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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.

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The Committee notes the reports sent 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(1) of the Convention. Period of validity of medical certificates. The Committee notes the Government’s statement that the frequency of in-service examinations depends on which follow-up category the subject is placed into: healthy, once every three years; practically healthy, annually; and with a chronic or compensated disease, on a case-by-case basis. While noting this information, the Committee recalls that the Convention provides that for young fishers the medical certificate shall remain in force for a period not exceeding one year. Accordingly, the Committee requests the Government to indicate the measures taken or envisaged in order to comply fully with the requirements of this Article of the Convention. The Committee further notes that the Government provided a list of the main laws and regulations governing medical examinations of fishers for the purpose of determining their fitness for work in Azerbaijan’s fishing industry. Among those, the Committee notes the following: Decision of the Ministry of Health of Azerbaijan on Improving Compulsory Medical Examinations (No. 46 of 13 December 2012) and the Rules for Performing Compulsory Medical Examinations approved by Decision No. 24/2 of the Ministry of Health of Azerbaijan dated 15 May 2014. The Committee requests the Government to provide copies of the abovementioned instruments and to indicate the legal provisions related to the implementation of the Convention.
Article 5. Independent examination by a medical referee. The Committee had requested the Government to specify the legal provisions ensuring the fisher’s right to a further examination by a medical referee if refused a certificate. The Committee notes the Government’s statement that, in the event of a dispute over the result of a medical examination, the head doctor sets up an ad hoc panel within the medical institution in question, which decides whether the individual is physically fit for work on board a vessel, and that its decision is final. Taking note of this information, the Committee requests the Government to provide copies of the relevant legal provisions.

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

Articles 3–17 of the Convention. Implementing legislation on crew accommodation requirements. The Committee had requested the Government to provide detailed information on the legislative or administrative provisions implementing Parts II, III and IV of the Convention, in order to be in a position to evaluate conformity of the national legislation with the requirements of the Convention.
Regarding the implementation of Part II (Articles 4 and 5), the Committee notes the Government’s reference to the Regulations on the Rules for Ship Inspection, approved by the Cabinet of Ministers which provides for an initial inspection of crew accommodation requirements of vessels before their registration. The Committee further notes that according to the Government the performance of these inspections, which also take place during the re-registration process of ships, have been delegated to classification societies. The Committee notes, however, that the abovementioned Regulations do not seem to provide inspections when the crew accommodation of a vessel has been substantially altered or reconstructed, as required by Article 5 of the Convention. The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.
Regarding Part III (Articles 6–16), the Committee notes the Government’s statement that, in accordance with article 148(2) of the Constitution, “international agreements to which the Republic of Azerbaijan is a party are an integral part of the law of the Republic of Azerbaijan”, and that “[a]ll of the ILO Conventions ratified by Azerbaijan have the force of national law and are an integral part of labour law”. The Committee recalls, however, that Article 3(1) of the Convention prescribes that each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention. The Committee recalls 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) which requires that the competent authority shall decide to what extent fire prevention or fire retarding measures shall be required to be taken in the construction of the accommodation; and of Article 8(4) which provides that the competent authority shall prescribe the standard concerning the heating system for the crew accommodation. In addition, according to Article 3(2)(e), the laws or regulations shall require the competent authority to consult periodically the fishing-vessel owners’ and fishers’ organizations, where such exist, in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof. In view of the above, the Committee requests the Government to provide full particulars on the manner in which all the detailed accommodation standards included in Part III of the Convention are implemented in law and practice.
Regarding Part IV (Article 17), the Committee takes note of the Government’s statement that the national law does not contain any requirements for modifications to be made in vessels in the various cases covered by Article 17 of the Convention and especially paragraph 2(a) and (b), in respect of vessel re-registration. The Committee takes note of this information.

