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Seafarers' Identity Documents Convention, 1958 (No. 108) - Fiji (RATIFICATION: 1974)

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Possible ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), as amended. In its previous comments, noting the Government’s intention to ratify Convention No. 185 and its request for technical assistance in that regard, the Committee requested the Government to provide information on any progress achieved in this respect. The Committee notes the Government’s statement, in its report, that the Ministry of Employment in consultation with the tripartite partners and the relevant stakeholders, in particular the Maritime Safety Authority of Fiji are discussing on the law and practice and how to apply the provisions of Convention No. 185 to commercial maritime fishing. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. Noting that these problems have profoundly increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic, the Committee requests the Government to provide information on any progress with regard to the process of ratification of Convention No. 185.

Articles 5 and 6 of the Convention. Readmission and right to enter a territory. The Committee requested the Government to indicate the relevant provisions implementing Articles 5 and 6 of the Convention regarding the rights to readmission and entry into a territory for which this Convention is in force. The Committee notes the Government’s information that currently there is no existing legislation that addresses the application of these provisions of the Convention. The Committee recalls that Articles 5 and 6 of Convention No. 108 have been substantially reproduced in Article 6 of Convention No. 185. Pending the possible ratification of Convention No. 185, the Committee requests the Government to take the necessary measures to give effect to Articles 5 and 6 of Convention No. 108.

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General questions on application of the Convention. The Committee notes the Government’s report which states that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and therefore it no longer has an obligation to provide reports on the Convention. The Committee recalls, however, that, according to Article 13 of the Convention, the Government continues to be bound by its provisions until Convention No. 185 is ratified and enters into force for Fiji. The Committee also notes the Government’s intention to ratify Convention No. 185 and its request for technical assistance regarding the implementation and ratification of this Convention. The Committee requests the Government to continue to provide information on any progress achieved in this respect and hopes the Office will respond favourably to the request for technical assistance.

Articles 5 and 6 of the Convention. Readmission and right to enter a territory. The Committee notes that neither the Marine Act of 1986 nor any of the regulations or administrative issuances indicated as relevant by the Government contain information on the application of Articles 5 and 6 regarding the rights to readmission and entry into a territory for which this Convention is in force. The Committee requests the Government to indicate the relevant provisions implementing Articles 5 and 6 of the Convention and to provide copies of them.