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

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Azerbaijan (Ratification: 1992)

The Committee notes the Government’s report indicating that the information asked for in the direct request of 1999 cannot be provided because the State Fishery Concern is presently undergoing privatization. It trusts that the Government will make the information available as soon as possible. In the meantime, the Committee sees itself obliged to return to its direct request, which read as follows:

  Article 1, paragraph 1, of the Convention. Please clarify whether the provisions of the Sanitary Rules for the fishing fleet concerning the mandatory medical examination are applicable to non-deck fishing ships (if any) and to fishing ships with a length of less than 12 metres (if any). Please also clarify whether Order No. 25 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the maritime and fishing vessels", dated 14 January 1972, still governs the medical examination of fishermen in Azerbaijan or whether it was superseded by Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the fleet", dated 6 November 1981 (subsequently amended by Order No. 855 of the Ministry of Health of USSR, dated 27 August 1982) and, if so, provide a copy of Order No. 1145.

  Article 1, paragraph 2. The Committee asks the Government to indicate whether any exemptions have been granted in accordance with the provisions of paragraph 2 and to provide information regarding the consultations (if any) which have taken place in relation thereto with the fishing boat owners’ and fishermen’s organizations concerned.

  Article 2. Please clarify whether the persons taking a job on a seagoing vessel in a profession not listed in Attachment No. 1 to Order No. 25 (if any) shall also be subject to a mandatory medical examination in accordance with section 10.2.1. of the Sanitary Rules for the fishing fleet and Order No. 25. Please indicate whether in case of termination of employment the seafarer’s medical record book is handed over to the seafarer or whether it remains in the possession of the shipowner.

  Article 3, paragraph 1. The Committee asks the Government to indicate which fishing boat owners’ and fishermen’s organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate.

  Article 3, paragraph 2. Please indicate whether in the process of prescribing the nature of the examination due regard has been given to the age of the person to be examined.

  Article 5. The Committee asks the Government to describe the legal status of the medical-preventive institutions and that of the special commission of the medical-preventive institution (section 2 of Attachment No. 3 to Order No. 25), to indicate whether they are independent from the fishing boat owner or of any organization of fishing boat owners or fishermen that operates in the respective basin; and to indicate whether the decision of the special commission can be challenged in court.

  Part III of the report form. The Committee asks the Government to indicate to what authority or authorities the application of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. Please also provide information on the organization and working of inspection.

  Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied.

  Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.