Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the annexes of the Convention entered into force for the Bahamas on 8 June 2017. Noting the Government’s reference to the “draft Merchant Shipping Regulation and Marine Notice”, the Committee observes that the legislation required to give effect to the Convention is still being developed. Moreover, the Committee notes that, while indicating that the specimen of SID has both eye-readable and non-eye readable data, the Government has not supplied a specimen thereof. The Committee accordingly requests the Government to adopt the necessary measures to give full effect to the provisions of the Convention, as amended in 2016, taking into account the issues raised below.

Article 1, paragraphs 1-2 of the Convention. Scope of application. The Committee notes the Government’s information that “seafarer” includes any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Government indicates that no cases of doubt as to whether any categories of persons are to be regarded as seafarers have arisen so far; however, in collaboration with the Bahamas Maritime Authority (BMA), a “Statement of Interpretation” regarding seafarers is in place, that shall be issued if required. Referring to its comments under Article II of the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Committee requests the Government to ensure that all seafarers as defined under Article 1 of Convention No. 185 can benefit from the protection provided by the Convention.

Article 1, paragraph 3. Application to commercial maritime fishing. The Committee notes the Government’s information that the BMA, the Bahamas Shipowners Association and all relevant bodies, are presently in consultation regarding the applicability of the Convention to fishers. The Committee requests the Government to provide information on any developments in this regard.

Articles 2-5 and 7. Seafarers’ identity documents. Implementation. The Committee notes that the Government provides little information on the application of the Convention and refers to the Seaman Record Book which is not a seafarer’s identity document (SID) for the purpose of the Convention. Referring to its comments above, the Committee requests the Government to provide detailed and up-dated information on the concrete measures taken to give effect to Articles 2-5 and 7 of the Convention, indicating the relevant national texts that implement each of the provisions of the Convention. The Committee also requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s indication that: (i) a SID issued by the Bahamas, shall be accompanied and/or supplemented by the passport; (ii) the verification and any related inquiries and formalities are at no cost to the seafarers, shipowners, crewing agents and seafarers’ recruitment and placement services; (iii) it will be ensured that once the competent authority has been duly advised of the seafarer’s arrival, SIDs will be processed in the shortest possible time, providing there are no grounds to doubt their authenticity; (iv) a valid SID may only be refused on grounds of public health, e.g. COVID-19 and associated contagious diseases, public safety, e.g. an unsafe port, public order or national security; and (v) for the purpose of shore leave, the seafarers are not required to have a visa. While noting this information, the Committee requests the Government to indicate the relevant national provisions which give effect to Article 6 of the Convention.