Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(1) of the Convention. Scope of application. The Committee notes the Government’s reference to section 14 of Law-Decree No. 12/99/M and section 3 of Law-Decree No. 58/96/M. It also notes that, according to the Government’s report, the system of seafarers’ registration applies to all categories of shipping vessels with the exception of yachts. As the Convention does not exempt yachts from its scope and application, the Committee requests the Government to take the necessary measures to ensure that every seafarer who is engaged in any capacity on board a vessel, other than a ship of war, registered in the Macao Special Administrative Region (MSAR), enjoys the protective coverage of the Convention.

Article 2. Issuance of seafarers’ identity documents. The Committee notes that the Government indicates that, pursuant to section 4 of Law-Decree No. 12/99/M, only residents of the MSAR having reached the age of 18 may apply for seafarers’ registration. It recalls that, in its previous report on the application of the Minimum Age Convention, 1973 (No. 138), the Government indicated that its minimum working age is 16 years. The Committee therefore requests the Government to clarify whether persons below the age of 18 are permitted to work as seafarers and, if so, whether these persons may apply for seafarers’ registration.

Article 3. Continuous possession. The Committee notes that the Government states that, in principle, the seafarers’ identification card remains in the possession of the seafarer at all times, but may be detained, under section 11 of Law-Decree No. 12/99/M, in cases of temporary suspension or prohibition from carrying out the profession, disciplinary sanction or judicial order to this effect. The Committee requests the Government to clarify whether a seafarers’ identity document may only be detained following a fully reasoned decision to this effect taken in conditions offering guarantees of due process, and not as a preventive measure or part of an ongoing investigation.

Article 4(2) and (3). Form and content. The Committee notes that the specimen copy of a seafarer’s identity document transmitted by the Government in its report does not set out the place of issue or the holder’s place of birth and physical characteristics. The Committee accordingly requests the Government to revise its standard seafarers’ identity document in order to include the above particulars and to forward a sample of the new document once it becomes available.

Article 4(6). Consultations with shipowners’ and seafarers’ organizations. The Committee notes that the Government’s report does not provide information on any consultations with the shipowners’ and seafarers’ organizations concerning the precise form and content of the seafarers’ identity documents. The Committee hopes the Government’s next report will contain information on whether such consultations have been held.

Article 5(2). Readmission to the territory. The Committee notes the Government’s reference to Regulation No. 5/2003 on entry, stay and residency permission, but observes that there does not seem to exist any provision allowing entry into the MSAR after expiry of the seafarers’ identity document. The Committee requests the Government to clarify whether seafarers may be readmitted into the territory at least for one year after the date of expiry of their identity document, as required by this Article of the Convention, and to specify any relevant legal provisions to that effect.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the number of seafarers’ identity documents issued and the number of seafarers’ registration cards inspected during the reporting period. The Committee requests the Government to continue to supply up-to-date information on the practical application of the Convention in its future reports.

The Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security by developing a more secure and globally uniform seafarers’ identity document. The Convention was adopted by the ILO to complement action being taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS). In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee, therefore, invites the Government to examine the possibility of ratifying Convention No. 185, in the near future and to keep the Office informed of any decisions taken in this respect.