Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Russian Federation (Ratification: 1969)

The Committee notes the information provided in the Government’s report and the attached documents, in particular the adoption of Decree No. 83 dated 16 August 2004 of the Ministry of Health and Social Development establishing the list of harmful and/or hazardous industrial factors and works in which preliminary and periodic medical examinations shall be conducted and the arrangements for carrying out such examinations. It also notes that under point 15 of Annex 2 of the above Decree work on board ships is enumerated among the harmful and hazardous occupations for which preliminary and periodic medical examinations are required, while Annex 3 of the same Decree sets out the practical details for conducting such examinations. More concretely, the Committee notes that under paragraph 3.3 of Annex 3, persons under 21 years of age must undergo medical examination on an annual basis, which is in line with the requirement of Article 4, paragraph 1, of the Convention. The Committee has not been able to find, however, any provision guaranteeing the right of a person who has been refused a certificate to apply for a further examination by an independent medical referee, as required by Article 5 of the Convention. The Committee would be grateful if the Government would provide additional explanations in this respect. It also invites the Government to specify whether a standard medical certificate form exists, in which case it would appreciate receiving sample copies.

In addition, the Committee notes the Government’s reference, in an earlier report concerning the application of the Medical Examination (Seafarers) Convention, 1946 (No. 73), to Order No. 196 of 9 March 2005 setting up an interdepartmental working group to develop legislation in respect of the organization of medical services for ships’ crews. According to the Government’s indications, a draft Order on medical services for crews in the maritime and river fleets of the Russian Federation has already been adopted laying down standards for medical services and also a new version of the seafarer’s medical book. The Committee requests the Government to keep it informed of the progress made in the finalization of the Order on medical services for ships’ crews and to transmit a copy as soon as it has been adopted.

Finally, the Committee draws the Government’s attention to the new Work in Fishing Convention, which was adopted at the 96th Session of the International Labour Conference in June 2007, with a view to revising and bringing up to date in an integrated manner most existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations, but also addressing the concerns of small-scale fishers. The Committee invites the Government to give due consideration to the new global standard on fishers’ working and living conditions and to keep the Office informed of any decision taken with a view to its ratification.