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 - Luxembourg (Ratification: 2011)

The Committee notes the Government’s first and second reports on the application of the Convention. The Committee notes that the amendments of 2016 to the Annexes of the Convention entered into force for Luxembourg on 8 June 2017. The Committee recalls that the amendments are aimed at aligning the technical requirements of the Convention with the more modern standards adopted by the International Civil Aviation Organization (ICAO). In particular, they are intended to change the biometric in the seafarer’s identity document from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless electronic chip, as defined by ICAO Document 9393.

Articles 2 to 5 of the Convention. Seafarers’ identity documents. The Committee notes the Government’s indication that Luxembourg has not yet issued any seafarers’ identity documents in the format specified by Convention No. 185 and that no application to this effect has been made. The Government explains that the Convention has not been implemented because of the unique situation of Luxembourg, and specifically that only 12 seafarers who are nationals of Luxembourg have been identified, which makes the number of documents to be produced insignificant from a commercial standpoint. It adds that, in view of the country’s landlocked location, the probability of needing to verify and recognize seafarers’ identity documents issued by other States, by the Luxembourg border authorities, is very low. The Government indicates that the various particulars that have to be included in the identity document are all indicated in the “seafarer’s service book” that Luxembourg continues to produce. The Government indicates that it is nevertheless aware of the need to implement the Convention and that is examining possible solutions. To this effect, it envisages that it may depend on the cooperation of the ILO Members that have been able to effectively implement the Convention. While noting the information provided by the Government, the Committee recalls that Article 2, paragraph 2, of the Convention provides that each Member for which the Convention is in force shall issue to each of its nationals who is a seafarer and makes an application to that effect a seafarers’ identity document conforming to the provisions of Article 3 of the Convention. The Committee notes that a Bill amending the Act of 9 November 1990 on the establishment of a public maritime register for Luxembourg is in the process of being adopted, and that it is intended in particular to give effect to the Maritime Labour Convention, 2006, as amended (MLC, 2006). Section 3.0.0-4 of this Bill provides that “the commissioner shall issue to any national of Luxembourg who exercises the profession of seafarer and makes an application to that effect a seafarer’s identity document as specified by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). A Grand-Ducal regulation shall establish the modalities and conditions of issuance”. The Committee requests the Government to adopt the necessary measures to ensure the implementation of the Convention, as amended.