Seafarers' Identity Documents Convention, 1958 (No. 108) - Gibraltar

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 5 and 6 of the Convention. Readmission to the territory and permission to enter a territory. In its previous comments, the Committee had requested the Government to indicate how it gives effect to Articles 5 and 6. The Committee notes that, in its report, the Government indicates that Gibraltar does not issue seafarers’ identity documents but accepts valid seafarers’ identity documents for readmission into Gibraltar if the seafarer is resident in Gibraltar, as it accepts passports and other recognized travel documentation. The Government also indicated that, in appropriate cases, the Principal Immigration Officer in Gibraltar may be directed by the Government of Gibraltar to allow persons to leave or enter Gibraltar or who are in transit by land, sea or air through the airport to any country specified in any direction, by waiving any controls, powers or functions required under Gibraltar law. The Committee further notes that the Government indicates that a seafarer holding a valid seafarers’ identity document may be permitted to enter Gibraltar in the cases foreseen in Article 6. In addition, the Committee notes the Government’s indication that, in the very near future, it will adopt legislation to give firmer legal and statutory footing to the Convention as well as to allow seafarers from Gibraltar to apply for seafarers’ identity documents in Gibraltar.  The Committee requests the Government to provide a copy of the new legislation once it has been adopted, indicating the provisions that ensure full compliance with Articles 5 and 6.

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

Article 2 of the Convention. Issuance of seafarers’ identity documents. In its previous comments, the Committee requested the Government to provide information on the issuance of seafarers’ identity documents. It notes that the Gibraltar Maritime Administration does not currently issue these documents, which are issued by the United Kingdom.

Articles 5 and 6. Readmission to the territory and permission to enter a territory. The Committee had previously requested the Government to indicate how the requirements of these Articles of the Convention are complied with. It notes that the Government’s report provides no information in this regard. The Committee therefore once again requests the Government to indicate how it gives effect to 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 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2, 5 and 6 of the Convention. Seafarer’s identity document – Right of re-admission and entry. The Committee notes that, according to the Guidance Brochure 2, issued by the Gibraltar Maritime Administration in June 2010, every seafarer employed on a Gibraltar-registered ship must have at least two different identity documents; one of them must be a valid passport, and the other may be a seafarer’s identity document or a discharge certificate (record of sea service) issued by Gibraltar or the country of the seafarer’s nationality. In addition, the Committee notes the Government’s indication in an earlier report that with respect to the seafarer’s right to entry, the time limit and evidence required is at the discretion of the Immigration Department. While noting section 50 of the Gibraltar Merchant Shipping (Safety, etc.) Ordinance, 1993, the Committee asks the Government to explain in detail the state of law and practice in relation to the issuance of seafarer’s identity documents and to transmit copies of any relevant laws or regulations implementing the specific requirements of Articles 5 and 6 of the Convention. The Committee requests the Government to indicate whether the Standing Order (International Labour Convention No. 108 – Seafarers’ Identity Documents) of 3 September 1971 is still in effect.

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 a specimen copy of the seafarer’s identity document currently in use.

The Committee draws the Government’s attention to the fact that the present Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted for the purpose of enhancing port and border security, while at the same time facilitating the seafarers’ right to shore leave, through the establishment of a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2, 5 and 6 of the Convention. Seafarer’s identity document – Right of re-admission and entry. The Committee notes that, according to the Guidance Brochure 2, issued by the Gibraltar Maritime Administration in June 2010, every seafarer employed on a Gibraltar-registered ship must have at least two different identity documents; one of them must be a valid passport, and the other may be a seafarer’s identity document or a discharge certificate (record of sea service) issued by Gibraltar or the country of the seafarer’s nationality. In addition, the Committee notes the Government’s indication in an earlier report that with respect to the seafarer’s right to entry, the time limit and evidence required is at the discretion of the Immigration Department. While noting section 50 of the Gibraltar Merchant Shipping (Safety, etc.) Ordinance, 1993, the Committee asks the Government to explain in detail the state of law and practice in relation to the issuance of seafarer’s identity documents and to transmit copies of any relevant laws or regulations implementing the specific requirements of Articles 5 and 6 of the Convention. The Committee would also appreciate if the Government would indicate whether the Standing Order (International Labour Convention No. 108 – Seafarers’ Identity Documents) of 3 September 1971 is still in effect.

Part V of the report form. Practical application. The Committee would be grateful if the Government would 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 a specimen copy of the seafarer’s identity document currently in use.

Finally, the Committee notes the Government’s indication that the Gibraltar Maritime Administration is fully committed to the preparation and implementation of the Maritime Labour Convention, 2006 (MLC, 2006), and that to divert the resources needed to address issues of the present Convention in detail would seriously jeopardize the preparation and implementation of the MLC, 2006, being achieved by the due date. In this regard, the Committee draws the Government’s attention to the fact that the present Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted for the purpose of enhancing port and border security, while at the same time facilitating the seafarers’ right to shore leave, through the establishment of a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185 and to keep the Office informed of any steps taken in this direction.