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Promotion of the Seafarers’ Identity Documents Convention (Revised), 2003 (No.

185) i
As of 30 January 2008

Preliminary Draft Working Document

Member States
Afghanistan Albania

ii

Submission to national parliaments/ratification of C.185
Submission on 18.04.07. Ratification on 11.10.07.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Algeria (Sources: correspondence concerning submission; Ministry of Transport’s letter of 6.03.07) Armenia

Submission on 4.05.05. C.108 ratified.

National assessment with a view to implementation and determination of an interoperable standard. Agreed to recognize Seafarers’ Identity Documents (SIDs) issued under C.185 on the condition of reciprocity.

Submission on 25.05.07 (further information requested on content of the decision taken with regard to ratification).

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Issues identified: 1. Convention did not satisfy national visa requirements as it did not establish a link between the holders and the ship on which they are employed; 2. Requirement for a national database together with equipment to read biometric information would require additional resources as there is no system of ‘pooled labour’ for seafarers in Australia.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 30.11.04. Australia General position: Decision to ratify deferred until the Convention is widely accepted internationally.

Submission on 01.06.05. Austria Ratification 17.07.06. Azerbaijan SID model submitted to the ILO for advice by the State Maritime Administration. ILO’s advice given on 27.04.07.

Bahamas Barbados

Ratification on 14.12.06. Submission on 20.04.04 C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185
Submission on 06.02.04.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Belarus

C.108 ratified. Translation: It appears that the detailed submission document and/or the Convention text have been translated into Dutch. Issues identified: The Government recalled that C.108 had not been ratified, as its application would have required modification of national legislation on the police of foreigners and conditions of entry of foreigners into Belgium. There were, however, no specific insurmountable legal or technical problems as regards the SID production or issuance under C.185. Formal ILO authorization for translation into national language required.

Submission on 17.02.06 (with detailed comments explaining each Article of C.185). General Position: The Government indicated that there was no fundamental objection as to the ratification of C.185 and it was under consideration by the competent authorities. The Parliament noted the instrument. The workers' and employers' organizations supported the objectives of C.185. (Source: letter of 9.10.06)

Belgium

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Possible follow-up action required

Benin (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07) Submission on 16.06.04. Submission on 26.04.05. General position: Government indicated that the competent authorities would examine the possibility of ratifying the Conventions. The Office has received some preliminary information on the submission of the Convention to competent authorities. Further clarification will be requested.

Bolivia

Bosnia and Herzegovina

Member States

Submission to national parliaments/ratification of C.185
Submission on 1.02.07. C.108 ratified. General position: Convention currently before the Committee on the Constitution and Justice in the Chamber of Deputies. Ratification expected within a year (Source: information given by Government representative to Committee on the Application of Standards, 96th session of International Labour Conference, 2007). Draft Legislative Decree No. 293/07 approving C.185 with a view to its ratification and entry into force in Brazil has been unanimously approved on 2.10.07 by the Committee on the Constitution and Justice in the Chamber of Deputies (Source: email exchange of 3.10.07). Submission on 16.06.04.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Brazil

Bulgaria

C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185
Submission on 19.10.06 (with a brief explanation of the requirements of C.185) General position: The Government considered that it would be inappropriate to ratify C.185, since Burundi was not a maritime country.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Burundi

Canada (Source: exchange of correspondence with the Government; Ministry of Transport’s letter of 25.04.07)

C.108 ratified.

Canada has the capacity to issue C.185-compliant SIDs for Canadian seafarers. SIDs issued under C.108 will be modernized (credit card-sized, digital photograph, barcode containing identity information, fingerprint template). Issues identified: Further analysis and consultations required before Canada can recognize foreign SIDs.

Request from the Citizenship and Immigration Canada for information as to the meaning of certain provisions of the Convention, transmitted on 1.12.03. Reply from the ILO on 9.01.04

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

China

Submission on 11.05.04

Costa Rica

Submission on 01.09.04. Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Côte d’Ivoire (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

No submission.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Request for information on technological requirements as well as national system and infrastructures to be established under the Convention. (Source: Ministry of Labour’s letter of 18.04.07) ILO ’s reply of 4.05.07.

