Seafarers' Identity Documents Convention, 1958 (No. 108) - Barbados (RATIFICATION: 1967)

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2–6 of the Convention. Seafarers’ identity documents. The Committee recalls that it has been commenting for several years on the Government’s failure to apply the Convention. In particular, the Committee has been requesting the Government to: (i) reinstate the identity document for national seafarers; (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention. The Committee notes with concern the indication in the report of the Government that the Convention was not being implemented in either law or practice. The Committee further notes the indication by the Government that it encountered difficulties in finding a cost-effective solution for the issuance of identity documents for seafarers. The Committee therefore requests the Government to take the necessary steps without delay to ensure that its obligations under the Convention are fully respected and reminds the Government that it may seek technical assistance from the Office in this regard.

The Committee further 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Articles 2–6 of the Convention. Seafarers’ identity documents. The Committee recalls that it has been commenting for several years on the Government’s failure to apply the Convention. In particular, the Committee has been requesting the Government to: (i) reinstate the identity document for national seafarers; (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention. The Committee notes with concern the indication in the report of the Government that the Convention was not being implemented in either law or practice. The Committee further notes the indication by the Government that it encountered difficulties in finding a cost-effective solution for the issuance of identity documents for seafarers. The Committee therefore requests the Government to take the necessary steps without delay to ensure that its obligations under the Convention are fully respected and reminds the Government that it may seek technical assistance from the Office in this regard.

The Committee further 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

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

Article 2 of the Convention. Seafarers’ identity documents. The Committee notes the Government’s indication that the Immigration Department has the responsibility for the issuing and control of seafarers’ identity documents and that it is currently ordering those documents from suppliers and processing information for submission to the Ministry of Labour, Social Security and Human Resource Development. While noting this information, the Committee recalls its previous comment, which it has been repeating for many years, regarding the Government’s failure to apply the Convention in practice and its failure to provide information concerning whether foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument. The Committee therefore urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to provide information on all measures taken in this regard.

CMNT_TITLE

Article 2 of the Convention. Seafarers’ identity documents. The Committee notes the Government’s indication that the Immigration Department has the responsibility for the issuing and control of seafarers’ identity documents and that it is currently ordering those documents from suppliers and processing information for submission to the Ministry of Labour, Social Security and Human Resource Development. While noting this information, the Committee recalls its previous comment, which it has been repeating since 1999, regarding the Government’s failure to apply the Convention in practice and its failure to provide information concerning whether foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument. The Committee therefore urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform the Office of all measures taken in this regard. The Committee recalls, in this respect, its comment in the 2012 General Direct Request concerning the Government’s reporting obligations, in which it drew the Government’s attention to the possibility to request technical assistance from the Office. The Committee once again reminds the Government that it may seek such technical assistance from the Office.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Seafarers’ identity documents. Since 1999, the Committee has been commenting on the Government’s failure to apply the Convention and has been requesting it to: (i) reinstate the identity document for seafarers who are Barbadian nationals; (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention. In its latest report, the Government indicates that there are no active seafarers employed, no seafarer or shipowner representative organizations and no formal employment agencies. The Government adds that it has not denounced the Convention and that identity documents would be issued in the future if there is demand for them. While noting the explanations regarding the current situation with respect to Barbadian seafarers, the Committee also notes that the Government has not given any indication as to whether foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument. Under the circumstances, the Committee concludes that the basic requirements of the Convention are still not implemented in either law or practice. The Committee therefore urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform the Office of all measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. Seafarers’ identity documents. Since 1999, the Committee has been commenting on the Government’s failure to apply the Convention and has been requesting it to: (i) reinstate the identity document for seafarers who are Barbadian nationals; (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention. In its latest report, the Government indicates that there are no active seafarers employed, no seafarer or shipowner representative organizations and no formal employment agencies. The Government adds that it has not denounced the Convention and that identity documents would be issued in the future if there is demand for them. While noting the explanations regarding the current situation with respect to Barbadian seafarers, the Committee also notes that the Government has not given any indication as to whether foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument. Under the circumstances, the Committee concludes that the basic requirements of the Convention are still not implemented in either law or practice. The Committee therefore urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform the Office of all measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Article 2 of the Convention. Seafarers’ identity documents. Since 1999, the Committee has been commenting on the Government’s failure to apply the Convention and has been requesting it to: (i) reinstate the identity document for seafarers who are Barbadian nationals; (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention. In its latest report, the Government indicates that there are no active seafarers employed, no seafarer or shipowner representative organizations and no formal employment agencies. The Government adds that it has not denounced the Convention and that identity documents would be issued in the future if there is demand for them. While noting the explanations regarding the current situation with respect to Barbadian seafarers, the Committee also notes that the Government has not given any indication as to whether foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument. Under the circumstances, the Committee concludes that the basic requirements of the Convention are still not implemented in either law or practice. The Committee therefore urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform the Office of all measures taken in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations made by the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB).

