Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Marshall Islands (Ratification: 2011)

The Committee notes the Government’s first report on the application of the Convention. It further notes the observations of the International Transport Workers’ Federation (ITF) received on 4 August 2017 and the Government’s comments in reply to the observations, received on 8 November 2017.

The Committee notes that the amendments to the Annexes of the Convention adopted by the International Labour Conference in 2016 entered into force on 8 June 2017. The Committee notes however that, in accordance with Article 8(2) of the Convention, the Government notified that such amendments shall not enter into force for it. The Committee notes that the Republic of Marshall Islands (RMI) is therefore not bound by the amended version of the Convention.

Article 1 of the Convention. Scope of application. Concerning the definition of seafarers and the persons excluded from this definition, the Committee draws the Government’s attention to the comments made in the framework of the examination of the application, by the RMI, of Article II(f) of the Maritime Labour Convention, as amended, 2006 (MLC, 2006). The Committee recalls that, according to Article 1(3) of the Convention, after consulting the representative organizations of fishing-vessel owners and persons working on board fishing vessels, the competent authority may apply the provisions of the Convention to commercial maritime fishing. The Committee notes in this regard the Government’s indication that seafarers in the commercial maritime fishing industry serving on ships flying the Marshall Islands flag are covered by the Convention with certain limited exceptions.

Article 2. Issuance of seafarers’ identity documents. The Committee notes the Government’s information that a Seafarer Identity and Record Book is required, with certain exceptions, for each person employed on board a vessel registered under the Maritime Act. In this regard, the Committee notes the ITF’s indication that the RMI contravenes the Convention by requiring all seafarers, with a few exceptions, to have an RMI Seafarer Identity and Record Book as a prerequisite to work on ships flying the RMI flag. The ITF states that, as a result, non‐nationals, including those who are not permanent residents in the RMI, are afforded RMI seafarers’ identity documents (SIDs). The Committee further notes that the ITF recalls in this regard that the aim of the Convention was to increase maritime security and that during the discussions leading to its adoption, there was widespread agreement that only the country of nationality or permanent residence could issue SIDs.

The Committee notes that, in reply to the ITF’s observations, the Government indicates that: (1) the RMI issues Seafarer Identity and Record Books to non-nationals and requires them as a prerequisite for service on board RMI flagged vessels in accordance with its responsibilities and rights as a flag State under the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law; (2) unlike a SID issued under the Convention, an RMI Seafarer Identity and Record Book contains, in one book, certificates of special qualification and a record of sea service; (3) the text of the Convention does not prohibit the issuance of SIDs to non-nationals; (4) while the responsibility for issuing SIDs compliant with the Convention for non-nationals on board RMI vessels rests with the national governments that are a party to the Convention, whose citizen seafarers are working on board RMI-flagged vessels, there are a number of ILO member States that have not ratified the Convention, whose citizens also serve on board RMI vessels; (5) compliance with the Convention means that a seafarer working on board an RMI-flagged vessel will be required to carry three sets of documents: (a) a valid passport with applicable visa(s); (b) an RMI Seafarer Identity and Record Book; and (c) a SID compliant with the Convention issued by the country of nationality; (6) only a few Members have ratified the Convention or were provisionally applying it, and this number includes few port States and, as a result, countries that have made the considerable investment to properly implement the Convention could count on only a few countries to recognize the SIDs issued under it; and (7) the RMI has been issuing Seafarer Identity and Record Books to seafarers, including non-nationals, who serve on board its vessels for over 27 years using a secure and verifiable system that is recognized by countries around the world.

While noting the detailed explanations provided by the Government, the Committee recalls that Article 2(1) of the Convention stipulates that each Member shall issue to each of its nationals who is a seafarer and makes an application to that effect a SID conforming with the provisions of Article 3 of the Convention. Article 2(3) of the Convention allows Members to issue SIDs also to seafarers who have been granted the status of permanent resident in its territory. The Committee recalls in this regard that the preparatory work of the Convention confirms that the tripartite constituents, consistent with the objective of heightened security which was the guiding thread during the Conference discussions, purposefully agreed to limit the issuance of SIDs to nationals and permanent residents. This agreement was based on the shared view that only States of nationality and States of permanent residence could effectively ensure the positive and verifiable identification of the seafarer – an understanding that they were not ready to apply to States of temporary residence nor, even less, in relation to foreign seafarers who were not resident in the country issuing the SID. In light of the above, the Committee considers that the issuance of SIDs to seafarers who are not nationals or have not been granted the status of permanent resident, in accordance with the national laws and regulations of the State concerned, is not in conformity with the Convention. The Committee therefore requests the Government to take the necessary measures to ensure compliance with Article 2 of the Convention by limiting the issuance of SIDs to nationals and permanent residents in the country.