MS availability to international/regional cooperation

Possible follow-up action required

Submission. General position: The Government indicated that the National Assembly endorsed the decisions of the State Council and the Council of Ministers. C.108 ratified. Cuba The Government asserted that the possession of a SID issued in full conformity with C.185 is a significant element that is taken into consideration in the country’s decision whether or not to grant foreign seafarers admission to its territory for temporary shore leave or other purposes specified in C.185.

Cyprus (Source: letter of 27.09.07)

General position: Department of Merchant Shipping of the Ministry of Communications and Works indicated that it is committed to ratifying the Convention at the earliest possible opportunity. Submission on 9.07.04.

Czech Republic

C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Translation: C.185 has been translated into Danish (except Annexes I and III but including ILC discussion). Recognition of SIDs issued under C.185. The government indicated that with a view to ratifying the Convention, the relevant national legislation had been amended and the Government had initiated a project to develop SIDs in light of the provisions of the Convention (Source: letter of 17.08.04).

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 31.12.03. General position: Positive view of the Convention but no final position has been taken in this respect (elements to be taken into account: financial implications; social partners’ views; ratification of the Convention by Member States where Danish flag ships have many port calls). C.108 ratified. Submission on 03.11.04. General position: The Government considered that for the moment it did not appear appropriate to ratify C.185.

Formal ILO authorization for translation into national language required.

Denmark (Source: Danish Maritime authority’s letter of 25.04.07)

Dominican Republic

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Workshop has been jointly organized by the Ministry of Manpower and Migration and the ILO. Government expressed the need for financial and technical assistance of the ILO concerning the possible implementation of C.185.

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 10.12.03. General position: The Government indicated that a full financial assessment will be made before any possible ratification of C.185. National Tripartite Workshop on “Promoting the MLC and C.185 in Egypt” has taken place in Alexandria from 2 to 5 September 2007.

Egypt (Source: Report on mission to Alexandria, 1-6.09.07)

Submission on 14.09.04. General position: Ratification once the technical and economic problems have been solved. Eritrea Submission on 07.04.05. General position: Not ready to ratify the Convention. C.108 ratified. Estonia

Issues identified: Technological capacity of the country to issue the SID that fulfils all the technical requirements of the Convention and to install the necessary equipment. Issues identified: 1) Serious problems in connection with implementation of interoperable biometric recognition system and biometric data records. 2) Concern about the difference of approaches between the ILO and ICAO standards.

Request for interpretation, submitted on 31.10.06 (Validity of SIDs issued under C.108, when the ipso jure denunciation of that convention, because of the ratification of C.185, takes effect). ILO ’s reply of 20.03.07

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Issues identified: 1) The subject-matter of the Convention was partially within the exclusive competence of the European Union. 2) Incompatibility of the SID prescribed by the Convention with the Finnish seafarers’ identity document in force as well as with the national legislation concerning the protection of personal data. 3) Difference of approach concerning the biometric standard to be used under the Convention and that used by ICAO. Costly investment in equipment would be required for the relevant authorities that would handle the practical control at the borders.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Finland Submission on 08.10.04. General position: Ratification not forthcoming in the immediate future. C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Question of providing assistance in the implementation of C.185 to Madagascar has been raised with the French embassy on the occasion of the Tripartite Workshop on ILS in the maritime, ports and fishing sectors (Antananarivo, 12/07). Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study. (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

Possible follow-up action required

Follow-up required as regards assistance to Madagascar.

Ratification on 27.04.2004. France Submission in 2005. The Committee of Experts has invited the Government to report on the Parliament’s decision (Source: CEACR Observations of 2005 and 2006). General position: Positive view of the Convention. Department of Labour is aware of the importance of C.185 for the welfare of seafarers (Source: letter of 3.05.07).

