Seafarers' Identity Documents Convention, 1958 (No. 108) - Latvia (Ratification: 1993)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 5 of the Convention. Readmission to a territory. The Committee notes the Government’s information that amendments to Regulation No. 992 of 20 December 2005 on the Seaman’s Discharge Book, were adopted on 20 February 2018. It also notes the text of the amended legislation supplied by the Government, as well as the statistics provided with regard to seafarers’ discharge books issued and cancelled up to 1 June 2022. The Committee notes that, in reply to its previous comments on the application of Article 5, the Government indicates that a State which has ratified the Convention shall be bound by its provisions. In accordance with the provisions of Article 13 of the Law on International Treaties of the Republic of Latvia, if an international treaty ratified by the Saeima (the Parliament) contains different provisions than legal acts of the Republic of Latvia, the provisions of the international treaty shall apply. Accordingly, the provisions of the Article 5 of the Convention are in force in the country even if they have not been transposed into other national laws and regulations. The Government further indicates that the sub-paragraph 7.3.3 of the State Border Guard Order No. 679 of 21 May 2020 provides that a seafarer’s identity document (a seaman’s discharge book) shall be deemed to be invalid only if more than one year has passed after the expiry date specified in the document. The Committee takes note of this information.

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

Article 5 of the Convention. Readmission to a territory. The Committee had noted that the issue of readmission into a territory was dealt with in Regulation No. 279 of 27 May 2003, which, however, was repealed by Regulation No. 992 of 20 December 2005. The Committee notes that the latter Regulation does not address this issue and that the Government’s report provides no information in this respect. The Committee recalls that, according to Article 5 of the Convention, any seafarer who holds a valid seafarers’ identity document issued by the competent authority of a territory for which this Convention is in force shall be readmitted to that territory, and that readmission shall be possible during a period of at least one year after the date of expiry indicated in the said document. The Committee requests the Government to indicate how it is ensured that effect is given to this Article 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.

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

Articles 2, 3 and 4 of the Convention. Conditions of issuance, form and content of seafarers’ identity documents. Further to its previous comments, the Committee notes with interest that the provisions in Regulation of the Cabinet of Ministers No. 992 of 20 December 2005 on the seaman’s book are entirely consistent with the requirements of the Convention. It notes, in particular, that these provisions set out that the seaman’s book: has to remain in the seafarer’s custody (section 2), is issued upon duly submitted application by the seafarer (section 13), is valid for ten years, or five years upon a seafarer’s initial receipt (section 18), contains all the particulars required by the Convention (section 5) and even reproduces the text of Article 6 of the Convention on page 32 (specimen in Annex I of the Regulation).

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the number of seaman’s books delivered from May 2005 to May 2010. The Committee requests the Government to continue 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 inspection reports showing the number and nature of any infringements and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that Convention No. 108 has been revised by 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. The Convention was adopted by the ILO to complement action being taken within the framework of the International Maritime Organization (IMO) through the adoption of the International Ship and Port-facility Security Code (ISPS). 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 examine 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 2006, published 96th ILC session (2007)

The Committee notes the Government’s report, as well as the legislation transmitted with it. It also notes the adoption, on 20 December 2005, of Regulation No. 992 of the Cabinet of Ministers respecting the Seaman’s Book, which repeals Regulation No. 279 of the Cabinet of Ministers of 27 May 2003. The Committee requests the Government to supply a copy of this Regulation, if possible in English, to allow it to examine the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2, paragraph 1, of the Convention. Section 2, sentence 2, as well as Appendix 1 under section 10 of the regulations concerning the Republic of Latvia Sailor’s Book of 8 July 1994 regulate that the sailor’s book shall be issued upon the request of the employer. The Committee recalls that under the Convention, the seafarer himself has the right to apply for a seafarer’s identity document. It requests the Government to provide information on how it ensures that the seafarer may apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer.

Article 3. Section 15 of the regulations concerning the Republic of Latvia Sailor’s Book regulates that upon arrival on the ship, the bearer of the sailor’s book shall submit his sailor’s book to the captain of the ship or a person authorized by him and that once the seafarer is transferred from the ship he may keep the sailor’s book himself. In its latest report, however, the Government indicates that the sailor’s book remains in the seafarer’s possession at all times, except when he stops going to sea. The Committee requests the Government to explain, when a seafarer is deemed to have terminated his work at sea, as stated under section 19 of the regulations concerning the Republic of Latvia Sailor’s Book. The Committee requests the Government to indicate the specific measures or provisions which ensure that the seafarer’s identity document remains in the possession of the seafarer at all times, as unequivocally required by this provision of the Convention.

Article 4, paragraph 2. The Committee requests the Government to take the necessary measures to ensure, that the place of issue is entered in the discharge book, in accordance with the Convention.

Article 4, paragraph 6. Please provide information on the consultations with the shipowners’ and seafarers’ organizations concerned, before the precise form and content of the seafarer’s identity document has been decided by the competent body.

Article 5. The Committee notes that the holder of a seamen’s discharge book has the right to enter the Republic of Latvia on board a ship where the name of the holder of the seamen’s discharge book has been entered in the ship’s crew list. Article 5, paragraph 1, only requires the seafarer to hold a valid seafarer’s identity document, issued by the competent authority of a country, in order to be readmitted to that country. This provision of the Convention does not require the seafarer’s name to be entered in any crew list. The Committee therefore requests the Government to take the necessary measures to ensure that a seafarer with a valid Latvian seafarer’s identity document is readmitted to Latvia, including during a period of at least one year after any date of expiry indicated in the seafarer’s identity document (Article 5, paragraph 2), even without being entered into any ship’s crew list.

Article 6, paragraph 1. The Government indicates that there are no restrictions for temporary shore leave in Latvia. Please indicate the national provision or any other measure, which ensure that a seafarer holding a valid seafarer’s identity document is permitted entry into Latvia, when entry is requested for temporary shore leave while the ship is in port.

Article 6, paragraph 2. Please indicate the national provision or any other measure which ensures that a seafarer holding a valid seafarer’s identity document containing space for appropriate entries is permitted to enter the country for the purposes described under paragraph 2 of Article 6 of the Convention.

The Committee notes from the Government’s last report that new regulations concerning format, issue and follow up of seamen’s discharge books are at the stage of preparation in the Ministry of Transport. It asks the Government to keep it informed about all progress achieved, as well as on the consultations with the shipowners’ and seafarers’ organizations concerned, as required by the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret 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 reads as follows:

The Committee notes the information in the Government’s report according to which the identity document is issued upon request by the employer (shipowner), and is drawn up and kept by the Latvian Sailor’s Registry Office.

The Committee draws the Government’s attention to the requirement under Article 2(1) of the Convention that the seafarer has the right to apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer. Moreover, Article 3 of the Convention specifies that the identity document shall remain in the seafarer’s possession at all times; therefore, it cannot be kept by the Registry Office.

The Committee further recalls the provisions under Article 4(6) of the Convention which require consultations with shipowners’ and seafarers’ organizations as to the form and content of the seafarers’ identity document.

While the Committee notes that under national law the Seaman’s Discharge Book serves as the identity document, it recalls that all obligations concerning identity documents pursuant to the Convention are applicable, irrespective of the denomination of the document or its other uses.

The Committee, therefore, requests the Government to provide detailed information in its next report on steps taken or envisaged to: (i) bring this legislation into conformity with the Convention, in particular as concerns the application for and continuous possession of the seafarers’ identity document by the seafarer; and (ii) provide details concerning consultations with shipowners’ and seafarers’ organizations as to the form and content of the identity document

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret 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 according to which the identity document is issued upon request by the employer (shipowner), and is drawn up and kept by the Latvian Sailor's Registry Office.

The Committee draws the Government's attention to the requirement under Article 2(1) of the Convention that the seafarer has the right to apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer. Moreover, Article 3 of the Convention specifies that the identity document shall remain in the seafarer's possession at all times; therefore, it cannot be kept by the Registry Office.

The Committee further recalls the provisions under Article 4(6) of the Convention which require consultations with shipowners' and seafarers' organizations as to the form and content of the seafarers' identity document.

While the Committee notes that under national law the Seaman's Discharge Book serves as the identity document, it recalls that all obligations concerning identity documents pursuant to the Convention are applicable, irrespective of the denomination of the document or its other uses.

The Committee, therefore, requests the Government to provide detailed information in its next report on steps taken or envisaged to: (i) bring this legislation into conformity with the Convention, in particular as concerns the application for and continuous possession of the seafarers' identity document by the seafarer; and (ii) provide details concerning consultations with shipowners' and seafarers' organizations as to the form and content of the identity document.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 following matters raised in its previous direct request, which read as follows:

The Committee notes the information in the Government's report according to which the identity document is issued upon request by the employer (shipowner), and is drawn up and kept by the Latvian Sailor's Registry Office.

The Committee draws the Government's attention to the requirement under Article 2(1) of the Convention that the seafarer has the right to apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer. Moreover, Article 3 of the Convention specifies that the identity document shall remain in the seafarer's possession at all times; therefore, it cannot be kept by the Registry Office.

The Committee further recalls the provisions under Article 4(6) of the Convention which require consultations with shipowners' and seafarers' organizations as to the form and content of the seafarers' identity document.

While the Committee notes that under national law the Seaman's Discharge Book serves as the identity document, it recalls that all obligations concerning identity documents pursuant to the Convention are applicable, irrespective of the denomination of the document or its other uses.

The Committee, therefore, requests the Government to provide detailed information in its next report on steps taken or envisaged to: (i) bring this legislation into conformity with the Convention, in particular as concerns the application for and continuous possession of the seafarers' identity document by the seafarer; and (ii) provide details concerning consultations with shipowners' and seafarers' organizations as to the form and content of the identity document.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information in the Government's report according to which the identity document is issued upon request by the employer (shipowner), and is drawn up and kept by the Latvian Sailor's Registry Office.

The Committee draws the Government's attention to the requirement under Article 2(1) of the Convention that the seafarer has the right to apply in his personal capacity for the identity document and is not obliged to apply through the intermediary of the employer. Moreover, Article 3 of the Convention specifies that the identity document shall remain in the seafarer's possession at all times; therefore, it cannot be kept by the Registry Office.

The Committee further recalls the provisions under Article 4(6) of the Convention which require consultations with shipowners' and seafarers' organizations as to the form and content of the seafarers' identity document.

While the Committee notes that under national law the Seaman's Discharge Book serves as the identity document, it recalls that all obligations concerning identity documents pursuant to the Convention are applicable, irrespective of the denomination of the document or its other uses.

The Committee, therefore, requests the Government to provide detailed information in its next report on steps taken or envisaged to: (i) bring this legislation into conformity with the Convention, in particular as concerns the application for and continuous possession of the seafarers' identity document by the seafarer; and (ii) provide details concerning consultations with shipowners' and seafarers' organizations as to the form and content of the identity document.