Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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, 5 and 6 of the Convention. Seafarer’s identity document – Right of re-admission and entry. The Committee notes that, according to the Guidance Brochure 2, issued by the Gibraltar Maritime Administration in June 2010, every seafarer employed on a Gibraltar-registered ship must have at least two different identity documents; one of them must be a valid passport, and the other may be a seafarer’s identity document or a discharge certificate (record of sea service) issued by Gibraltar or the country of the seafarer’s nationality. In addition, the Committee notes the Government’s indication in an earlier report that with respect to the seafarer’s right to entry, the time limit and evidence required is at the discretion of the Immigration Department. While noting section 50 of the Gibraltar Merchant Shipping (Safety, etc.) Ordinance, 1993, the Committee asks the Government to explain in detail the state of law and practice in relation to the issuance of seafarer’s identity documents and to transmit copies of any relevant laws or regulations implementing the specific requirements of Articles 5 and 6 of the Convention. The Committee requests the Government to indicate whether the Standing Order (International Labour Convention No. 108 – Seafarers’ Identity Documents) of 3 September 1971 is still in effect.

Practical application. The Committee requests the Government 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, and a specimen copy of the seafarer’s identity document currently in use.

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 consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185.