Medical Examination (Fishermen) Convention, 1959 (No. 113) - Uruguay (Ratification: 1973)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 4(1) of the Convention. Validity of medical certificates. In its previous comments, the Committee requested the Government to indicate the specific provisions which ensure that the validity of medical certificates for young fishers under 21 years of age does not exceed one year from the date of issue, and to provide a copy of the standard form of medical certificate for persons under 21 years of age, and of the information provided on the new adolescent health card, the use of which is compulsory for health checks of young persons between 12 and 19 years of age. Furthermore, the Committee notes the Government’s reference to Resolution No. 3344/2017 of the Uruguayan Institute for Children and Young Persons (INAU) approving the List of Hazardous Occupations as of 1 December 2017. In this respect, the Committee notes that the Children and Young Persons Code, adopted by Act No. 17.823 of 7 September 2004, defines adolescents as persons over 13 and under 18 years of age (section 1). The Committee notes that the instructions for use of the new adolescent health card indicate that the validity period of the card, which must be recorded on the back of the card, is a maximum of one year for adolescents from 15 years of age and six months for those under 15 years of age. The Committee further notes that the Children and Young Persons Code provides that all adolescents under 18 years of age who wish to work shall be required to undergo an annual medical examination (section 168). The Committee notes this information.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 4(1) of the Convention. Validity of medical certificates. The Committee, in its previous comment, had requested the Government to provide information on steps taken or envisaged to give effect to Article 4(1) of the Convention. Under this provision, in the case of young persons of less than 21 years of age, the medical certificate shall remain in force for a period not exceeding one year from the date on which it was granted. The Committee notes the Government’s reference, in its report, to Decree No. 651/1990 of 18 December 1990 for medical certificates in general, and to Decree No. 295/009 enacted on 22 June 2009 entitled “Carné de Salud del/de la adolescente”. Based on this framework, the Committee understands that the medical certificate for young persons between 12 and 19 years of age has annual validity. The Committee notes however that Decree No. 295/009 has been repealed by Decree No. 267/017, enacted on 18 September 2017, which has introduced a new regulation of medical certificates for adolescents. It notes in particular that Article 8 of this Decree entrusts the Ministry of Public Health to develop instructions for the use of medical certificates of adolescents as well as their characteristics. In light of the above, the Committee requests the Government to indicate the specific provisions which ensure that the validity of medical certificates for young fishers under 21 years of age does not exceed one year. It also requests the Government to provide a copy of the standard form of medical certificate currently in use.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4(1) of the Convention. Health booklets for young fishers under 21 years of age. Further to its previous comments regarding laws or regulations that would require the validity of medical certificates issued to fishers under 21 years of age not to exceed one year, the Committee notes the Government’s indication that draft Decree No. 295/009 of 22 June 2009, which would have satisfied this requirement of the Convention, was finally not adopted out of concerns that it could lead to workplace discrimination. The Committee requests the Government to provide information on steps taken or envisaged to give effect to this Article of the Convention. It also requests the Government to provide a copy of the standard form of health booklet currently in use.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that it does not maintain detailed data regarding medical examination of fishers. Noting that, pursuant to Chapter 2 of Act No. 18.211 of 5 December 2007, the Integrated National Health System will eventually store this type of information, the Committee requests the Government to provide, as soon as it becomes available, general information on the application of the Convention in practice, for instance, the number of professional fishers covered by the Convention, statistics on the number of medical examinations carried out and medical certificates issued each year, and extracts from reports of the inspection services showing any contraventions reported.

Finally, the Committee wishes to once more draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report. However, it would be grateful to be provided with further information on the following points.

Article 4, paragraph 1, of the Convention. Health booklets for young fishers under 21 years of age. Further to its previous comments on this point, the Committee notes that the Government refers once again to Decrees Nos. 439/969 of 9 September 1969 and 651/990 of 18 December 1990. It regrets that the Government is still not in a position to specify clearly whether the validity of a medical certificate issued to fishers under 21 years of age may not exceed a period of one year, as required by this Article of the Convention. The Committee is therefore bound to request the Government once again to indicate the provisions of laws or regulations which continue to give effect to Article 4, paragraph 1, of the Convention. It also reiterates its previous request to the Government to provide samples of the health booklets issued to fishers.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice with an indication, for instance, of the number of professional fishers covered by the Convention and statistics on the number of medical examinations carried out and medical certificates issued each year, extracts from the reports of the inspection services containing information on the number and nature of the contraventions reported and the penalties imposed, etc.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 4, paragraph 1, of the Convention. The Committee recalls that under this provision of the Convention, in the case of young persons of less than 21 years of age, the medical certificate shall remain in force for a period not exceeding one year from the date on which it was granted. It notes the Government’s indication that the period of validity of the medical certificate for young persons continues to be governed by Decree No. 439/969. The Committee notes that under section 3 of the regulations concerning health card for the personnel of the national merchant fleet, approved by this Decree, the health card is subject to an annual renewal.

The Committee further notes that samples of the health cards provided by the Government with its previous reports, including that issued by the National Administration of Ports in 1981 to a person of 19 years of age, have a period of validity of two years. It asks the Government to clarify which are the specific provisions of the national legislation that continue to apply section 3 of the regulations to the validity of the health cards of fishermen under 21 years of age. Please also provide a sample of the health card issued to such fishermen.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 4 of the Convention (Annual medical examinations for young persons under the age of 21). The Committee notes the information provided by the Government in its report, according to which Executive Decree No. 651/990 of 18 December 1990 is in force and establishes the single compulsory health card produced by the Ministry of Public Health, containing the medical examinations provided for in the basic medical card and those regarding the specific features of the crew labour activity. The Committee also notes that the normal period of validity is two years and that this period shall vary according to the activity in question, taking into account the inherent risks. The Committee requests the Government to inform it whether the period of validity of the medical certificate for young persons under the age of 21 hired to work on fishing vessels continues to be governed by Decree No. 439/969, referred to by the Government in previous reports.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 73 mutatis mutandis, as follows:

The Committee notes Decree No. 651/990 of 18 December 1990 which creates the basic health card, as well as the information provided by the Government according to which the measures applicable to seafarers, with regard to the examinations to be undertaken and their periodicity, are being considered by the Ministry of Public Health together with the National Maritime Authority. The Committee would be grateful if the Government would specify in its next report the extent to which the legislation which guarantees the application of the Convention has been modified by the coming into force of the above Decree. It trusts that the Government will also supply information on all consultations held with the shipowners' and seafarers' organizations concerned in this respect, in accordance with Article 4, paragraph 1, of the Convention.

In this context, the Committee also notes the Government's statement that it has approved HIV testing. The Committee would like in general and by way of information to draw the Government's attention to the Consensus Statement from the Consultation on AIDS and Seafarers, of October 1989, convened by the World Health Organization (WHO) and the ILO in which, among other matters, it is stated that HIV infection does not in itself imply a limitation of fitness for work. The Consensus Statement endorsed the Statement from the Consultation on AIDS and the Workplace, held in June 1988 and also organized by the WHO and the ILO, in which it is indicated in particular that the confidentiality of HIV testing should be ensured. The Committee would be grateful if the Government would supply details on the nature of the HIV test and any indications in this respect contained in the certificate and if it would indicate whether the shipowners' and seafarers' organizations concerned have also been consulted concerning this aspect of the medical examination. Please transmit, taking into account the provisions of Article 4, and the above statements, a model of the medical certificate issued under the above Decree.