Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Azerbaijan

Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1992)
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) (Ratification: 1992)

Previous comment

The Committee notes the Government’s reports on the application of the fishing Conventions ratified by the country. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 4, paragraph 1 of the Convention. Period of validity of medical certificates. The Committee notes that, in reply to its previous comments, the Government provides a copy of the Decision of the Ministry of Health on Improving Compulsory Medical Examinations (No. 46 of 13 December 2012) and of the Rules for Performing Compulsory Medical Examinations approved by Decision No. 24/2 of the Ministry of Health of 15 May 2014. The Committee notes the Government’s information that under Decision No. 46, all workers whose jobs are connected to water transport must undergo medical examinations every two years (point 12 of the list). It observes, however, that, while the Government indicates that young people should undergo medical examinations at least once a year, there appear to be no provisions in this respect in the legal texts supplied. Accordingly, the Committee requests the Government to indicate the measures taken to ensure full compliance with Article 4, paragraph 1 of the Convention.

Article 5. Independent examination by a medical referee.Noting that the Government provides no new information in reply to its previous comments, the Committee requests it again to indicate the national provisions or other measures giving effect to Article 5.

Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

Article 5 of the Convention. Inspections on crew accommodation. The Committee notes that, in reply to its previous comments on the application of Article 5 (inspections when accommodation has been substantially altered or reconstructed), the Government indicates that, pursuant to section 35 of the Merchant Shipping Code, any changes to a vessel may entail its re-registration after inspection and determination of its seaworthiness based on the inspection findings. On the basis of this provision, and in accordance with Articles 4 and 5 of the Convention, all plans and information on the construction, alteration and reconstruction of ships should be submitted in advance to the State Maritime and Port Agency, under the authority of the Ministry of Digital Development and Transport, for approval. The Committee takes note of this information.

Part III (Articles 6–16). Crew accommodation requirements. In its previous comments, the Committee noted that even if the Convention is considered as an integral part of the law of Azerbaijan, this would not be enough to give effect to the provisions of the Convention that are not self-executing. This is the case, for example, of Article 6(9) and of Article 8(4). In this regard, the Committee notes the Government’s indication that in accordance with Article 6, paragraph 9, accommodation on ships must comply with the requirements of regulations on fire safety in construction, as there are no specific regulations regarding fishing vessels. The Government also indicates that the legislation does not set special standards for heating on fishing vessels. Noting the absence of legislation on this issue, the Committee requests the Government to adopt the necessary measures to ensure that the accommodation requirements included in Part III of the Convention are fully implemented in law and in practice.