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Seafarers' Identity Documents Convention, 1958 (No. 108) - Saint Vincent and the Grenadines (RATIFICATION: 1998)

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CMNT_TITLE

The Committee notes the Government’s indication, in its report, that it has issued 30,592 Seaman’s books since the entry into force of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in 2011. The Committee further notes the Government’s statement that it has not yet examined the possibility to ratify the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185).
Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. The Committee requested the Government to provide a specimen of the Seafarers’ Identity Document (SID) currently in use and to transmit a copy of any relevant regulations determining the form and content of the SID. The Committee notes the Government’s indication that Title 2, paragraph 5(c), of the Shipping (Maritime Labour Convention) Regulation, 2017, provides the legislative basis for the issuance of the Seaman’s Book. It further notes the copy of the Seaman’s Book provided by the Government. It observes that the first page of the Book contains a statement indicating that “Seaman’s book are issued in accordance with the Shipping Act 2004 and the Maritime Labour Convention (MLC 2006) as amended from time to time and may be used as discharge record books”. The Committee recalls that pursuant to Article 4(2) of the Convention, the SID shall contain, among others, a statement that the document is a seafarer’s identity document for the purpose of Convention No. 108. The Committee accordingly requests the Government to insert the required statement in the SID in order to ensure full conformity with the requirements of Article 4(2).
Articles 5 and 6. Readmission and permission to enter into territory. The Committee requested the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6). The Committee notes the Government’s indication, in relation to Article 5, that Seaman’s books are not only issued to nationals but also to non nationals. The Government states that while there are no specific national legislative provisions that would give effect to the seafarers’ right of return, in practice, all national seafarers do exercise that right without obstruction. Noting the absence of information regarding Article 6, the Committee requests the Government once again to indicate the measures adopted to give effect to this provision of the Convention.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010.
Repetition
Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes the Government’s statement that the ministerial regulations provided for in sections 130(1) and 131(1) of the Shipping Act 2004, setting the form and content of seafarers’ identity cards and seafarers’ discharge books, have not so far been issued. The Committee requests the Government to provide a specimen of the seafarers’ identity card currently in use. It also requests the Government to transmit a copy of any relevant regulations as soon as they are adopted.
Articles 5 and 6. Readmission and permission to enter into territory. As no relevant information was ever made available to the Office on these points, the Committee requests the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and also to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6).

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010.
Repetition
Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes the Government’s statement that the ministerial regulations provided for in sections 130(1) and 131(1) of the Shipping Act 2004, setting the form and content of seafarers’ identity cards and seafarers’ discharge books, have not so far been issued. The Committee requests the Government to provide a specimen of the seafarers’ identity card currently in use. It also requests the Government to transmit a copy of any relevant regulations as soon as they are adopted.
Articles 5 and 6. Readmission and permission to enter into territory. As no relevant information was ever made available to the Office on these points, the Committee requests the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and also to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6).

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes the Government’s statement that the ministerial regulations provided for in sections 130(1) and 131(1) of the Shipping Act 2004, setting the form and content of seafarers’ identity cards and seafarers’ discharge books, have not so far been issued. The Committee requests the Government to provide a specimen of the seafarers’ identity card currently in use. It also requests the Government to transmit a copy of any relevant regulations as soon as they are adopted.
Articles 5 and 6. Readmission and permission to enter into territory. As no relevant information was ever made available to the Office on these points, the Committee requests the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and also to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6).
Practical application. While noting the organizational difficulties experienced by the Office of Maritime Administration (OMA), the Committee requests the Government to collect and transmit together with its next report up to-date information on the practical application of the Convention, including, for instance, statistics on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes the Government’s statement that the ministerial regulations provided for in sections 130(1) and 131(1) of the Shipping Act 2004, setting the form and content of seafarers’ identity cards and seafarers’ discharge books, have not so far been issued. Recalling that the Government had submitted a specimen seafarers’ card in its report communicated in 2000, the Committee requests the Government to provide a new specimen of the seafarers’ identity card currently in use. It also requests the Government to transmit a copy of any relevant regulations as soon as they are adopted.
Articles 5 and 6. Readmission and permission to enter into territory. As no relevant information was ever made available to the Office on these points, the Committee requests the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and also to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6).
Practical application. While noting the organizational difficulties experienced by the Office of Maritime Administration (OMA), the Committee requests the Government to collect and transmit together with its next report up to-date information on the practical application of the Convention, including, for instance, statistics on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.
Finally, the Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarers’ identity document. The Committee therefore invites the Government to examine the possibility of ratifying Convention No. 185 in the near future and to provide information on any decisions taken in this respect.

