Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite International Standards Group. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. The Committee requested information from the Government on the repatriation of seafarers in the event of shipwreck. It notes that the Government refers to section 12 of Act No. 16.387 of 27 June 1993 and section 13 of Decree No. 426/994 of 20 September 1994, on merchant ships and the right to fly the national flag. The Committee observes, however, that although these provisions require merchant ships flying the national flag to transport shipwrecked seafarers free of charge, the legislation does not guarantee the right of seafarers to repatriation in the event of shipwreck. The Committee accordingly asks the Government once again to indicate the measures taken to give effect to Article 4 of the Convention.

Medical Examination (Seafarers) Convention, 1946 (No. 73)

Articles 3–5 of the Convention. Compulsory medical certificate. The Committee previously noted the absence of any regulatory provisions on special health cards for seafarers that give effect to the provisions of the Convention, and requested the Government to send information on progress made in this regard. The Committee notes with satisfaction the adoption of Maritime Provision No. 162/016 of 15 April 2016 on the maritime health certificate, which responds to its earlier requests regarding seafarers’ medical certificates.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Articles 3 and 4 of the Convention. Legislation to ensure the application of the Convention. The Committee drew the Government’s attention to the absence of any laws ensuring the application of technical standards on the accommodation of crews laid down in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and in Part I of this Convention. The Committee notes with interest the adoption of Circular DIRME No. 014/16 of 29 September 2016, under which ships and floating structures must comply with ILO technical standards which are subject to inspection by the Technical Committee of the Registry and Merchant Marine Directorate (DIRME–COTEC).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Entitlement to repatriation. The Committee recalls that the Convention provides that the expenses of repatriation shall not be a charge on the seafarer if he or she has been left behind by reason of, among others, shipwreck. However, the Committee understands that, in the event of shipwreck, national legislation only provides for the circumstances under which accrued salaries or special benefits may be paid to crew members, under sections 1179 to 1184 of the Commercial Code. The Committee requests the Government to provide additional explanations on this point. In this respect, the Committee draws the Government’s attention to the fact that a similar requirement has been incorporated in Standard A2.5(1)(b)(ii) and (c), and Guideline B2.5.1(1) of the Maritime Labour Convention, 2006 (MLC, 2006), which provides that seafarers are entitled to repatriation when they terminate their employment agreement for justified reasons or when they are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.

Part V of the report form. Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including, for instance, available statistics, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee recalls that the MLC, 2006, contains in Regulation 2.5, Standard A2.5 and Guideline B2.5 up-to-date and detailed requirements on repatriation that revise existing standards set out in Conventions Nos 23 and 166. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Crew accommodation requirements – Implementing legislation. The Committee has been drawing the Government’s attention since soon after the time of ratification of the Convention to the absence of laws or regulations implementing the specific technical standards set out in Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92) and Part I of this Convention. The Committee notes with regret that despite the numerous comments, the Government has to date not been in a position to provide any explanations as to whether and how this Convention is applied in law and practice. In its last report, the Government states that there are no ships engaged in maritime navigation to which the Convention would apply whereas in earlier reports it had referred to passenger ferries of over 1,000 tons which make short journeys between Uruguay and Argentina. The Committee requests the Government to provide the necessary clarifications on the size and composition of its merchant fleet in the light of the information contained in the “World Fleet Statistics” of December 2009, which indicates that Uruguay has 129 vessels with a total tonnage of 109,279 tons. Furthermore, to the extent that seagoing ships of 1,000 or more tons are registered in Uruguay, the Committee asks the Government to indicate the measures it intends to take to ensure compliance with the detailed requirements of the Convention.

Finally, the Committee recalls that most of the provisions of Conventions Nos 92 and 133 concerning crew accommodation have been incorporated without significant changes in Regulation 3.1 and Standard A3.1 of the Maritime Labour Convention, 2006 (MLC, 2006), which apply only to vessels constructed on or after the date when the MLC, 2006, comes into force for the country concerned whereas for existing vessels the standards relating to ship construction and equipment that are set out in Conventions Nos 92 and 133 should continue to apply. The Committee would be grateful if the Government would keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3–5 of the Convention. Compulsory medical certificate and its period of validity. The Committee notes the Government’s indication that regulatory provisions concerning a specific health card for seafarers have not yet been adopted. It notes that, under Maritime Provision No. 38 of 14 March 1988, the seafarer’s discharge book shall indicate the period of validity of the health card. The Committee therefore understands that seafarers have only the basic health card provided for under Decree No. 651/990 of 18 December 1990. The Committee recalls that, in accordance with Article 4 of the Convention, the seafarer’s medical certificate shall attest, in particular: (a) that the hearing and sight of the person and, in the case of a person to be employed in the deck department (except for certain specialist personnel, whose fitness for the work which they are to perform is not liable to be affected by defective colour vision), colour vision of the person, are all satisfactory; and (b) that the person is not suffering from any disease likely to be aggravated by, or to render that person unfit for, service at sea or likely to endanger the health of other persons on board. Furthermore, the validity of the medical certificate may not exceed two years from the date on which it was issued or six years in the case of a medical certificate relating to colour vision. Recalling that the requirements of the Convention are included in Regulation 1.2 and Standard A1.2 of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to provide specific information on the medical examinations that seafarers must undergo to obtain the health card required for boarding, and to specify the period of validity of this card for seafarers. The Government is also requested to provide a copy of a health card and to keep the Office informed of any progress made in adopting a specific health card for seafarers.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice, in particular on the number of health cards issued each year to seafarers, as well as the number of violations, if any, of the relevant provisions noted by the inspection services 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 of the practice and quality of the medical examination of foreign non-resident seafarers employed on board vessels flying the Uruguayan flag, particularly where the examination is carried out in the seafarer’s country of residence or domicile.

