Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - République-Unie de Tanzanie (Ratification: 2017)

Autre commentaire sur C185

Demande directe

2021

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The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for the United Republic of Tanzania 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, no concrete measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, reproducing the text of the applicable national provisions. The Committee further requests the Government to provide a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee notes the Government’s request for technical assistance, which will be addressed by the Office.

Article 1(1). Definition of seafarer. The Committee notes that section 2(1) of the Merchant Shipping Act, 2003 provides that the term “seafarer”, includes every person (except a master, pilot or apprentice duly contracted or indentured and registered) employed or engaged in any capacity on board a ship. The Committee recalls that, under Article 1(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, other than a ship of war, ordinarily engaged in maritime navigation. The Committee requests the Government to provide clarifications on the definition of seafarer under national legislation and to indicate how it ensures that the Convention applies to all seafarers within its meaning, including masters and apprentices.

Article 2(1) and (5). Issuance of seafarers’ identity documents. Right to appeal. The Committee notes the Government’s indication that in case of rejection of an application for the issuance of a SID, an appeal can be made to the Director General of the Maritime Authority without referring to the relevant legislative text. The Committee accordingly requests the Government to indicate the relevant laws or regulations giving effect to Article 2, paragraph 5.

Article 4. National electronic database. The Committee notes the Government’s indications concerning the records which are essential for the purposes of verifying a seafarers’ identity document or the status of a seafarer and the fact that the maritime authority does not have its own data base ensuring personal data protection and privacy of seafarers. The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 4 and Annex II.

Article 7. Continuous possession and withdrawal of SIDs. The Committee notes the Government’s indication that the suspension and cancelation of the SIDs are done by the Seafarers Disciplinary Body after receiving the report from the Master stating the wrongful acts committed by the seafarer. It further notes that no appeal will be allowed. The Committee recalls that under Article 7(2) of the Convention, the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention. Procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention. Moreover, the Committee notes that the Government does not provide information on the seafarer’s right to keep the SID in his possession at all times, except when it is held for safekeeping by the master of the ship, with the seafarer’s written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention.