Convention ILO No. 185: Seafarers’ Biometric Identity Documents
The International Labour Organization (ILO) Convention No. 185, adopted in 2003, governs the issuance of seafarers’ identity documents (SID), which have become the mandatory standard for crossing borders and migration control in several countries. This document replaced the older identity documents issued under ILO Convention No. 108 from 1958, and requires the inclusion of biometric data, significantly enhancing security. This is particularly important in light of increasing security measures at ports and borders globally.
Main Features of Convention C185
The aim of Convention C185 is to improve control and protection for seafarers as they move across borders. The main innovation introduced by this convention is the requirement for biometric data, such as fingerprints, to be included in seafarers’ identity documents. These documents help facilitate seafarers’ movement between countries, grant access to shore facilities, and reduce delays at border crossings.
Who Has Ratified Convention C185?
As of now, 38 countries have ratified Convention C185, including:
- France
- Brazil
- Croatia
- India
- Philippines
- South Korea
- Montenegro
- Russia
- Spain
These countries recognize seafarer identity documents issued according to the C185 standards and require them for shore access or employment. Seafarers who do not possess such documents may face difficulties when crossing borders or when trying to go ashore.
Main Requirements for SID (Seafarers’ Identity Document)
- Form and Content:
- The SID must meet the technical standards outlined in ICAO Document 9303, making it machine-readable. The document must be made from durable materials resistant to forgery and alterations. It must be as accessible as possible to all countries with minimal production costs and be similar in size to a standard passport.
- Biometric Data:
- The document includes biometric data such as fingerprints and a digital photograph, necessary for its use in electronic border control systems. This ensures that the document is difficult to counterfeit.
- Document Information:
- The SID contains the seafarer’s full name, gender, date and place of birth, nationality, date of issuance and expiration, the seafarer’s signature, and a photograph complying with international standards. It also includes the note: “This document is a seafarers’ identity document for the purpose of the Seafarers’ Identity Documents Convention (Revised), 2003, of the International Labour Organization. This document is a stand-alone document and not a passport.”
- Electronic Database:
- Each country issuing the SID is required to maintain an electronic database for the verification of document authenticity. Immigration authorities must have permanent access to this database to check the seafarer’s information. The system must protect the data from unauthorized use, and seafarers are allowed to check and correct their information in the database.
- Validity:
- The maximum validity of the SID is 10 years, with the document requiring renewal after 5 years. The renewal and issuance procedures are outlined in the national legislation of the issuing country.
Problems for Seafarers from Non-Ratifying Countries
Ukraine and Poland have not ratified Convention C185 and continue to use identity documents based on the older C108 standard. This means that Ukrainian and Polish seafarers do not possess identity documents containing biometric data, which are required by countries that have ratified C185. For these seafarers, the following problems may arise:
- Visa Requirement:
- In countries where C185 requirements are strictly enforced, identity documents issued under C108 may not be recognized, and seafarers may need a visa to enter or go ashore.
- Limited Access to Shore Facilities:
- Without the biometric SID, seafarers may face refusal of access to shore services and facilities in ports.
- Additional Documents:
- To facilitate border crossings, seafarers may be required to present additional documents, such as letters of guarantee from shipping companies.
Situation in Brazil
Since May 1, 2023, Brazil has implemented new regulations stating that only identity documents issued under C185 standards are accepted for crossing the border. Documents issued under the old C108 Convention are no longer recognized. This means that Ukrainian and Polish seafarers with non-biometric documents will not be able to enter Brazil without a visa, even if they are working on a vessel.
However, it is worth noting that Ukrainian nationals enjoy visa-free entry to Brazil for short stays of up to 90 days, which partially solves this problem. Nevertheless, seafarers working on vessels flying flags of other countries must be aware that without a biometric SID, they may face serious difficulties accessing Brazil or going ashore for their duties.
What Should Seafarers Without SID Do?
If you are a seafarer from a country that has not ratified C185 (such as Ukraine or Poland) and plan to travel to a country that requires biometric documents, you may need to take the following actions:
- Apply for a Visa:
- Check the visa requirements of the destination country in advance and apply for a visa if necessary.
- Request Guarantee Letters:
- Ask the shipping company to provide guarantee letters or other documents confirming your employment and the need for entry into the country.
- Consult with Agents:
- Contact shipping agents in ports for up-to-date information about migration requirements in the destination country.
Conclusion
Convention C185 plays a crucial role in protecting seafarers’ rights and ensuring their safety while crossing borders. However, for seafarers from non-ratifying countries like Ukraine and Poland, there may be challenges in having their documents recognized in certain countries. Seafarers should plan their trips carefully, understand the required documents and visas, and be prepared for potential complications when working in international waters.
Also, check out our articles on extending the Ukrainian Seafarer’s Passport, the Panamanian Seafarer’s Passport, the British Seafarer’s Passport, and the Dutch Seafarer’s Passport.