Seafarers' Identity Documents Convention, 1958 (No. 108) - Portugal (RATIFICATION: 1967)

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Article 5(2) of the Convention. Readmission to the territory during a period of one year after the expiry indicated in the document. The Committee notes the adoption of Law No. 23/2007 of 4 July 2007, which provides in section 9(3)(e) that a foreign national is allowed either to enter or to leave the country provided that he/she holds a seafarers’ identity document for the purpose of the Convention. In this connection, the Committee recalls that, under Article 5(2) of the Convention, 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 any date of expiry indicated in the said document. The Committee requests the Government to indicate how it gives effect to Article 5(2) 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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Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government according to which 15,716 seafarers’ identity documents were in force between 2005 and 2009. The Committee requests the Government to continue to supply similar information in its future reports.

The Committee takes this opportunity to recall that Convention No. 108 has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security by developing a more secure and globally uniform seafarers’ identity document. The Convention was adopted by the ILO to complement action being 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 examine 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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Further to its previous comments, the Committee notes that the sample of the Maritime Registration Book (Cédula de Inscição Marítima), reproduced in Attachment I to Legislative Decree No. 280/2001, dated 23 October 2001, contains a statement that this Book is a seafarers’ identity document issued according to the provisions of the ILO Seafarers’ Identity Documents Convention, 1958 (No. 108), concerning the seafarers’ identity document on commercial ships, to which it applies. It asks the Government to continue to supply information on the practical application of the Convention in Portugal, including information concerning the number of seafarers’ identity documents which have been issued during the period under review, any difficulties encountered in the application of the Convention, etc.

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The Committee notes the information in the Government’s report and article 12 of Decree-Law 244/98.

Article 4(2) of the Convention. The Committee notes from the Government’s report that No. 2 of Ordinance 27/94 has not yet been amended to include the required statement that the identity document was issued for the purpose of the Convention and that this matter will be dealt with during the next review of the Maritime Registration Regulations.

The Committee requests the Government to keep it informed of developments in this regard.

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The Committee notes the information in the Government's report and refers to the copy of the Marine Registration Certificate submitted as the seafarers' identity document for the purpose of this Convention.

Article 4(2) of the Convention. The Committee recalls the long-standing discussion with the Government to implement this provision requiring the identity document to contain a statement that it is the document issued for the purpose of the Seafarers' Identity Documents Convention, 1958 (No. 108), of the International Labour Organization. The Committee notes that the Marine Registration Certificate does not contain this statement.

The Committee further recalls the Government's explanations that the statement does not appear because no seafarer has ever requested it to be included in the identity document. On this point the Committee must again inform the Government that it is obligatory to include this statement in the identity document, without which it is not valid as an identity document under the Convention. The seafarer has no choice in the matter. Moreover, it is the responsibility of the issuing authority to ensure that this statement is included in the document.

The Committee further recalls that in Portaria No. 474/72 de 18 Agosto 1972 a seafarers' identity document (Documento de identifica aä dos trabalhadores maritimos) was prepared according to the form prescribed by the Convention with a Notice (page 9) containing the required statement. However, according to a previous report, the Government decided not to use this document as no seafarer had ever requested it. Such argumentation is specious: it is the responsibility of the Government, in consultation with the shipowners' and seafarers' organizations, to decide on the form and content of the identity document, according to the requirements set forth in the Convention. The 1972 identity document appears to meet these requirements, although the Marine Registration Certificate could also be amended to meet the requirements of the Convention.

Therefore, the Committee requests the Government to amend point 2 of Administrative Decree No. 27/94 of 11 January 1994 and to replace it with provisions ensuring that the required statement is automatically entered in each identity document issued or renewed, and to forward a copy of the amending text and a specimen identity document.

Article 5. Regarding the right of return for foreign seafarers holding a seafarers' identity document issued by Portugal, the Government is requested to provide a copy of the texts which secure this right.

[The Government is asked to report in detail in 2001.]

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Article 3 of the Convention. The Committee notes the text of Ministerial Decree No. 27/94. It notes with interest that, under section 5 of the above Decree, where the seafarers' pass book also serves as an identity document for the purposes of the Convention, it must be in the possession of the holder. However, section 4 of the above-mentioned Decree provides that the pass book may only be used as an identity document while the seafarer is on board a ship which is usually engaged in maritime navigation. The Committee would be grateful if the Government would indicate the scope of this provision, since the seafarers' identity document must enable them, among other things, to take temporary shore leave and to disembark and pass in transit in the territory of any member State for which the Convention is in force in order to join their ship in another country or for repatriation purposes (Article 6, paragraphs 1 and 2).

Article 4, paragraph 2. The Committee notes that under sections 2 and 3 of the above-mentioned Ministerial Decree, the seafarers' pass book may be used as an identity document only if, at the request of the seafarer, it bears the statement in English and Portuguese, which may be in the form of a stamp, that the pass book is a seafarer's identity document for the purposes of Convention No. 108. The Committee would be grateful if the Government would provide a specimen of the above-mentioned pass book containing the said statement. Furthermore, it asks the Government to indicate whether identity documents have been or may be issued to foreign seafarers, in accordance with paragraph 2 of Article 2, and, if so, to indicate the nature of such documents.

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The Committee refers to its previous direct request and notes with interest from the Government's report that, under the provisions in force of Legislative Decree No. 104/89, section 25 of Decree No. 45969 which provided that the seaman's book was to be kept by the ship's master has been abolished, in accordance with Article 3 of the Convention.

The Committe hopes that the Government will now be able to have a statement included in the seaman's book to the effect that it constitutes a seafarer's identity document for the purposes of the Convention, as required by Article 4, paragraph 2, and that it will provide a specimen copy of the amended seaman's book.