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

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

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:

Articles 2 and 3 of the Convention. Medical certificate for fishers. 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 did not provide any explanations in this regard, but referred 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 bound 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. Application in practice. 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 issued to fishers annually, extracts from reports of the inspection services, information concerning the number and nature of contraventions observed, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and which revises and updates most ILO instruments on fishing, including Convention No. 113. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.