CMNT_TITLE

Seafarers' Identity Documents Convention, 1958 (No. 108) - Anguilla

Other comments on C108

Direct Request

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Articles 2 to 6 of the Convention. Seafarers’ identity documents. The Committee notes that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act, which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 79 of the Merchant Shipping Act, which regulates seafarer’s cards, together with the Merchant Shipping (Seamen’s Documents) Regulations 1987, refer to British seamen, which include seafarers of British overseas territories in accordance with the British Nationality Act 1981 and the British Overseas Territories Act 2002.

However, while noting that the specimen copy of the seafarer’s identity document provided by the Government, together with its report submitted in 2009, fulfils the requirements of Article 4(2) and (3) of the Convention, the Committee considers that, it is still unclear whether and how the right of entry (Article 6) is implemented. The Committee therefore asks the Government to explain in detail the state of law and practice in this regard and to provide copies of any relevant legislative or regulatory text implementing the above requirement of the Convention.

Part V of the report form. Practical application. The Committee would be grateful if the Government would 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, or any difficulties encountered in the application of the Convention, etc.

Finally, the Committee recalls that the present 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 seafarers’ 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 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. The Committee therefore asks the Government to keep the Office informed of any consideration given toward the effective implementation of Convention No. 185.