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

Article 2 of the Convention. Seafarers’ identity documents. The Committee notes the adoption of the new Merchant Shipping Act, No. 26 of 2007. It notes, however, that contrary to the Government’s earlier statements that the new Merchant Shipping Act would give full effect to the provisions of the Convention and that the Passport and Immigration Office would be the issuing authority of the seafarers’ identity documents, the new legislation section 228(1)(c) merely provides for regulations that the Minister may make as he thinks fit “for giving effect to any international Convention to which Mauritius is a party”. In addition, the Committee notes the Government’s indication that the technical committee set up to look into putting into effect the use of the seafarers’ identity document is still considering the issue in view of the complexity of certain security features required for the operationalization of such a document. The Government further states that the State Law Office is awaiting the completion of the work of the technical committee before finalizing the regulations to give full effect to the provisions of the Convention. Under the circumstances, the Government concludes that the basic requirements of the Convention are still not implemented in either law or practice. Recalling that the Committee has been expressing its concern since 2001 about the discontinuation of the issuance of seafarers’ identity documents, the Committee hopes that the Government will take all appropriate measures to ensure compliance with the requirements of the Convention. The Committee requests the Government to keep the Office informed of any progress made by the technical committee established in 2005 for preparing the new regulations on seafarers’ identity documents and to transmit a copy of these regulations as soon as they are finalized.

Finally, the Committee takes this opportunity, particularly in view of the Government’s concerns with respect to security features, to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). To enhance port and border security, Convention No. 185 aims to develop a more secure and globally uniform seafarers’ identity document. The Convention, which 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), sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that member States may easily adapt their systems while taking national circumstances into account. The Committee therefore invites the Government, while considering new legislation to give effect to Convention No. 108, to also 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.