Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Myanmar (Ratification: 2018)

The Committee notes the Government’s first report on the application of the Convention and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). It also notes that the 2016 amendments to the annexes of the Convention entered into force for the Republic of the Union of Myanmar on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO document 9303. The Committee notes that, according to the information provided by the Government, the laws and regulations required to give effect to the Convention are still being developed. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government in the near future will adopt the necessary measures to give full effect to the provisions of the Convention, as amended in 2016, taking into account the issues raised below. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee also requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Article 1 of the Convention. Definition of the term “seafarer “. The Committee notes that section 9 of Guidance 2/2013 dated 14 August 2013 provides that seafarer means any person who is employed or engaged or works in any capacity on board a ship to which the MLC, 2006 applies. It notes however that section 2 of the Merchant Shipping Act (Myanmar (Burma) Merchant Shipping Act) [India Act XXI, 1923] excludes from the definition of “seaman” masters, pilots and apprentices duly indentured and registered. The Committee recalls that under Article 1(1) of the Convention the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. Referring to its comments under Article II of the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Committee requests the Government to ensure that masters and apprentices can benefit from the protection provided by Convention No. 185.

Article 1, paragraph 3 of the Convention. Application to fishers. The Committee notes the Government’s indication that it has decided not to apply the provisions of the Convention to commercial maritime fishing. The Committee takes not of this information.

Articles 2 to 5 and 7 of the Convention. Seafarers’ identity documents (SIDs). Implementation. The Committee notes the Government’s explanations concerning its plans to issue SIDs in conformity with the amended version of the Convention. It further notes that the Government organized in 2017 a tender to select a service provider to issue the new SIDs. It notes however that the Government has not provided up-dated information on the current status of the process. The Committee notes these initial efforts. Referring to its comments above, the Committee requests the Government to provide detailed and up-dated information on the concrete measures taken to give effect to Articles 2 to 5 and 7 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that it allows the entry of seafarers during three days for the purpose of joining a ship or transit or transfer without providing information about the relevant laws or regulations. The Committee requests the Government to indicate the relevant national laws and regulations, which give effect to Article 6 of the Convention.