Seafarers' Identity Documents Convention, 1958 (No. 108) - Ukraine (RATIFICATION: 1970)

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The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

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The Committee notes the information provided by the Government by a communication transmitted to the Office on 30 November 2016 recalling that Ukraine is one of the leaders in the world maritime labour market with over 100,000 seafarers currently working in the shipping industry worldwide. The Committee further notes the Government’s indication that ensuring the ratification of the Seafarers’ Identity Documents Convention (Revised) (No. 185), is an important objective for the country and that technical assistance from the Office is required in this regard. The Committee requests the Government to provide information on the progress made towards the ratification of Convention No. 185. It invites the Government to avail itself of the technical assistance of ILO for the purpose of implementing the Convention.

Article 4 of the Convention. Form and content of the seafarers’ identity document. The Committee notes with interest the Government’s indication concerning the adoption of Order No. 441 of 26 July 2015 of the Cabinet of Ministers on Seafarers’ Identity Documents. This Order stipulates the procedure concerning the completion, issuance, exchange, return to the State, and disposal of seafarers’ identity documents. It further establishes the details and format of the seafarers’ identity document indicating that it should contain a contactless chip in accordance with the requirements of Doc. 9303 of the International Civil Aviation Organization (ICAO). The Committee notes that the details provided under Annex I of Order No. 441 in relation to the form and content of the seafarers’ identity document are in conformity with Article 4 of the Convention. Noting that a specimen of a seafarers’ identity document has not been provided by the Government, the Committee requests it to provide one with its next report.

Article 5(2). Readmission. In its previous comment, the Committee requested the Government to indicate by what means it facilitates the entry into the country of a seafarer who holds an expired Ukrainian seafarers’ identity document. The Committee notes the Government’s indication that according to the Rules of Crossing the State Border by Citizens of Ukraine, approved by Order No. 57 of 27 January 1995, citizens of Ukraine may cross the state border using a seafarers’ identity document. Where such document expires while the citizen is outside Ukraine, the citizen must obtain an identity document issued by a diplomatic mission or consular office of Ukraine abroad, enabling the Ukrainian citizen to enter the national territory. While noting this information, the Committee recalls that Article 5 of the Convention requires that any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which this Convention is in force shall be readmitted to that territory during a period of at least one year after the date of expiry indicated in the said document. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to ensure that any seafarer who holds an expired seafarers’ identity document is readmitted into Ukraine during a period of at least one year after the date of expiry indicated in the said document, as required by Article 5 of the Convention.

The Committee further recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

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Article 4 of the Convention. Form and content of the seafarer’s identity document. Further to its previous comment, the Committee requests the Government to provide a specimen (not a photocopy) of the seamen’s identification booklet currently in use.

Article 5(2). Readmission. The Committee notes the Government’s indication that there exists no legislative provision giving effect to this requirement of the Convention. Recalling that under the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of another State party to the Convention and to return to the issuing State even after expiry, the Committee requests the Government to indicate by what means it is facilitating the entry into the country of a seafarer who holds an expired Ukrainian seafarer’s identity document.

Finally, the Committee takes this opportunity to recall that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted by the ILO to enhance port and border security while developing a more secure and globally uniform seafarers’ identity document. In fact, Convention No. 185 complements actions taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS), and it sets out basic parameters regarding the content and form of the documents, and provides technical guidance in the annexes in order to ensure that Members may easily adapt their systems while taking national circumstances into account. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee therefore invites the Government to consider the possibility of ratifying Convention No. 185 in the near future and to keep the Office informed of any decisions taken in this respect.

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The Committee notes the Government’s report and asks the Government to provide additional information on the following points.

Article 1, paragraph 2, of the Convention. Scope of the application. Please indicate the provisions which require that the port captain shall, in case of doubt, determine whether any categories of persons are to be regarded as seafarers and shall consult representative organizations of shipowners and seafarers before making a decision.

Article 4, paragraphs 2 and 6. Content of seafarer’s identity document. The Committee notes the information on consultations prior to decisions with regard to identity documents. As the Government has provided a photocopy of the seafarer’s identity document, and not a true specimen, the Committee again requests the Government to provide with its next report a true specimen (invalidated) of the seafarer’s identity document.

Article 5. Readmission. In response to the Committee’s previous direct request, the Government points to Presidential Decree No. 194/93 of 5 June 1993. The excerpts of the Decree, cited in the Government report, do not, however, provide that the seafarer shall be re-admitted to the territory of Ukraine during a period of at least one year after any date of expiry indicated in the seafarer’s identity document. The Committee again invites the Government to indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarer’s identity document issued to a foreign seafarer.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statistical data supplied with the Government’s report under Part V of the report form concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreigners.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

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The Committee notes the statistical data supplied with the Government’s report under Part V of the report form concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreigners. It further notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read essentially as follows:

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information in the Government’s report and in particular the practical problems concerning acceptance of the identity document in lieu of a passport.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5 of the Convention. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Part V of the report form. The Committee requests the Government to provide statistics concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreign seafarers.

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The Committee notes the information in the Government’s report and in particular the practical problems concerning acceptance of the identity document in lieu of a passport.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons is considered as a seafarer are decided, and whether workers’ and employers’ organizations have been consulted.

Article 4, paragraphs 2 and 6. The Committee would be grateful if the Government would indicate how shipowners’ and seafarers’ organizations had been consulted prior to deciding the contents of the identity document. The Committee requests the Government to send a hard copy specimen of the identity document with the next report.

Article 5 of the Convention. Please indicate the legal provisions guaranteeing the right of return to Ukraine for up to one year with an expired Ukrainian seafarers’ identity document issued to a foreign seafarer.

Point V of the report form. The Committee requests the Government to provide statistics concerning the number of seafarers’ identity documents issued to Ukrainian citizens and to foreign seafarers.

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The Committee notes with interest the adoption of the regulations concerning seafarers' identity documents.

Article 1, paragraph 2, of the Convention. Please indicate the manner in which cases of doubt as to whether any category of persons are to be considered as seafarers are decided and whether shipowners' and seafarers' organizations have been consulted.

Article 4. Please provide a specimen of the seafarers' identity document.

Article 4, paragraph 2. Please indicate whether space for the place of issuance of the document is provided for.

Article 4, paragraph 6. Please indicate whether shipowners' and seafarers' organizations have been consulted before the contents of the document were decided upon.

Article 5, paragraph 2. Please indicate how effect is given to the requirement of this Article that a seafarer be readmitted during a period of at least one year after any date of expiry indicated in the document.

Article 6, paragraph 2(b). Please indicate how effect is given to the requirements of this Article that permission be given to a holder of a valid seafarer's identity document containing space for appropriate entries, to enter the country for the purpose of repatriation and other purpose approved by the authorities.