Medical Examination (Fishermen) Convention, 1959 (No. 113) - Guatemala (Ratification: 1961)

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

The Committee notes the Government’s reports on the application of the Conventions related to fishing. In order to provide an overview of the issues relating to the application of these Conventions, the Committee considers it helpful to examine them in a single comment as follows. Further to its previous comments, the Committee notes the Government’s indication of the absence of a fishing fleet, as fishing is still eminently artisanal. In this regard, the Committee requests the Government to provide information on any evolution of the sector which has a bearing on the implementation of the Conventions.

Minimum Age (Fishermen) Convention, 1959 (No. 112)

Article 2 of the Convention. Minimum age of admission to work in the fishing industry. The Committee requested the Government, in its previous comments, to indicate any measure taken to expressly prohibit the employment of children under the age of 15 years on board fishing vessels, subject to the limited exceptions allowed under Articles 2(2)–(3) and 4 of the Convention. The Committee notes the Government’s indication that the General Labour Inspectorate, in application of the Minimum Age Convention, 1973 (No. 138), has not issued any work permit to young workers under 15 years of age since 2013. The Committee observes, however, that the Constitution and the Labour Code fix the minimum age of admission to work at 14 years. While noting the information provided by the Government, in the absence of a clear provision establishing the minimum age for fishers, the Committee requests the Government once again to indicate any measure taken or envisaged to expressly include in the national legislation a general prohibition against the employment of children under the age of 15 years on board fishing vessels.

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

Article 2 of the Convention. Medical certificate. The Committee noted in its previous comments that, according to the Maritime Department of the Ministry of National Defence, there were no regulations allowing to monitor compliance with the application of the Convention in practice. The Committee requested the Government to provide information on the application of Resolution No. AMN-DM-DFTGM-002-2006-FBA/mpc, which stipulates that navigation permits are only issued subject to a certificate from the port authority verifying that the crew members’ medical certificates are valid. The Committee notes the Government’s information that the Ministry of National Defence has indicated that, in relation to the aforementioned resolution, the port authority is competent, inter alia, for verification of competency, verification of navigation safety standards of vessels, but is not in charge of medical certificates. The Committee further notes the Government’s indication that the port authority does not have any register nor statistics on fishers in possession of medical certificates. The Government adds that given that the fishing sector is artisanal and mostly a subsistence activity, the inclusion of medical examination among the conditions for navigation would increment the costs of this activity. Recalling that, as provided under Article 2 of the Convention, no person shall be engaged for employment on a fishing vessel unless he produces a certificate attesting to his fitness for the work, the Committee requests the Government to indicate the measures taken to ensure the implementation of the Convention.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 6(3) of the Convention. Particulars of articles of agreement. The Committee requested the Government to indicate whether it envisaged including in the standard articles of agreement for fishers both a clause concerning the provisions supplied to the fisher according to section 7(g) of Government Order 10 80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention, and a clause concerning the way the wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee notes the Government’s reply that such inclusion has not been contemplated, since it is first necessary to adapt the model agreement – whose revision is still pending and will be conducted as soon as possible – to the current fishing conditions, which have varied markedly since the date of Government Order 10-80. The Committee takes note of this information and requests the Government to indicate the measures taken or envisaged to update the model articles of agreement to put it into full conformity with the Convention.

Article 8. Information on board as to the conditions of employment. The Committee noted that the Government had confirmed that there was no provision enabling fishers to obtain information on board concerning their conditions of employment, as fishing was, for the most part, artisanal and, very frequently, family-based. It was requested to provide information on the outcome of the work it had begun on this subject with the collaboration of the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. The Committee recalls that this provision of the Convention requires that clear information as to the conditions of employment needs to be obtained on board to enable the fisher to satisfy himself as to the nature and extent of his rights and obligations. The Committee notes that the Government did not provide any specific information in this regard and requests it to indicate any measure taken or envisaged to implement this requirement of the Convention.

