Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Intervals for the repetition of medical examinations. Further to its previous comments, the Committee notes the information sent by the Government to the effect that new regulatory provisions were to be adopted to provide for the yearly repetition of medical examinations for seafarers under the age of 18 years. The Committee understands that a new regulation on preventive medicine in the transport sector was adopted and took effect on 1 September 2010. The Committee hopes that, with this new Regulation, the national legislation is now fully in conformity with the provisions of Article 3 of the Convention, and requests the Government to provide a copy of the Regulation with its next report.

The Committee draws the Government’s attention to the fact that the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 16, and 67 other international instruments applying to seafarers, contains provisions similar to those of Convention No. 16 as regards compulsory medical certificates for seafarers under 18 years of age. Full application of Convention No. 16 will accordingly facilitate application of the corresponding provisions of the MLC, 2006. The Committee hopes that the Government will shortly be in a position to ratify the MLC, 2006, which establishes a comprehensive and up‑to‑date legal framework to regulate seafarers’ living and working conditions – in particular as regards minimum age and the medical examination of seafarers – and is conducive to the creation of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in this respect.

Part V of the report form. Practical application. The Committee notes the information sent by the Government in its report concerning the platform for cooperation, adopted in April 2009, between the Ministry of Labour and Social Welfare, the Ministry of Communication and Transport and the Ministry of Energy, and aimed at coordinated action, in particular under a joint inspection programme to monitor observance of maritime and labour law on board ships and other nautical vessels. It requests the Government to continue to provide information on the results of the implementation of the abovementioned agreement, together with general information on the application of the Convention in practice, particularly the number of medical certificates issued yearly for seafarers under 18 years of age, the number (if any) of contraventions of the relevant provisions reported by the maritime labour inspectorate and the measures taken to remedy them. The Government is also requested to indicate the manner in which the competent national authorities ensure effective supervision – in terms of both practice and quality – of the medical examination of non-resident foreign young seafarers employed on vessels flying the Mexican flag, particularly where the examination is carried out in the country of residence or domicile of the seafarer.