Finally, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises Convention No. 73, as well as 67 other international instruments applicable to seafarers, establishes a comprehensive and up-to-date framework of standards for regulating the living and working conditions of seafarers, particularly concerning medical certificates, and promotes the establishment of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in that regard.

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

The Committee notes the information communicated by the Government. It would like to draw the Government’s attention to the following points.

Article 3, paragraph 4, of the Convention. Repatriation of foreign seamen. For a number of years, the Government has indicated that no legislative amendments have been made and refers, in respect of the application of the Convention, to information provided in its previous reports. It would therefore appear that current legislation does not contain any provisions governing the repatriation of foreign seamen. Section 24 of Decree No. 426/994 of 24 September 1994 provides, however, that at least 75 per cent of crew members and officers employed on board national merchant vessels, including the captain, the chief engineer and the radio operator, shall be of Uruguayan nationality. This percentage may be reduced to 50 per cent by virtue of section 26 of this text, provided that the vessel involved is one formerly flying the flag of a MERCOSUR country and the foreign crew members on board this vessel are from such country. The Committee recalls that, according to the Convention, the conditions under which a foreign seaman engaged in his own country or in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The Committee therefore asks the Government to provide full information on the organization of the repatriation of foreign crew members employed on board ships flying the Uruguayan flag.

Part V of the report form. Statistical information. With its report, the Government communicated general statistical data concerning protected workers and the number of undertakings inspected in 2004 and the first six months of 2005. The Committee requests the Government to communicate, in its next report, statistics referring specifically to seamen, which indicate, for instance, the number of seamen repatriated in the year covered by the report, the number and nature of violations reported and subsequent action taken, etc.

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

The Committee notes with interest the information communicated by the Government regarding the application of Article 5 of the Accommodation of Crews Convention (Revised), 1949 (No. 92), relating to the inspection mechanisms in force, and, in particular, Decree No. 500/991, concerning the general procedure for complaints to the central administration, containing provisions on the procedure for the filing and examination of complaints which have been transmitted by the Government. Furthermore, the Committee would like to draw the Government’s attention to the following point.

Article 3 of Convention No. 133. For a number of years now, the Committee has recalled that, according to this Article, “each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with: (a) the provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92); and (b) the provisions of Part II of this Convention”. Once again, the Government’s report fails to include information on this matter. The Committee therefore asks the Government, once again, to take the necessary steps to give effect to these provisions, and to provide, in its next report, detailed information on any progress made in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments the Committee expressed the hope that the Government would do everything possible to avoid delaying adoption of the measures needed to apply Article 4, paragraph 1, of the Convention (Articles 4-17 of Convention No. 92). It notes the Government’s response that so far the national legislation has not been amended. The Committee once again asks the Government to take all necessary measures in order to give effect to the above provisions and to provide information on any progress made in this respect, with specific reference to its previous comments:

The Committee noted from the Government’s Report, that no specific or complementary legislation has been adopted to give effect to: Article 1, paragraphs 3 and 5, Article 7 and Article 11, paragraph 5. The Committee noted furthermore that the Government has provided no information on the measures adopted or planned to give effect to Article 4, paragraph 1, of the present Convention (Articles 4-17 of Convention No. 92, in particular in relation to Article 8 of the latter).

With regard to Article 5(c) of Convention No. 92, the Committee noted that any complaints that might be made concerning the application of the Convention must be submitted to the National Naval Prefecture or the General Labour Inspectorate. The Committee requested the Government to provide details on the relevant procedure, including a copy of the relevant legislation.

