Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre los documentos de identidad de la gente de mar (revisado), 2003, en su versión enmendada (núm. 185) - Kenya (Ratificación : 2022)

The Committee notes the Government’s first report on the application of the Convention as well as the observations made by the Central Organization of Trade Unions (COTU-K) and the Federation of Kenya Employers (FKE) transmitted with the report. The COTU-K highlighted challenges related to the accessibility of identity documents, procedural fairness in the issuance and the renewal processes, and the impact of these regulations on the welfare and rights of seafarers. The FKE referred to issues related to administrative burden and the need to comply with evolving international standards. The Committee notes the Government’s indication that it was addressing such challenges through ongoing dialogue with stakeholders and periodic reviews of administrative practices in order to enhance compliance and effectiveness. The Committee takes note of this information.

Article 1(1) and (2) of the Convention. Definition of the term “seafarer“. The Committee notes the Government’s reference to the Merchant Shipping Act which defines "seafarer" in accordance with the Convention. It further notes the Government’s indication that the application of the Convention is extended to maritime commercial fishing following consultation with relevant fishing vessel owners and workers. Referring to its comments under Article II of the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Committee requests the Government to ensure that all seafarers as defined under Article 1 of Convention No. 185 can benefit from the protection provided by it.

Article 2. Issuance of SIDs. The Committee notes the Government’s information that the process to issue SIDs to its nationals and permanent residents aligns with national laws and regulations governing travel documents, ensuring consistency in application. The Government further states it ensures timely issuance of SIDs upon application, with provisions for administrative appeals in case of rejection. While noting this information, the Committee requests the Government to indicate the legislative texts giving effect to this provision of the Convention.

Article 3. Content and form. The Committee notes that the Government has requested the technical assistance of the Office to make progress in the issuance of an SID in conformity with the Convention. It notes however that it has not supplied a specimen of SID. The Committee hopes that the Government will conclude the process to issue a SID fully compliant with the amended version of the Convention in the near future. 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 Government’s indication that Kenya maintains an electronic database as provided for under Article 4, storing records securely and ensuring data protection. It further notes that Constitutional safeguards ensure compliance with data privacy laws, maintaining database security and accessibility for seafarers to verify correct personal data. The Government also states that procedures enable authorities to respond promptly to international inquiries regarding SID authenticity, supporting seamless verification processes at ports and other entry points. The Committee observes however that the Government has not supplied the relevant laws or regulations giving effect to Article 4. The Committee accordingly requests the Government to indicate the measures taken to ensure full conformity with Article 4 and Annex II, as amended in 2016.

Article 5. Quality control and evaluations. The Committee notes the Government’s indication that Kenya implements quality control measures for SID issuance, as specified in Annex III of the Convention, ensuring procedural integrity and security. It further indicates that Constitutional backing supports periodic evaluations of SID issuance systems, with reports submitted to the ILO and relevant stakeholders. It also states that independent evaluations will occur every five years, with results shared transparently, facilitating continuous improvement in SID issuance and management. The Committee observes however that the Government has not indicated the relevant laws or regulations. The Committee hopes that the Government will take the necessary measures in the near future to ensure conformity with the requirements of Annex III to the Convention, as amended, in order to subsequently carry out the independent evaluation of the management of its system for issuing SIDs pursuant to Article 5(4).

Article 6. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that, in relation to the implementation of Article 6, the Government refers to a number of Constitutional principles such as non-discrimination and efficient administration which guide Kenya's implementation of seafarers' rights to shore leave and transit, including measures on timely verification processes, enabling seafarers' entry for shore leave or transit without undue delay, consistent with national security protocols. While noting this information, the Committee requests the Government to indicate how it gives effect to Article 6, indicating the applicable laws and regulations.

Article 7. Continuous possession and withdrawal. The Committee notes the Government’s indication that requirements are enforced in accordance with Article 7 ensuring that seafarers can retain their documents unless temporarily held by shipmasters with consent. While noting this information, the Committee requests the Government to indicate the relevant laws and regulations giving effect to Article 7.