Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s first report on the application of the Convention. It wishes to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Issuance of seafarers’ identity documents. The Government reports that, in accordance with section 20 of the Passport Act No. 5682, seafarers’ identity documents designed for crew members who are nationals on Turkish ships sailing out of the territorial sea have the same effect as a passport when confirmed by the General Directorate for Security of the Ministry of Interior and are used in lieu of a passport in international maritime navigation at arrival and departure points. The Committee requests the Government to indicate whether seafarers are able to apply by themselves for a seafarer’s identity document.

Article 3. Retention of seafarer’s identity document by the seafarer. The Committee requests the Government to indicate whether the seafarer’s identity document remains in the seafarer’s possession at all times.

Article 4, paragraphs 1, 2, 3 and 5. Form and content of the seafarer’s identity document. The specimen of the seafarer’s identity document, which was supposed to have been appended to the Government’s report, has not been received by the Office. The Committee requests the Government to transmit a specimen of an up to date seafarer’s identity document and to specify whether the validity is clearly indicated in it.

Article 4, paragraph 6. Consultations with organizations concerned. The Government does not give details on the consultations held, especially concerning the revision of the old seafarer’s identity document. The Committee requests the Government to provide details on the consultations held pursuant to this paragraph, especially concerning the revision of the old seafarer’s identity document.

Article 5, paragraphs 1 and 2. Re-admission to Turkish territory. The Government does not provide information on the seafarer’s right to re-admission to Turkish territory. Seafarers’ identity documents are also issued to nationals of the Turkish Republic of Northern Cyprus and to foreigners of Turkish origin. The Committee, therefore, asks the Government to indicate whether any seafarer who holds a valid Turkish seafarer’s identity document is entitled to return to Turkey (Article 5, paragraph 1). It also requests the Government to indicate whether the seafarer who holds a Turkish seafarer’s identity document is re-admitted, in accordance with Article 5, paragraph 2, to Turkish territory during a period of at least one year after any date of expiry indicated in the seafarer’s identity document.

Article 6, paragraph 2. Entry into the territory. The Government reports that seafarers from countries requiring a visa for Turkey need to provide supporting evidence when they request entry into Turkish territory for the purposes indicated in this paragraph. The Committee requests the Government to indicate the national provisions or any other measures which ensure that a seafarer holding a valid seafarer’s identity document containing space for appropriate entries is permitted to enter the country for the purpose of:

(a)   joining his ship or transferring to another ship;

(b)   passing in transit to join his ship in another country or for repatriation; or

(c)   any other purpose approved by the authorities of the Member concerned, as required by this provision of the Convention.

Part IV of the report form. The Committee requests the Government to provide information, whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and, if so, to supply the text of these decisions.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Turkey, e.g. information concerning the number of seafarers’ identity documents issued, any difficulties encountered in the application of the Convention, etc.

Finally, the Committee draws the Government’s attention to the entry into force of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and asks the Government to indicate whether it is giving consideration to ratifying this instrument, in order to bring the seafarers’ identity documents issued to Turkish seafarers up to date and to minimize possible problems for Turkish nationals when requesting shore leave, transit, etc.