In its previous comments, the Committee had noted with regret from the Government’s reports that the seafarers’ identity document required under the Convention did not exist for national seafarers in Barbados, and that foreign seafarers holding identity documents issued pursuant to the Convention are not accorded the facilities provided for in that instrument.

It had further noted that the Immigration Department has no objections to accepting the responsibility for issuing the seafarers’ identity document provided for in the Convention, although it had never been assigned to do so. The Government had referred to two possible solutions: amending the Immigration Act; or enacting new legislation to empower the Immigration Department to issue such documents.

In its latest report, the Government indicates that no legislation has been amended or enacted that would affect the application of the Convention. Changes had, however, occurred with respect to the practical application of the Convention, since, over the past years, the lack of new opportunities had impacted severely on the seafaring industry, and the job opportunities offered to Barbadian seafarers had disappeared. This meant that, while the requisite regulations giving force of law to the Convention were in place, there were no situations in practice to apply them to.

The Government does not give any indication as to whether, in the meantime, foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument.

The Committee therefore again requests the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected, at least with regard to foreign seafarers calling in its ports, and to inform the Office of measures taken in this regard. The Committee also requests the Government to indicate any instances in which Barbadian seafarers apply for seafarers’ identity documents, and to describe the action taken to provide them with the requisite documents in accordance with the requirements of the Convention.

The Committee also wishes to revert to the observations made by the CTUSAB which, with a view to enhancing national and personal security, suggested that the Government of Barbados move to ratify the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which revises the present Convention and calls for improved security measures.

The Committee asks the Government to inform the Office of any consultations held and of any steps taken or envisaged with a view to ratifying Convention No. 185.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government’s latest report, as well as the observations made by the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB).

In its previous comments, the Committee had noted with regret from the Government’s reports that the seafarers’ identity document required under the Convention did not exist for national seafarers in Barbados, and that foreign seafarers holding identity documents issued pursuant to the Convention are not accorded the facilities provided for in that instrument.

It further noted from the Government’s report that the Immigration Department has no objections to accepting the responsibility for issuing the seafarers’ identity document provided for in the Convention, although it had never been charged to do so. The report referred to two possible solutions: amending the Immigration Act; or enacting new legislation to empower the Immigration Department to issue such documents.

In its latest report, the Government indicates that no legislation has been amended or enacted that would affect the application of the Convention. Changes had, however, occurred with respect to the practical application of the Convention, since, over the past 20 years, the lack of new opportunities had impacted severely on the seafaring industry, and the job opportunities offered to Barbadian seafarers had disappeared. This meant that, while the requisite regulations giving force of law to the Convention were in place, there were no situations in practice to apply them to.

The Government, however, does not give any indication as to whether, in the meantime, foreign seafarers holding identity documents issued pursuant to the Convention are accorded the facilities provided for in that instrument.

The Committee therefore again requests the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected, at least with regard to foreign seafarers calling in its ports, and to inform it of measures taken in this regard. The Committee also requests the Government to indicate any instances in which Barbadian seafarers apply for seafarers’ identity documents, and to describe the action taken to provide them with the requisite documents in accordance with the requirements of the Convention.

The Committee also wishes to revert to the observations made by the CTUSAB which, with a view to enhancing national and personal security, suggested that the Government of Barbados move to ratify the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which revises the present Convention and calls for improved security measures.

The Committee asks the Government to inform it of any consultations held and of any steps taken or envisaged with a view to ratifying Convention No. 185.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret from the Government’s report that the seafarers’ identity document required under the Convention does not exist for national seafarers in Barbados, and that foreign seafarers holding identity documents issued pursuant to the Convention are not accorded the facilities provided for in that instrument.

It further notes from the Government’s report that the Immigration Department has no objections to accepting the responsibility for issuing the seafarers’ identity document provided for in the Convention, although it has never been charged to do so. The report refers to two possible solutions: amending the Immigration Act; or enacting new legislation to empower the Immigration Department to issue such documents.

