Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 108) sur les pièces d'identité des gens de mer, 1958 - Cuba (Ratification: 1975)

Article 1(1) of the Convention. Scope of application. The Committee notes that, under section 3 of Resolution No. 9 of 13 May 2009 on seafarer’s book, the seafarer’s book is to be issued to seafarers engaged on international maritime navigation and commercial ocean fishing. It recalls that the Convention applies to every seafarer who is engaged in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force and ordinarily engaged in maritime navigation. The Committee accordingly requests the Government to take the necessary measures in order to extend the coverage of the relevant legislation in conformity with this Article of the Convention.

Article 3. Possession of a seafarer’s identity document by the seafarer. The Committee has been commenting for several years on the need to amend section 33 of Decree No. 26 of 19 June 1978, which allows masters of seagoing vessels to retain custody of the identity documents of members of the crew. In its last report, the Government refers to the new seafarer’s book established under Resolution No. 9 of 2009 as being the identity document for the purpose of this Convention. The Committee notes that under section 7 of that Resolution, the seafarer is obliged to carry the new seafarer’s book and to present it to national or foreign migration or maritime authorities on request. The Committee accordingly requests the Government to clarify the relationship between these two provisions.

In addition, the Committee notes the Government’s statement that due to the reinforcement of anti-terrorism measures, the seafarer’s passport has been reintroduced together with the new seafarer’s book. The Committee requests the Government to provide sample copies of the new seafarer’s book and of the seafarer’s passport.

Part V of the report form. 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 inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee notes the Government’s indication that steps are being taken for the harmonization of national legislation and the ratification of the Seafarer’s Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarer’s identity document. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee requests the Government to keep the Office informed of any further developments regarding the ratification of Convention No. 185.