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

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Guinea (Ratification: 1960)

The Committee recalls its previous comments in which it requested the Government to indicate whether Decree 2264/MT of 9 April 1982 (sections 5-7 of which gave effect to the provisions of Convention No. 113), is still in force, and also to clarify whether any new provisions have been adopted concerning medical examinations following the adoption of the Code of the Merchant Navy, Act L/95/23/CTRN of 12 June 1995. The Government, in its last report, does not provide any explanations in this regard, but refers to Order 4140/MFP/SGG/2001 of 19 September 2001, which sets out the powers and functions of the National Maritime Harbours’ Health Unit. According to the Government’s indications, the Harbours’ Health Unit is not mandated to carry out any medical examinations of fishers but only medical control over fishing vessels with a view to identifying possibly contagious diseases and alerting the competent authorities accordingly. In the light of the preceding observations, the Committee is obliged to reiterate its request for further clarifications on the following points: (a) the current status of Decree 2264/MT of 1982; (b) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (c) the legislative or other text(s) giving effect to the specific requirements of Articles 3 to 5 of the Convention. The Committee would also appreciate receiving a copy of the abovementioned Order.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner the Convention is applied in practice, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.