CMNT_TITLE

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Guinea (RATIFICATION: 1960)

Other comments on C113

Observation

2018

Direct Request

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Articles 3–5 of the Convention. Medical certificate. The Committee notes the Government’s indication in its report, in reply to its request concerning Decree No. 2264/MT of 9 April 1982, that the aforementioned Decree has been obsolete since the adoption of Act L/95/23/CTRN of 12 June 1995 issuing the Merchant Navy Code. Observing that this Code does not explicitly establish the obligation to issue a medical certificate before the engagement to serve on board a fishing vessel, the Committee notes that section 553(d) provides that any person wishing to exercise the occupation of seafarer must, inter alia, meet the required conditions of physical fitness, and that section 566 provides that the maritime authority shall undertake the necessary controls regarding periodic medical examinations. Furthermore, the Committee notes the statistical data supplied by the Government according to which the number of recorded medical certificates corresponds to the number of registered fishers. However, it notes that no information is available on the steps taken to implement specific provisions of the Convention, particularly regarding the nature of the medical examination to be made and the particulars to be included in the medical certificate (Article 3), the period of validity of the medical certificate of persons under 21 years of age (Article 4), and the possibility of applying for a further examination if the certificate has been refused (Article 5). Noting the Government’s indication that a review of the Merchant Navy Code was launched in early 2015 with a view to adapting it to current realities taking account of ratified international Conventions, the Committee requests the Government to take all necessary measures giving full effect to the provisions of the Convention.