Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Seafarers' Identity Documents Convention, 1958 (No. 108) - Poland (Ratification: 1993)

The Committee notes the observations of NSZZ “Solidarność,” which highlights the significance of ratifying the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) for Polish seafarers, particularly regarding border crossings and shore leave. It adds that despite its relevance to the 35,000 Polish seafarers working abroad, the Government has not adequately addressed key legal and financial concerns, with discussions deemed insufficient by trade unions. It recalls the need to prioritize seafarers’ welfare and align national practices with international standards. In its reply, the Government indicates that the ratification of Convention No. 185 entails technical and financial challenges associated with complying with the biometric standards contained therein. The Committee requests the Government to provide information on any developments on this matter.

Article 5 of the Convention. Admission to territory. In reply to its previous comment, the Committee notes the Government’s reference to the Act of 12 December 2013 on Foreigners. The Committee observes that section 28(1) of the Act stipulates that a foreigner shall be refused entry into the territory of the Republic of Poland if they do not possess a valid travel document, visa, or other documents authorizing entry and stay in the territory. However, section 28(5) specifies that the provisions of paragraph 1 shall not apply to foreigners who are members of crews of ships arriving at Polish seaports, crossing the border for the purposes of going ashore and staying within the borders of the port town/city and the bordering municipalities “gminas” during the ship’s stay in the port. The Committee observes however that the Act does not seem to contain provisions enabling the readmission of seafarers holding seafarers’ identity documents (SID) – either valid or expired for no more than one year – issued by the competent Polish authority, as provided by Article 5.The Committee requests the Government to clarify how it ensures compliance with this requirement.

Article 6. Right to shore leave. In reference to its previous comment, the Committee notes the Government’s indication that pursuant to section 24 of the aforementioned Act on Foreigners, foreigners who are members of the crews of seagoing ships entering Polish seaports, crossing the border for the purpose of disembarkation and staying within the boundaries of the port city and the municipalities bordering it, are exempt from the obligation to possess visas during the ship’s stay in this port. While noting this information, the Committee requests the Government to indicate how it ensures that seafarers holding a valid SID, have the right to enter its territory for the purpose of joining a ship, passing in transit to join a ship or for repatriation, as provided for under Article 6.