Gabon

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Possible follow-up action required

Gambia (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

No submission. Submission on 26.01.04. General position: The Government indicated that it had started examining the question as to whether the ratification of C.185 could be proposed to the legislative bodies. Information has been requested by the ILO regarding the proposals tabled by the Government and the decisions taken by the Federal Parliament with regard to C.185 (Source: letter of 12.03.2004).

Germany

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Possible follow-up action required

Ghana (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

No submission. Submission on 24.08.04. General position: The submission document apparently included proposals and developments in relation to C.185. Re ratification, Greece will follow relevant developments within EU. Essential aspects to be taken into account: benefit from enforcement should override implementation costs, and Convention should be ratified by major port States (Source: letter of 4.07.07). C.108 ratified.

The submission document apparently included a description of the relevant national legislation in force.

Greece

Member States
Grenada (Source: letter of 13.04.07 from the Ministry of Education and Labour)

Submission to national parliaments/ratification of C.185
Instrument to be tabled in Parliament shortly. C.108 ratified. Submission on 13.05.04. General position: Information has been requested by the ILO regarding the decisions taken by parliament with regard to C.185 (Source: letter of 7.06.2004).

National action undertaken towards ratification and effective implementation and issues identified.
Tripartite consultations: Tripartite consultations on the Convention held at meetings of the Labour Advisory Board.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Guatemala

C.108 ratified. Submission on 20.10.05.

Guyana

C.108 ratified. Submission on 19.01.04. Assistance provided to design a system for the issuance and the record of SIDs.

Honduras Hungary

C.108 ratified. Ratification on 30.03.05. Submission on 23.02.05.

Iceland

C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Request for advice on the biometric aspect of the Convention (e-mail of 4.02.04).

MS availability to international/regional cooperation

Possible follow-up action required

India

Submission on 26.08.04

Member States

Submission to national parliaments/ratification of C.185
Submission on 06.12.04 (with comments on the background of C.185 and ILO activities following adoption, such as tests etc.) General Position: The Government indicated that it intended to ratify C.185, and that it worked together with the social partners to expedite the process for discussion in parliament. Steps taken to submit instrument of ratification to parliament and obtain swift discussion (Source: mission report of August 2007). Secretary General of Manpower and Transmigration Department said that in early 2008 the House will have probably put into effect the SID Ratification Decree. The President has sent a letter re Draft Bill on the Ratification of the Convention. The House has formed a special committee to discuss the Bill (Source: Indonesian press “Tempo Interactive” 11/2007)

National action undertaken towards ratification and effective implementation and issues identified.
Tripartite consultations: At a tripartite meeting on 14.10.04, it was agreed to ratify C.185. The Government was urged to take the necessary measures to that end (financial resources required, analysis of the Convention, inter-sectoral and operational management, interregional and central-region working mechanism and inventory of technical assistance needed). With a view to ratification, Indonesia has approved 9 centres for verification of SIDs. The centres will be established at the ports of Tanjung Priok, Belawan, Tanjung Emas, Tanjung Perak, Balikpapan, Makassar, Bitung and Sorong (Source: Fairplay). Technical system for the issuance of SIDs has been set up and is ready to run (Source: mission report of August 2007).

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

The Government is in the process of identifying issues that may require ILO assistance and cooperation. ILO technical mission (20-26.08.07) with a view to promoting ratification of C.185.

Indonesia has received $ 400,000 from the US to set up centres to process seafarers’ ID. The cost is likely to exceed $1M (Source: Fairplay).

Indonesia (Sources: letters of 14.10.2004 and 10.12.2004).

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Request for clarification from the Ministry of Roads and Transportation, in a letter of 4.11.06 (seaman’s book issued under C.108 to the spouse and children accompanying the seafarer holding an SID under that convention; what is the legal position under C.185?). ILO’s reply of 14.12.06.

MS availability to international/regional cooperation

Possible follow-up action required

Iran, Islamic Republic of Iran

C.108 ratified.

