Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Iles Marshall (Ratification: 2011)

Article 2 of the Convention. Issuance of seafarers’ identity documents. In its previous comments, the Committee noted that a Seafarer Identity and Record Book (SIRB) is required, with certain exceptions, for each person employed on-board a vessel registered under the Maritime Act. It also noted the observations of the International Transport Workers’ Federation (ITF) that the Government contravenes the Convention by requiring all seafarers, with a few exceptions, to have a SIRB as a prerequisite to work on ships flying its flag. Noting that the issuance of seafarers’ identity documents (SIDs) to seafarers who are not nationals or have not been granted the status of permanent resident, in accordance with the national laws and regulations of the State concerned, is not in conformity with the Convention, the Committee requested the Government to take the necessary measures to ensure compliance with Article 2 of the Convention by limiting the issuance of SIDs to nationals and permanent residents in the country. The Committee notes the Government’s information in its report that, following consultations with the Office, the Maritime Administrator of the Republic of the Marshall Islands (RMI) has agreed to issue SIDs in conformity with the Convention only to its nationals and is investigating ways in which this can be achieved. The Committee notes, however, the Government’s indication that the Administrator will continue to issue SIRBs under RMI legislation to all persons employed on board a vessel registered under the Maritime Act. The Committee requests the Government to provide information on any measure taken to ensure compliance with Article 2 of the Convention by limiting the issuance of SIDs to nationals and permanent residents in the country.

Article 3. Content and form. Noting that both the form and the content of the specimen SID supplied by the Government were not in conformity with the requirements of the Convention, the Committee requested the Government to take the necessary measures to ensure full conformity with Article 3 of the Convention. The Committee notes the Government’s indication that the Administrator is exploring means, including outsourcing, to ensure the issuance of SIDs in conformity with Article 3 of the Convention. The Government indicates that data protection and maintaining the integrity of electronic systems will be critical components in any final decisions made with regard to the issuance of SIDs in compliance with the Convention. The Committee requests the Government to provide information on any developments with regard to the issuance of SIDs fully compliant with the Convention.

Article 4. National electronic database. The Committee had requested the Government to indicate the measures taken to ensure that the national electronic database complies with the provisions of Article 4 and contains the data specified under Annex II of the Convention, including the biometric template appearing on the SID. The Committee notes that the Government mostly reiterates the information provided on this issue in its previous report. Referring to its comments under Articles 2 and 3 and to the prospect of the issuance of SIDs in conformity with the Convention, the Committee requests the Government to provide information on the measures taken to ensure that a national electronic database to store each SID issued, suspended or withdrawn is established in conformity with Article 4 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. In its previous comment, the Committee observed that the applicable provisions (the Immigration Act and the Immigration Regulations) did not appear to take into account Article 6 of the Convention which provides that each Member for which the Convention is in force shall permit the entry into its territory of a seafarer holding a valid SID in conformity with the Convention, either for temporary shore leave (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)). The Committee requested the Government to indicate how it ensures compliance with Article 6 of the Convention. The Committee notes the Government’s indication that full alignment with Article 6 would require amending the Immigration Act and the Ports of Entry Act. The Committee requests the Government to provide information on any progress made in amending the applicable legislation to ensure full conformity with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. In its previous comment, the Committee requested the Government to indicate how it ensures that SIDs compliant with the Convention are only withdrawn if it is ascertained that the seafarer no longer meets the conditions for its issuance under the Convention. The Committee notes the Government’s information that investigations, including those to ascertain whether seafarers still meet the conditions for possessing their identity document, are governed by the RMI Rules for Marine Investigation (MI 260) and the RMI Rules for Maritime Administrative and Adjudicatory Proceedings (MI-264). The Government further states that a SID may only be revoked after an investigation. In this regard, paragraph 2.0 of the MI-260 establishes that “Where an investigation proposes the suspension, revocation or cancellation of any license, certificate … an Investigation Review Board shall be convened in accordance with MI-264”. The Government also indicates that pursuant to the Maritime Act, upon exhaustion of administrative remedies, appeal may be taken to the High Court of the RMI. The Committee takes note of this information which addresses its previous request.