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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3 to 5 of the Convention. Medical examination of fishers. In its previous comment, the Committee requested the Government to adopt the necessary measures to give effect to the following provisions of the Convention: Article 3 (particulars to be included in the medical certificate); Article 4(2) (maximum validity of the medical certificate of one year for young fishers) and Article 5 (possibility of further examination by a medical referee or referees in case of refusal of the medical certificate). While the Committee notes the information provided by the Government in its report on the application of the Convention in practice, it observes that the Government has not adopted new measures to give effect to the provisions referred to above. The Committee therefore once again requests the Government to adopt the necessary measures to give full effect to Articles 3, 4(2) and 5 of the Convention. The Committee also requests the Government to provide a copy of a model of the medical certificate currently in use.

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

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.

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

Articles 2 to 5 of the Convention. Medical examinations of fishers. Further to its previous comment, the Committee notes the Government’s explanations that all fishers must have a medical certificate issued by the maritime medical services after proper medical examination especially vision and hearing tests. The Government indicates that the validity of the medical certificates varies from two months to two years. It also indicates that fishers may undergo a new examination if they do not agree with the results of the initial examination. The Government further states that the medical examination of seafarers and fishers is regulated by Resolution No. 94 of the Ministry of Public Health on maritime medical services. As Resolution No. 94 has not been made available to the Office, the Committee would appreciate receiving a copy.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, 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, extracts from inspection services showing any infringements of the relevant legislation and a specimen of the current medical certificate for fishers.

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 general information provided in the Government’s report concerning Act No. 49 of 28 December 1984, issuing the Labour Code, Act No. 13 of 28 December 1977, on protection and hygiene at work and its implementing Decree No. 101 of 3 March 1982, and Act No. 41 of 13 July 1983, on public health. The Committee asks the Government to specify the legislative or regulatory provisions that give effect to Articles 2 (issuing of a medical certificate), 3 (determination of the nature of the medical examination and the content of the medical certificate), 4 (validity of the medical certificate issued to fishers under 21 years of age), and 5 (possibility of further examination in the event of refusal) of the Convention.

Moreover, the Committee would be grateful if the Government would provide general information on the manner in which the Convention is applied in practice, in accordance with Part V of the report form, including, for instance, details of the number of professional fishers covered by the Convention and statistics, if available, on the number of medical examinations carried out and medical certificates issued each year. The Committee would also like to receive extracts from inspection service reports containing information on the number and nature of the contraventions reported and the penalties imposed.