Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Seafarers' Identity Documents Convention, 1958 (No. 108) - Anguilla

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 to 6 of the Convention. Seafarers’ identity documents. The Committee notes that the Merchant Shipping Act 1995 of the United Kingdom is extended to Anguilla by virtue of section 1(1)(c) of the Act, which defines British ships as ships registered under the law of a relevant British possession. It also notes that section 79 of the Merchant Shipping Act, which regulates seafarer’s cards, together with the Merchant Shipping (Seamen’s Documents) Regulations 1987, refer to British seamen, which include seafarers of British overseas territories in accordance with the British Nationality Act 1981 and the British Overseas Territories Act 2002.

While noting that the specimen copy of the seafarer’s identity document provided by the Government, together with its report submitted in 2009, fulfils the requirements of Article 4(2) and (3) of the Convention, the Committee considers that, it is still unclear whether and how the right of entry (Article 6) is implemented. The Committee therefore asks the Government to explain in detail the state of law and practice in this regard and to provide copies of any relevant legislative or regulatory text implementing the above requirement of the Convention.

Finally, the Committee recalls that the present 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 at the same time facilitating the seafarers’ right to shore leave, by developing a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185.