Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to the question it raised in its previous direct request concerning the application of Article 6, paragraph 1, of the Convention, the Committee notes the Government’s response that a foreign seafarer in possession of a valid seafarer’s identity document, embarked in a foreign vessel in a national port, is authorized to enter the territory for a period of temporary shore leave. However, it brings the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Issue of a seafarer’s identity document to its nationals. The Government indicates that in practice, upon inclusion on the register of seafarers, the seafarer receives a seamen’s book valid for a period of 18 months, at the end of which, and in the case where he has accumulated more than nine months of effective navigation, he receives a permanent seamen’s book, renewable every five years. The Order of 20 July 1983 relating to the seamen’s book limits the period of validity of this book to five years. The Committee recalls that, although Article 4, paragraph 5, of the Convention authorizes the limit to the period of validity of a seafarer’s identity document when this limit is clearly indicated within the document, all Members shall issue to each of their nationals who is a seafarer on application by him a seafarer’s identity document. No other condition is envisaged. The national law seems to subject the issuing of the seafarer’s identity document to an additional condition because the permanent book is only issued to seafarers having accumulated more than nine months of effective navigation. The Committee requests the Government to take measures to bring its legislation and practice into conformity with the Convention.

Article 4, paragraph 2. Content of the seafarer’s identity document. The Committee notes the information transmitted by the Government that an adhesive notice is to be inserted into the seamen’s books indicating that they constitute seafarers’ identity documents for the purposes of the Convention pending the preparation of an identity document including biometric data in accordance with the provisions of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). The Committee requests the Government to provide, in its next report, a specimen of the modified book and to keep it informed of developments regarding the preparation of the new identity document.

Article 5. Readmission to the territory. The Committee requests the Government to indicate, in its next report, the specific texts giving effect to the provisions of this Article.