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

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CMNT_TITLE

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the Government’s first and second reports on the Convention, which became applicable to Faroe Islands on 30 May 2017.

Article 3 of the Convention. Seafarers’ identity documents. Continuous possession. The Committee notes the Government’s indication that it is in the process of including in the legislation the requirement set out in Article 3. The Committee accordingly requests the Government to provide a copy of the relevant legislation once it has been adopted, indicating how it ensures that the seafarer’s identity document remains in the possession of the seafarer at all times, as required by this provision of the Convention.

Article 4. Form and content of the seafarers’ identity document. The Committee notes the specimen of a seafarers’ identity document provided by the Government, which complies with the requirements of the Convention.

Article 5. Readmission to enter into territory. The Committee notes the Government’s indication that, since there are no laws or regulations in the country that prohibits readmission according to Article 5(1) and (2), no legislation is deemed necessary in this regard. The Committee requests the Government to indicate how it guarantees in practice that any seafarer who holds a valid seafarer's identity document issued by the competent authority is readmitted to the territory, including during a period of at least one year after any date of expiry indicated in the said document.

Article 6. Right to shore leave. The Committee notes the Government’s indication that the Faroese Maritime Authority does not under normal circumstance require any evidence from the seafarer, the owner nor the agent concerned, or from the appropriate consul, of the seafarer’s intention and of his ability to carry out that intention. Other Faroese authorities may require some form of documentation in regards to customs etc., but no evidence is required in regards to the seafarer’s book. The Committee further notes the Government’s indication that all seafarers have a right to go onshore for any reason without having to show proof of identity or visa, including for temporary shore leave, joining a ship, transferring to another ship, passing in transit to join a ship in another country, or repatriation. It also notes the Government’s indication that, since there are no laws or regulations in the country that goes against any of the provisions set out in Article 6, no legislation is deemed necessary in this regard. The Committee requests the Government to indicate how it ensures, in practice, that seafarers are guaranteed their right to shore leave, as required by Article 6.

CMNT_TITLE

The Committee notes the Government’s first and second report on the Convention which became applicable to Faroe Islands on 30 May 2017.

Article 3 of the Convention. Seafarers’ identity documents. The Committee notes that the Government has not provided information on the measures adopted to give effect to this Article of the Convention. The Committee accordingly requests the Government to indicate how it is ensured that the seafarer’s identity document remains in the possession of the seafarer at all times, as required by this provision of the Convention.

Article 4. Form and content of the seafarers’ identity document. The Committee notes the specimen of a seafarers’ identity document provided by the Government which complies with the requirements of the Convention.

Article 5. Readmission to enter into territory. The Committee notes that the Government does not provide information on the application of this provision of the Convention. The Committee recalls that pursuant to Article 5 any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which the Convention is in force shall be readmitted to that territory, whether or not they are presently engaged with a shipping company or agent. The same applies during a period of at least one year after expiry of their identity document. The Committee requests the Government to specify the legislative or regulatory provisions that give effect to Article 5 of the Convention.

Article 6. Right to shore leave. The Committee notes the Government’s indication that the Faroese Maritime Authority does not under normal circumstance require any evidence from the seafarer, the owner nor the agent concerned, or from the appropriate consul, of the seafarer’s intention and of his ability to carry out that intention. Other Faroese authorities may require some form of documentation in regards to customs etc., but no evidence is required in regards to the seafarer’s book. However, the Government does not refer to any regulations giving effect to this provision of the Convention. The Committee recalls that according to Article 6 of the Convention, seafarers have the right to entry for temporary shore leave while the ship is in port, or when it is requested for: (i) joining the ship or transferring to another ship; (ii) passing in transit to join the ship in another country or for repatriation; or (iii) for any other purpose approved by the authorities. The Committee requests the Government to indicate the provisions of its laws and regulations implementing the requirements of this Article of the Convention.