Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 108) sur les pièces d'identité des gens de mer, 1958 - Türkiye (Ratification: 2005)

Autre commentaire sur C108

Demande directe

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Articles 5 and 6 of the Convention. Readmission to a territory and permission to enter a territory. In its previous comment, the Committee noted the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) indicating that there was no legal provision guaranteeing permission for a Turkish seafarer holding a valid identity document to enter a territory for the purposes of joining his or her ship or transferring to another ship or passing in transit to join his or her ship in another country and requested the Government to provide its comments in this respect. The Committee further requested the Government to indicate the provisions implementing the requirements of Articles 5 and 6 of the Convention. The Committee notes that the Government, in its report, states in relation with TÜRK-IŞ’s observations, that seafarers holding a valid SID issued by the Ministry of Transport and Infrastructure get transit pass permission to join a ship anchored in another country which has a reciprocal agreement with Turkey or to transfer to another ship or join their ship in another country. These matters are included in the text of the bilateral agreements concluded with the respective countries. The Committee notes that the Government refers to holders of a SID issued by the Turkish authorities but does not address the issue of the implementation of the requirements of the Convention in relation with seafarers holders of SIDs issued by other countries bound by the Convention. In this regard, the Committee recalls that under Article 5(1), any seafarer who holds a valid seafarer’s identity document issued by the competent authority of a territory for which the Convention is in force shall be readmitted to that territory. Under Article 6(1) and (2), each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port or for the purpose of: (a) joining his ship or transferring to another ship; (b) passing in transit to join his ship in another country or for repatriation; or (c) any other purpose approved by the authorities of the Member concerned. Recalling that these provisions shall be implemented through laws, regulations or other measures, the Committee requests the Government to indicate the measures taken to give full effect to Articles 5 and 6 of the Convention.