Seafarers' Identity Documents Convention, 1958 (No. 108) - Estonia (Ratification: 1996)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5(2) of the Convention. Readmission to the territory after expiry of the identity document. The Committee notes the Government’s indication, in response to its previous comment, that Regulation on border control in connection with control of vessel traffic of 26 December 2013 establishes that a seafarer shall be readmitted to the territory of Estonia during a period of at least one year after the date of expiry indicated in the relevant identity document. It notes, however, that the Government did not provide a copy of such document. The Committee accordingly requests the Government to provide a copy of the Regulation on border control in connection with control of vessel traffic of 26 December 2013.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report contains no reply to its previous comments and that the relevant legislation remains unchanged. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 5, paragraph 2, of the Convention. Readmission to the territory after expiry of the identity document. The Committee noted in its previous comments that, under section 34 of the Identity Documents Act, the period of validity of the foreign seafarers’ identity document may be of up to five years but must not, under any circumstances, exceed the period of validity of the residence permit issued. The Committee recalls that, pursuant to this provision of the Convention, seafarers shall be readmitted to the territory of the State that issued them with their identity document during a period of at least one year after any date of expiry indicated in the said document. Consequently, the Committee once again requests the Government to indicate whether specific texts giving effect to this requirement exist. Should this not be the case, it requests the Government to take the measures necessary to amend the legislation and practice so as to bring them into conformity with the Convention.

The Committee invites the Government to envisage ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which would entail the automatic denunciation of the present Convention and would put an end to the current situation of non-application of the present Convention. It asks the Government to keep the Office informed of any new developments in the field and of any progress achieved towards the ratification of Convention No. 185.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the adoption of Regulation No. 361 of 26 November 2002, relating to the documents and information that must be provided when applying for identity documents, including the seaman’s discharge book, and the adoption of Ministry of the Interior Regulation No. 129 of 11 December 2002 concerning the establishment of standard formats for application forms to be filled out when applying for these documents. It wishes however to bring the Government’s attention to the following points.

Article 5, paragraph 2, of the Convention. Readmission to the territory after the date of expiry of the identity document. The Committee noted in its previous comments that, under section 34 of the Identity Documents Act, the period of validity of the foreign seafarers’ identity document may be of up to five years but must not, under any circumstances, exceed the period of validity of the residence permit issued. The Committee recalls that, pursuant to this provision of the Convention, any seafarer shall be readmitted to the territory of the State that issued him with his identity document during a period of at least one year after any date of expiry indicated in the said document. Consequently, the Committee once again requests the Government to indicate whether specific texts exist giving effect to this requirement. Should this not prove to be the case, it requests the Government to take the measures necessary to amend the legislation and practice so as to bring them into conformity with the Convention.

Part VI of the report form. The Committee requests the Government to indicate, in its next report, whether courts of law or other tribunals have given decisions relating to the application of the Convention. Should this be the case, it requests the Government to provide the text of these decisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s reports and requests the Government to provide further information on the following points.

Article 2 of the Convention (entitlement to the document).The Committee requests the Government to indicate any categories of crew members on ships engaged in maritime navigation who are excluded from the scope of the Convention.

Article 3 (continuous possession of the identity document).The Committee requests the Government to indicate the texts giving effect to this provision of the Convention.

Article 5 (right of return).The Committee notes that Estonia issues the seafarers’ identity document to resident aliens and, pursuant to the Identity Documents Act, Chapter 7, section 34, "the period of validity shall not exceed the period of validity of the residence permit issued to the alien". In that regard, the Committee requests the Government to indicate the texts giving effect to the requirement under Article 5, paragraph 2, of the Convention that the seafarer shall be readmitted during a period of at least one year after any date of expiry indicated in the document.

Part V of the report form.The Committee requests the Government to provide statistical information concerning the number of seafarers’ identity documents issued annually to national and foreign seafarers.