Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information in the Government's report and refers to the copy of the Marine Registration Certificate submitted as the seafarers' identity document for the purpose of this Convention.

Article 4(2) of the Convention. The Committee recalls the long-standing discussion with the Government to implement this provision requiring the identity document to contain a statement that it is the document issued for the purpose of the Seafarers' Identity Documents Convention, 1958 (No. 108), of the International Labour Organization. The Committee notes that the Marine Registration Certificate does not contain this statement.

The Committee further recalls the Government's explanations that the statement does not appear because no seafarer has ever requested it to be included in the identity document. On this point the Committee must again inform the Government that it is obligatory to include this statement in the identity document, without which it is not valid as an identity document under the Convention. The seafarer has no choice in the matter. Moreover, it is the responsibility of the issuing authority to ensure that this statement is included in the document.

The Committee further recalls that in Portaria No. 474/72 de 18 Agosto 1972 a seafarers' identity document (Documento de identifica aä dos trabalhadores maritimos) was prepared according to the form prescribed by the Convention with a Notice (page 9) containing the required statement. However, according to a previous report, the Government decided not to use this document as no seafarer had ever requested it. Such argumentation is specious: it is the responsibility of the Government, in consultation with the shipowners' and seafarers' organizations, to decide on the form and content of the identity document, according to the requirements set forth in the Convention. The 1972 identity document appears to meet these requirements, although the Marine Registration Certificate could also be amended to meet the requirements of the Convention.

Therefore, the Committee requests the Government to amend point 2 of Administrative Decree No. 27/94 of 11 January 1994 and to replace it with provisions ensuring that the required statement is automatically entered in each identity document issued or renewed, and to forward a copy of the amending text and a specimen identity document.

Article 5. Regarding the right of return for foreign seafarers holding a seafarers' identity document issued by Portugal, the Government is requested to provide a copy of the texts which secure this right.

[The Government is asked to report in detail in 2001.]