Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Brazil (Ratification: 2010)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that SIDs will be issued in the future to seafarers belonging to the deck, machinery, etc. of the 1st group, as described in NORMAM – 13 of the Directorate for Ports and Coasts of the Maritime Authority. The Committee notes that this situation is not in line with Article 1(1) of the Convention under which the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee requests the Government to adopt the necessary measures to ensure that the protection afforded by the Convention applies to all seafarers as defined under its Article 1.

Articles 2–5. Seafarers’ identity documents. The Committee notes that, in reply to its previous comments regarding progress made towards the implementation of the Convention, the Government indicates that various meetings were held between the Maritime Authority and representatives of the Ministry of Labour and Employment, and the Ministry of Justice and Public Security, as well as with representatives of the Migration Control Division of the Federal Police, in order to verify the status of the seafarers’ identity document (SID) requirements by the Brazilian immigration authority. The Maritime Authority is currently sizing up the needs to begin issuing SIDs compliant with the Convention. Welcoming the initial steps taken, the Committee trusts that the necessary measures to implement the Convention will be taken in the near future. It requests the Government to provide information on any developments in this regard, including a copy of the applicable national provisions once available. The Committee further requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that: (i) the Convention was enforced by the Federal Police as from 22 October 2020; (ii) its application was suspended between 21 December 2020 and 30 April 2023 due to the COVID-19 pandemic; and (iii) as from 1 May 2023, a SID issued under Convention No. 185 is required as valid document for foreign seafarers, without requiring a visa, in accordance with Circular MOC No. 02/2022 issued by the Brazilian Federal Police. In this regard, the Committee has been informed that the enforcement of the regulations that ceased to recognize SIDs issued on the basis of the Seafarers’ Identity Documents Convention, 1958 (No. 108) has created a situation which is negatively impacting seafarers (including through fines of up to US$450, denial of disembarkation for the purpose of repatriation and deportation from the airport when arrived in the country to join a ship). This situation is aggravated by the fact that only one country (the Philippines) has been officially included in the list of countries issuing SIDs in compliance with Convention No. 185. The Committee recalls that there is nothing in Convention No. 185 that would prevent States parties to the Convention from continuing to recognize identity documents issued under Convention No. 108 as valid travel documents for the purposes of shore leave and transit, on a voluntary basis. In these circumstances, recalling that access to shore facilities, shore leave and facilitation of transit are vital elements of seafarers’ general well-being and, therefore, to the realization of decent work for seafarers, and noting that the ILO Governing Body has decided to convene in the near future a meeting of experts to examine the challenges faced by Governments regarding the implementation of Convention No. 185,the Committee encourages the Government to consider the continuous recognition of seafarers’ identity documents issued under Convention No. 108 as a temporary measure.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Brazil on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

Articles 2 to 7 of the Convention. Seafarers’ identity documents. In its previous comment, the Committee requested the Government to keep the Office informed of any progress made in the process of promulgating the decree implementing the Convention, and to indicate any concrete measures – whether legislative, administrative or others – taken for the effective application of the Convention both in law and in practice. In its reply, the Government indicates that Decree No. 8605 of 18 December 2015 has been promulgated to implement the Convention and that the Directorate for Ports and Coasts is currently finalizing the corresponding draft text to allow financial resources to be mobilized for public procurement purposes.

The Committee notes the efforts undertaken to give effect to the Convention. It further recalls the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006) whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified the Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee accordingly requests the Government to adopt the necessary measures to give effect to the provisions of the Convention in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 to 7 of the Convention. Seafarers’ identity documents (SIDs). The Committee notes the Government’s first report on the application of the Convention, in particular, the adoption of Legislative Decree No. 892-2009 of 20 November 2009. It also notes the Government’s indication, that for the Convention to take effect domestically it has to be promulgated by means of an executive branch decree. The Government further indicates that, as regards the future implementation of the Convention, the Brazilian Navy will be responsible for issuing the new and sophisticated SID and maintaining the relevant database while the federal police will be responsible for the identification of foreign crew members. The Committee recognizes that ratifying countries need time before the facilities and systems necessary for the implementation of the Convention are effectively put in place, especially in view of the highly technical character of certain requirements and recommended procedures. Noting the Government’s ongoing preparations for setting up a secure SID issuance and authentication system, the Committee requests the Government to keep the Office informed of any progress made in the process of promulgating the decree implementing the Convention, and to indicate any concrete measures – whether legislative, administrative or others – taken for the effective application of the Convention both in law and in practice.