Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Bosnia and Herzegovina (Ratification: 2010)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3–5 of the Convention. Content and form. The Committee notes that, in reply to its previous comment, the Government refers to the new Regulations on shipping and seafarer’s registration booklets (Official Gazette of Bosnia and Herzegovina, No. 29/19) setting the requirements for the issuance of a “maritime booklet”, which is the seafarers’ identity document (SID) for the purposes of the Convention. The Committee notes that, although the Regulations contain certain elements in accordance with the specifications of the International Civil Aviation Organization (ICAO) Document 9303, the form and content of the booklet does not fully comply with the requirements of the annexes of the Convention. The Committee further notes that such Regulations provide that the “maritime booklet” shall contain 34 pages and include information related to the medical condition, training and the employment of the seafarer (sections 8 and 11). The Committee recalls in this regard that the SID shall contain only the particulars relating to the holder provided for in Article 3(7) of the Convention and that the document shall have no more space than is necessary to contain such information (Annex I). The Committee finally notes that the provisions relating to the procedure for issuing maritime booklets will begin to be applied only upon the acquisition of technical conditions, which will be determined by a special act of the Ministry of Civil Affairs (section 26). TheCommittee accordingly requests the Government to indicate the measures taken to ensure that the SID fully complies with the Convention and to provide a specimen of the new SID when available. The Committee also requests the Government to provide information on the establishment of a national electronic database to store each SID issued, suspended, or withdrawn, as well as on the processes and procedures established for the issue of an SID, in conformity with Articles 4 and 5 of the Convention. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for Bosnia and Herzegovina on 8 January 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.

Articles 2–5 of the Convention. SIDs. In its previous comment, noting that SIDs continue to be regulated by the Regulations on Maritime and Shipping Booklets (Official Gazette of BiH, No. 14/01) which however do not give effect to key requirements of the Convention such as the insertion of a biometric template and the establishment of a national electronic database, the Committee had requested the Government to provide detailed information on any concrete measures taken for the implementation of the Convention. The Committee notes the Government’s indication in its report that there have been no changes compared to the previous reporting period. The Committee further notes that the Government does not refer to any specific measure undertaken or envisaged in order to implement the 2016 amendments to the Convention. The Committee accordingly requests the Government to adopt, in the near future, the necessary measures to give effect to the provisions of the Convention, as amended in 2016 and to provide relevant information in this regard.

Article 3. Content and form. The Committee notes the specimen SIDs supplied by the Government. It observes that both the form and the content of the specimen are not in conformity with the requirements of the Convention. Concerning the form, as indicated above, the Committee notes that the Seaman’s Book does not comply with the technical requirements of the annexes of the Convention. Concerning the content, the Committee notes that the Seaman’s Book does not contain the name of the issuing authority nor the statements required under Article 3(5). The Committee further notes that the Seaman’s Book encompasses not only the information related to the identity of seafarers but also to their qualifications, medical certificates, record of employment and visas. 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 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 these elements into account when adopting the requested measures to give effect to the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 to 7 of the Convention. Seafarers’ identity documents. The Committee notes the Government’s first report on the application of the Convention. The Committee notes, in particular, that seafarers’ identity documents continue to be regulated by the Regulations on Maritime and Shipping Booklets (Official Gazette of BiH, No. 14/01) which however do not give effect to key requirements of the Convention such as the insertion of a biometric template and the establishment of a national electronic database. The Committee also notes that the Law on Travel Documents (Official Gazette of BiH No. 4/97), as last amended in 2008, which applies also to seamen’s books, provides in section 8a for an electronic memory element to be introduced in travel documents and also for the maintenance of a central register in accordance with the Law governing the field of central registers and data exchange. According to the same provision, the format and contents of data in an electronic memory element, the means of their registration and the manner of reading them as well as technical requirements for data protection will be determined by the authority responsible for the maintenance of central registers. The Committee requests the Government to indicate whether the Law governing the field of central registers and data exchange has already been adopted and, if so, to transmit a copy. The Committee is fully cognizant of the fact that ratifying countries may need some time before the facilities and systems necessary for the implementation of the Convention are effectively put in place, especially in view of the highly technical character of certain requirements and recommended procedures. While noting the Government’s indication that it is currently in the process of establishing the maritime administration and developing the necessary services at the state level, the Committee requests the Government to provide together with its next report detailed information on any concrete measures taken for the effective implementation of the Convention both in law and in practice.