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

Article 5(2) of the Convention. Readmission to territory. The Committee notes the information contained in the Government’s report, in particular the adoption of Act No. 18.250 of 6 January 2008 on immigration. The Committee recalls that under Maritime Provision No. 38 of 14 March 2008 of the National Port Authority, the seafarer’s identity document has a period of validity of ten years. The Committee therefore requests the Government to specify the legislative provisions, administrative regulations or instructions that ensure that a seafarer will be readmitted to the country during a period of at least one year after the expiry of his/her identity document, as required by this Article of the Convention.

Article 6. Permission to enter the territory for shore leave, transit or transfer. Noting that under section 41 of Act No. 18.250, a passport is required to enter the country, the Committee recalls that under Articles 5 and 6 of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the country or another State party to the Convention and to return to the issuing State even after expiry. The principles of free admission to a territory (for purposes of shore leave) and right of return are not self-executing, but require specific measures by the competent authority for their implementation. The Committee accordingly requests the Government to indicate the legislative provisions, administrative regulations or instructions guaranteeing the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country.

Part V of the report form. Practical application. The Committee requests the Government to supply up-to-date information on the practical application of the Convention, including, for instance, statistical information on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations and any difficulties encountered in the application of the Convention.

Finally, the Committee takes the opportunity to recall that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted by the ILO to enhance port and border security, while at the same time facilitating the seafarer’s right to shore leave by developing a more secure and globally uniform seafarers’ identity document. In fact, Convention No. 185 complements actions 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 Members may easily adapt their systems while taking national circumstances into account. 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 consider the possibility of ratifying Convention No. 185 in the very near future and to keep the Office informed of any decisions taken in this respect.