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 - Kazakhstan (Ratification: 2010)

The Committee takes note of the third report of the Government on the application of the Convention. The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for Kazakhstan 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 provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents (hereinafter, referred to as 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.

The Committee notes that, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. While welcoming the numerous efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1 of the Convention. Definitions and scope of application. The Committee notes that the Government provides no indication on the meaning of the term “seafarer”. Recalling that, for the purposes of the Convention, 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 (Article 1, paragraph 1), the Committee requests the Government to indicate the laws or regulations which define this term.

Article 3. Content and form of the seafarers’ identity document. The Committee notes the Government’s indication that several laws and regulations were adopted during the period 2010–16 to implement the national system for processing, issuing and verifying SIDs and that 1,201 SIDs have been issued until August 2018. Noting that the Government is now required to issue a new SID in conformity with the amended version of the Convention, it will not comment on the current version of the SID. Referring to its comment above, the Committee hopes that the Government will take the necessary measures in the near future to issue a new SID that will be fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it becomes available.

Article 4. National electronic database. The Committee notes the detailed information provided by the Government regarding the functioning of the national electronic database. It notes the Government’s indication that the data to be included in the registration entry encompasses, in addition to the elements mentioned in the Convention, “information about work performed over the last five years, including study in educational institutions and military service”. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the information contained in the record shall be restricted to details which are essential for the purposes of verifying a SID or the status of a seafarer and which are consistent with the seafarer’s right to privacy and which meet all applicable data protection requirements. The details are set out in Annex II. Noting that the list of elements to be recorded in the database contains information that is not mentioned in Annex II, the Committee requests the Government to indicate how it ensures that the information included in the national electronic database is in line with Annex II of the Convention. The Committee further requests the Government to provide updated information on the functioning of the national electronic database taking into account the amended version of Annex II once the system to issue the new SIDs is in place.

Article 6. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that the Government’s indication that seafarers do not require visas for shore leave. The Government adds that, provided there are no grounds for refusing seafarers entry on to the territory of the Republic of Kazakhstan for joining their ships, transit or transfer to another vessel, seafarers holding valid SIDs are, on the condition of having a passport, allowed to enter its territory as soon as their vessels arrive at Kazakhstan ports. Noting, however, that the Government provides no indications on the laws or regulations under which Article 6 is implemented, the Committee requests the Government to provide this information.