Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185) - Turkmenistan (Ratification: 2014)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Turkmenistan 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 (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents 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 recalls in this regard 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 notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic.

Article 1 of the Convention. Definition of seafarers. In its previous comment, the Committee requested information on the definition of the term “seafarer”. The Committee notes that, in its report, the Government indicates that paragraph 2 of the Regulations on Seafarers’ Identity Documents of Turkmenistan (“the SID Regulations”) defines a SID as a document which confirms the identity of a person who works on board a maritime vessel (other than a ship of war or a military support vessel), a maritime fishing vessel, or a river-sea vessel, used for merchant shipping, and which contains information on the seafarer’s work as a member of a vessel’s crew. The Committee observes that this information concerns the definition of a SID and not a “seafarer”. The Committee takes note of this information.

Article 3. Content and form of seafarers’ identity documents. Noting that, according to the description of the Turkmenistan SID, approved by Order No. 13358 of the President of Turkmenistan, issued on 6 December 2013, before the adoption of the 2016 amendments to the Annexes of the Convention, the SID not only contains the information related to the identity of seafarers but also to their record of employment, the Committee requested the Government to ensure conformity with the requirements of Article 3. In the absence of new information by the Government, the Committee reiterates its request recalling that the inclusion of information related to the employment or training of the seafarer is not in conformity with the Convention. The Committee requests the Government to take the necessary measures to issue a new SID fully compliant with the amended version of the Convention and to provide a specimen of the new SID when available.

Article 4. National electronic database. In its previous comment, the Committee noted the Government’s indication that an electronic secured database system was currently being developed to meet the requirements of Article 4 of the Convention. In this regard, the Committee notes the Government’s indication that the State Service for Maritime and River Transport is still working on the development of such system. Noting the Government’s ongoing preparations for setting up a secured SID issuance and authentication system, the Committee requests the Government to provide information on any development in this regard.

Article 6, paragraph 4. Facilitation of shore leave and transit and transfer of seafarers. The Committee observed that paragraph 6 of the SID Regulations does not explicitly refer to the possibility for a seafarer holding a valid SID in conformity with the Convention to enter the Turkmen territory for temporary shore leave. In the absence of information in this regard, the Committee requests the Government to indicate how it ensures conformity with this requirement of the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Convention. It also notes that the 2016 amendments to the annexes of the Convention entered into force for Turkmenistan 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 (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, according to the information submitted by the Government in its report, no measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard 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 the Convention, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. While noting with interest the efforts undertaken by the Government to give effect to the previous version of the Convention, the Committee requests the Government to address the issues raised below and to indicate any measures taken or envisaged to issue new SIDs in accordance with the amended version of the Convention.

Article 1 of the Convention. Definition of seafarers. The Committee notes that the Government’s report contains no information on the definition of the term “seafarer”. Recalling that under Article 1(1) of the Convention the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation, the Committee requests the Government to provide information on the definition of the term “seafarer” under national legislation.

Article 3. Content and form of SIDs. The Committee notes that the Government adopted in 2013–14 a number of decisions and regulations aimed at issuing SIDs in accordance with the technical requirements contained in the previous version of the Convention. The Committee notes however that the Government is now required to issue a new SID in conformity with the amended version of the Convention and will therefore not comment on the technical features of the SID currently been used. Nonetheless, regarding the content of the SID, it notes that according to the description of the Turkmenistan seafarer’s identity document, approved by Order No. 13358 of the President of Turkmenistan, dated 6 December 2013, the SID not only contains the information related to the identity of seafarers but also to their record of employment (pages 5–23). The Committee recalls in this regard that Article 3(7) of the Convention stipulates that particulars about the holder included in the SID “shall be restricted” to those enumerated in that Article. As a result, the inclusion of information related to the employment or training of the seafarer is not in conformity with the Convention. The Committee hopes that the Government will take the necessary measures in the near future to issue a new SID fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it becomes available.

Article 4. National electronic database. The Committee notes the Government’s indications that: (1) an electronic secured database system is currently being developed to meet the requirements of Article 4 of the Convention; (2) procedures will be introduced in order to enable any seafarer to whom an SID has been issued to examine and check the validity of all the data held or stored in the electronic database which relate to that individual, at no cost to the seafarer concerned; and (3) personal data shall not be used for any purpose other than verification of the SID. Noting the Government’s ongoing preparations for setting up a secure SID issuance and authentication system, the Committee requests the Government to provide information on the process of review of the national database system and to indicate any measures taken to ensure its full compliance with Article 4 and Annex II of the Convention, as amended.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s reference to paragraph 6 of the Regulations on Seafarers’ Identity Documents, approved by Order No. 13358, which provides that a foreign seafarer, holder of an SID may enter the Turkmen territory on the basis of an appropriate document in order to: (i) join their ship or transfer to another ship; (ii) passing in transit (by road, rail or plane) to join their ship or for departure from Turkmenistan; and (iii) in any other case approved by the State Service. The Committee observes that paragraph 6 does not appear to permit the entry of a seafarer holding a valid SID in conformity with the Convention for temporary shore leave as required by Article 6(4). The Committee accordingly requests the Government to indicate how it ensures compliance with Article 6(4) of the Convention.