Lastly, the Committee repeated its request to the Government to provide general information on how effect is given to the Convention and on the number of seafarers covered by the measures giving effect to the Convention (Part IV of the report form).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 3 of the Convention. In its previous comments the Committee asked the Government to provide information regarding the completion of the draft instrument based on Decree No. 651/90, regarding a health card for seafarers being prepared by the National Maritime Authority and to furnish a sample of the health card for seafarers, adopted in accordance with the new instrument. It notes the Government’s indication that no such instrument has been adopted so far. The Committee asks the Government to keep it informed on any progress made in this respect.

Article 5. The Committee notes the Government’s indication that normally the period of validity of the health card is two years, but it could vary depending on the type of activities and taking into consideration the risks involved. It asks the Government to indicate the period of validity of health cards issued to seafarers as well as specific provisions of national laws or regulations prescribing such period.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

In its previous comments, the Committee indicated that the legislation supplied by the Government did not apply the provisions of this Convention, or those contained in Articles 4-17 of Convention No. 92, so as to comply with Article 4, paragraph 1, of the present Convention. The Committee asked the Government to provide information on a number of provisions and general information on the manner in which effect is given to the Convention (point IV of the report form).

The Committee notes the information given by the Government in its report to the effect that no specific and/or complementary legislation has been adopted to give effect to the following provisions: Article 1, paragraphs 3 and 5; Article 7; and Article 11, paragraph 5. The Committee notes furthermore that the Government has provided no information on the measures adopted or planned to give effect to Article 4, paragraph 1, of the present Convention (Articles 4-17 of Convention No. 92, in particular in relation to Article 8 of the latter). The Committee trusts that the Government will do everything possible to avoid delaying adoption of the measures needed to apply the aforementioned provisions of both Conventions.

With regard to Article 5(c) of Convention No. 92, the Committee notes that any complaints that might be made concerning the application of the Convention must be submitted to the National Naval Prefecture or the General Labour Inspectorate. The Committee requests the Government to provide details on the relevant procedure, including a copy of the relevant legislation.

Lastly, the Committee is obliged to repeat its request to the Government to provide general information on how effect is given to the Convention and on the number of seafarers covered by the measures giving effect to the Convention (point IV of the report form).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report which, for the most part, contains the same information as previously. However, it notes the information that the vessels of over 1,000 tonnes are passenger ferries which make short journeys between Uruguay and Argentina, which is why they are included in the exceptions provided for by the Convention. The Committee draws the Government's attention to the fact that there may only be exceptions to or departures from the provisions of the Convention in the case of seagoing vessels used for short journeys when: (a) members of the crew are able to go home or make use of comparable facilities for part of each day; (b) the competent authority has consulted the organizations of shipowners, shipowners, or both, and bona fide seafarers' organizations; and (c) account has been taken of the need for accommodation for staff not on duty (Article 1, paragraph 7(c), of the Convention). Furthermore, the Committee asks the Government to provide particulars of its merchant fleet in the light of the information contained in the "World Fleet Statistics" of Lloyds Register of December 1993, which indicates that Uruguay has 21 cargo vessels with a total tonnage of 120,358 tonnes.

The Committee refers to its previous comment in which it noted that the legislation sent with the Government's previous report did not apply the provisions of the present Convention.

The Committee draws the Government's attention to the requirement set out in Article 4, paragraph 1, of the Convention that each Member for which the present Convention is in force shall undertake to maintain in force laws or regulations which ensure its application. It would be grateful if in its next report the Government would state whether there is any legislation of this kind and, if so, provide a copy of it. Please also give detailed information on the measures taken to give effect to Articles 4 to 17 of Convention No. 92 (see Article 3 of the present Convention), with reference to Annex III of the report form. In particular, the Committee would be grateful if the Government would provide particulars of the procedure for submitting complaints to the competent authority (Article 5(c) of Convention No. 92) and indicate the measures taken or envisaged to establish standards for heating (Article 8 of Convention No. 92). Furthermore, as regards the present Convention, please provide information on the following points:

Articles 1, paragraph 3, and 5 to 7 of the Convention. Please provide the information required by the report form regarding these provisions of the Convention.

Article 4, paragraph 2. The Committee notes that the Technical Committee of the "Prefectura Nacional Naval" is the authority responsible for framing the prescriptions and rules to be complied with by shipowners in the construction and regular maintenance of vessels registered in the country, and for supervising compliance with international agreements (section 2(j) and (n) of the Regulations of the Technical Committee of the Registration Board and Merchant Marine, approved by Decree No. 302/983). The Committee would be grateful if the Government would provide particulars of any provisions adopted concerning consultations and cooperation with the parties concerned and on the operation of the inspection service as it relates to the application of the Convention.

