Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes 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 comments.

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: (i) the current status of Decree 2264/MT of 1982; (ii) any possible implications of the adoption of the Code of the Merchant Navy might have on the application of the Convention; and (iii) 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.