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Article 4(1) of the Convention. Period of validity of medical certificates. Further to its previous comment, the Committee notes the Government’s explanation that the frequency of medical examinations of fishers is determined in accordance with the fisher’s medical record: once every three years for healthy persons, every year for practically healthy persons and on a case-by-case basis for those suffering from chronic diseases. The Committee recalls that, under this Article of the Convention, the period of validity of the medical certificate depends of the fisher’s age and not the fisher’s health. More concretely, the Convention provides that for young persons of less than 21 years of age, the validity of the medical certificate may not exceed one year. The Committee therefore requests the Government to take the necessary measures in order to bring the national legislation into line with this requirement of the Convention. The Committee recalls, in this connection, that Article 12(2) of the new Work in Fishing Convention, 2007 (No. 188), which revises and brings up to date in an integrated manner most of the existing ILO fishing instruments, prescribes a maximum period of validity of two years for all medical certificates granted to fishers over 18 years of age.
Article 5. Independent examination by a medical referee. Further to its previous comment, the Committee notes the Government’s indication that medical examinations of fishers are carried out by a medical commission at the Central Mariners’ Hospital and that, if one of the specialist doctors reports an illness or physical disability, the fisher concerned is declared unfit to work on board ship and no further examinations are conducted. The Committee also notes, however, the Government’s statement that a special commission will be set up to resolve any instances of conflict resulting from the medical certification process. The Committee requests the Government to specify the legal provisions, and transmit a copy of any relevant text, ensuring the fisher’s right to a further examination by another independent medical practitioner if refused a certificate, as prescribed by this Article of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Article 11(e) of Convention No. 188.
Part V of the report form. Practical application. The Committee would be grateful if the Government would provide together with its next report up-to-date information on the manner in which the Convention is applied in practice, including for instance the approximate number of fishers covered by the Convention, a sample of the standard form of medical certificate in use, and inspection results showing the number of infringements observed and action 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 or 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.

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The Committee notes the information contained in the Government’s report and asks the Government to provide additional information on the following points. It would also be grateful if the Government could supply copies of the Commercial Shipping Code, the resolution of the Cabinet of Ministers No. 142 of 12 June 2006 concerning the establishment of a procedure for the implementation of the Medical Certification Cards system, and of the Orders of the Ministry of Health No. 13 of 23 January 1990 concerning the conduct of preventive medical examinations and No. 158 of 23 December 2005 concerning the conduct of preventive examinations.

Article 3, paragraphs 1 and 2, of the Convention. The Committee notes the Government’s explanations concerning the Order of the Ministry of Health No. 158 of 23 December 2005 which sets out the medical institutions in charge of compulsory medical examinations, the types of tests to be performed, the frequency of examinations and the procedure to be followed. The Committee requests the Government to indicate, in this respect, whether the fishing vessel owners’ and fishers’ organizations concerned were consulted before prescribing the nature of the medical examination and the particulars to be included in the medical certificate, as required under this Article of the Convention, and also to specify whether the age of the person to be examined affects the nature of the examination in any possible manner.

Article 4, paragraph 1. The Committee notes that, by virtue of the resolution of the Cabinet of Ministers No. 58 of 24 March 2000, persons under 18 years of age are prohibited from being employed to work on board any type of maritime vessel. It also notes that persons over 18 years of age undergo examinations in accordance with the legislation in force, that is to say, every three years for those in complete health and annually for those in almost complete health. In this connection, the Committee asks the Government to explain how the national legislation gives effect to this Article of the Convention which requires the validity of the medical certificate for young persons of less than 21 years of age not to exceed a period of one year from the date of its issue.

Article 5. The Committee notes the Government’s explanations on the special commission which may be set up at the relevant treatment and prevention institution in order to resolve conflicts arising from the results of medical examinations. It requests the Government to specify the legal instrument providing for those commissions and to forward a copy if it has not been previously submitted.

Part V of the report form. The Committee would thank the Government if it could provide up to date information on the practical application of the Convention, including, for instance, the number of professional fishers covered by the Convention, any available statistics on the number of medical examinations performed and medical certificates delivered to fishers annually, extracts from reports of the inspection services containing information on the number and nature of any contraventions observed, etc.

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The Committee notes the Government’s report indicating that the information asked for in the direct request of 1999 cannot be provided because the State Fishery Concern is presently undergoing privatization. It trusts that the Government will make the information available as soon as possible. In the meantime, the Committee sees itself obliged to return to its direct request, which read as follows:

  Article 1, paragraph 1, of the Convention. Please clarify whether the provisions of the Sanitary Rules for the fishing fleet concerning the mandatory medical examination are applicable to non-deck fishing ships (if any) and to fishing ships with a length of less than 12 metres (if any). Please also clarify whether Order No. 25 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the maritime and fishing vessels", dated 14 January 1972, still governs the medical examination of fishermen in Azerbaijan or whether it was superseded by Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the fleet", dated 6 November 1981 (subsequently amended by Order No. 855 of the Ministry of Health of USSR, dated 27 August 1982) and, if so, provide a copy of Order No. 1145.

