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Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) - Azerbaijan (Ratification: 1992)

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Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

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

Articles 3 and 6–16 of the Convention. Crew accommodation requirements. Implementing legislation. In its previous comment, the Committee requested the Government to clarify whether the legal texts to which it had been referring and which had been adopted by the former Union of Soviet Socialist Republics were still in force or had been replaced by new maritime legislation. In its last report, the Government made reference to new laws and regulations, such as the Merchant Shipping Code, the Regulations on the service on board maritime transport vessels (Order of the Cabinet of Ministers No. 83 of 20 May 2000) and the Rules on the registration and technical control of small vessels of 2007, without indicating however whether these texts applied to fishing vessels (for instance, the Regulations on transport vessels clearly cover only passenger ships) or how they gave effect to the specific technical requirements set out in the Convention. The Government merely stated that all State-owned fishing vessels had been privatized and today formed a joint-stock company, that all fishing vessels were subject to inspection by the Russian Maritime Register of Shipping and that no new fishing vessels were built after the entry into force of the Convention. The Committee observes that unless the Government provides detailed information on the legislative or administrative provisions implementing each of the provisions of Parts II, III and IV of the Convention, the Committee will not be in a position to evaluate the conformity of the national legislation with the requirements of the Convention. Recalling that the Convention contains very detailed accommodation standards, especially with respect to sleeping quarters, ventilation, heating, lighting, sanitary facilities and medical and cooking equipment for fishing vessels above 75 gross tons, or alternatively 24.4 metres in length, the Committee requests the Government to provide in its next report full particulars on the manner in which these standards are implemented in law and practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report, which replies only partially to the detailed comments formulated by the Committee since 1999. Given the fact that the Government had not submitted a report for the past six years, it is highly likely that the legal information and documentary sources upon which the Committee has drawn to make its comments are no longer in effect or up to date. More concretely, the Government had been referring to legal texts adopted by the former Union of Soviet Socialist Republics, such as the Sanitary Regulations for seafaring vessels of 1982, the Regulations concerning safety devices for seafaring vessels of 1988 and the Regulations concerning safety devices on naval vessels of 1991. The Committee requests the Government to clarify whether these texts are still in force, repealed, or otherwise amended, and to forward a copy of all relevant texts which may have not been previously submitted. It would also be grateful if the Government could supply a copy of the Commercial Shipping Code and the Charter of Service aboard Maritime Transport Vessels.

Article 3 of the Convention. The Committee notes the Government’s indication that several organizations are involved in monitoring the implementation of laws and regulations onboard fishing vessels, in particular the State Maritime Administration established by Presidential Decree of 21 April 2001 and the State Labour Inspectorate, established by Presidential Decree of 27 January 1997. It requests the Government to provide additional explanations on the respective duties and functions of the various inspection bodies, including the State Health and Epidemiological Services, and the Azerbaijan Trade Union Confederation. It would also appreciate receiving information as to whether and how the fishing vessel owners’ and fishers’ organizations are consulted with regard to the framing of national regulations concerning the crew accommodation for fishing vessels.

Articles 6-16. The Committee recalls its previous comments in which it requested clarification on numerous specific points. These points having remained unanswered so far, the Committee is obliged to ask once more the Government to provide full particulars on the legislative or administrative provisions currently in force giving effect to the detailed requirements of Part III of the Convention, so as to enable a proper evaluation of the application of the Convention both in law and practice.

Part V of the report form. The Committee would be grateful if the Government would provide up to date information on the manner in which the Convention is applied in practice, including, for instance, statistics on the size of the fishing fleet (if possible, broken up by type of vessel and tonnage) and workforce, copies of official documents such as inspection guidelines or manuals, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period from 1 June 1997 to 1 September 1998.

1. The Committee notes that there seem to be divergences between the provisions of the national legislation of Azerbaijan and Article 12, paragraph 2(c), of the Convention under which one washbasin shall be provided for every six persons or less, while under Chart 4 to the Sanitary Rules for seagoing vessels of the fishing fleet of the USSR, approved by the Chief Sanitary Doctor of the USSR on 22 December 1977 under No. 1814-77 (the "Sanitary Rules for the fishing fleet"), one washbasin is only provided for every eight persons. The Committee asks the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this point.

2. The Committee asks the Government to provide further information on the following points.

Article 1, paragraph 1. The Committee notes that in accordance with Part I of the Preamble to the Safety Requirements for Seagoing Vessels (RD 31.81.01﷓87), approved by the joint Decision No. SM-53/2446 of the Ministry of the Maritime Fleet of the USSR and the Ministry of the Shipbuilding Industry of the USSR, dated 2 August 1988 (the "Safety Requirements"), the Safety Requirements shall be applicable to seagoing vessels of the Ministry of the Maritime Fleet (including vessels that are constructed and purchased ready-made abroad). Please indicate whether at the time of the adoption of the Safety Requirements the seagoing ships of the fishing fleet in Azerbaijani SSR were placed under the authority of the Ministry of Maritime Fleet of the USSR or some other ministry (e.g. the Ministry of Fishing Industry of the USSR) and confirm whether the Safety Requirements are in fact applicable to the seagoing ships of the fishing fleet.

The Committee further notes that in accordance with section 1.1 of the Rules of Accident Prevention on Board of Seagoing Vessels (RD 31.81.10-91), approved by the Deputy Minister of Maritime Fleet on 17 September 1991 (the "Rules of Accident Prevention"), these Rules are applicable to the workers of navigation staff of all vessels and floating structures of the Ministry of Maritime Fleet that are in operation, under repair or standing idle. Please indicate whether at the time of the adoption of the Rules of Accident Prevention the seagoing ships of the fishing fleet in Azerbaijani SSR were placed under the authority of the Ministry of Maritime Fleet of the USSR or some other ministry (e.g. the Ministry of Fishing Industry of the USSR) and confirm whether the Rules of Accident Prevention (RD 31.81.10-91) in the Republic of Azerbaijan are in fact applicable to the seagoing ships of the fishing fleet.

