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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Jordan 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 Organisation (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 SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.The Committee notes that no steps have so far been taken by the Government to implement the provisions of the Convention, as amended. 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. The Committee notes that these problems have profoundly increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government in the near future will adopt the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. 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 Office technical assistance.
Article 1, paragraphs 1 and 2 of the Convention. Scope of application. The Committee notes that sections 2 of Regulations of 2003 on Standards of Training, Certification and Watch keeping for Seafarers (Resolution No. 1) provides that seafarer means “any person working on board a vessel of all ranks or categories” and seaman means “a member of the ship’s crew other than the master or an officer”. The Committee further notes that section 131 of the Jordanian Maritime Commercial Law of 6 May 1972 (JMCL) provides that seaman is “any person employed on board a ship to undertake a sea voyage”. The Committee recalls that under Article 1(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. Referring to its comments under article II of the MLC, 2006, the Committee requests the Government to ensure that all seafarers can benefit from the protection provided by Convention No. 185.
Articles 2 to 7. Seafarers’ identity documents (SIDs). Implementation. The Committee notes the detailed information provided by the Government in its report concerning the issuance of seafarers’ book to facilitate the movement of seafarers abroad and authenticate seafarers’ maritime service. The Committee notes, however, that seafarers’ book do not conform to the requirements of the Convention. The Committee accordingly requests the Government to adopt the necessary measures to issue SIDs in conformity with the requirements of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2–7 of the Convention. Seafarers’ identity documents. The Committee notes the information contained in the Government’s report on the application of the Convention, in particular the Government’s indication that seafarers’ identity documents (SID) cannot be read electronically at present. It also understands that no national electronic database has as yet been established for recording seafarers’ identity documents issued, nor have processes and procedures been put in place for carrying out quality control and evaluations of the SID issuing, management and verification systems.

The Committee is fully cognizant of the fact that ratifying countries may need a few years to put in place the facilities and systems necessary for the issuance of seafarers’ identity documents, especially in view of the highly technical character of certain requirements and recommended procedures. The Committee further understands that, at the initial stage, it may only be able to make a preliminary assessment of the extent to which Members ratifying the Convention have established the necessary facilities and systems. It therefore encourages the Government to pursue its action with a view to adopting the necessary implementing legislation and recalls that the Government may, if it so wishes, avail itself of the advisory services of the Office in drafting new laws or regulations.

The Committee accordingly requests the Government to supply copies of all relevant texts as soon as they are adopted, detailed information on the procedures for setting up and operating a national electronic database and conducting quality control and periodic evaluations, as well as a specimen (not a photocopy) seafarer’s identity document. It also requests the Government to provide a copy of the Maritime Trade Act, to which reference was made in the Government’s report.

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