Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre los documentos de identidad de la gente de mar (revisado), 2003, en su versión enmendada (núm. 185) - Brasil (Ratificación : 2010)

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Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that SIDs will be issued in the future to seafarers belonging to the deck, machinery, etc. of the 1st group, as described in NORMAM – 13 of the Directorate for Ports and Coasts of the Maritime Authority. The Committee notes that this situation is not in line with Article 1(1) of the Convention under which the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention applies to all seafarers as defined under its Article 1.

Articles 2–5. Seafarers’ identity documents. The Committee notes that, in reply to its previous comments regarding progress made towards the implementation of the Convention, the Government indicates that various meetings were held between the Maritime Authority and representatives of the Ministry of Labour and Employment, and the Ministry of Justice and Public Security, as well as with representatives of the Migration Control Division of the Federal Police, in order to verify the status of the seafarers’ identity document (SID) requirements by the Brazilian immigration authority. The Maritime Authority is currently sizing up the needs to begin issuing SIDs compliant with the Convention. Welcoming the initial steps taken, the Committee trusts that the necessary measures to implement the Convention will be taken in the near future. It requests the Government to provide information on any developments in this regard, including a copy of the applicable national provisions once available. The Committee further requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that: (i) the Convention was enforced by the Federal Police as from 22 October 2020; (ii) its application was suspended between 21 December 2020 and 30 April 2023 due to the COVID-19 pandemic; and (iii) as from 1 May 2023, a SID issued under Convention No. 185 is required as valid document for foreign seafarers, without requiring a visa, in accordance with Circular MOC No. 02/2022 issued by the Brazilian Federal Police. In this regard, the Committee has been informed that the enforcement of the regulations that ceased to recognize SIDs issued on the basis of the Seafarers’ Identity Documents Convention, 1958 (No. 108) has created a situation which is negatively impacting seafarers (including through fines of up to US$450, denial of disembarkation for the purpose of repatriation and deportation from the airport when arrived in the country to join a ship). This situation is aggravated by the fact that only one country (the Philippines) has been officially included in the list of countries issuing SIDs in compliance with Convention No. 185. The Committee recalls that there is nothing in Convention No. 185 that would prevent States parties to the Convention from continuing to recognize identity documents issued under Convention No. 108 as valid travel documents for the purposes of shore leave and transit, on a voluntary basis. In these circumstances, recalling that access to shore facilities, shore leave and facilitation of transit are vital elements of seafarers’ general well-being and, therefore, to the realization of decent work for seafarers, and noting that the ILO Governing Body has decided to convene in the near future a meeting of experts to examine the challenges faced by Governments regarding the implementation of Convention No. 185,the Committee encourages the Government to consider the continuous recognition of seafarers’ identity documents issued under Convention No. 108 as a temporary measure.

[The Government is asked to reply in full to the present comments in 2024.]