INTERNATIONAL
LABOUR ORGANIZATION
Convention N 185.
SEAFARERS' IDENTITY DOCUMENTS CONVENTION (REVISED), 2003
(Geneva,
19.06.2003)
The
General Conference of the International Labour Organization,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Ninety-first Session on 3 June 2003, and Mindful
of the continuing threat to the security of passengers and crews and the safety
of ships, to the national interest of States and to individuals, and
Mindful
also of the core mandate of the Organization, which is to promote decent
conditions of work, and
Considering
that, given the global nature of the shipping industry, seafarers need special
protection, and
Recognizing
the principles embodied in the Seafarers' Identity Documents Convention, 1958,
concerning the facilitation of entry by seafarers into the territory of
Members, for the purposes of shore leave, transit, transfer or repatriation,
and
Noting
the Convention on the Facilitation of International Maritime Traffic, 1965, as
amended, of the International Maritime Organization, in particular, Standards
3.44 and 3.45, and
Noting
further that United Nations General Assembly Resolution A/RES/57/219
(Protection of human rights and fundamental freedoms while countering
terrorism) affirms that States must ensure that any measure taken to combat
terrorism complies with their obligations under international law, in
particular international human rights, refugee and humanitarian law, and
Being
aware that seafarers work and live on ships involved in international trade and
that access to shore facilities and shore leave are vital elements of
seafarers' general well-being and, therefore, to the achievement of safer
shipping and cleaner oceans, and
Being
aware also that the ability to go ashore is essential for joining a ship and
leaving after the agreed period of service, and
Noting
the amendments to the International Convention for the Safety of Life at Sea,
1974, as amended, concerning special measures to enhance maritime safety and
security, that were adopted by the International Maritime Organization
Diplomatic Conference on 12 December 2002, and
Having
decided upon the adoption of certain proposals with regard to the improved
security of seafarers' identification, which is the seventh item on the agenda
of the session, and
Having
decided that these proposals shall take the form of an international Convention
revising the Seafarers' Identity Documents Convention, 1958,
adopts
this nineteenth day of June of the year two thousand and three, the following
Convention, which may be cited as the Seafarers' Identity Documents Convention
(Revised), 2003.
1.
For the purposes of this 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.
2.
In the event of any doubt whether any categories of persons are to be regarded
as seafarers for the purpose of this Convention, the question shall be
determined in accordance with the provisions of this Convention by the
competent authority of the State of nationality or permanent residence of such
persons after consulting with the shipowners' and seafarers' organizations concerned.
3.
After consulting the representative organizations of fishing-vessel owners and
persons working on board fishing vessels, the competent authority may apply the
provisions of this Convention to commercial maritime fishing.
Article 2.
ISSUANCE OF SEAFARERS' IDENTITY DOCUMENTS
1.
Each Member for which this Convention is in force shall issue to each of its
nationals who is a seafarer and makes an application to that effect a
seafarers' identity document conforming to the provisions of Article 3 of this
Convention.
2.
Unless otherwise provided for in this Convention, the issuance of seafarers'
identity documents may be subject to the same conditions as those prescribed by
national laws and regulations for the issuance of travel documents.
3.
Each Member may also issue seafarers' identity documents referred to in
paragraph 1 to seafarers who have been granted the status of permanent resident
in its territory. Permanent residents shall in all cases travel in conformity
with the provisions of Article 6, paragraph 7.
4.
Each Member shall ensure that seafarers' identity documents are issued without
undue delay.
5.
Seafarers shall have the right to an administrative appeal in the case of a
rejection of their application.
6.
This Convention shall be without prejudice to the obligations of each Member
under international arrangements relating to refugees and stateless persons.
1.
The seafarers' identity document covered by this Convention shall conform - in
its content - to the model set out in Annex I hereto. The form of the document
and the materials used in it shall be consistent with the general
specifications set out in the model, which shall be based on the criteria set
out below. Provided that any amendment is consistent with the following
paragraphs, Annex I may, where necessary, be amended in accordance with Article
8 below, in particular to take account of technological developments. The
decision to adopt the amendment shall specify when the amendment will enter into
effect, taking account of the need to give Members sufficient time to make any
necessary revisions of their national seafarers' identity documents and
procedures.
2.
The seafarers' identity document shall be designed in a simple manner, be made
of durable material, with special regard to conditions at sea and be
machine-readable. The materials used shall:
(a) prevent tampering with
the document or falsification, as far as possible, and enable easy detection of
alterations; and
(b) be generally accessible
to governments at the lowest cost consistent with reliably achieving the
purpose set out in (a) above.
3.
Members shall take into account any available guidelines developed by the
International Labour Organization on standards of the technology to be used
which will facilitate the use of a common international standard.
4.
The seafarers' identity document shall be no larger than a normal passport.
5.
The seafarers' identity document shall contain the name of the issuing
authority, indications enabling rapid contact with that authority, the date and
place of issue of the document, and the following statements:
(a) this document is a
seafarers' identity document for the purpose of the Seafarers' Identity
Documents Convention (Revised), 2003, of the International Labour Organization;
and
(b) this document is a
stand-alone document and not a passport.
6.
The maximum validity of a seafarers' identity document shall be determined in
accordance with the laws and regulations of the issuing State and shall in no
case exceed ten years, subject to renewal after the first five years.
7.
Particulars about the holder included in the seafarer's identity document shall
be restricted to the following:
(a) full name (first and
last names where applicable);
(b) sex;
(c) date and place of birth;
(d) nationality;
(e) any special physical
characteristics that may assist identification;
(f) digital or original
photograph; and
(g) signature.
8.
Notwithstanding paragraph 7 above, a template or other representation of a
biometric of the holder which meets the specification provided for in Annex I
shall also be required for inclusion in the seafarers' identity document,
provided that the following preconditions are satisfied:
(a) the biometric can be
captured without any invasion of privacy of the persons concerned, discomfort
to them, risk to their health or offence against their dignity;
(b) the biometric shall
itself be visible on the document and it shall not be possible to reconstitute
it from the template or other representation;
(c) the equipment needed for
the provision and verification of the biometric is user-friendly and is
generally accessible to governments at low cost;
(d) the equipment for the
verification of the biometric can be conveniently and reliably operated in
ports and in other places, including on board ship, where verification of
identity is normally carried out by the competent authorities; and
(e) the system in which the
biometric is to be used (including the equipment, technologies and procedures
for use) provides results that are uniform and reliable for the authentication
of identity.
9.
All data concerning the seafarer that are recorded on the document shall be
visible. Seafarers shall have convenient access to machines enabling them to inspect
any data concerning them that is not eye-readable. Such access shall be
provided by or on behalf of the issuing authority.
10.
The content and form of the seafarers' identity document shall take into
account the relevant international standards cited in Annex I.
Article 4.
NATIONAL ELECTRONIC DATABASE
1.
Each Member shall ensure that a record of each seafarers' identity document
issued, suspended or withdrawn by it is stored in an electronic database. The
necessary measures shall be taken to secure the database from interference or
unauthorized access.
2.
The information contained in the record shall be restricted to details which
are essential for the purposes of verifying a seafarers' identity document or
the status of a seafarer and which are consistent with the seafarer's right to
privacy and which meet all applicable data protection requirements. The details
are set out in Annex II hereto, which may be amended in the manner provided for
in Article 8 below, taking account of the need to give Members sufficient time
to make any necessary revisions of their national database systems.
3.
Each Member shall put in place procedures which will enable any seafarer to
whom it has issued a seafarers' identity document to examine and check the
validity of all the data held or stored in the electronic database which relate
to that individual and to provide for correction if necessary, at no cost to
the seafarer concerned.
4.
Each Member shall designate a permanent focal point for responding to
inquiries, from the immigration or other competent authorities of all Members
of the Organization, concerning the authenticity and validity of the seafarers'
identity document issued by its authority. Details of the permanent focal point
shall be communicated to the International Labour Office, and the Office shall
maintain a list which shall be communicated to all Members of the Organization.
5.
The details referred to in paragraph 2 above shall at all times be immediately
accessible to the immigration or other competent authorities in member States
of the Organization, either electronically or through the focal point referred
to in paragraph 4 above.
6.
For the purposes of this Convention, appropriate restrictions shall be
established to ensure that no data - in particular, photographs - are
exchanged, unless a mechanism is in place to ensure that applicable data
protection and privacy standards are adhered to.
7.
Members shall ensure that the personal data on the electronic database shall
not be used for any purpose other than verification of the seafarers' identity
document.
Article 5.
QUALITY CONTROL AND EVALUATIONS
1.
Minimum requirements concerning processes and procedures for the issue of
seafarers' identity documents, including quality-control procedures, are set
out in Annex III to this Convention. These minimum requirements establish
mandatory results that must be achieved by each Member in the administration of
its system for issuance of seafarers' identity documents.
2.
Processes and procedures shall be in place to ensure the necessary security
for:
(a) the production and
delivery of blank seafarers' identity documents;
(b) the custody, handling
and accountability for blank and completed seafarers' identity documents;
(c) the processing of
applications, the completion of the blank seafarers' identity documents into
personalized seafarers' identity documents by the authority and unit
responsible for issuing them and the delivery of the seafarers' identity
documents;
(d) the operation and
maintenance of the database; and
(e) the quality control of
procedures and periodic evaluations.
3.
Subject to paragraph 2 above, Annex III may be amended in the manner provided
for in Article 8, taking account of the need to give Members sufficient time to
make any necessary revisions to their processes and procedures.
4.
Each Member shall carry out an independent evaluation of the administration of
its system for issuing seafarers' identity documents, including quality-control
procedures, at least every five years. Reports on such evaluations, subject to
the removal of any confidential material, shall be provided to the
Director-General of the International Labour Office with a copy to the
representative organizations of shipowners and seafarers in the Member concerned.
This reporting requirement shall be without prejudice to the obligations of
Members under article 22 of the Constitution of the International Labour
Organisation.
5.
The International Labour Office shall make these evaluation reports available
to Members. Any disclosure, other than those authorized by this Convention,
shall require the consent of the reporting Member.
6.
The Governing Body of the International Labour Office, acting on the basis of
all relevant information in accordance with arrangements made by it, shall
approve a list of Members which fully meet the minimum requirements referred to
in paragraph 1 above.
7.
The list must be available to Members of the Organization at all times and be
updated as appropriate information is received. In particular, Members shall be
promptly notified where the inclusion of any Member on the list is contested on
solid grounds in the framework of the procedures referred to in paragraph 8.
8.
In accordance with procedures established by the Governing Body, provision
shall be made for Members which have been or may be excluded from the list, as
well as interested governments of ratifying Members and representative
shipowners' and seafarers' organizations, to make their views known to the
Governing Body, in accordance with the arrangements referred to above and to
have any disagreements fairly and impartially settled in a timely manner.
9.
The recognition of seafarers' identity documents issued by a Member is subject
to its compliance with the minimum requirements referred to in paragraph 1
above.
Article 6.
FACILITATION OF SHORE LEAVE AND TRANSIT AND TRANSFER OF SEAFARERS
1.
Any seafarer who holds a valid seafarers' identity document issued in
accordance with the provisions of this Convention by a Member for which the
Convention is in force shall be recognized as a seafarer within the meaning of
the Convention unless clear grounds exist for doubting the authenticity of the
seafarers' identity document.
2.
