Seafarers' Identity Documents Convention, 1958 (No. 108) - Seychelles (Ratification: 1978)

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

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) received on 31 August 2015 which state that the SFWU, along with the Apostleship of the Sea (AOS) and the Seychelles Seafarers and Transport Association (SSTA) recognize the need to consider the possibility of ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). The SFWU also stated that the social partners will appreciate technical assistance in order to undertake this task. The Committee takes note of this information and requests the Government to provide its comments in this respect.

Articles 5 and 6 of the Convention. Readmission to territory and right to enter territory. In its previous comment, the Committee noted that there was no specific legislation or regulation providing for seafarers who hold a valid seafarers’ identity document, the right to be readmitted into the issuing territory, for at least one year after its expiry, as well as the right to shore leave, as required by Articles 5 and 6 of the Convention, respectively. The Committee notes the Government’s indication in its report that the Merchant Shipping (Certification of Seafarers of International Ship) Regulations, 2014, conferred by the Merchant Shipping Act, 1994 (Cap. 127 A), implements the Convention. It observes, however, that only section 166 of the Merchant Shipping Act discusses the issuance of the Discharge Book. The Committee notes however that these legislative texts do not mention the readmission or the right to enter a territory. The Committee once again requests the Government to take the necessary measures in order to fully implement the requirements of Articles 5 and 6 of the Convention.

The Committee 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.

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

Articles 5 and 6 of the Convention. Readmission to territory and right to enter territory. The Committee understands that there is no specific legislation or regulation implementing these requirements of the Convention. It recalls that, under the Convention, the seafarer’s identity document is the sole document needed for the seafarer to enter the territory of another State Party to the Convention and to return to the issuing State even after expiry. These principles of free admission to a territory (for purposes of shore leave) and right of return are not self-executing, but require specific measures by the competent authority for their implementation. The Committee accordingly requests the Government to take the necessary measures in order to fully implement the requirements of Articles 5 and 6 of the Convention, both in law and practice.

Part V of the report form. Practical application. The Committee requests the Government to supply up-to-date information on the practical application of the Convention including, for instance, statistical information on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations and any difficulties encountered in the application of the Convention.

The Committee also takes the 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, while at the same time facilitating the seafarers’ right to shore leave, 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 therefore invites the Government to consider the possibility of ratifying Convention No. 185 in the near future and to keep the Office informed of any decisions taken in this respect.

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

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 direct request, which read as follows:

The Committee notes the information in the Government’s report.

Article 2 of the Convention. The Committee notes that passports are issued to seafarers who are nationals but that identity documents are issued to foreign seafarers engaged on local trading vessels. The Committee recalls that identity documents must be available on request to nationals who are seafarers.

Article 4(2) of the Convention. The Committee notes that the specimen identity document does not contain the required statement that it is an identity document for the purpose of this Convention.

The Committee requests the Government to clarify the abovementioned points and to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report.

Article 2 of the Convention.The Committee notes that passports are issued to seafarers who are nationals but that identity documents are issued to foreign seafarers engaged on local trading vessels. The Committee recalls that identity documents must be available on request to nationals who are seafarers.

Article 4(2) of the Convention.The Committee notes that the specimen identity document does not contain the required statement that it is an identity document for the purpose of this Convention.

The Committee requests the Government to clarify the abovementioned points and to bring its legislation into conformity with the Convention.