Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 185) sur les pièces d'identité des gens de mer (révisée), 2003, telle qu'amendée - Pakistan (Ratification: 2006)

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 Pakistan 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 Doc. 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 Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. While noting 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 Part 1, chapter 1, paragraph 45, of the Merchant Shipping Ordinance 2001 (MSO), defines “seaman” as “a person employed or engaged, or to be employed or engaged, for service in any capacity on board any ship, but does not include master, pilot or apprentice”. The Government indicates that the definition of “seaman” is currently being reviewed and that a text containing a new definition will be promulgated after the completion of this process. The Committee recalls that under Article 1, paragraph 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, which includes masters and apprentices. The Committee requests the Government to indicate the measures taken in order to ensure that masters and apprentices are regarded as seafarers and that they enjoy the protection provided for by the Convention.

Article 2. Issuance of seafarers’ identity documents (SIDs). In its previous comment, noting that the existing legislation needed to be revised, the Committee requested the Government to provide information on any new legislative provision given effect to the Convention. The Committee notes the Government’s indication that: (1) SIDs are issued to Pakistani nationals holding a valid Computerized National Identity Card and a valid passport; (2) SIDs may also be issued to seafarers who have been granted the status of permanent resident; (3) the applicant should be a registered seafarer holding a Seaman Service Book issued under the MSO; (4) SIDs are issued within a period of three days; and (5) in case of rejection of a seafarer’s application, he/she may appeal to the higher administrative authority, the Director-General of the Ports and Shipping Department. The Committee further notes that the Circular on Machine Readable Seafarers’ Identity Document of 5 September of 2005 establishes the procedure for the issuance of SIDs. While noting this information, the Committee observes that the Government has not indicated the relevant laws or regulations providing for seafarers’ right to an administrative appeal in the case of a rejection of their application. The Committee therefore requests the Government to indicate the legislative or other measures that give effect to Article 2, paragraph 5, of the Convention.

Article 3. Content and form of SIDs. In its previous comment, the Committee noted that the SIDs issued by the National Database and Registration Authority (NADRA) were defective since they were not reliably machine readable and were not compliant with the ICAO 9303 specifications, as prescribed by Article 3 and Annex I 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 follow up on its previous comments on this issue. The Committee hopes that the Government will take the necessary measures to issue a new SID that will be fully compliant with the amended version of the Convention. It requests the Government to provide a specimen of the new SID when it will be available.

Article 4. National electronic database. In its previous comment, the Committee had raised a number of points with regard to which the operation of the national electronic database of SIDs kept by NADRA had to be improved to ensure compliance with the requirements of Article 4 and Annex II of the Convention. These improvements included: the capability of the database to be promptly updated when a SID is suspended or withdrawn; the availability of the focal point 24 hours per day, seven days a week; the database encryption and appropriate access control mechanisms; and the possibility to record all queries received and processed by the database concerning the authenticity and validity of SIDs. In its reply, the Government indicates that the record of each SID issued, suspended or withdrawn is stored in an electronic database, which is secure and accessible only through password by the authorized person(s). To this end, NADRA has developed and deployed centralized software for the production/issuance of SID for the Ministry of Maritime Affairs. The Government highlights that the SID system is currently being reviewed by NADRA. It further indicates that the Shipping Master, Ministry of Maritime Affairs is the permanent focal point for responding to any inquiry prescribed under this provision of the Convention. The Committee requests the Government to provide information on the process of review of the national database system and to indicate any measure taken to ensure its full compliance with Article 4 and Annex II of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. In the absence of information on the relevant laws or regulations, the Committee requests the Government to indicate how it ensures compliance with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. The Committee observes that the Government provides no information regarding seafarers’ right to maintain the possession of the SID at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarers’ written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention. The Committee notes the Government’s indication that the issuing authority of the SID (Shipping Master) may suspend, cancel or withdraw the SID if the seafarer holding the SID commits any misconduct. The seafarer concerned may make administrative appeal to the higher authority. The Government further indicates that no consultation has taken place in this regard. While noting this information, the Committee observes that the Government has not indicated the relevant laws or regulations or other measures giving effect to Article 7, paragraph 2, of the Convention. The Committee recalls that the procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to indicate the measures adopted in this regard.