Seafarers' Identity Documents Convention, 1958 (No. 108) - British Virgin Islands

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Articles 2 to 6 of the Convention. Seafarers’ identity documents. In reply to the Committee’s previous comment, the Government indicates that there has been no change in the legislation and that the Regulations on the procedure for issuance of a Seafarers’ Identity Card are being drafted. The Committee requests the Government to report on any progress made in this regard and to transmit a copy of the new regulations and procedure, once adopted. It further requests the Government to provide a specimen of the seafarers’ identity document once it has been issued.

The Committee further notes the Government’s indication that the option of including the requirements of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) in the procedures is being explored. The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 108 as “outdated”. In this context, the Committee requests the Government to provide information on any developments regarding the eventual ratification of Convention No. 185 and reminds the Government of the possibility to avail itself of the technical assistance of the Office.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 to 6 of the Convention. Seafarers’ identity documents. The Committee previously requested the Government to indicate whether any regulations under section 143 of the Merchant Shipping Act of 2001 (No. 13), had been adopted in relation to the issuing of seafarers’ cards. The Committee notes the Government’s indication in its report that such regulations have been outlined but that no card is currently being issued. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the requirements laid down in the Convention.

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.

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Articles 2 to 6 of the Convention. Seafarers’ identity documents. The Committee previously requested the Government to indicate whether any regulations under section 143 of the Merchant Shipping Act of 2001 (No. 13), had been adopted in relation to the issuing of seafarers’ cards. The Committee notes the Government’s indication in its report that such regulations have been outlined but that no card is currently being issued. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the requirements laid down in the Convention.

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.

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Articles 2 and 4 of the Convention. Seafarers’ identity documents. The Committee recalls that the Government has last provided information on how the Convention is applied in law and practice in 1972, and, in all subsequent reports, it has indicated that there has been no change in the law giving effect to the Convention. The Committee notes that under section 143 of the Merchant Shipping Act of 2001 (No. 13), the Governor in Council may make regulations providing for the issue to Virgin Islands seafarers of cards in such form and containing such particulars with respect to the holders as may be prescribed by the regulations and for requiring Virgin Islands seafarers to apply for such cards. The Committee requests the Government to indicate whether any such regulations have so far been issued, and if so, to transmit a copy. The Committee would also appreciate receiving a specimen of the British Virgin Islands seafarer’s card currently in use.

Articles 3, 5 and 6. Readmission to a territory and right to enter a territory. The Committee requests the Government to specify the laws or regulations giving effect to the following requirements of the Convention: seafarer’s identity document to remain in the seafarer’s possession at all times (Article 3); seafarer’s right of return to the territory of the country that issued the identity document (Article 5); and seafarer’s right to enter the territory of a country for which the Convention is in force for temporary shore leave or for the purpose of joining a ship, passing in transit to join a ship or for repatriation (Article 6).