Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Liberia (Ratification: 1960)

Other comments on C113

Observation

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Article 3 of the Convention. Nature of medical examination and particulars to be included in the medical certificate. For the last 16 years, the Committee has been requesting the Government to clarify whether certain provisions of the Requirements for Merchant Marine Personnel (RLM-118), as well as Maritime Regulation 10.325(3), regarding medical certification of seafarers apply also to fishers. In its last report, the Government merely indicates that the legal texts in question apply to fishing vessels of 500 gross tons or more. The Committee observes, in this respect, that the Convention applies to all fishing vessels irrespective of tonnage and therefore requests the Government to take all appropriate measures to ensure that fishers employed on board fishing vessels of less than 500 gross tons are subject to the same medical certification requirements in accordance with the provisions of the Convention.

In addition, the Committee notes that the Government has issued Marine Notice MLC-002, which implements the medical certification requirements of Standard A1.2 of the Maritime Labour Convention, 2006 (MLC, 2006), providing, in particular, that the maximum period of validity of medical certificates should not exceed two years for seafarers above 18 years of age and one year for those under the age of 18. The Committee recalls that similar provisions are found in Article 12 of the Work in Fishing Convention, 2007 (No. 188), which revises and updates most ILO instruments on fishing, including Convention No. 113. Noting the Government’s indication included in its 2010 report on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), that it is planning to amend its Maritime Law (RLM-107) and Regulations (RLM-108), the Committee asks the Government to take prompt action in order to align its legislation with the requirements of Convention No. 188 regarding medical certification of fishers.