Ireland (Source: letter of 2.03.07 from the Department of Transport) C.108 ratified. Recognition of SIDs issued under C.185 under consideration; a further letter will be sent to the ILO.

Member States

Submission to national parliaments/ratification of C.185
Submission on 29.04.04. General position: The submission document included a memorandum stating the intentions of the Government as to the action to be taken and authorizing the authorities concerned to examine the possibility of ratifying C.185. Information had been requested as to the intention of the Government re C.185; the Government responded that it is still examining the issue (Source: letter of 4.04.2007).

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Israel

Member States

Submission to national parliaments/ratification of C.185
Submission. C.108 ratified. General position: Information has been requested regarding the date of submission and the proposals tabled by the Government with regard to C.185. The Working Group, which was set up to examine technical and legal implications of C.185, recommended on 7 April 2006 not to ratify the Convention, due to various technical, security and data protection issues. The Government therefore considered that it would be inappropriate to ratify C.185 (Source: letter of 14.06.07). Submission on 12.04.05. Submission on 04.06.04. Ratification on 09.08.04.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Tripartite Consultations: On 1 February 2006, the tripartite Committee set up for the purposes of C.144 has examined the possibility of ratifying this Convention (Source: Art. 22 report under C.144). Reluctance to unilaterally recognize SIDs issued under the non-ratified C.185 (Source: letter of 14.06.07).

Italy (Source: letters of 2.11.04 and 14.06.07). Jamaica Japan Jordan

Member States

Submission to national parliaments/ratification of C.185
General position: Government indicated that the ratification procedure for, inter alia, C.185 would be initiated (Source: information given on 18.10.07 by 1st Secretary of Permanent Mission). Ratification on 04.04.07.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Kazakhstan

Korea, Republic of (informal source)

Equipment has already been set up in 12 major port authorities. Technical training provided to personnel in charge of issuing the document. SIDs issued under C.185 by other countries cannot be recognized, as Latvia has not ratified C.185 and national legislation is not in compliance therewith.

Government wishes the ILO to verify the samples of SID before their issuance. Formal request will soon be made to that effect.

Submission on 4.06.04. Latvia (Source: Ministry of Transport’s letter of 24.04.07) C.108 ratified. General position: No ratification planned in the nearest future.

Member States

Submission to national parliaments/ratification of C.185
Submission on 07.10.04 (with detailed comments explaining each Article of C.185).

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Lebanon

General position: The Ministry of Public Works and Transport expressed its approval concerning the provisions of C.185. The General Directorate of Internal Security Forces and the Ministry of Public Health indicated that it saw no inconvenience in ratifying C.185. The Ministry of Labour considered that the examination of the ratification of C.185 should be deferred for the moment, as broader consultations with the ministries concerned were necessary to clarify certain points. Submission (further information has been requested on the content of the decision taken with regard to ratification). Submission on 14.10.04. C.108 ratified. Declaration of provisional application (Article 9) on 14.08.2006.

National legislation does not contain any specific text relating to C.185. Currently, an identity document known as «document de voyage maritime» is issued by the Ministry of Public Works and Transport.

Lesotho

Lithuania

Member States

Submission to national parliaments/ratification of C.185
Submission on 01.10.04 (with comments explaining the objectives and content of C.185). General position: The Ministry of Labour took the view that a new SID would substantially contribute to enhancing international security. On the other hand, a Working Group on Biometrics did not recommend the ratification of C.185 in view of the particular context of the country. At a coordination meeting of the Benelux partners on C.185, it was noted with interest that different approaches had been established. On the basis of these developments, a consultation with the other ministries concerned was initiated. In view of the positions expressed, the Government reserved its right to resubmit the question of the ratification of C.185 to the social partners. C.108 ratified.

