Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Seafarers' Identity Documents Convention, 1958 (No. 108) - Panama (Ratification: 1970)

Article 6 of the Convention. Permission to enter the territory for shore leave, transit or transfer. Further to its previous comment concerning new regulations that have made the entry of foreign seafarers into Panamanian territory subject to the holding of a special seafarer’s visa, the Committee notes the Government’s reference to section 16(3) of Act No. 3 of 22 February 2008 and section 30 of Executive Decree No. 320 of 8 August 2008 that indeed establishes the requirement for a seafarer’s special visa before foreign seafarer’s may be allowed to enter the country for a maximum of five days. The Committee recalls that under Articles 5 and 6 of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of any State party to the Convention and to return to the issuing State even after expiry. Noting that the visa requirement is inconsistent with the principles of free admission to a territory (for purposes of shore leave) and right of return set out in this Article of the Convention, the Committee requests the Government to take appropriate action in order to bring national legislation into conformity with the Convention.

Part V of the report form. Practical application. The Committee takes note of the statistical information provided by the Government in its report concerning the number of seafarers’ identity documents issued during the period 2005–09. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of seafarers’ identity documents delivered, extracts from reports of inspection services and difficulties encountered in the application of the Convention.

Finally, the Committee notes the Government’s indication that steps are being taken for the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security while at the same time facilitating the freedom of movement of seafarers by 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), 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 requests the Government to keep the Office informed of any further developments regarding the process of ratification of Convention No. 185.