Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Montenegro 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 understands that no steps have so far been taken by the Government for the implementation of the specific provisions of the Convention concerning the issuance and verification of SIDs. 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 dramatically 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 will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended, taking into account the issues raised below. 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 the Government’s information that the Law on Maritime Safety Navigation (Official Gazette of Montenegro, No. 62/2013, 6/2014, 47/2015 and 71/2017) uses the term seafarer in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) and the Maritime Labour Convention, 2006, as amended (MLC, 2006). In this regard, the Committee refers to its comments on the application by Montenegro of Articles II, paragraphs 1(f), 2 and 3, MLC, 2006 on the definition of seafarer.Noting the Government’s indication that compliance with Convention will be ensured through amending the Law on Maritime Safety Navigation, the Committee requests the Government to provide information on how it ensures that the protection afforded by the Convention is guaranteed to all seafarers as defined under its Article 1.

Article 1, paragraph 3. Application to commercial maritime fishing. The Committee notes the Government’s information that during the amendment process of the Law on Maritime Safety Navigation, it will be determined whether the provisions of the Convention will apply to commercial maritime fishing.The Committee requests the Government to provide information on any developments in this regard.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee notes the Government’s statement that by amending the Law on Maritime Safety Navigation, it will ensure compliance with Article 6. The Committee recalls that Article 6provides that each Member for which the Convention is in force shall permit the entry into its territory of a seafarer holding a valid SID in conformity with the Convention, either for temporary shore leave (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)).In the framework of the process of amendment of the Law on Maritime Safety Navigation, the Committee requests the Government to provide detailed information on how it ensures compliance with Article 6 of the Convention.

Article 7. Continuous possession and withdrawal. The Committee notes the absence of information in this regard. The Committee recalls that under Article 7(1), the SID shall remain in the seafarers’ possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarers’ written consent. Article 7(2) provides that the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under the Convention. Procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal.The Committee requests the Government to provide detailed information on how it ensures compliance with Article 7 of the Convention.