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

Repetition

The Committee takes note of the Government’s first report on the application of the Convention. The Committee notes that the 2016 amendments to the annexes to the Convention entered into force for Tunisia on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

Article 1 of the Convention. Definition of the term “seafarer”. The Committee notes that the Government has not provided information on the definition of the term “mariner” or “seafarer”. However, it observes that section 1 of the Maritime Labour Code of 7 December 1967 defines the term mariner as “any person engaged for service on board a ship and entered in the crew register, excluding masters, pilots, cadets on training ships”. The Committee recalls in this connection that, in accordance with Article 1 of the Convention, the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that masters are considered as seafarers and enjoy the protection provided by Convention No. 185.

Article 2(1) and (5). Issuance of seafarers’ identity documents. Right to appeal. The Committee notes that the Government does not provide information on this point. However, it observes that section 1 of the Ministry of Transport Order of 20 February 1991, determining the form, model and validity period of the seafarer’s work record, as well as the content and form of the seafarer’s declaration of identity, provides that the maritime authority shall deliver to any seafarer who can demonstrate that he has a maritime employment contract and wishes to embark on board a Tunisian or foreign ship, a maritime logbook, known as the “seafarer’s work record” or a maritime card, known as the “seafarer’s declaration of identity”, which serves as a seafarer’s book. The Committee requests the Government to specify whether the issuance of SIDs solely covers Tunisian seafarers and, where applicable, those with permanent resident status on Tunisian territory. The Committee also recalls that, in accordance with Article 2(5) of the Convention, seafarers shall have the right to an administrative appeal in case of a rejection of their application for the issuance of a SID. In the absence of information in this respect, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Articles 3–5 of the Convention. Seafarers’ identity documents. The Committee notes that on 1 March 2018 the Government sent a specimen SID so that the Office could make an initial assessment of its conformity with the technical provisions of the Convention. The Committee notes that following the review of this document by a technical expert from the Office, it was found that the document provided did not comply with the new technical requirements of the Convention, as amended in 2016. Furthermore, in addition to the seafarers’ declaration of identity the SID contained a seafarers’ work record, which is not in conformity with the requirements of the Convention. The Committee recalls in this regard that the SID shall contain only the particulars relating to the holder provided for in Article 3(7) and that other documents such as the seafarer’s book may not be attached to the SID. The Committee notes that the Government states that, in view of the results of the review, the Ministry of the Interior has launched a project to issue a new electronic SID that will meet the technical requirements of ICAO Document 9303. The Government indicates that when the new SID is has been finalized, it will send a detailed report on the application of the Convention. The Committee hopes that the Government will soon be in a position to provide a specimen of the new SID and detailed information on developments concerning the implementation of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee observes that the Government does not provide information on the application of this provision of the Convention. In this regard, the Committee wishes to recall the resolution adopted by the Third Meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006 (MLC, 2006), which expresses concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognizes that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring the Convention works in the way that it was originally intended. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Article 6 of the Convention.

Article 7. Continuous possession of SIDs. The Committee notes that the Government does not provide information on the seafarer’s right to keep the SID in his possession at all times, except when it is held for safekeeping by the master of the ship, with the seafarer’s written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention.