Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Seafarers' Identity Documents Convention, 1958 (No. 108) - Gibraltar

Articles 2, 5 and 6 of the Convention. Seafarer’s identity document – Right of re-admission and entry. The Committee notes that, according to the Guidance Brochure 2, issued by the Gibraltar Maritime Administration in June 2010, every seafarer employed on a Gibraltar-registered ship must have at least two different identity documents; one of them must be a valid passport, and the other may be a seafarer’s identity document or a discharge certificate (record of sea service) issued by Gibraltar or the country of the seafarer’s nationality. In addition, the Committee notes the Government’s indication in an earlier report that with respect to the seafarer’s right to entry, the time limit and evidence required is at the discretion of the Immigration Department. While noting section 50 of the Gibraltar Merchant Shipping (Safety, etc.) Ordinance, 1993, the Committee asks the Government to explain in detail the state of law and practice in relation to the issuance of seafarer’s identity documents and to transmit copies of any relevant laws or regulations implementing the specific requirements of Articles 5 and 6 of the Convention. The Committee would also appreciate if the Government would indicate whether the Standing Order (International Labour Convention No. 108 – Seafarers’ Identity Documents) of 3 September 1971 is still in effect.

Part V of the report form. Practical application. The Committee would be grateful if the Government would 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 services entrusted with the enforcement of the relevant laws and regulations, and a specimen copy of the seafarer’s identity document currently in use.

Finally, the Committee notes the Government’s indication that the Gibraltar Maritime Administration is fully committed to the preparation and implementation of the Maritime Labour Convention, 2006 (MLC, 2006), and that to divert the resources needed to address issues of the present Convention in detail would seriously jeopardize the preparation and implementation of the MLC, 2006, being achieved by the due date. In this regard, the Committee draws the Government’s attention to the fact that the present Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which was adopted for the purpose of enhancing port and border security, while at the same time facilitating the seafarers’ right to shore leave, through the establishment of a more secure and globally uniform seafarers’ identity document. The Committee therefore requests the Government to consider the possibility of aligning the relevant legislation with the standards set out in Convention No. 185 and to keep the Office informed of any steps taken in this direction.