Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Articles 2 and 4 of the Convention. Seafarers’ identity documents. The Committee notes section 145(1) of the Shipping Act 1998 which provides for seamen’s identity cards to be issued by the Principal Shipping Officer to citizens or permanent residents who are serving or intend to serve aboard any vessel. It also notes section 152(v) of the Shipping Act which provides for the issuance of ministerial regulations in relation to, among others, the circumstances, manner and form in which seamen’s identity cards are issued, recorded and dealt with. The Committee requests the Government to specify whether any such regulations have been issued, and if so, to transmit a copy. The Committee would also appreciate receiving a specimen of the current seaman’s identity card.

Articles 5 and 6. Readmission to a territory and right to enter a territory. The Committee recalls that the Convention requires that seafarers who hold a seafarer’s identity document should be granted permission to enter the territory of another State party to the Convention (for instance, for reasons of shore leave or for joining a ship) and should also be admitted to the territory of the issuing State up to one year after the expiry of the identity document. Recalling that the principles of free admission to a territory and right of return are not self-executing but require legislative or other measures for their implementation, the Committee requests the Government to indicate any legal provisions giving effect to Articles 5 and 6 of the Convention.

Practical application. The Committee would be grateful if the Government would supply up-to-date information on the practical application of the Convention, including statistical information on the number of seafarers’ identity documents issued during the reporting period and extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations.

The Committee also seizes the opportunity to recall that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Noting the Government’s intention to ratify this instrument, the Committee recalls that according to Article 9 of Convention No. 185, it is possible to apply this Convention provisionally with a view to its ratification. The objective of this provision is to allow the countries party to Convention No. 108 to move forward with the adoption of the new seafarers’ identity document in order to achieve universal use and recognition of that document. The Committee requests the Government to provide information on any decisions taken in this respect.