Article 3. Content and form. The Committee notes the Government’s indication that, due to the difficulty in the collection and storage of a two-finger minutiae-based biometric for every seafarer, as well as practical and financial issues relating to the availability of equipment to read the PDF417 2-D barcode and verify the biometric data, the RMI Seafarer Identity and Record Book does not include a template or other representation of a biometric of the holder meeting the specification provided for in Annex I of the Convention. Instead, the RMI has implemented a system based on Quick Response (QR) codes which, according to the Government, satisfy in a better way the requirements of Article 3(8) of the Convention, as they are readable by familiar technology that is widely available at low cost and that is already conveniently and reliably operated in ports and in other places, including on board ships. While noting the information provided by the Government, the Committee observes that both the form and the content of the specimen SID supplied by the Government are not in conformity with the requirements of the Convention.

Concerning the form, the Committee notes that the Seafarer Identity and Record Book: (1) does not contain a biometric template based on a fingerprint printed as numbers in a two-dimensional barcode nor a machine-readable zone conforming to the specifications contained in Document 9303 (fifth edition, 2003) of the International Civil Aviation Organization (ICAO); (2) is larger than a normal passport; and (3) contains a separate identity card which fits into a pocket of the book and which is also not compliant with the standards contained in ICAO Document 9303. Concerning the content, the Committee notes that the RMI Seafarer Identity and Record Book encompasses not only the information related to the identity of seafarers but also with their qualifications and record of employment. The Committee recalls in this regard that Article 3(7) of the Convention stipulates that particulars about the holder included in the SID “shall be restricted” to those enumerated in that Article. In addition, Annex I of the Convention states that “the document shall have no more space than is necessary to contain the information provided for by the Convention”. The Committee further recalls in this regard that the preparatory work of the Convention clearly confirms that the tripartite constituents agreed to limit the content of the SID to those related to the identity of seafarers excluding any other information, including that related to their training or employment. The Committee therefore requests the Government to take the necessary measures to ensure that the content and form of SIDs issued by the RMI are in full conformity with Article 3 of the Convention.

Article 4. National electronic database. The Committee takes note of the Government’s information on the electronic database for the Seafarer Identity and Record Books. Considering the comments made above, the Committee requests the Government to indicate the measures taken to ensure that the national electronic database complies with the provisions of Article 4 and contains the data specified under Annex II of the Convention, including the biometric template appearing on the seafarers’ identity document.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s reference to the provisions of the Immigration Act and the Ports of Entry Act. In particular it notes that, under section 113 of the Immigration Act, only a member of crew on a cruise ship or private vessel who will remain in the RMI for less than seven days is exempt from the requirement to hold a visa to enter the RMI. Section 116 of the same Act provides for the possibility of requiring officers and members of the crew of fishing or commercial vessels intending to go on land while the vessel is at the dock, to hold, in addition to a seafarer’s book or a passport, a general shore pass. Under section 139 of the Act, “[e]very person who is outside the Republic and intends to enter the Republic for the purpose of transit to another country shall, before proceeding to the Republic, apply in the prescribed manner for a transit visa”. The Government indicates that the requirement for a transit visa would apply to a seafarer seeking to transit through the RMI. The Committee also notes that, under section 25 of the Immigration Regulations, a fee of US$50 is charged for every transiting crew member who arrives in the RMI for the purpose of boarding a vessel. The Committee observes that the applicable provisions do not appear to take into account Article 6 of the Convention which 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 (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)). The Committee requests the Government to indicate how it ensures compliance with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. The Committee notes the Government’s information that pursuant to section 110 of the Maritime Act, “[t]he Maritime Administrator shall have power to suspend or to revoke any licences, certificates, permits or documents issued under the provisions of this Title, and it may from time to time make such Rules and Regulations as are deemed by it necessary and appropriate to the conduct of suspension and revocation proceedings”. The Government also indicates that under paragraph 4.3.1 of the MI 118 and paragraph 5 of the MI-273I, the Seafarer Identity and Record Book remains the property of the Maritime Administrator and may be withdrawn at any time. The Committee recalls that under Article 7(2) of the Convention, the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention. Procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to indicate how it ensures that SIDs compliant with the Convention are only withdrawn if it is ascertained that the seafarer no longer meets the conditions for its issue under the Convention.

[The Government is asked to reply in full to the present comments in 2018.]