Seafarers' Identity Documents Convention, 1958 (No. 108) - Bermuda

CMNT_TITLE

Articles 2, 3, 5, and 6 of the Convention. Issuance of seafarers’ identity documents. Right to maintain the document in the seafarer’s possession. Readmission to a territory and permission to enter a territory. In its previous comments, the Committee requested the Government to indicate the measures adopted to give effect to the Convention. The Committee notes that, in its report, the Government refers to section 89(1)(a) of the Merchant Shipping Act, 2002, which states that the Minister may make regulations providing for the issue to Bermuda seafarers of cards (referred as “Bermuda seafarer’s cards”) in such form and containing such particulars with respect to the holders thereof and such other particulars (if any) as may be prescribed by the regulations, and for requiring Bermuda seafarers to apply for such cards. The Government further indicates that Bermuda seafarer’s identity cards may be issued to any Bermuda or foreign seafarer serving on board a ship registered in Bermuda upon application. The Committee notes in this regard the Procedure for Issuing a Bermuda Seafarer’s Identity Document (PSEA 282) issued on 22 November 2018 available on the website of the Maritime Administration, which gives effect to Article 2 of the Convention. In the absence of other information, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to Articles 3, 5, and 6 of the Convention.

Article 4. Content of seafarers’ identity documents. The Committee notes the copy of the seafarers’ identity document provided by the Government. The Committee observes however that the document provided contains a typo on the year of adoption of the Convention, which is 1958 and not 1985. The Committee, therefore, requests the Government to amend the seafarers’ identity document to ensure full conformity with Article 4, paragraph 2 and to provide a specimen (not a photocopy) of the revised seafarers’ identity document.

CMNT_TITLE

Articles 2 to 6 of the Convention. Issuance, form and content of seafarers’ identity documents. Right to maintain the document in the seafarer’s possession. Readmission to a territory and permission to enter a territory. The Committee previously requested the Government to provide information on any developments concerning the process of revision of the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations, 1991 (hereinafter the “1991 Regulations”). It notes the adoption of the Merchant Shipping (Seafarer’s Employment) Regulations, 2013 (hereinafter the “2013 Regulations”), which revokes the 1991 Regulations. It also notes, however, that the 2013 Regulations do not give effect to the requirements laid down in Articles 2 to 6 of the Convention. The Committee therefore requests the Government to indicate the relevant legislative texts giving effect to the provisions of the Convention, and to provide a recent specimen of the seaman’s discharge book currently in use.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

CMNT_TITLE

Articles 2 and 4 of the Convention. Issuance, form and content of seafarers’ identity documents. The Committee notes the Government’s statement that the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations, 1991 are currently in the process of being revised in light of the provisions of the Maritime Labour Convention, 2006 (MLC, 2006). In this regard, the Committee draws the Government’s attention to the fact that the present Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted for the purpose of enhancing port and border security, while at the same time facilitating the seafarers’ right to shore leave, through the establishment of a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to keep the Office informed of any further developments concerning the process of revision of the 1991 Regulations and any consideration being given to the effective implementation of Convention No. 185.

Part V of the report form. Practical application. The Committee notes the statistical information provided in the Government’s report according to which 5,638 seafarers’ identity documents were issued in 2009. The Committee would be grateful if the Government would continue to supply up-to-date information on the practical application of the Convention, including for instance, statistical information on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the services entrusted with the enforcement of the relevant laws and regulations, or any difficulties encountered in the application of the Convention. In addition, the Government is asked to provide a specimen of the seaman’s discharge book currently in use.