Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information in the Government’s reports.

Article 2(1) of the Convention. The Committee notes that article 2.1.1 of Order No. 231 of 21 June 1993 requires the shipowner to apply for the identity document, whereas the Convention entitles nationals to apply in person for the document. The Committee requests the Government to bring its text into compliance with the Convention and to advise on the measures taken.

Article 3 of the Convention. The Committee requests clarification from the Government that during the validity of the identity document it remains in the seafarer’s possession and to advise of the applicable legislative and/or regulatory texts.

Article 4 of the Convention. The Committee does not have a hard copy specimen of the identity document (only a photocopy), which it requests the Government to forward with its next report. From the paper text available, it does not appear that the document contains, as required in Article 4(2), a statement that it is a seafarers’ identity document for the purpose of this Convention. It requests the Government to provide clarification and to ensure that this statement is included.

The Committee requests particulars concerning the consultations held with shipowners’ and seafarers’ organizations concerning the precise form and content of the seafarers’ identity document, as required under Article 4(6).

Article 5 of the Convention. The Committee notes that identity documents are issued to foreign seafarers who are resident aliens and that the residency permit is included as a part of the identity document - the latter having the same validity as the former. However, the Convention confers a right of return for up to one year on an expired seafarers’ identity document. It requests the Government to indicate the legislative and/or regulatory texts which guarantee this right for aliens once their residency permit and identity document have expired.