Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre los documentos de identidad de la gente de mar, 1958 (núm. 108) - Polonia (Ratificación : 1993)

Article 5 of the Convention. Admission to territory. The Committee takes note of the Government’s indication in its report regarding the adoption of the Act of 5 August 2015 on Maritime Labour (hereinafter referred to as “the Maritime Labour Act”). The Committee notes that section 7(2) of this Act permits a Polish citizen to re-enter the country with his seaman’s book within 12 months from its expiry. It notes, however, that this permission is limited to Polish seafarers. The Committee recalls that Article 5 of the Convention allows readmission into the territory for any seafarer holding a seafarers’ identity document – either valid or for at least one year after its expiry date – issued by the competent authority of that territory. The Committee requests the Government to indicate if seafarers’ identity documents are issued to foreign seafarers and, if that is the case, to explain how it ensures that foreign seafarers may return to Poland on expired Polish seaman’s books.

Article 6. Right to shore leave. The Committee notes that there are no provisions in the national legislation ensuring the seafarer’s right to entry for temporary shore leave while the ship is in port, or when it is requested for: (i) joining the ship or transferring to another ship; (ii) passing in transit to join the ship in another country or for repatriation; or (iii) for any other purpose approved by the authorities, which are requirements of Article 6 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

The Committee further recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.