Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 2, paragraph 1, of the Convention. Section 2, sentence 2, as well as Appendix 1 under section 10 of the regulations concerning the Republic of Latvia Sailor’s Book of 8 July 1994 regulate that the sailor’s book shall be issued upon the request of the employer. The Committee recalls that under the Convention, the seafarer himself has the right to apply for a seafarer’s identity document. It requests the Government to provide information on how it ensures that the seafarer may apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer.

Article 3. Section 15 of the regulations concerning the Republic of Latvia Sailor’s Book regulates that upon arrival on the ship, the bearer of the sailor’s book shall submit his sailor’s book to the captain of the ship or a person authorized by him and that once the seafarer is transferred from the ship he may keep the sailor’s book himself. In its latest report, however, the Government indicates that the sailor’s book remains in the seafarer’s possession at all times, except when he stops going to sea. The Committee requests the Government to explain, when a seafarer is deemed to have terminated his work at sea, as stated under section 19 of the regulations concerning the Republic of Latvia Sailor’s Book. The Committee requests the Government to indicate the specific measures or provisions which ensure that the seafarer’s identity document remains in the possession of the seafarer at all times, as unequivocally required by this provision of the Convention.

Article 4, paragraph 2. The Committee requests the Government to take the necessary measures to ensure, that the place of issue is entered in the discharge book, in accordance with the Convention.

Article 4, paragraph 6. Please provide information on the consultations with the shipowners’ and seafarers’ organizations concerned, before the precise form and content of the seafarer’s identity document has been decided by the competent body.

Article 5. The Committee notes that the holder of a seamen’s discharge book has the right to enter the Republic of Latvia on board a ship where the name of the holder of the seamen’s discharge book has been entered in the ship’s crew list. Article 5, paragraph 1, only requires the seafarer to hold a valid seafarer’s identity document, issued by the competent authority of a country, in order to be readmitted to that country. This provision of the Convention does not require the seafarer’s name to be entered in any crew list. The Committee therefore requests the Government to take the necessary measures to ensure that a seafarer with a valid Latvian seafarer’s identity document is readmitted to Latvia, including during a period of at least one year after any date of expiry indicated in the seafarer’s identity document (Article 5, paragraph 2), even without being entered into any ship’s crew list.

Article 6, paragraph 1. The Government indicates that there are no restrictions for temporary shore leave in Latvia. Please indicate the national provision or any other measure, which ensure that a seafarer holding a valid seafarer’s identity document is permitted entry into Latvia, when entry is requested for temporary shore leave while the ship is in port.

Article 6, paragraph 2. Please indicate the national provision or any other measure which ensures that a seafarer holding a valid seafarer’s identity document containing space for appropriate entries is permitted to enter the country for the purposes described under paragraph 2 of Article 6 of the Convention.

The Committee notes from the Government’s last report that new regulations concerning format, issue and follow up of seamen’s discharge books are at the stage of preparation in the Ministry of Transport. It asks the Government to keep it informed about all progress achieved, as well as on the consultations with the shipowners’ and seafarers’ organizations concerned, as required by the Convention.