The Committee urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform it of measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret from the Government’s report that the seafarers’ identity document required under the Convention does not exist for national seafarers in Barbados, and that foreign seafarers holding identity documents issued pursuant to the Convention are not accorded the facilities provided for in that instrument.

It further notes from the Government’s report that the Immigration Department has no objections to accepting the responsibility for issuing the seafarers’ identity document provided for in the Convention, although it has never been charged to do so. The report refers to two possible solutions: amending the Immigration Act; or enacting new legislation to empower the Immigration Department to issue such documents.

The Committee urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform it of measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret from the Government’s report that the seafarers’ identity document required under the Convention does not exist for national seafarers in Barbados, and that foreign seafarers holding identity documents issued pursuant to the Convention are not accorded the facilities provided for in that instrument.

It further notes from the Government’s report that the Immigration Department has no objections to accepting the responsibility for issuing the seafarers’ identity document provided for in the Convention, although it has never been charged to do so. The report refers to two possible solutions: amending the Immigration Act; or enacting new legislation to empower the Immigration Department to issue such documents.

The Committee urges the Government to take the necessary steps to ensure that its obligations under the Convention are fully respected and to inform it of measures taken in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with concern that, according to the Government’s report, the seafarers’ identity document is no longer issued to Barbadian nationals, and that "a seafarer entering Barbados would need to present a national passport and proof of engagement to join the vessel".

The Committee recalls the obligation of a State party under Article 2(1) of the Convention to issue a seafarer’s identity document to each of its nationals who is a seafarer on application by him. Therefore, the competent authority must have and make available a specific document for seafarers containing the full particulars prescribed by the Convention and, regardless of the document’s national denomination, it must contain the statement that it is issued for the purpose of the Seafarers’ Identity Documents Convention, 1958 (No. 108), of the International Labour Organization,as required under Article 4(2) of the Convention.

  Furthermore, the Committee recalls that under Article 6(1) and (2) of the Convention the identity document issued pursuant to this Convention shall suffice for a seafarer wishing to take temporary shore leave in a State party to the Convention; it need not be accompanied by a passport. In addition, where the identity document has space for appropriate entries, it entitles the seafarer to enter the territory for transit passage to join a ship or for repatriation, subject to the provision under Article 6(3) of the Convention according to which the receiving State may require documentary proof concerning the seafarer’s engagement.

The Committee recalls its comments on the application of this Convention in its last report (International Labour Conference, 87th Session, 1999, Report III (Part 1A), pages 21-25) and requests the Government to: (i) reinstate the identity document forthwith for seafarers who are Barbadian nationals, (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide the Committee with copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention in law and in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the absence of the specimen document requested as part of the 1998 report on the application of the Convention. It further notes with concern that, according to the Government's report, the seafarers' identity document is no longer issued to Barbadian nationals, and that "a seafarer entering Barbados would need to present a national passport and proof of engagement to join the vessel".

The Committee recalls the obligation of a State party under Article 2(1) of the Convention to issue a seafarer's identity document to each of its nationals who is a seafarer on application by him. Therefore, the competent authority must have and make available a specific document for seafarers containing the full particulars prescribed by the Convention and, regardless of the document's national denomination, it must contain the statement that it is issued for the purpose of the Seafarers' Identity Documents Convention, 1958 (No. 108), of the International Labour Organization, as required under Article 4(2) of the Convention.

Furthermore, the Committee recalls that under Article 6(1) and (2) of the Convention the identity document issued pursuant to this Convention shall suffice for a seafarer wishing to take temporary shore leave in a State party to the Convention; it need not be accompanied by a passport. In addition, where the identity document has space for appropriate entries, it entitles the seafarer to enter the territory for transit passage to join a ship or for repatriation, subject to the provision under Article 6(3) of the Convention according to which the receiving State may require documentary proof concerning the seafarer's engagement.

The Committee recalls its comments on the application of this Convention in its last report (International Labour Conference, 87th Session, 1999, Report III (Part 1A), pages 21-23) and requests the Government to: (i) reinstate the identity document forthwith for seafarers who are Barbadian nationals, (ii) enact new regulations or amend existing ones so that foreign seafarers may enter Barbados with a valid identity document issued pursuant to this Convention; and (iii) provide the Committee with copies of the relevant legislative and/or regulatory texts ensuring the application of the Convention in law and in practice.

[The Government is asked to report in detail in 2001.]