Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Azerbaijan (RATIFICATION: 2006)

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Article 2 of the Convention. Issuance of seafarers’ identity documents. Referring to its previous comments, the Committee notes with interest the Government’s indication in its report that Act No. 324-VIQD amended sections 2 and 3 of the Seafarer’s Identity Document Regulations by removing the reference to ships registered in the Republic of Azerbaijan, thus allowing seafarers’ identity documents (SIDs) to be issued also to seafarers who are nationals or have been granted the status of permanent residents and who work on board ships registered in a foreign flag State. The Committee takes note of this information, which addresses its previous request.

Articles 3–5. Seafarers’ identity documents. The Committee notes the Government’s indication that: (i) the 2016 amendments to the Convention were approved by Act No. 313-VIQ of 4 May 2021; (ii) Act No. 324-VIQD of 25 May 2021, which amends the Seafarer’s Identity Document Regulations (Act No. 324-VIQD), gives effect to the 2016 amendments; (iii) seafarers are currently issued a SID that does not take account of the 2016 amendments; (iv) work is underway to issue compliant SIDs; and (v) once all the necessary procedures will be completed, the issuance of SIDs compliant with the 2016 amendments will start and a specimen of the new SID will be submitted to the Office. The Government further indicates that an independent assessment of the SID system, including quality control procedures, was carried out by the State Maritime and Port Agency in December 2022 and a report thereon was submitted to the Office in January 2023. While welcoming the Government’s efforts to ensure compliance with the Convention, the Committee notes that the independent evaluation carried out by the Government pursuant to Article 5, paragraph 4, did not take into account the 2016 amendments. The Committee requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available.

Article 6. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that the Government does not provide information in reply to its previous comments, and that the Seafarer’s Identity Document Regulations, as amended, do not contain provisions giving effect to Article 6.The Committee requests the Government to take the necessary measures to give effect to Article 6 in respect of any seafarer who holds a valid SID issued in accordance with the Convention by other Members for which the Convention is in force. It also requests the Governmentto provide detailed information, including available statistical data, on any refusal of permission to come ashore or entry into its territory as provided for in Article 6, paragraphs 5 and 8 of the Convention, and to specify the grounds.

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The Committee takes note of the third report of the Government on the application of the Convention. The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for Azerbaijan on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (hereinafter, referred to as SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

The Committee notes that the implementation of the national system for processing, issuing and verifying SIDs is regulated mainly by the Seafarers’ Identity Document Regulations, approved by Act No. 541-IIIQ of 1 February 2008 (hereinafter the “Seafarers’ Identity Document Regulations”). The Committee further notes the Government’s indication, in its report, that: (a) the provisions of the Convention are not applied to commercial maritime fishing; (b) between 1 August 2008 and 31 May 2018, 16,342 SIDs were issued; and (c) that two independent assessments of the administration of the system for issuing SIDs, including quality control procedures, were carried out, more recently in May 2017.

The Committee notes the efforts undertaken by the Government to give effect to the Convention, including the initial steps taken towards the issuance in the future, of a new SID in accordance with the amended version of the Convention. The Committee notes that the State Maritime Agency has recently indicated that amendments to the legislation are being prepared and has submitted a draft version of these amendments. The State Maritime Agency has also provided a prototype SID. The Committee further recalls the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee requests the Government to address the issues raised below and to provide information on the measures taken to give full effect to the provisions of the Convention, as amended in 2016. It also requests the Government to continue the procedure for issuing the SIDs. The Committee requests the Government to provide a specimen of the new SID when issued.

Article 2 of the Convention. Issuance of seafarers’ identity documents. The Committee notes that the Government, with reference to articles 2 and 3 of the Seafarers’ Identity Document Regulations, indicates that the identity document is issued to citizens of the Republic of Azerbaijan working in any capacity on board ships registered in the country and engaged in maritime navigation. Identity documents may also be issued to foreigners who have been granted the status of permanent resident or to stateless persons engaged in duties on board ships registered in the Azerbaijan Republic or leased for use in its territory. The Committee recalls that Members for which the Convention is in force shall issue SIDs to nationals who are seafarers and make an application to that effect (Article 2(1)) and may issue SIDs to seafarers who have been granted the status of permanent resident in its territory (Article 2(3)), regardless of the flag of the ship on which these seafarers work. The Committee requests the Government to indicate whether SIDs are also issued, upon request, to seafarers who are nationals or have been granted the status of permanent residents and who work on board ships registered in a foreign flag State.

Article 6. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that, concerning shore leave, transit and transfer of seafarers holding a SID, the Government refers to national legislation and other measures without reproducing the relevant applicable provisions. The Committee requests the Government to provide a copy of the relevant legislation and other measures giving effect to Article 6 of the Convention. The Committee further requests the Government to provide detailed information, including available statistical data, on any refusal of permission to come ashore or entry into its territory as provided for in Article 6(5) and (8) of the Convention, and to specify the grounds.

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Articles 2–7 of the Convention. Seafarers’ identity documents. The Committee notes the information contained in the Government’s first report on the application of the Convention, in particular the adoption of the Government’s Seafarers’ Identity Document Regulations, approved by Act No. 541-IIIQ of 1 February 2008, which implements the provisions of the Convention, and establishes the interdepartmental automated “input–output and registration” data search system. The Regulations provide for a seafarer’s identity document (SID) containing, among other particulars, biometric data and a digital photograph in accordance with the International Civil Aviation Organization (ICAO) Document 9303, thus conforming to the model SID set out in Annex I of the Convention. The Regulations also specify the SID format, size, and the material to be used. The SID is issued within 15 days from receipt of the application for an initial period of five years, which may be extended up to a maximum of ten years. Entries in the SID are shown in the official language of Azerbaijan and in English and details of the document are stored in the interdepartmental automated
“input–output and registration” data search system.

The Committee understands, however, that notwithstanding the adoption of implementing legislation, the Government has not yet started the issuance of SIDs and that general technical guidance is still needed in order to ensure compliance, for instance, with regard to data protection and privacy standards by the focal point during the verification and authentification process.

The Committee is fully cognizant of the fact that ratifying countries may need a few years to put in place the facilities and systems necessary for the issuance of seafarers’ identity documents, especially in view of the highly technical character of certain requirements and recommended procedures. The Committee further understands that, at the initial stage, it may only be able to make a preliminary assessment of the extent to which Members ratifying the Convention have established the necessary facilities and systems.

The Committee accordingly requests the Government to indicate: (i) whether the interdepartmental automated “input–output and registration” data search system is currently in operation; (ii) whether any independent evaluation of the administration of the system has already been carried out or planned; and (iii) describe any additional measures or procedures considered for the development of the SID issuance system. In addition, it requests the Government to provide a specimen (not a photocopy) seafarer’s identity document.