Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes with interest the adoption of Regulation No. 361 of 26 November 2002, relating to the documents and information that must be provided when applying for identity documents, including the seaman’s discharge book, and the adoption of Ministry of the Interior Regulation No. 129 of 11 December 2002 concerning the establishment of standard formats for application forms to be filled out when applying for these documents. It wishes however to bring the Government’s attention to the following points.

Article 5, paragraph 2, of the Convention. Readmission to the territory after the date of expiry of the identity document. The Committee noted in its previous comments that, under section 34 of the Identity Documents Act, the period of validity of the foreign seafarers’ identity document may be of up to five years but must not, under any circumstances, exceed the period of validity of the residence permit issued. The Committee recalls that, pursuant to this provision of the Convention, any seafarer shall be readmitted to the territory of the State that issued him with his identity document during a period of at least one year after any date of expiry indicated in the said document. Consequently, the Committee once again requests the Government to indicate whether specific texts exist giving effect to this requirement. Should this not prove to be the case, it requests the Government to take the measures necessary to amend the legislation and practice so as to bring them into conformity with the Convention.

Part VI of the report form. The Committee requests the Government to indicate, in its next report, whether courts of law or other tribunals have given decisions relating to the application of the Convention. Should this be the case, it requests the Government to provide the text of these decisions.