur l'examen médical des pêcheurs, 1959 (Ratification: 1969)
Convention (n° 126) sur le logement à bord des bateaux de pêche, 1966 (Ratification: 1969)

The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows.

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

Article 5 of the Convention. Additional medical examination by a medical referee. In its previous comments, noting the Government’s repeated indications that implementing legislation was in the process of being adopted, the Committee requested the Government to indicate the measures taken to ensure that a person who, after a medical examination, has been refused a certificate may apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee notes the Government’s statement that a draft Order of the Ministry of Health on approval of the procedure for conducting examinations of occupational fitness and forms of medical assessment of fitness to perform specific types of work, is currently undergoing a public consultation process. Moreover, the Committee notes the Government’s indication that, with respect to fishing, which is regulated by the Merchant Shipping Code, the procedure for carrying out medical examinations and the form of medical assessment of the absence of medical contraindications to work on a vessel are established by the federal executive body responsible for the development of the state policy and legal regulation in the sphere of healthcare in agreement with the federal executive body responsible for transport. The Committee notes however that, according to the Government, this procedure has not been established. The Committee recalls that the issue of not having implementing legislation which regulates the procedure for filing an appeal where the fisher has been refused a medical certificate has been pending for many years. The Committee therefore requests the Government to adopt the necessary measures to implement Article 5 of the Convention without delay.

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

Article 3(1) of the Convention. Laws and regulations on crew accommodation. In its previous comments, the Committee noted the lack of substantive progress in the adoption of legislation giving full effect to the provisions of the Convention and expressed the hope that the relevant legislation would be adopted in the near future. It also noted that, in previous reports, the Government had reiterated that it was in the process of preparing draft legislation which would replace the 1977 Regulations on sanitary rules for Soviet vessels and boats, in order to ensure conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this regard, the Committee notes the Government’s indication that the Rules of the Russian Maritime Register of Shipping regulate merchant shipping vessels but contain no special requirements for accommodation on fishing vessels. The Government further indicates that amendments to the Merchant Shipping Code and a number of legislative acts are currently under discussion in the State Duma in order to define the concept of fishing vessel and improve the safety of shipping and navigation. While noting this information, the Committee notes with regret that no substantive progress has been made regarding amending the legislation to bring it into conformity with the Convention. Recalling that the Committee has been drawing the Government’s attention for a number of years to the need to adopt laws and regulations giving effect to a series of provisions of the Convention, the Committee requests the Government once again to adopt the necessary measures without delay.

The Committee is raising other matters regarding Convention No. 126 in a request addressed directly to the Government.