Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 108) sur les pièces d'identité des gens de mer, 1958 - Ukraine (Ratification: 1970)

The Committee notes the information provided by the Government by a communication transmitted to the Office on 30 November 2016 recalling that Ukraine is one of the leaders in the world maritime labour market with over 100,000 seafarers currently working in the shipping industry worldwide. The Committee further notes the Government’s indication that ensuring the ratification of the Seafarers’ Identity Documents Convention (Revised) (No. 185), is an important objective for the country and that technical assistance from the Office is required in this regard. The Committee requests the Government to provide information on the progress made towards the ratification of Convention No. 185. It invites the Government to avail itself of the technical assistance of ILO for the purpose of implementing the Convention.

Article 4 of the Convention. Form and content of the seafarers’ identity document. The Committee notes with interest the Government’s indication concerning the adoption of Order No. 441 of 26 July 2015 of the Cabinet of Ministers on Seafarers’ Identity Documents. This Order stipulates the procedure concerning the completion, issuance, exchange, return to the State, and disposal of seafarers’ identity documents. It further establishes the details and format of the seafarers’ identity document indicating that it should contain a contactless chip in accordance with the requirements of Doc. 9303 of the International Civil Aviation Organization (ICAO). The Committee notes that the details provided under Annex I of Order No. 441 in relation to the form and content of the seafarers’ identity document are in conformity with Article 4 of the Convention. Noting that a specimen of a seafarers’ identity document has not been provided by the Government, the Committee requests it to provide one with its next report.

Article 5(2). Readmission. In its previous comment, the Committee requested the Government to indicate by what means it facilitates the entry into the country of a seafarer who holds an expired Ukrainian seafarers’ identity document. The Committee notes the Government’s indication that according to the Rules of Crossing the State Border by Citizens of Ukraine, approved by Order No. 57 of 27 January 1995, citizens of Ukraine may cross the state border using a seafarers’ identity document. Where such document expires while the citizen is outside Ukraine, the citizen must obtain an identity document issued by a diplomatic mission or consular office of Ukraine abroad, enabling the Ukrainian citizen to enter the national territory. While noting this information, the Committee recalls that Article 5 of the Convention requires that 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 during a period of at least one year after the date of expiry indicated in the said document. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to ensure that any seafarer who holds an expired seafarers’ identity document is readmitted into Ukraine during a period of at least one year after the date of expiry indicated in the said document, as required by Article 5 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.