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Article 2 of the Convention. Seafarers’ identity documents. The Committee notes the adoption of the new Merchant Shipping Act, No. 26 of 2007. It notes, however, that contrary to the Government’s earlier statements that the new Merchant Shipping Act would give full effect to the provisions of the Convention and that the Passport and Immigration Office would be the issuing authority of the seafarers’ identity documents, the new legislation section 228(1)(c) merely provides for regulations that the Minister may make as he thinks fit “for giving effect to any international Convention to which Mauritius is a party”. In addition, the Committee notes the Government’s indication that the technical committee set up to look into putting into effect the use of the seafarers’ identity document is still considering the issue in view of the complexity of certain security features required for the operationalization of such a document. The Government further states that the State Law Office is awaiting the completion of the work of the technical committee before finalizing the regulations to give full effect to the provisions of the Convention. Under the circumstances, the Government concludes that the basic requirements of the Convention are still not implemented in either law or practice. Recalling that the Committee has been expressing its concern since 2001 about the discontinuation of the issuance of seafarers’ identity documents, the Committee hopes that the Government will take all appropriate measures to ensure compliance with the requirements of the Convention. The Committee requests the Government to keep the Office informed of any progress made by the technical committee established in 2005 for preparing the new regulations on seafarers’ identity documents and to transmit a copy of these regulations as soon as they are finalized.

Finally, the Committee takes this opportunity, particularly in view of the Government’s concerns with respect to security features, to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). To enhance port and border security, Convention No. 185 aims to develop a more secure and globally uniform seafarers’ identity document. The Convention, which 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), sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that member States may easily adapt their systems while taking national circumstances into account. The Committee therefore invites the Government, while considering new legislation to give effect to Convention No. 108, to also 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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In its previous comments the Committee asked the Government to report on the advancement of the review of the Merchant Shipping Act and to advise as to when the regulations reinstating the seafarers’ identity document can be expected. It notes the Government’s response that a new Merchant Shipping Bill was under consideration at the State Law Office. Under the new Merchant Shipping Act, the Passport and Immigration Office will be the issuing authority of the seafarers’ identity documents (SID). Also, a technical committee has been set up by the Government to put these documents into effect. Furthermore, a new regulation to give full effect to the provisions of the Convention has been drafted by the Superintendent of Shipping and submitted to the State Law Office on 16 February 2005.

The Committee asks the Government to report on any progress made in this regard and to transmit a copy of the new act and regulation, when adopted.

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The Committee notes from the Government’s report, that the Merchant Shipping Act is currently under review and that subsequent amendments, to be enacted by means of regulations, will provide for the reintroduction of a seafarers’ identity document in accordance with the requirements of the Convention.

As the Government has noted, the issuance of travel documents for Commonwealth citizens and certificates of identity for non-Commonwealth citizens is not specific to seafarers and, therefore, these documents, as well as passports, are unrelated to the essential purpose of the Convention which is to provide a special document for seafarers to facilitate their professional movements. Moreover, the Committee must restate that the issuance of an identity document in conformity with the provisions of the Convention is an entitlement for nationals who are seafarers, and the issuance of a passport does not normally fulfil this requirement.

The Committee requests the Government to report on the advancement of the review of the Merchant Shipping Act and to advise as to when the regulations reinstating the seafarers’ identity document can be expected.

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The Committee notes the information in the Government’s report. It notes with concern that issuance of the seafarers’ identity document has been discontinued and that all seafarers receive passports. It now notes from the latest report that in its 1999 report on the application of the Convention, the Government inadvertently stated that the Continuous Discharge Book served as the identity document. It further notes from the latest report that issuance of Seafarers’ Certificates of Nationality and Identity, which was the seafarers’ identity document, has been "discontinued for some time".

Finally, the Committee recalls that in reply to Part V of the report form, the Government states that "no difficulty was encountered in the application of the Convention", while at the same time informing the Committee that it no longer applies the Convention at all.

The Committee recalls that the identity document is not a passport, and as a general rule, a passport cannot be issued in lieu of the identity document. It once again draws the Government’s attention to the distinction between passports and identity documents in its comments on the application of the Convention (International Labour Conference, 87th Session, 1999, Report III (Part 1A), pages 21-23).

It further recalls that the issuance of an identity document conforming with the provisions of Article 4 of the Convention is an entitlement for nationals who are seafarers, and the issuance of a passport does not fulfil this requirement.

Having noted that the points raised in its previous direct request are being actively considered, and in light of the Committee’s further comments, it requests the Government to indicate the concrete steps being taken to re-establish the seafarers’ identity document in accordance with the requirements of the Convention.

[The Government is asked to report in detail in 2002.]

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The Committee notes the information in the Government's report and, in particular, the Continuous Certificate of Discharge sent as the specimen identity document issued pursuant to the Convention. It notes, however, that according to the Notice to Seaman on page 2 of the document, the certificate is given into the safe keeping of the master and that "if the seaman has wilfully or through misconduct failed to join his ship, the Authorities may withhold the book for such period as they think fit".

The Committee draws the Government's attention to the provisions of Article 2(1) of the Convention that the identity document is an entitlement for nationals who are seafarers, as well as the requirement under Article 3 of the Convention that the identity document shall remain in the seafarer's possession at all times. Therefore, the seafarer cannot be required to surrender the document to the master for safe keeping, nor can it be retained by the authorities as a disciplinary measure.

In addition, there is no statement in the identity document, as required under Article 4(2) of the Convention, that it is issued for the purpose of the Seafarers' Identity Documents Convention, 1958 (No. 108), of the International Labour Organization.

The Committee further notes that the identity document is governed by The Passports Act, 1968, and with regard to article 7(1) and (2), the document shall be in such form as may be approved by the Minister. However, Article 4(6) of the Convention requires that the precise form and content of the document shall be decided by the Member after consultation with the shipowners' and seafarers' organizations concerned. The Committee recalls that the identity document is not a passport and draws the Government's attention to the distinction between passports and identity documents in its comments on the application of this Convention in its last report (International Labour Conference, 87th Session, 1999, Report III (Part 1A), pages 21-23). The Committee requests the Government to inform it of steps taken to: (i) cancel the provisions requiring surrender of the identity document for safe keeping by the master; (ii) cancel the provisions allowing the authorities to retain the identity document as a disciplinary measure; and (iii) include the statement that the identity document is issued pursuant to this Convention. In addition, it requests the Government to provide particulars of the required consultations, if any, concerning the form and content of the Continuous Certificate of Disharge, sent as the identity document for the purpose of this Convention.

The Committee also requests the Government to indicate whether the identity document is issued to foreigners. If this is the case, the Government is requested to provide a copy of the legislative text ensuring the right of return set forth in Article 5 of the Convention.

[The Government is asked to report in detail in 2001]