Friday, October 30, 2009

From One concerned person trying to help.

Shore Leave problems in Slovenia

On July 1, 2004 the Slovenian General Police Directorate instructed the Maritime Police the following:

- Holders of Seamen's Books issued in a country not ratifying ILO Convention 108 (Seafarers National Identity Documents), who are also holders of a Passport of the country whose citizens need an entrance visa are allowed to go ashore only if they have applied and paid for a visa.

Unfortunately I was not aware of above until a Slovenian journalist informed me at the end of July. I acted immediately and sent an official letter to the General Police Directorate informing them that Slovenia had ratified the IMO Convention on the Facilitation of International Maritime Traffic 1965 (FAL), which states that crew members shall not be required to hold a visa for the purpose of shore leave and also stipulates that foreign crew members shall be allowed ashore by the public authorities whilst their ship is in port. When I discussed the above matter over the telephone with the representative of the General Police Directorate I was very much surprised when I learnt that Police did not know anything about IMO Conventions, furthermore I received an official letter from Mr. Darko Anzelj, General Director of the Slovenian General Police Directorate, in which he stated that there is no international legal basis obliging the Slovenian Police to change their policy. Of course I did not agree with him and I sent an official letter to the Ombudsman and Slovenian President Mr. Janez Drnovsek. There was no change and I sent more than thirty emails and fax messages to the competent authorities. I must stress that there was excellent Media coverage (Newspapers, TV, Radio) - I was really fully supported by the Slovenian Media and also by the Slovenian public. The Media even published a statement of a retired Slovenian seafarer Mr. Vinko Grgic who said that he was ashamed of this decision and that he had sailed with seafarers of more than twenty nationalities during his career and he knew very well the absurdity of discrimination based on nationality and national documents. Let me point out that there was also very strong letter of protest written by one Captain whose crew were refused permission to go ashore without a visa. In his letter of protest he wrote -

Taking in consideration that at Port of Koper shore leave to India and Serbia&Montenegro crewmembers were suspended I have to place strong protest. For our information vessel called before Koper Port of Monfalcone, Porto Marghera, Rijeka and Pozzalo and in those ports we had shore leave without any restrictions. As far as I now not a single country of the European Union is applying restrictions on shore leave to vessel's crewmembers in the way that Slovenia is doing now. With restrictions of shore leave our freedom have been violated, as well as the democracy and institution of vessel's Master. This is 21 st century, era of modern civilization, therefore you have to take this issue very seriously and to reconsider your decision of shore leave restrictions to any crewmember regardless of nationality, religion or colour. As a young European country and recently members of European Union you should be guided by other European countries, to be flexible, smart and wise in order to be prosperous, democratic and long lasting. Handing over this letter I hope that at least some one will read it and will think whether restrictions of shore leave to any seaman is an act of good will, meanwhile I remain."

I must stress also that the right to shore leave for seafarers was fully supported also by management of the Port of Koper and also by Association of Maritime Agencies.

On 20 August there was finally a positive response. The Slovenian Transport Minister Mr. Marko Pavliha initiated a meeting between the Ministries of Transport, Internal Affairs and External Affairs. Transport Minister Mr. Pavliha confirmed that I was right and made it very clear that Slovenia must respect the IMO Convention on the Facilitation of International Maritime Traffic. During the meeting, it was agreed that all seafarers coming to the Slovenian Port of Koper would be allowed to go ashore, even if they do not possess an entry visa. I was informed of the good news by the Ministry of Transport upon my return to Slovenia from London, where I was working temporarily at the ITF Secretariat.

ENDS

The General Police Directorate changed their instructions to the Maritime Police but not as I expected. According to the new instructions, the Maritime police now allows seafarers to go ashore with a valid passport and without visa. But in cases where seafarers are without current, valid passport, they are allowed to go ashore only if they are holders of a Seaman's Book issued in a country ratifying ILO Convention 108. I believe all seafarers should be allowed ashore if they hold a Seamen's Book, even if their issuing countries did not ratify ILO 108. There are many countries, which did not ratify this convention - for example (as far as I know): U.S.A, Germany, Japan etc. As I understand, only 62 countries ratified this convention.

My fight with the Slovenian General Police Directorate is continuing and I am arguing that if you are a signatory to the IMO Convention on the Facilitation of International Maritime Traffic 1965 (FAL) as long as ID complies with provision 3.10.1 (standard of requirements for an ID) it is valid and ILO 108 is irrelevant and this does not even require it to be issued by the seafarers National authority.


I worked at sea as an Engineering Officer for more than ten years and I know how important is for seafarers to go ashore. Shore leave is essential for the physical and mental health of seafarers!



Contact Information

Branko Krznaric
ITF Inspector
ITF - The Slovenian FOC Office
Seamen's Union of Slovenia
Obala 55, 6320 Portoroz, Slovenia

Tel.: + 386 5 6766427
Fax: + 386 5 6530239
Mobile phone: + 386 41 646167
Email: krznaric_branko@itf.org.uk


ITF House, 49-60 Borough Road, London SE1 1DR | +44 20 7403 2733 | mail@itf.org.uk

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