National action undertaken towards ratification and effective implementation and issues identified.
Issues identified: For the moment, Luxembourg issues SIDs in conformity with C.108 to all maritime personnel on ships flying its flag regardless of nationality. Since it has no or very few national or resident seafarers, under C.185, it would no longer issue SIDs. Moreover, the format of biometric passports issued in Luxembourg is different than that prescribed by the C.185. A premature ratification of the Convention prior to its application by a majority of States would result in having seafarers on board ships flying the flag of Luxembourg no longer holding SIDs. This situation is considered to be counterproductive by the national authorities.
Ongoing consultations with relevant departments re recognition of SIDs issued under C.185.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Luxembourg
(Source: letter of 15.05.2007)

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
The Government will soon send a request for technical assistance concerning the effective implementation of the Convention. (Source: meeting with the delegation of Madagascar to the 96th session of the ILC)

MS availability to international/regional cooperation
Question of providing assistance in the implementation of C.185 to Madagascar has been raised with the French embassy on the occasion of the Tripartite Workshop on ILS in the maritime, ports and fishing sectors (Antananarivo, 12/07).

Possible follow-up action required

Madagascar

Ratification on 6.06.07.

Malawi Malaysia Mali

Submission on 26.07.06 Submission on 20.10.03 Submission on 06.06.06 Submission on 28.03.07 to the Minister of Education, Youth and Employment for presentation to the House of Representatives. Further information has been requested on the content of the decision taken with regard to ratification. C.108 ratified. Malta is looking at joining other countries’ databases. The cost of a national system would be too high given the size of the country and the limited number of seafarers. Cooperation with the UK and Norway is being developed to that end. (Source: Report of the European regional tripartite seminar on the MLC, 19-21.09.06, Bulgaria).

Malta

Mauritania

Submission on 05.05.2004.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Plan of action, adopted by the participants in the National Tripartite Seminar, recommended in particular: 1) an allocation of responsibilities between national administrations in connection with the Convention; 2) a feasibility study to design a system appropriate to the needs of the country; 3) the application of Article 9 of the Convention.

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 6.04.05. Mauritius (Sources: exchange of correspondence with the government before and after the National Tripartite Seminar on the MLC in January 2007, documents relating to the seminar) General position: The Tripartite National seminar on the MLC (10-12.01.07) recommended the ratification. C.108 ratified.

Inter-ministerial Committee set up to examine the Convention. Session dedicated to C.185 within the framework of the Tripartite National seminar on the MLC.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Issues identified: 1) Incompatibility of the provisions of the Convention (and in particular its Articles 2(3) and 6(6)) with the national legislation and in particular the national consular and migrant legislation (no guarantee of entry into the territory for SID holders). 2) The existing “Libreta de Identidad Marítima” is not in conformity with Articles 2(1), 3 and 5(1) of C.185 and the SID model in Annex I.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 30.11.04. Mexico (Source: letter of 19.04.05). General position: The employers' organization CONCAMIN was of the opinion that it would not be appropriate to ratify C.185. Decision of the Federal Congress not to approve ratification of C.185 C.108 ratified. Ratification on 28.08.06. Moldova, Republic of Submission on 06.09.04. C.108 ratified. Morocco

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Government indicated that the Department of Marine Administration had initiated the shift to SIDs in accordance with the provisions of C.185. In addition, preparations had been made to amend the Merchant Shipping Act to reflect the provisions of C.185 in the near future.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 24.02.04. Myanmar Netherlands Submission on 22.12.04 Submission on 13.10.04 (including a summary of the background and requirements of C.185) New Zealand General position: No proposals were tabled. The Government supported the principles of C.185 and the use of SID as an additional document of identification not as an alternative travel document. The implications of ratifying C.185 would need to be considered against current law, policy and practice.

Member States

Submission to national parliaments/ratification of C.185
Submission on 25.11.03.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Nicaragua

General position: The Ministry of Labour considered that it was not appropriate, for the moment, to ratify C.185. 3M, the system provider, will train approx. 16 persons to use SID equipment. National focal point will probably consist in telephone no. accessible 24/7. Ratification on 19.08.04. Following the merger of two agencies into a new competent authority (NIMASA) and transfer of SID equipment to a new location, the official SID launch and issuance of first SIDs have taken place on 18.10.07 (source: invitation letter of 26.09.07 and article of 24.10.07 in The Guardian (Nigeria)). A sample of the Nigerian SID was sent in to the ILO and has been tested positively.

