CONVENTION No. 108 Convention concerning Seafarers' National Iden-tity Documents
CONVENTION No. 108 Convention concerning Seafarers' National Iden-tity Documents
[Date of coming into force: 19 February 1961.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Forty-first Session on
29 April 1958, and
Having decided upon the adoption of certain proposals with regard to
the reciprocal or international recognition of seafarers' national
identity cards, which is the seventh item on the agenda of the session,
and
Having decided that these proposals shall take the form of an
international Convention, adopts this thirteenth day of May of the year
one thousand nine hundred and fifty-eight the following Convention, which
may be cited as the Seafarers' Identity Documents Convention, 1958:
Article 1
1. This Convention applies to every seafarer who is engaged in any
capacity on board a vessel, other than a ship of war, registered in a
territory for which the Convention is in force and ordinarily engaged in
maritime navigation.
2. In the event of any doubt whether any categories of persons are to
be regarded as seafarers for the purpose of this Convention, the question
shall be determined by the competent authority in each country after
consultation with the shipowners' and seafarers' organizations concerned.
Article 2
1. Each Member for which this Convention is in force shall issue to
each of its nationals who is a seafarer on application by him a seafarer's
identity document conforming with the provisions of Article 4 of this
Convention: Provided that, if it is impracticable to issue such a document
to special classes of its seafarers, the Member may issue instead a
passport indicating that the holder is a seafarer and such passport shall
have the same effect as a seafarer's identity document for the purpose of
this Convention.
2. Each Member for which this Convention is in force may issue a
seafarer's identity document to any other seafarer either serving on board
a vessel registered in its territory or registered at an employment office
within its territory who applies for such a document.
Article 3
The seafarer's identity document shall remain in the seafarer's
possession at all times.
Article 4
1. The seafarer's identity document shall be designed in a simple
manner, be made of durable material, and be so fashioned that any
alterations are easily detectable.
2. The seafarer's identity document shall contain the name and title
of the issuing authority, the date and place of issue, and a statement
that the document is a seafarer's identity document for the purpose of
this Convention.
3. The seafarer's identity document shall include the following
particulars concerning the bearer:
(a) full name (first and last names where applicable);
(b) date and place of birth;
(c) nationality;
(d) physical characteristics;
(e) photograph; and
(f) signature or, if bearer is unable to sign, a thumbprint.
4. If a Member issues a seafarer's identity document to a foreign
seafarer it shall not be necessary to include any statement as to his
nationality, nor shall any such statement be conclusive proof of his
nationality.
5. Any limit to the period of validity of a seafarer's identity
document shall be clearly indicated therein.
6. Subject to the provisions of the preceding paragraphs the precise
form and content of the seafarer's identity document shall be decided by
the Member issuing it, after consultation with the shipowners' and
seafarers' organizations concerned.
7. National laws or regulations may prescribe further particulars to
be included in the seafarer's identity document.
Article 5
1. Any seafarer who holds a valid seafarer's identity document issued
by the competent authority of a territory for which this Convention is in
force shall be readmitted to that territory.
2. The seafarer shall be so readmitted during a period of at least one
year after any date of expiry indicated in the said document.
Article 6
1. Each Member shall permit the entry into a territory for which this
Convention is in force of a seafarer holding a valid seafarer's identity
document, when entry is requested for temporary shore leave while the ship
is in port.
2. If the seafarer's identity document contains space for appropriate
entries, each Member shall also permit the entry into a territory for
which this Convention is in force of a seafarer holding a valid seafarer's
identity document when entry is requested for the purpose of-
(a) joining his ship or transferring to another ship;
(b) passing in transit to join his ship in another country or for
repatriation; or
(c) any other purpose approved by the authorities of the Member
concerned.
3. Any Member may, before permitting entry into its territory for one
of the purposes specified in the preceding paragraph, require satisfactory
evidence, including documentary evidence, from the seafarer, the owner or
agent concerned, or from the appropriate consul, of a seafarer's intention
and of his ability to carry out that intention. The Member may also limit
the seafarer's stay to a period considered reasonable for the purpose in
question.
4. Nothing in this Article shall be construed as restricting the right
of a Member to prevent any particular individual from entering or
remaining in its territory.
Article 7
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 9
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 12
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 13
1. should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 9 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are
equally authoritative.
; or
(c) any other purpose approved by the authorities of the Member
concerned.
3. Any Member may, before permitting entry into its territory for one
of the purposes specified in the preceding paragraph, require satisfactory
evidence, including documentary evidence, from the seafarer, the owner or
agent concerned, or from the appropriate consul, of a seafarer's intention
and of his ability to carry out that intention. The Member may also limit
the seafarer's stay to a period considered reasonable for the purpose in
question.
4. Nothing in this Article shall be construed as restricting the right
of a Member to prevent any particular individual from entering or
remaining in its territory.
Article 7
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 9
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 12
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 13
1. should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 9 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are
equally authoritative.
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