Article 11, paragraph 5. The Committee notes the information to the effect that no standards have been fixed for natural and artificial lighting. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please provide general information on how effect is given to the Convention and state the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring to its previous direct request, the Committee notes the information provided by the Government which indicates that the basic health card continues to be the only one in use and to be a requirement throughout the national territory. It also contains the examinations provided for in the basic medical form as well as those relating to the specific activity concerned, in accordance with the requirements of the Ministry of Public Health. With respect to consultations with shipowners' and seafarers' organizations (Article 4, paragraph 1, of the Convention), the Government indicates that the National Maritime Authority is in the process of preparing drafts providing for a health card for seafarers and that the relevant consultations with said organizations concerning the specific examinations envisaged for this sector have taken place. However, due to the complexity of the subject and the relevant consultations with the professional organizations of the sector, the preparations of drafts providing for such a card have not been completed. In addition, the Government indicates that it has not included a test for HIV among the examinations for obtaining the health card, following the recommendations of the Pan-American Organization of Health, the World Health Organization and the Third Iberian-American Conference of Ministers of Health in this respect.

The Committee requests the Government to provide information regarding the completion of the draft instrument based on Decree No. 651/90 regarding a health card for seafarers being prepared by the National Maritime Authority and to furnish the Office with a sample of the health card for seafarers adopted in accordance with the new instrument.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the general information contained in the Government's report, which answers only some of the specific questions in the report form. It also notes that the legislation supplied by the Government does not apply the provisions of this Convention. The Committee draws the Government's attention to the requirement set out in Article 4, paragraph 1, of the Convention, that each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure its application. It would be grateful if the Government would indicate in its next report whether there are any such laws and regulations and, if so, to provide a copy of them. Please also give particulars of the measures adopted to give effect to Articles 4 to 17 of Convention No. 92 (see Article 3 of the present Convention), and refer in this connection to annex III of the report form. In particular, the Committee would be grateful if the Government would give details of the procedure for submitting complaints to the competent authority (Article 5, paragraph (c), of Convention No. 92) and indicate the measures taken or contemplated to establish heating standards (Article 8 of Convention No. 92). With regard to the present Convention, please provide information on the following points:

Articles 1, paragraph 3, and 5 to 7, of the Convention. Please provide the information requested in the report form on these provisions of the Convention.

Article 4, paragraph 2. The Committee notes that the Technical Committee of the National Naval Prefecture is the authority responsible for framing the prescriptions and rules to be complied with by shipowners in the construction and regular maintenance of vessels registered in the country, and for supervising compliance with international agreements (section 2(j) and (n) of the Regulations of the Technical Committee of the Registration Board and Merchant Marine, approved by Decree No. 302/983). The Committee would be grateful if the Government would provide details of any provisions that have been adopted concerning consultations and cooperation with the parties concerned and on the operation of the inspection system as it relates to the application of the Convention.

Article 11, paragraph 5. The Committee notes the statement that no standards have been fixed for natural and artificial lighting. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please provide general information on how effect is given to the Convention and state the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes Decree No. 651/990 of 18 December 1990 which creates the basic health card, as well as the information provided by the Government according to which the measures applicable to seafarers, with regard to the examinations to be undertaken and their periodicity, are being considered by the Ministry of Public Health together with the National Maritime Authority. The Committee would be grateful if the Government would specify in its next report the extent to which the legislation which guarantees the application of the Convention has been modified by the coming into force of the above Decree. It trusts that the Government will also supply information on all consultations held with the shipowners' and seafarers' organizations concerned in this respect, in accordance with Article 4, paragraph 1, of the Convention.

In this context, the Committee also notes the Government's statement that it has approved HIV testing. The Committee would like in general and by way of information to draw the Government's attention to the Consensus Statement from the Consultation on AIDS and Seafarers, of October 1989, convened by the World Health Organization (WHO) and the ILO in which, among other matters, it is stated that HIV infection does not in itself imply a limitation of fitness for work. The Consensus Statement endorsed the Statement from the Consultation on AIDS and the Workplace, held in June 1988 and also organized by the WHO and the ILO, in which it is indicated in particular that the confidentiality of HIV testing should be ensured. The Committee would be grateful if the Government would supply details on the nature of the HIV test and any indications in this respect contained in the certificate and if it would indicate whether the shipowners' and seafarers' organizations concerned have also been consulted concerning this aspect of the medical examination. Please transmit, taking into account the provisions of Article 4, and the above statements, a model of the medical certificate issued under the above Decree.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee finds that the first report does not contain any information in reply to points I, II and IV of the report form adopted by the Governing Body. The Committee would be grateful if the Government would supply a list of the laws and regulations which apply the provisions of the Convention, and for each provision, detailed information on the respective measures which have been taken to give effect to it. It requests the Government in particular to supply the necessary details concerning the provisions of Parts II and III of Convention No. 92 (see Article 3 of this Convention).

[The Government is asked to report in detail for the period ending 30 June 1993.]