Replies received and commentaries i International Labour Conference 91st Session 2003 Report VII (1) Improved security of seafarers’ identification Seventh item on the agenda International Labour Office Geneva Pagetit.pmd 1 05.08.2002, 07:54 ii Improved security of seafarers’ identification ISBN 92-2-112885-7 ISSN 0074-6681 First published 2002 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. A catalogue or list of new publications will be sent free of charge from the above address. Printed in Switzerland ATA Pagetit.pmd 2 05.08.2002, 07:54 Replies received and commentaries iii CONTENTS Page INTRODUCTION . 1 Background to Convention No. 108 . 2 CHAPTER I: Identification, facilitation, security . 5 Is there a need for a special international seafarers’ identity document? What purpose(s) could it serve? . 6 Facilities . 7 Shore leave . 7 Transit (to and from ship) and repatriation . 9 Status of the seafarers’ identity document vis-à-vis a passport . 10 Issuing authority for the identity document . 11 Content of the identity document . 11 Technical specifications . 12 CHAPTER II: Seafarers’ travel documentation and the granting of facilities . 13 Regional arrangements: The Schengen Agreement and Council Regulation (EC) No. 539/2001 of 15 March 2001 . 13 States’ law and practice relating to seafarers’ identity documents and the granting of facilities to seafarers . 14 Shipowners’ and Seafarers’ views. 17 CHAPTER III: Certification information . 19 CHAPTER IV: Authentication, verification, biometric applications . 21 CHAPTER V: Monitoring and evaluation . 23 ICAO Aviation Security Plan of Action . 23 IMO-STCW “White List” . 23 CONCLUSIONS . 25 Questionnaire . 27 Pagetit.pmd 3 05.08.2002, 07:54 iv Improved security of seafarers’ identification ANNEXES III. Convention No. 108 . 57 III. Comments by the Committee of Experts on the Application of Conventions and Recommendations on Convention No. 108 . 61 III. Report of the Consultation Meeting on Improved Security of Seafarers’ Identification, Geneva, 9-10 May 2002 . 64 Pagetit.pmd 4 05.08.2002, 07:54 Introduction 1 INTRODUCTION In response to the terrorist attacks of 11 September 2001, the Assembly of the International Maritime Organization (IMO) at its 22nd Session (19-29 November 2001) adopted a resolution (A.924 (22)) “Review of measures and procedures to pre- vent acts of terrorism which threaten the security of passengers and crews and the safety of ships”. The resolution instructed the appropriate bodies of the IMO to re- view, on a high priority basis, the instruments under their purview to determine if they needed to be updated and if there was a need to adopt other maritime security mea- sures that might be appropriate. It also requested the competent bodies of the IMO “to take account of the work of other international organizations competent in the devel- opment of standards for transport-related safety and security by land, air and sea, as well as industry organizations”. In order for action on the resolution to be taken expeditiously, the IMO Assembly decided to convene a Diplomatic Conference on Maritime Security (4-13 December 2002) to amend the appropriate conventions. The IMO is, in particular, considering amendments to its Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, with regard to automatic identification systems for ships; ship and offshore security plans, including provisions on a ship security officer and a company security officer; port facility security plans and port facility vulnerability assessments as far as they relate to the ship/port interface; container security measures; and information on the ship, cargo, crew and passengers. The ILO has been actively participating in the relevant meetings of the IMO, start- ing with a working group established in February 2002 on the initiative of the IMO Assembly, since one of the issues considered crucial for improving maritime security is ensuring that seafarers have documents enabling their “positive and verifiable iden- tification” — “positive” meaning that the document holder is the person to whom the document was issued and “verifiable” implying the validation of the authenticity of the document by reference to a source. The kinds of measures involved in properly implementing this concept go beyond the requirements of the relevant ILO Conven- tion, namely the Seafarers’ Identity Documents Convention, 1958 (No 108). Seafarers are directly involved in the international transport of goods, including dangerous goods, as well as in the carriage of passengers. They also have access to ports, includ- ing restricted areas. While there was a proposal that this issue also be handled by the IMO, it has been agreed in the various competent IMO bodies and in the ILO Govern- ing Body that it could more appropriately be dealt with by the ILO, on the expectation that the new ILO instrument on the subject could be brought into application in the near future. The IMO bodies have made it clear that if the ILO is unable to meet this expectation, provisions covering the seafarers’ identity document will be included in SOLAS, 1974, as amended, and brought rapidly into effect under the simplified amendment procedure provided for in that Convention. In March 2002, the Governing Body at its 283rd Session placed an urgent item on the agenda of the 91st Session (June 2003) of the International Labour Conference, concerning improved security of seafarers’ identification with a view to the adoption Introduction.pmd 1 05.08.2002, 07:57 2 Improved security of seafarers’ identification of a Protocol to the Seafarers’ Identity Documents Convention, 1958 (No. 108). It decided that this question would be governed by the single-discussion procedure and approved a reduced timetable for the preparatory stages of that procedure. Since the question will be examined according to the single-discussion procedure established under article 38 of the Standing Orders of the Conference, the new instrument will be considered with a view to adoption by the Conference at its 91st Session in June 2003. The Office has accordingly produced this report, which ends with a questionnaire in- cluding a preliminary draft of possible provisions. *** BACKGROUND TO CONVENTION NO. 108 The idea of creating an international identity document for seafarers was first put forward by the International Transport Workers’ Federation (ITF) and the United Kingdom Navigators’ and Engineer Officers’ Union in 1954. ITF wanted the introduc- tion of an international identity document for seafarers, under ILO auspices, which could serve various useful purposes in helping to establish the status of bona fide merchant seafarers in foreign countries. In 1954, the Navigators’ and Engineer Officers’ Union “Conference” adopted a resolution which was also submitted to the 1955 session of the Joint Maritime Com- mission, referring to “the difficulties being experienced with immigration and security regulations in foreign countries” and calling for the introduction of “an internationally recognized seafarer’s passport or similar document designed to establish a seafarer’s identity as such” and “which would be recognized instantly by immigration officials” worldwide. The instrument which finally emerged — Convention No. 108 — fell short of the expectations of its sponsors. Instead, the Convention as adopted set uniform interna- tional standards for the issuance and content of seafarers’ national identity documents and provided for their reciprocal recognition. Convention No. 108 does not create an international seafarers’ identity document; it provides that each State may issue its own national document. States which have not ratified Convention No. 108 but have ratified the IMO Convention on the Facilitation of International Maritime Traffic (FAL ‘65 — hereinafter referred to as FAL) can issue identity documents meeting the same criteria. Apart from the limited particulars required under the two Conventions, the document’s form and content are determined nationally, and often one State party to the Convention does not even know what the document of another State looks like. Both anecdotal and documentary information submitted to the Office confirm that immigration authorities are often unsure if such a seafarers’ identity document is genuine or counterfeit, or whether the State in question has even ratified the relevant Convention. Moreover, at present there is no requirement as to the language(s) in which the document must be written or that the identity document state the sex of the holder. In 1999 the Committee of Experts on the Application of Conventions and Recom- mendations reviewed the Seafarers’ Identity Documents Convention, 1958 (No. 108), Introduction.pmd 2 05.08.2002, 07:57 Introduction 3 in its General Report