CMNT_TITLE

Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Tunisia (RATIFICATION: 2016)

Other comments on C185

Direct Request

2022
2021
2019

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Article 1 of the Convention. Definition of the term “seafarer”. Referring to its previous comment on the definition of “seafarer”, the Committee notes the Government's reply in its second report that the Ministry of Transport is developing regulations to bring the definition of seafarer into conformity with the requirements of the Convention. Thus, masters will be considered as seafarers and will enjoy the protection provided by the Convention. The Committee requests the Government to adopt the necessary regulations at the earliest opportunity and to provide a copy once adopted.

Article 2(1) and (5). Issuance of seafarers’ identity documents. Right to appeal. The Committee notes the Government’s indication in response to its previous request that any applicant for a service may file an administrative appeal should his or her application be rejected or if he or she is dissatisfied with the service provided, in accordance with the quality system. Such a request may be addressed to the labour court or to the supervisory authority. The Committee notes this information, which addresses its previous request.

The Committee also notes the Government's indication that a procedure is under way to revise Act No. 52/1967 regarding the provisions on the registration of seafarers and the conditions for issuing seafarers’ identity documents (SID), taking into account foreign seafarers who have permanent resident status on Tunisian territory. The Committee hopes that this revision is completed as soon as possible and requests the Government to provide a copy of any new text with its next report.

Articles 3 to 5. Seafarers’ identity documents. Referring to its previous comment, the Committee notes the Government's reply that the Office of Merchant Shipping and Ports has initiated a number of consultations with the various stakeholders, including the Ministry of the Interior, to ensure that the SID meets standard security measures. To this end, the Government has begun negotiations with the Office for Civil Aviation and Airports and the Land Transport Technical Agency, which possess the equipment and materials necessary to accelerate the process of issuing SIDs. The Government indicates that, in reply to the Committee's comments, the SID and the seafarer’s work record are two different documents and the latter cannot be used as a SID. The Committee hopes that the Government will be in a position to provide a specimen of the new SID in the near future, as well as detailed information on developments concerning the implementation of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication, in response to its previous request, that the Tunisian Government authorizes seafarers with a valid SID and a passport to enter Tunisian territory to join their ship and to undertake international voyages to join their ship in foreign ports or to return to their country of origin. Noting the information provided by the Government, the Committee requests the Government to indicate the laws or regulations giving effect to Article 6 of the Convention.

Article 7. Continuous possession of SIDs. The Committee notes the Government’s indication in response to its previous request that the Ministry of Transport is currently updating the regulations to revise and supplement the Maritime Labour Code, under Act No. 52 of 1967, including the provisions relating to the right of seafarers to keep the SID at all times, except when it is held for safekeeping by the master of the ship, with the seafarer's consent. The Committee requests the Government to provide information on the progress made in revising the relevant legislation to ensure full conformity with Article 7 of the Convention.