Article 3, paragraph 1. The Committee asks the Government to confirm whether all rules and regulations indicated in the report are in fact applicable to fishing vessels in the Republic of Azerbaijan.

Article 3, paragraph 2(a). Please indicate the provisions of the laws and regulations giving effect to the Convention that require the competent authority to bring them to the notice of all persons concerned.

Article 3, paragraph 2(b). Please indicate the bodies and persons currently responsible for compliance with the laws and regulations giving effect to the Convention.

Article 3, paragraph 2(c). The Committee asks the Government to indicate whether the non-state body of supervision and control over the labour protection of the Republic of Azerbaijan mentioned in the report and the state body of supervision and control over labour protection in the Republic of Azerbaijan mentioned in the report under Convention No. 133 for the period from May 1992 to September 1995, is the same body or if these are two different bodies. Please also indicate how cooperation is organized between different inspection services.

Article 3, paragraph 2(d). Please indicate what penalties are prescribed for the violation of the laws and regulations of the Republic of Azerbaijan that ensure the application of the Convention.

Article 3, paragraph 2(e). The Committee asks the Government to indicate which provisions of laws and regulations of the Republic of Azerbaijan giving effect to the Convention require the competent authority to consult periodically the fishing vessel owners’ and fishermen’s 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.

Article 4. Please indicate the bodies currently responsible for coordination of documentation for construction, re-equipment and modernization of vessels.

Article 5, paragraph 1(a). The Committee asks the Government to indicate whether the competent authority shall inspect the vessel on every occasion when a fishing vessel is registered or re-registered and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(b). Please indicate whether the competent authority shall inspect the vessel on every occasion when the crew accommodation of a vessel has been substantially altered or reconstructed and, if so, which provision of the national legislation establishes such requirement.

Article 5, paragraph 1(c). The Committee asks the Government to indicate the procedure for making complaints to the competent authority in accordance with Article 5, paragraph 1(c). Please indicate whether the competent authority shall inspect the vessel on every occasion when such complaint is made; and, if so, which provision of the national legislation establishes such requirement.

Article 6, paragraph 3. The Committee asks the Government to indicate whether effect is given to this provision in vessels of category III and category IV. Please indicate the specific provision of the national legislation requiring that part of the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

Article 7, paragraph 4. Please indicate whether in vessels of category III and category IV, where no artificial ventilation is provided, it is required to equip them with electric fans.

Article 8, paragraph 3. The Committee asks the Government to indicate whether in the national legislation there is an explicit prohibition of heating by means of open fires.

Article 9, paragraph 2. Please indicate whether two independent sources of electricity are required and, if not, whether additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

Article 10, paragraphs 3(a) to 3(d). The Committee asks the Government to indicate what are the standards concerning the size of berths, tables, chairs, lockers, sofas and other vessels’ furniture.

Article 10, paragraph 8. Please indicate whether any use has been made of the exceptions provided for in this provision of the Convention.

Article 10, paragraph 9. Please indicate whether for sleeping rooms the inscription on the door shall indicate the maximum number of persons to be accommodated in this room.

Article 11, paragraph 1. The Committee asks the Government to clarify whether mess room accommodations shall be provided in all vessels carrying a crew of more than ten persons.

Article 12, paragraph 1. Please confirm that the crew does not live permanently on board vessels engaged in voyages of not more than 24 hours when in port and, if so, indicate the specific provision of the national legislation imposing such prohibition.

Article 13, paragraph 1. The Committee asks the Government to clarify whether a sick bay is required on vessels of 45.7 metres but below 65 metres in length and, if so, to indicate the specific provision of the national legislation establishing such requirement.

Article 13, paragraph 2. Please indicate how the competent authority gave consideration to the Ships’ Medicine Chests Recommendation, 1958 (No. 105), and the Medical Advice at Sea Recommendation, 1958 (No. 106).

Article 16, paragraph 4. Please confirm that the crew does not live permanently on board vessels of category III and category IV, engaged in voyages of eight hours or less, when in port.

Article 17, paragraph 4. The Committee asks the Government to indicate whether the competent authority has required certain alterations to be made in fishing vessels in the cases covered by Article 17, paragraph 4, of the Convention.

The Committee also asks the Government to indicate the specific provisions of the national legislation that give effect to Article 6, paragraphs 2, 4, 7, 9, 10, 11, 13, 14; Article 7, paragraphs 3 and 5; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; Article 11, paragraphs 7 and 8; Article 12, paragraphs 7 and 11; Article 15; and Article 16, paragraph 6, of the Convention.

Part III of the report form. Please 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 in Azerbaijan.

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.

3. The Committee asks the Government to provide copies of the following documents:

- Law of the Republic of Azerbaijan on the labour protection, dated 29 August 1992;

- Sectoral Standard "Ships of the fishing fleet. General requirements of safety.", approved on 31 January 1980 under No. 50 (OST 15.210-79);

- Sectoral Standard "Ships of the fishing fleet. Routs, communications, ladders, ramps. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.211-79);

- Sectoral Standard "Ships of the fishing fleet. Ship’s accommodations. Safety requirements.", approved on 31 January 1980 under No. 50 (OST 15.214-79);

- Rules concerning Accident Prevention on Vessels of the Fishing Fleet of the USSR;

- Regulations on service on vessels of the fleet of the fishing industry of the USSR.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)