Nigeria (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

Organized and hosted the Sub-regional Conference on the MLC (28-30.08.07, Abuja), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Member States
Norway (Source: Report of the European regional tripartite seminar on the MLC, 19-21.09.06, Bulgaria; exchange of correspondence with the national authorities) Oman

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned
Requests from the Norwegian Maritime Directorate, dated 31.03.05 and 16.09.05, with respect to Article 4 (paragraph 5 of Article 4 (on the national electronic databasesinquiries from the immigration authorities). ILO’ s replies from 27.04.05 and 13.10.05

MS availability to international/regional cooperation

Possible follow-up action required

Submission on 24.11.04. General position: New system for the issuance of SIDs expected for 2008. Ratification will follow. C.108 ratified. Submission (communication of 19.05.04).

Pakistan (Source: exchange of correspondence with the government)

Ratification on 21.12.06

By July 2007, SIDs had been issued to 4000 seafarers (need to reissue them due to negative test results). Government Shipping Office (GSO) will act as focal point.

Card samples sent to ILO were tested negatively (barcode failure). ILO technical mission identified compliance gaps and provided guidance for proper implementation. (Source: Report on mission to Pakistan, 6-14.07.07)

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Project launched by the Panama Maritime Authority (PMA) for the modernization of the infrastructure and processes (including the issuance of SIDs, quality-control procedures).

ILO ’s technical assistance/ advice provided/planned
Request for interpretation from the PMA concerning the scope of application of Article 2 (issuance of SIDs to seafarers who do not have the Panamanian nationality or a permanent residence in Panama. ILO reply of 5.10.06

MS availability to international/regional cooperation

Possible follow-up action required

Panama (Source: exchange of letters with the national authorities: letter of 23.08.06 from the Panamanian Maritime Authority)

Perspectives of ratification. C.108 ratified.

Submission on 16.02.04. Philippines Submission on 01.06.04. General position: The Convention was being examined as regards the possibility of its ratification. The result of the examination would be discussed by the Tripartite Team for Cooperation with the ILO. Poland C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
Issues identified: - Article 1: sections 2 and 3 of Legislative Decree No. 280/2001 (definition of seafarer). - Article 2: sections 12(1) and 11(2) of Leg.Decree No.280/2001 (issuance to EU nationals and independent of application). - Article 3: document in force has no biometric data, no MR-zone, only original photography, no contact details of issuing authority, no indication that stand-alone document and not pass-port, no item re sex, particulars re de-/embarkation+ qualifications.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Issue raised under Schengen Treaty to be examined.

Portugal

Submission on 29.06.05 (with a brief summary and analysis of the content of C.185)

- Article 4: database RECIM (section 5(2) of Leg.Decree No. 280/2001) does not contain items in Annex II; no focal point. - Article 5: procedures re SID do not comply with Annex III. - Article 6: Leg.Decree No. 244/98 and the Schengen Treaty do not consider shore leave as an entry into territory but only as a permission of access to the port and surrounding urban area.

General position: The adoption of C.185 in the internal legal order would be in the interest of all, to the extent that it would enhance security while facilitating shore leave and the professional movements of seafarers. C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185
Submission on 21.04.04. General position: The Council of Ministers decided to postpone ratification of the Convention.

National action undertaken towards ratification and effective implementation and issues identified.
Decision to set up electronic data base for the registration, as well as to refer the Convention to the General Authority for customs and ports so that it could be guided by the provisions of the Convention. Preparations for ratification are under way. A number of technical problems to be addressed (including the issue of the important number of SIDs already issued that would have to be modified to meet the requirements of the Convention). (Source: Report of the European regional tripartite seminar, 1921.09.06, Bulgaria)

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Qatar

Romania

Submission on 09.03.04. C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.
The Russian Federation has reached an advanced stage of preparations for the production and issuance of SIDs, in accordance with the Convention. The technology for the issuance of the SIDS was presented to the HLTM. Government has signed a resolution approving the SID sample, the description of the form of SIDs and the expenses connected with the issuance of SID forms. A copy and unofficial translation of the resolution were sent to the ILO (Source: email of 5.09.07).

