Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Sri Lanka (Ratification: 2016)

The Committee notes the Government’s first report on the application of the Convention. The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Sri Lanka 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 Organisation (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. The Committee notes that the Government has initiated the process to issue SIDs in conformity with the amended version of the Convention. It further notes that the Government has submitted to the Office a copy of sample SID to verify conformity with the technical requirements of the Convention and that the Office was awaiting a sample SID (and not a copy) in order to conduct such assessment. The Committee 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 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 notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee welcomes the initial steps taken by the Government to develop a SID in conformity with the amended version of the Convention and hopes that in the near future, it will be in a position to comply with all its requirements. The Committee requests the Government to provide detailed information on all relevant measures, including a copy of the applicable national provisions. The Committee further requests the Government to supply a specimen of a SID as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Article 1, paragraph 2 of the Convention. Definitions and scope of application. The Committee notes that, under section 324 of the Merchant Shipping Act No. 52 of 1971, as amended, “seaman” is defined as every person (except an officer or a pilot or a person temporarily employed on a ship while in port) employed or engaged in any capacity on board any ship. The term “officer” includes a master, mate or engineer under this provision of the Act. The Committee further notes that “seafarer” under the Merchant Shipping (Standards of Training, Certification and Watch Keeping for Seafarers) Regulations, 2016 includes every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles. The Committee recalls that Article 1(1) of the Convention provides that the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel. The Committee requests the Government to provide clarifications on the definition of seafarer under national legislation and to indicate how it ensures that the Convention applies to all seafarers within its meaning, including officers.

Article 1, paragraph 3. Application to fishers. The Committee notes the Government’s indication that currently the provisions of the Convention do not apply to commercial maritime fishing as fishing vessels are exempted from the Merchant Shipping Act No. 52 of 1971, as amended. The Committee takes note of this information.

Articles 2 to 5. Issuance of seafarers’ identity documents. The Committee notes the Government’s indications that presently, Sri Lanka issues Continuous Discharge Certificate (CDC) and has taken steps to issue SIDs, in accordance with the technical requirements of the Convention, as amended in 2016. Noting the on-going process and referring to its comments above, the Committee requests the Government to provide detailed and up-dated information on the measures taken to give effect to Articles 2 to 5 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that generally 48 hours advance notice is enough for processing and prepare entry documents for seafarers and that, on arrival they can enter the country without any waiting time for the purpose of shore leave. It further notes that visa is not required for such entry. It also notes that seafarers are permitted to enter the country and travel to their own country by any port in Sri Lanka if they sign-off (on completion of their contract) from the ship. Noting the information provided by the Government, the Committee requests it to indicate the relevant laws or regulations giving effect to Article 6 of the Convention.

Article 7. Continuous possession of SIDs. The Committee notes the Government’s indication that the competent Authority has no direct control over the document when seafarers are at sea. However, if there are any disputes in relation to document safekeeping while at sea the Competent Authority will conduct an inquiry. The Committee takes note of this information.