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

Article 2 of the Convention. Fisher’s medical certificate. Further to its previous comment, the Committee notes that the Government Order No. 9-80 of 9 May 1980 and the Regulations of 4 February 1982 issued by the Ministry of Labour and Social Welfare concerning workers’ medical certificates are still in force. It also notes the Government’s indications that there are no statistical data on the number of fishing vessels denied a navigation permit for failing to produce valid medical certificates because fishing vessels operate on an artisanal basis. It recalls, however, that in earlier reports the Government referred to the adoption of Resolution No. AMN-DM-002-DFTGM-DM-2006-FBA of 7 August 2006, which stipulates that navigation permits are only issued by the command centres on the Pacific and Caribbean coast subject to a certificate from the port authority verifying that the crew members’ certificates are valid. The Committee therefore hopes that the Government will attempt to collate and provide information on the application of this Resolution in its next report, especially data on the refusal by the command centres to grant a permit in the absence of the certificate mentioned above.

Part V of the report form. Practical application. The Committee notes that a working group on maritime fishing and work at sea, which gathers together the Ministry of National Defence, the Ministry of Foreign Affairs, the Social Security Institute and the Ministry of Labour and Social Welfare, has been set up on the initiative of the latter, with a view to bringing about improvements in this area. It requests the Government to keep the Office informed of the outcome of the deliberations of this working group. The Government is also asked to submit general information on the application of the Convention in practice, including on the number of fishers covered by the Convention, and to provide a standard medical certificate applying to fishers, as well as copies of reports of the labour inspection services giving the number and nature of the infringements of the legal provisions implementing the Convention and the corrective measures taken.

Finally, the Committee wishes to 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 sent in the Government’s report and the accompanying documentation. It would appreciate receiving further information on the following points.

Article 2 of the Convention. Fishers’ medical certificate. The Committee notes the information from the Maritime Department of the Ministry of National Defence that there are no regulations allowing it to be ascertained that practical effect is given to the Convention. It also notes that this is why the Ministry of National Defence adopted resolution No. AMN-DM-002-DFTGM-DM-2006-FBA of 7 August 2006, under which the command centres and authorities of the ports of the Republic must require the list of crew members of all fishing vessels and their medical certificates to be valid for one year whatever the age of the fisher. The resolution also provides that, before delivering navigation permits, command centres on the Pacific and Caribbean coasts must require captains and owners of fishing vessels flying the Guatemalan flag to provide a certificate from the authority of the port at which they are registered attesting to the validity of the crew members’ certificates.

The Committee notes that, according to the Government, fishing in some regions is artisanal and family-based, which means that no, or only a few, medical certificates are issued and that it is impossible to verify that fishers hired on a subcontracting basis are in possession of a proper medical certificate. It also notes that enterprises and cooperatives that engage in fishing, including on an artisanal basis, apply the provisions of section 63(f) of the Labour Code which requires workers to undergo a medical examination to ascertain that they are not suffering from any incapacity or occupational disease. The Committee requests the Government to provide detailed information in its next report on the practical effect given to the abovementioned resolution, including statistical data on the number of fishing vessels denied a navigation permit for failing to produce valid medical certificates for all crew members. The Committee would also appreciate receiving a sample of the medical certificate used for applying the Convention. Lastly, it would be grateful if the Government would please confirm that Government Order No. 9-80 of 9 May 1980 and the Regulations of 4 February 1982 issued by the Ministry of Labour and Social Welfare concerning workers’ medical certificates are still in force.

Parts III and V of the report form. The Committee takes note of the Government’s information on the organization and operation of the labour inspection services. It would be grateful if the Government would provide general information on the manner in which the Convention is applied in practice, indicating, for example, the number of professional fishers covered by the Convention and providing statistics, if available, on the number of medical examinations carried out and the medical certificates delivered each year, extracts of labour inspection reports, and information on the number and nature of the infringements reported and the penalties applied.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided in the latest report of the Government. It asks the Government to provide with its next report a sample of the medical certificate issued to fishermen (Article 2 of the Convention) as well as information on the organization and working of inspection (Part III of the report form).