ILO ’s technical assistance/ advice provided/planned
On 16.-17.08.2007, a delegation from the Russian Federation visited the ILO in Geneva and met with representatives of the ILO and with Dr. John Campbell, a technical expert on biometrics and identity documents, to review the technical aspects of a sample of the Russian SID. Outstanding issues were identified that needed to be addressed before full scale issuance, in order to ensure compatibility of the Russian SID with the requirements of C.185.

MS availability to international/regional cooperation

Possible follow-up action required

Russian Federation (Sources: exchanges of correspondence with the national authorities, mission report of the HighLevel Tripartite Mission (HLTM) to Russia on the MLC (Feb.07))

On the occasion of its visit to the Federal State Enterprise and Service of Marine Safety, the HLTM learnt that the instrument for the ratification of C.185, which had been approved through a presidential decree of 27 November 2006, would be deposited with the ILO DirectorGeneral as soon as the Russian Federation was in a position to implement that Convention. C.108 ratified.

The HLTM understood that the Russian Federation would consider requests by the Office for its technical assistance in advising countries which sought help in bringing their SID systems into line with the requirements of the Convention.

San Marino Saudi Arabia

Submission on 4.05.04 Submission on 21.08.04

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study. Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Possible follow-up action required

Senegal (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07) No submission.

Sierra Leone (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07) No submission.

Submission on 30.09.04. Singapore General Position: Following its presentation to Parliament, the government decided not to “adopt” the convention “at this juncture”.

Issues identified: The national immigration laws are not in full compliance with the requirements set out in Article 6(6). Furthermore, the international standard for the fingerprint biometric template has yet to be finalized. (Source: letter of 1.10.04 from the Ministry of Manpower)

Request from the Ministry of Manpower, dated 12.10.04, (compatibility of national practice in facilitating visa applications for the purpose of shore leave with Article 6(6)). ILO requested further details on the national practice.

Member States

Submission to national parliaments/ratification of C.185
Submission on 15.12.03. General Position: The Ministry of Transport, Post Offices and Communications concluded from the technical analysis of C.185 that this Convention could not be ratified at the present time given its incompatibility with national legislation. Submission on 13.05.04. General position: The Government indicated that it would wait before taking a decision on ratification.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Slovakia

Slovenia C.108 ratified. South Africa Spain (Source: letter of 17.07.07) Submission on 13.09.04. General position: Intention to ratify C.185. Albeit not possible to ratify in the short term, clear political will to ratify in a not too distant future. Recognition of SIDs issued under C.185. Issues identified: Legislative changes and important technical and human resources necessary for implementation of C.185.

Member States

Submission to national parliaments/ratification of C.185
Submission on 1.12.06.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Sri Lanka

General position: Tripartite examination of the Convention scheduled, on the basis of which a decision would be taken on the ratification. Submission on 27.02.07. Submission on 08.09.04. General position: The Federal Council concluded that C.185 was not compatible with Swiss law and could thus not be ratified at present. Submission on 26.05.05. Submission on 4.10.05. Issues identified: - an important revision of the Federal Act on Maritime Navigation under Swiss Flag would be necessary. - a complex and costly database would have to be set up for as many as 12 Swiss seafarers.

Swaziland (Source: letter of 29.03.2007).

Switzerland Tanzania, United Republic of Thailand

Member States

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
Participated in the Subregional Conference on the MLC (28-30.08.07, Abuja/Nigeria), which adopted conclusions recommending to countries in the subregion to ratify C.185 and to carry out a feasibility study.

