Seafarers' Identity Documents Convention, 1958 (No. 108) - Ghana (Ratification: 1960)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1–6 of the Convention. Issuance of seafarers’ identity documents. The Committee had noted that pursuant to section 121 of the Ghana Shipping Act, 2003 (Act No. 645), the Minister may make regulations to provide for the conditions of service of persons serving on Ghanaian ships and Ghanaian nationals serving on foreign ships, and the implementation of any international Convention relating to the employment, welfare, security, certification or status of seafarers. The Committee notes with regret that the Government, in its report, does not provide information on any regulations adopted to implement the provisions of the Convention. The Committee further notes that the Government reiterates its previous indication, namely that the specimen of a seafarers’ identity document is not readily available. The Committee therefore requests the Government to indicate the measures taken to give effect to the Convention and to provide a specimen of the seafarers’ identity document.

Article 5. Readmission of seafarers holding Ghanaian seafarers’ identity documents. The Committee had requested the Government to provide information on the measures taken to ensure that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document are admitted into Ghanaian territory. The Committee notes that the Government reiterates its previous indication, namely that a seafarers’ identity document and proof of engagement by a shipping company are required before a seafarer is permitted entry into the territory. The Committee recalls that any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which the Convention is in force shall be readmitted to that territory, whether or not they are presently engaged with a shipping company or agent. The same applies during a period of at least one year after expiry of their identity document. The Committee therefore requests the Government once again to indicate the measures adopted to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 to 6 of the Convention. Issuance of seafarers’ identity documents. The Committee notes that pursuant to section 121 of the Ghana Shipping Act, 2003 (Act No. 645), the Minister may make regulations to provide for the conditions of service of persons serving on Ghanaian ships and Ghanaian nationals serving on foreign ships, and the implementation of any international convention relating to the employment, welfare, security, certification or status of seafarers. The Committee notes with regret that the Government, in its report, does not provide information on any regulations adopted to implement the provisions of the Convention. The Committee further notes the Government’s indication that the specimen of a seafarers’ identity document is not readily available for supply to seafarers. The Committee therefore requests the Government to indicate the measures taken to give effect to the Convention and to provide a specimen of the seafarers’ identity document.

Article 5. Readmission of seafarers holding Ghanaian seafarers’ identity documents. The Committee had requested the Government to provide information on the measures taken to ensure that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document are admitted into Ghanaian territory. The Committee notes that the Government reiterates its previous indication that a seafarers’ identity document and proof of engagement by a shipping company are required before a seafarer is permitted entry into the territory. The Committee recalls that any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which the Convention is in force shall be readmitted to that territory, whether or not they are presently engaged with a shipping company or agent. The same applies during a period of at least one year after expiry of their identity document. The Committee therefore requests the Government once again to indicate the measures adopted to give effect to this provision of the Convention.

The Committee further recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

[The Government is asked to reply in full to the present comments in 2017.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 5. Readmission to territory. The Committee notes the Government’s indication that a seafarer who can present a valid seafarers’ identity document and evidence of engagement with a shipping company or agent is permitted to enter the Ghanaian territory. It recalls, however, that Article 5 of the Convention requires that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document be admitted to Ghanaian territory whether or not they are presently engaged with a shipping company or agent. The same applies up to one year after expiry of their identity document. The Committee, therefore, requests the Government to indicate what measures are taken or envisaged to bring national law and practice into line with this provision of the Convention, so that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document are admitted to Ghanaian territory whether or not they are engaged with a shipping company or agent.

Finally, the Committee takes this opportunity to recall that the 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 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 communicate any information on consultations held in this regard, also in the aftermath of the Subregional Conference on the MLC, 2006, held in Accra in October 2009, and on any progress achieved towards the ratification of Convention No. 185.

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

Article 5. Readmission to territory. The Committee notes the Government’s indication that a seafarer who can present a valid seafarers’ identity document and evidence of engagement with a shipping company or agent is permitted to enter the Ghanaian territory. It recalls, however, that Article 5 of the Convention requires that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document be admitted to Ghanaian territory whether or not they are presently engaged with a shipping company or agent. The same applies up to one year after expiry of their identity document. The Committee, therefore, requests the Government to indicate what measures are taken or envisaged to bring national law and practice into line with this provision of the Convention, so that non-Ghanaian seafarers holding a Ghanaian seafarers’ identity document are admitted to Ghanaian territory whether or not they are engaged with a shipping company or agent.

Finally, the Committee takes this opportunity to recall that the 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 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 communicate any information on consultations held in this regard, also in the aftermath of the Subregional Conference on the MLC, 2006, held in Accra in October 2009, and on any progress achieved towards the ratification of Convention No. 185.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption in 2000 of the Immigration Act repealing the provisions of the Aliens Act of 1963 (Act No. 160) as well as the adoption in 2003 of the Ghana Shipping Act (Act No. 645) repealing the provisions of the Merchant Shipping Act of 1963 (Act No. 183) and the Labour Act (Act No. 651).

Section 121 of the Ghana Shipping Act (Act No. 645) provides that the minister may make regulations as the minister considers necessary to provide for the conditions of service of persons serving on Ghanaian ships and Ghanaian nationals serving on foreign ships and the implementation of any international conventions relating to the employment and status of seafarers. However, the Government’s report does not indicate which regulations, which came into force following the adoption of Act No. 645, allow for the application of the Convention. The Committee thus requests the Government to indicate and communicate, in its next report, the specific texts giving effect to the provisions of this Convention.

Article 1, paragraph 2, of the Convention. The Government indicates in its report that in the event of any doubt whether any categories of persons are to be regarded as seafarers the maritime administration does not issue identity documents. Under the Convention, in the event of any doubt, the question of whether a seafarers’ identity document is to be issued shall be determined by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to take measures ensuring that the consultation with organizations of shipowners and seafarers required by this provision is undertaken.