  Article 1, paragraph 2. The Committee asks the Government to indicate whether any exemptions have been granted in accordance with the provisions of paragraph 2 and to provide information regarding the consultations (if any) which have taken place in relation thereto with the fishing boat owners’ and fishermen’s organizations concerned.

  Article 2. Please clarify whether the persons taking a job on a seagoing vessel in a profession not listed in Attachment No. 1 to Order No. 25 (if any) shall also be subject to a mandatory medical examination in accordance with section 10.2.1. of the Sanitary Rules for the fishing fleet and Order No. 25. Please indicate whether in case of termination of employment the seafarer’s medical record book is handed over to the seafarer or whether it remains in the possession of the shipowner.

  Article 3, paragraph 1. The Committee asks the Government to indicate which fishing boat owners’ and fishermen’s organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate.

  Article 3, paragraph 2. Please indicate whether in the process of prescribing the nature of the examination due regard has been given to the age of the person to be examined.

  Article 5. The Committee asks the Government to describe the legal status of the medical-preventive institutions and that of the special commission of the medical-preventive institution (section 2 of Attachment No. 3 to Order No. 25), to indicate whether they are independent from the fishing boat owner or of any organization of fishing boat owners or fishermen that operates in the respective basin; and to indicate whether the decision of the special commission can be challenged in court.

  Part III of the report form. The Committee asks the Government to indicate to what authority or authorities the application of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. Please also provide information on the organization and working of inspection.

  Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied.

  Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.

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The Committee notes the Government's report for the period from May 1992 to September 1996. It requests the Government to provide further information on the following points:

Article 1, paragraph 1, of the Convention. Please clarify whether the provisions of the Sanitary Rules for the fishing fleet concerning the mandatory medical examination are applicable to non-deck fishing ships (if any) and to fishing ships with a length of less than 12 metres (if any). Please also clarify whether Order No. 25 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the maritime and fishing vessels", dated 14 January 1972, still governs the medical examination of fishermen in Azerbaijan or whether it was superseded by Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of navigating staff of vessels of the maritime and fishing fleet, and persons entering into educational institutions for the preparation of specialists for work in the fleet", dated 6 November 1981 (subsequently amended by Order No. 855 of the Ministry of Health of USSR, dated 27 August 1982) and, if so, provide a copy of Order No. 1145.

Article 1, paragraph 2. The Committee asks the Government to indicate whether any exemptions have been granted in accordance with the provisions of paragraph 2 and to provide information regarding the consultations (if any) which have taken place in relation thereto with the fishing boat owners' and fishermen's organizations concerned.

Article 2. Please clarify whether the persons taking a job on a seagoing vessel in a profession not listed in Attachment No. 1 to Order No. 25 (if any) shall also be subject to a mandatory medical examination in accordance with section 10.2.1. of the Sanitary Rules for the fishing fleet and Order No. 25. Please indicate whether in case of termination of employment the seafarer's medical record book is handed over to the seafarer or whether it remains in the possession of the shipowner.

Article 3, paragraph 1. The Committee asks the Government to indicate which fishing boat owners' and fishermen's organizations were consulted in respect of the nature of the medical examination to be made and the particulars to be included in the medical certificate.

Article 3, paragraph 2. Please indicate whether in the process of prescribing the nature of the examination due regard has been given to the age of the person to be examined.

Article 5. The Committee asks the Government to describe the legal status of the medical-preventive institutions and that of the special commission of the medical-preventive institution (section 2 of Attachment No. 3 to Order No. 25), to indicate whether they are independent from the fishing boat owner or of any organization of fishing boat owners or fishermen that operates in the respective basin; and to indicate whether the decision of the special commission can be challenged in court.

Part III of the report form. The Committee asks the Government to indicate to what authority or authorities the application of the legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced. Please also provide information on the organization and working of inspection.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied.

Part VI of the report form. Please indicate representative organizations of employers to which copies of the report have been communicated in accordance with article 23, paragraph 2 of the Constitution of the International Labour Organization.

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