Possible follow-up action required

Togo (Source: Report on mission to Lagos and Abuja from 26.08 to 1.09.07)

No submission. Submission on 19.06.04.

Trinidad and Tobago Submission on 01.12.03. Further information was requested regarding the proposals tabled by the Government with regard to C.185 (Source: letter of 21.01.2004). C.108 ratified. Tunisia Submission on 22.12.03. Turkey C.108 ratified.

Member States

Submission to national parliaments/ratification of C.185
Submission on 08.03.04. General position: It was decided not to ratify C.185 immediately but to consider ratification once the Convention would have been disseminated to all the institutions concerned so that they could study its provisions and identify the corresponding obligations. Submission on 22.07.04. General position: United Kingdom indicated that it “remains committed to the principles of the Convention and continues to work on this matter”. It referred to “significant technical difficulties” as impeding an early ratification (apparently linked to border control issues). C.108 ratified.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

United Arab Emirates

.

United Kingdom (Source: Department for transport’s letter of 30.04.07)

Member States

Submission to national parliaments/ratification of C.185
Submission on 07.03.2005. Tripartite consultations: In June 2005, the Conference Committee hoped that the consultations concerning the ratification of C.185 would be concluded in the near future. The AFL-CIO maintained that progress toward the ratification of C.185 appeared to be mired in inter-agency discussions about immigration security measures. The Tripartite Advisory Panel on International Labour Standards met formally on one occasion during the reporting period, principally to initiate a review of C.185. (Source: Observation of the Committee of Experts, 2006, C.144)

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation
In the first letter of 31.08.06, the US Coast Guard opened the prospect of a constructive dialogue “… concerning SID and how it can best be utilized during vessel calls in member countries”. In their second letter, they confirmed that the US would “be happy to engage in open dialogue [with the ILO] to assist and advise on any areas where [the ILO feels they] can contribute to [its] progress…”In its reply of 14.12.06, the ILO indicated that one such area would be to assist in responding to requests being made by countries for verification that their SID issuance system meet the minimum requirements of C.185 and in particular its Annex 3.

Possible follow-up action required

United States (Sources: submission file and exchange of letters with the US Coast Guard on 31.08.06, 2.10.06, 30.11.06 and 14.12.06)

Issues identified: 1) The Convention contains provisions in Article 6(6) and (7), which establish obligations that are contrary to current U.S. immigration regulations. States law requires a visa for shore leave. 2) In its second letter of 30.11.06, the US Coast Guard referred to a new Act recently passed by the Congress, namely the “Security and Accountability for Every Port Act of 2006 (“SAFE Port Act") which requires the development of “enhanced crewmember identification” within one year of enactment.

Member States

Submission to national parliaments/ratification of C.185
Submission on 12.02.07. C.108 ratified. Ratification on 28.07.2006.

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

Uruguay Vanuatu

Viet Nam

Submission on 10.03.05.

Issues identified: In his presentation made at the International Seminar on the MLC in Japan (October 2006), the representative of the country indicated that the SIDs issued by Viet Nam met the requirements set out in C.185 in terms of contents but not in terms of size. (Source: Report of the International Seminar)

Zimbabwe ------

Submission on 12.02.04. ----------------------

Member States
EU (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom)

Submission to national parliaments/ratification of C.185

National action undertaken towards ratification and effective implementation and issues identified.

ILO ’s technical assistance/ advice provided/planned

MS availability to international/regional cooperation

Possible follow-up action required

On 14.04.05, the Council of the European Union adopted Decision 2005/367/EC authorising member Status to ratify, in the interest of the European Community, C.185.

Statistical information: 12 member States have ratified C.185. 1 member State has decided to provisionally apply C.185 in accordance with Article 9 of the Convention. 91 member States have submitted C.185 to the competent authority.

-

i

Unless indicated otherwise, the information in the table stems from the official communications received from governments concerning the obligation of submission to competent authorities (article 19, paragraph 5 and 7 of the ILO Constitution).
ii

The 108 member States listed in the table are those for which information is available at this stage.