Seafarers' Identity Documents Convention, 1958 (No. 108) - Panama (Ratification: 1970)

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

Articles 5 and 6 of the Convention. Permit for entry and readmission to the territory. In its previous comments, recalling that the visa requirement for seafarers is inconsistent with the principles of free admission to a territory (for purposes of shore leave) and right of return, the Committee requested the Government to adopt the necessary measures in order to ensure that foreign seafarers holding a valid seafarer’s identity document may enjoy these rights in conformity with the Convention. The Committee notes that, in its report, the Government refers to legislation already examined by the Committee and reiterates that such legislation is justified by the need to guarantee effective security policies in the country. The Committee recalls once again that, under Articles 5 and 6 of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of any State party to the Convention and to return to the issuing State even after the expiry of the document. The Committee urges the Government to take the necessary measures to bring its legislation into conformity with the Convention.

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

Article 6 of the Convention. Permission to enter the territory for shore leave, transit or transfer. Further to its previous comment concerning new regulations that have made the entry of foreign seafarers into Panamanian territory subject to the holding of a special seafarer’s visa, the Committee notes the Government’s reference to section 16(3) of Act No. 3 of 22 February 2008 and section 30 of Executive Decree No. 320 of 8 August 2008 that indeed establishes the requirement for a seafarer’s special visa before foreign seafarer’s may be allowed to enter the country for a maximum of five days. The Committee recalls that under Articles 5 and 6 of the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of any State party to the Convention and to return to the issuing State even after expiry. Noting that the visa requirement is inconsistent with the principles of free admission to a territory (for purposes of shore leave) and right of return set out in this Article of the Convention, the Committee requests the Government to take appropriate action in order to bring national legislation into conformity with the Convention.

Part V of the report form. Practical application. The Committee takes note of the statistical information provided by the Government in its report concerning the number of seafarers’ identity documents issued during the period 2005–09. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of seafarers’ identity documents delivered, extracts from reports of inspection services and difficulties encountered in the application of the Convention.

Finally, the Committee notes the Government’s indication that steps are being taken for the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security while at the same time facilitating the freedom of movement of seafarers 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 keep the Office informed of any further developments regarding the process of ratification of Convention No. 185.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the information provided by the Government indicating that the constitutional procedures for the ratification of Convention No. 185 have begun and requests the Government to keep it informed of any developments in this respect. Nevertheless, it draws the Government’s attention to the following point.

Article 5 of the Convention. Readmission to the territory. According to resolution 614-515-ALCN of 1981, Panama issues a seafarer’s identity document to all seafarers working on board Panamanian ships engaged in maritime navigation. The issue of this document is subject to the fulfilment of requirements concerning the age and physical fitness of the seafarer, his occupational qualifications, and the length of his period of service at sea.

In 2005, an agreement concluded between the National Directorate of Migration and Naturalization (DNMN) and the Maritime Chamber of Panama (CMP) appears to have made the entry of foreign seafarers into Panamanian territory subject to the holding of a special seafarers’ visa. The foreign seafarer holding such a visa may remain in Panamanian territory for five days after having disembarked from or before boarding a ship that has called into a national port; this period of time may be extended by another five days by the Directorate of Migration, following a reasoned extension request notified by the shipping company (sections 6 and 7 of the above agreement). The agreement also contains special clauses for foreign seafarers whose nationality is subject to restrictions in Panama.

Pursuant to Article 5 of the Convention, the country that has issued the seafarer’s identity document is obliged to readmit to its territory any seafarer holding a valid identity document (Article 5, paragraph 1) and any seafarer holding a seafarer’s identity document that has expired, during a period of at least one year after any date of expiry indicated in the said document (Article 5, paragraph 2). No other conditions shall be attached to such readmission. However, since 2005 and the introduction of the abovementioned agreement, it appears that Panama makes it impossible for foreign seafarers to whom it has issued a seafarer’s identity document, to gain readmission without fulfilling certain conditions. Consequently, the Committee requests the Government to take the necessary measures to ensure that any foreign seafarer who holds a seafarer’s identity document issued by Panama can be readmitted to the territory without a special visa even when the identity document he holds expired since a year or less.