Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information in the Government's report.

Article 2 of the Convention. The Commission refers to the Instructions on page 63 of the seafarers' identity document which, according to the Government's report, are presently in force. In this regard, the Committee notes that the document is issued on request of the employer, whereas the Convention requires that the seafarer who is a national shall apply in his personal capacity for the identity document. The Committee requests the Government to bring its legislation into conformity with this requirement and to advise it of measures taken or envisaged to this end.

Article 3. Committee recalls the enactment of Ordinance No. 64 of 25 February 1994 according to which the identity document of an embarked seafarer remains in his possession at all times. However, the Committee notes with concern that the specimen identity document sent with the Government's 1998 report and the translation of the Instructions on page 63 of the document still state that the identity document is kept by the master. The Committee further notes that, according to the Instructions, on disembarking the seafarer must surrender the identity document to the Merchant Marine Administration. The Committee requests the Government to amend the text of these Instructions so that it is clear to all concerned that the document is to remain in the seafarer's possession at all times, and to advise it of measures taken or envisaged to this end.

Article 4(2). The Committee notes from the photocopy of the most recent specimen of the identity document that there is no indication that this is the identity document issued pursuant to ILO Convention No. 108. The Committee recalls that the specimen identity document sent in 1978 included a stamp with this indication. The Committee requests the Government to clarify this discrepancy and suggests that in the future this statement be incorporated in the text of the document.

Article 5. The Committee recalls that although current practice is to recruit only seafarers who are Romanian nationals, according to the Government's first report there are exceptional cases where foreign seafarers are hired for service on Romanian-flag vessels. It requests the Government to provide copies of the texts giving effect to the right of return set forth in this Article.

Article 6(1) and (2). Regarding the application in practice of the Convention, the Committee recalls the list attached to the 1993 report indicating States (nine of which have ratified Convention No. 108) that require holders of the seafarers' identity document to present passports with valid visas. The Committee would appreciate if the Government would indicate for each State on the list, or any other State having ratified the Convention, whether the passport and visa requirement applies to temporary shore leave, transit, or both.