Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre los documentos de identidad de la gente de mar (revisado), 2003, en su versión enmendada (núm. 185) - Azerbaiyán (Ratificación : 2006)

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.