Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Cuba (Ratification: 1971)

Articles 2–5 of the Convention. Medical examination of fishers. In its previous comment the Committee had requested clarifications in relation to medical examination of fishers based on Resolution No. 94 (of 24 March 2008) of the Ministry of Public Health on maritime medical services. The Committee notes that the Government indicates that Resolution No. 94 is currently under review with the objective of improving its content. The Committee notes that this Resolution remains the main instrument regulating the medical examination of seafarers and fishers. Accordingly, and in light of its ongoing review, the Committee notes that the Resolution regulates seafarers and does not expressly include or exclude fishers. It notes that in accordance with Article 2 of the Convention, article 23 of the Resolution prescribes that any person engaged for employment on board a ship is obliged to undergo a medical examination before boarding and to produce a medical certificate of fitness issued by the maritime medical services. The Committee further notes that article 24 of the Resolution regulates the nature of the medical examination, in line with Article 3 of the Convention. It observes however that the particulars to be included in the medical certificate are not mentioned. According to article 29 of the Resolution, the validity of a medical certificate is of maximum two years, and that if the medical certificate expires in the course of a voyage, it will continue to be in force until the end of the voyage, which is in compliance with Article 4 of the Convention. Nonetheless, the Committee notes that the Resolution does not give effect to the requirement of Article 4(2) of the Convention according to which the validity of medical certificates of young fishers shall not exceed one year. The requirement of Article 5 of the Convention, which provides for the possibility of further examination in case of refusal of a medical certificate, is not reproduced either in the Resolution. Finally, the Committee takes note of the Government’s reference to Resolution No. 284 (16 June 2014) on medical examinations for specific categories of workers, which however does not seem relevant for the implementation of the Convention. In light of all the above, the Committee requests the Government to adopt the necessary measures to implement the following provisions of the Convention: Article 1 (scope of application), Article 3 (particulars of the medical certificate), Article 4(2) (maximum validity of the medical certificate of one year for young fishers), Article 5 (possibility of further examination by a medical referee or referees in case of refusal of the medical certificate) of the Convention. Moreover, the Committee requests the Government to provide an example of a model medical certificate currently in use.