CMNT_TITLE

Articles 2 and 4 of the Convention. Form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes the Government’s statement that the ministerial regulations provided for in sections 130(1) and 131(1) of the Shipping Act 2004, setting the form and content of seafarers’ identity cards and seafarers’ discharge books, have not so far been issued. Recalling that the Government had submitted a specimen seafarers’ card in its report communicated in 2000, the Committee requests the Government to provide a new specimen of the seafarers’ identity card currently in use. It also requests the Government to transmit a copy of any relevant regulations as soon as they are adopted.

Articles 5 and 6. Readmission and permission to enter into territory. As no relevant information was ever made available to the Office on these points, the Committee requests the Government to specify the legislative or regulatory provisions that give effect to the seafarers’ right to return (Article 5) and also to the principle of free admission for purposes of temporary shore leave, transit or transfer (Article 6).

Part V of the report form. Practical application. While noting the organizational difficulties experienced by the Office of Maritime Administration (OMA), the Committee requests the Government to collect and transmit together with its next report up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarers’ identity document. The Convention 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), and it 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 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.

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The Committee notes the adoption of the Shipping Act 2004, as well as the recent establishment of the Office of Maritime Administration (OMA), which is responsible for all matters relating to the application of this Convention but not yet fully operational.

According to section 130(1) of the Shipping Act, the Minister may make regulations providing for the issue to Saint Vincent and the Grenadines seafarers of seafarers’ cards in such form and containing such particulars with respect to the holders thereof and such other particulars, as may be prescribed by the regulations. Section 131(1) provides that the Minister may make regulations providing for the issue to persons who are or have been employed in Saint Vincent and the Grenadines ships of discharge books in such form and containing such particulars with respect to the holders thereof and such other particulars, as may be prescribed by the regulations. The Committee asks the Government to communicate a copy of the regulations adopted under sections 130(1) and 131(1) of the Shipping Act. It further requests the Government to submit a detailed report indicating the specific sections of these regulations that give effect to each of the Articles of the Convention, as required by Part II of the report form adopted by the Governing Body of the ILO.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the brief report sent by the Government and the indication that the legislation and administrative regulations which apply the provisions of the Convention is the Merchant Shipping Act, Cap. 364 - Revised Laws of St. Vincent and the Grenadines, 1990. It further notes that the relevant sections of the Act are section 148, Issue of seaman’s identity card, and section 149, Production and particulars of identity card.

Article 4, paragraph 6, of the Convention. Please provide details of the consultations with shipowners’ and seafarers’ organizations concerning the precise form and content of the identity document.

Article 5. Please indicate the texts which give effect to the right of return for up to one year after the expiry of the identity document.

Article 6. Please indicate the texts setting the scope and lawful use of the identity document in keeping with the provisions of this Article.

CMNT_TITLE

The Committee notes the brief report sent by the Government and the indication that the legislation and administrative regulations which apply the provisions of the Convention is the Merchant Shipping Act, Cap. 364 - Revised Laws of St. Vincent and the Grenadines, 1990. It further notes that the relevant sections of the Act are section 148, Issue of seaman’s identity card, and section 149, Production and particulars of identity card.

Article 4, paragraph 6, of the Convention. Please provide details of the consultations with shipowners’ and seafarers’ organizations concerning the precise form and content of the identity document.

Article 5. Please indicate the texts which give effect to the right of return for up to one year after the expiry of the identity document.

Article 6. Please indicate the texts setting the scope and lawful use of the identity document in keeping with the provisions of this Article.

CMNT_TITLE

The Committee notes the information in the Government’s report.

Article 4 of the Convention. The Committee requests the Government to provide copies of legislative and/or regulatory texts concerning the content of the identity document.

Article 5 of the Convention. The Committee requests the Government to provide copies of legislative and/or regulatory texts guaranteeing the right of return to Saint Vincent and the Grenadines for foreign seafarers issued with the identity document for up to one year after its expiry.

Article 6 of the Convention. The Committee notes the information in the Government’s report according to which the information concerning the use of the identity document "was unavailable from the maritime authorities and the immigration services". It requests the Government to provide this information with its next report on the application of the Convention.

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