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Other comments on C185

Direct Request
  1. 2023
  2. 2020

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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 Maldives 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 Organisation (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 SIDs 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 the Government’s information that mechanisms are not yet in place for the issuance of SIDs. Since the ratification of the Convention, the Immigration Authorities have been approached for the design and production of SIDs, but the process has not yet been finalized. While a draft specimen of SID has been developed, the regulations implementing the Convention have yet to be promulgated. The Committee recalls 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 by 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 issue SIDs in accordance with the amended version of the Convention. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee also 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 technical assistance of the Office.
Article 6 of the Convention. Facilitation of Shore Leave and Transit and Transfer of Seafarers. The Committee notes the Government’s information that for the purpose of shore leave, seafarers are not required to hold a visa. It also notes, however, that the Government mentions “a shore leave 7 days entry visa” which “only is given to those with identity documents.” The Committee recalls that Article 6 of the Convention provides that each Member for which the Convention is in force shall permit the entry into its territory of a seafarer holding a valid SID in conformity with the Convention, either for temporary shore leave without requiring a visa, (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)). The Committee requests the Government to provide detailed information on how it ensures compliance with Article 6 of the Convention.
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