Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's reports for the period 1994-98. It requests the Government to provide further information concerning the following points:

Articles 1(2) and 2(1) of the Convention. The Committee notes that article 11(1)(3) of the Law of 23 May 1991 concerning seagoing merchant vessels specifically provides for the issuance of seafarers' identity documents to persons who are neither seafarers nor fishermen when the request for the document is made by a shipowner. The Committee recalls that the Convention applies to seafarers, and that in the event of doubt whether categories of persons are to be regarded as seafarers, consultations are to be held. The Committee requests the Government to clarify the circumstances under which persons who are not regarded as seafarers can receive such identity documents under the terms of the Convention; the categories of persons concerned; details of consultations held, if any; and why this is the case only when such documents are requested by shipowners.

Article 2. The Committee requests the Government to provide detailed information concerning the circumstances giving rise to and the application in practice of article 13(1)(2)(c) and (d) of the Law of 23 May 1991, as regards the refusal to issue a Seaman's Certificate "to persons who have been legally banned from working on board vessels" and persons "for whom there exist reasons to be refused the issuance of a passport". The Committee further notes that these are grounds for which the Director of the Marine Agency shall invalidate the identity document. The Committee, therefore, requests the Government to provide statistics as to the number of identity documents requested, issued, refused and invalidated, and the reasons for the refusals and invalidations.

Article 3. The Committee notes the statement in the Government's report that the identity document remains in the seafarer's possession at all times. The report then refers to article 12 of the Law of 23 May 1991, presumably as implementing this provision. However, article 12 does not include the provision of Article 3 of the Convention that the document remains in the seafarer's possession at all times. The Committee requests the Government to bring its legislation into conformity with the Convention and to advise it in this regard.

Article 5. The Committee notes from the provisions of article 9(1)(3) of the Law of 23 May 1991 that at the present time only Polish citizens can receive seafarers' identity documents, and that an expired document is valid for re-entry to Poland. However, there is no indication of the minimum period of at least one year after its expiration during which the document is valid for re-entry, as required under Article 5(2) of the Convention.

The Committee further recalls that the right of return as set forth in this Article of the Convention refers to the return to the territory of the State issuing the identity document, and not to the State of the nationality of the seafarer, if this is not the same State. Article 9(1) of the Law of 23 May 1991 states that "the holder of the Seaman's Certificate can return to his country even when its validity has expired" (italics added). While the Committee recognizes that according to the current practice in Poland this is one and the same thing, in the event that identity documents were to be issued to foreigners in the future, this right of return would not be respected. The Committee, therefore, requests the Government to advise it of measures taken or envisaged to provide in law for the minimum validity of an expired document for the purpose of readmission to Poland for seafarers (Polish or foreign) to whom the Polish authorities have issued an identity document during a period of at least one year after any date of expiry indicated in such document.

Article 6. The Committee notes, according to the Government's report, that "the provisions of this Article are not directly referred to in the national legislation" and that in article 9(1) of the Law of 23 May 1991 the identity document "entitles its holder to cross the frontiers of the Polish State". However, there is no further indication as to the purpose or use of the document other than for exit from the territory; there is no indication of its use for temporary shore leave (Article 6(1)), or for any of the purposes set forth in Article 6(2). Notwithstanding the principle of the primacy of international agreements set forth in article 1(3) of the Law of 23 May 1991, the Committee requests the Government to provide the text of the relevant legal provisions governing the purpose and use of the identity document.

[The Government is asked to report in detail in 2000.]