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

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Inde (Ratification: 2015)

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The Committee takes note of the third report of the Government on the application of the Convention. The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for India on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

The Committee notes that according to the information submitted by the Government in its report and the more recent data published in the Indian press, the issuance of SIDs in accordance with the requirements of Convention No. 185, as amended in 2016, started in April 2019. The Committee welcomes the efforts undertaken by the Government to implement the Convention including through the adoption of the Merchant Shipping (Seafarers’ Biometric Identity Document) Rules, 2016, and several Directorate General of Shipping Circulars and Merchant Shipping Notices. The Committee further notes that the Government has provided a specimen of the new SID. The Committee requests the Government to address the issues raised below and to provide updated information on the issuance of the new SIDs and the database requirements.

Articles 1–4 of the Convention. Seafarers’ identity documents.

The Committee notes the Government’s indication that the definition of “seafarer” for the purposes of the Convention is the same as the definition used in the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Government further indicates that SIDs shall be issued to seafarers in possession of a valid Continuous Discharge Certificate (CDC) issued by the Government of India (Rule 5 of the Merchant Shipping (Seafarer’s Biometric Identity Document) Rules, 2016). Such seafarers, if working on commercial maritime fishing shall also be in possession of a SID. The Committee notes that the eligibility for obtaining a CDC is subject to the conditions prescribed under Rule 4 of the Merchant Shipping (Continuous Discharge Certificate) Rules, 2017, including being medically fit, having completed five basic familiarization courses on personal safety and first aid, having passed Tenth Standard (secondary school certificate), and being not less than 18 years old. The Committee understands that the requirement of having a secondary school certificate has now been waived for certain seafarers. Recalling that under Article 1, paragraph 1, of the Convention the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel ordinarily engaged in maritime navigation, the Committee requests the Government to indicate how it ensures that any Indian seafarer within the meaning of the Convention that makes an application to that effect, is issued a seafarers’ identity document.

The Committee notes that Rule 7 of the Merchant Shipping (Seafarer’s Biometric Identity Document) Rules, 2016, provides that the maximum validity of a SID shall be for a period of ten years, subject to renewal after the first five years. However, Rule 8 provides that SIDs may be renewed after the first five years of issuance on a request from the holder for a further period up to ten years at a time, which seems to create a situation where the validity of this document could be extended to 15 years. The Committee recalls that the maximum validity of a SID shall in no case exceed ten years, subject to renewal after the first five years (Article 3, paragraph 6). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this requirement of the Convention. In addition, given the absence of information on this point, the Committee requests the Government to indicate how it ensures that seafarers have convenient access to machines enabling them to inspect any data concerning them that is not eye-readable, as required by Article 3, paragraph 9, of the Convention.

Article 5 of the Convention. Quality control and evaluations. The Committee notes the Government’s indication that, according to Article 5, paragraph 4, of the Convention, an evaluation of the system has been carried out by Standardization, Testing and Quality Certificate (STQC), an independent organization under the Ministry of Communication and Information Technology. The Committee encourages the Government to transmit a copy of the independent evaluation once it has been completed to the Director-General of the International Labour Office in accordance with the arrangements adopted by the ILO Governing Body detailing the procedures for the approval and maintenance of the list of Members which fully meet the minimum requirements for the issuance of SIDs.

Article 6 of the Convention. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that, in relation to the implementation of Article 6, the Government refers to a number of immigration laws and measures, including the Standard Operating Procedures issued by the Bureau of Immigration Headquarters, without however providing the relevant texts. The Committee requests the Government to provide detailed explanations on how it gives effect to Article 6 of the Convention and to provide a copy of the applicable laws and regulations indicating the relevant provisions.

Article 7 of the Convention. Continuous possession and withdrawal. The Committee notes that the available Rules and other measures in force do not give effect to Article 7, paragraph 1, of the Convention, which provides that the SID shall remain in the seafarer’s possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer’s written consent. The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.