The verification and any related inquiries and formalities needed to ensure
that the seafarer for whom entry is requested pursuant to paragraphs 3 to 6 or
7 to 9 below is the holder of a seafarers' identity document issued in
accordance with the requirements of this Convention shall be at no cost to the
seafarers or shipowners.
3.
Verification and any related inquiries and formalities referred to in paragraph
2 above shall be carried out in the shortest possible time provided that
reasonable advance notice of the holder's arrival was received by the competent
authorities. The notice of the holder's arrival shall include the details
specified in section 1 of Annex II.
4.
Each Member for which this Convention is in force shall, in the shortest
possible time, and unless clear grounds exist for doubting the authenticity of
the seafarers' identity document, permit the entry into its territory of a
seafarer holding a valid seafarer's identity document, when entry is requested
for temporary shore leave while the ship is in port.
5.
Such entry shall be allowed provided that the formalities on arrival of the
ship have been fulfilled and the competent authorities have no reason to refuse
permission to come ashore on grounds of public health, public safety, public
order or national security.
6.
For the purpose of shore leave seafarers shall not be required to hold a visa.
Any Member which is not in a position to fully implement this requirement shall
ensure that its laws and regulations or practice provide arrangements that are
substantially equivalent.
7.
Each Member for which this Convention is in force shall, in the shortest
possible time, also permit the entry into its territory of seafarers holding a
valid seafarers' identity document supplemented by a passport, when entry is
requested for the purpose of:
(a) joining their ship or
transferring to another ship;
(b) passing in transit to
join their ship in another country or for repatriation; or any other purpose
approved by the authorities of the Member concerned.
8.
Such entry shall be allowed unless clear grounds exist for doubting the
authenticity of the seafarers' identity document, provided that the competent
authorities have no reason to refuse entry on grounds of public health, public
safety, public order or national security.
9.
Any Member may, before permitting entry into its territory for one of the
purposes specified in paragraph 7 above, require satisfactory evidence,
including documentary evidence of a seafarer's intention and ability to carry
out that intention. The Member may also limit the seafarer's stay to a period
considered reasonable for the purpose in question.
Article 7.
CONTINUOUS POSSESSION AND WITHDRAWAL
1.
The seafarers' identity document shall remain in the seafarer's possession at
all times, except when it is held for safekeeping by the master of the ship
concerned, with the seafarer's written consent.
2.
The seafarers' identity document shall be promptly withdrawn by the issuing
State if it is ascertained that the seafarer no longer meets the conditions for
its issue under this Convention. Procedures for suspending or withdrawing
seafarers' identity documents shall be drawn up in consultation with the
representative shipowners' and seafarers' organizations and shall include
procedures for administrative appeal.
Article 8.
AMENDMENT OF THE ANNEXES
1.
Subject to the relevant provisions of this Convention, amendments to the
Annexes may be made by the International Labour Conference, acting on the
advice of a duly constituted tripartite maritime body of the International
Labour Organization. The decision shall require a majority of two-thirds of the
votes cast by the delegates present at the Conference, including at least half
the Members that have ratified this Convention.
2.
Any Member that has ratified this Convention may give written notice to the
Director-General within six months of the date of the adoption of such an
amendment that it shall not enter into force for that Member, or shall only
enter into force at a later date upon subsequent written notification.
Article 9.
TRANSITIONAL PROVISION
Any
Member which is a party to the Seafarers' Identity Documents Convention, 1958,
and which is taking measures, in accordance with article 19 of the Constitution
of the International Labour Organisation, with a view to ratification of this
Convention may notify the Director-General of its intention to apply the
present Convention provisionally. A seafarers' identity document issued by such
a Member shall be treated for the purposes of this Convention as a seafarers'
identity document issued under it provided that the requirements of Articles 2
to 5 of this Convention are fulfilled and that the Member concerned accepts
seafarers' identity documents issued under this Convention.
This
Convention revises the Seafarers' Identity Documents Convention, 1958.