Branko Krznaric relates his campaign to overturn discrimination against seafarers visiting Slovenia.

On July 1, 2004 the Slovenian general police directorate instructed maritime police about some new restrictions to be placed on visiting seafarers. The restrictions applied to any seafarer holding a seaman’s book issued in a country which has not ratified ILO Convention 108 (concerning seafarers national identity documents), and who holds the passport of a country in which citizens need a visa to enter Slovenia. Such seafarers would be allowed to go ashore only on condition that they applied and paid for a visa.

Unfortunately I was not aware of this new instruction until I was informed of it by a Slovenian journalist nearly a month later. I wrote immediately to the general police directorate informing them that Slovenia had ratified an IMO convention on the facilitation of international maritime traffic (FAL, 1965), which provides that crew members shall not be required to hold a visa for the purpose of shore leave. It also stipulates that foreign crew members shall be allowed ashore by the public authorities while their ship is in port.

Ignorance and absurdity
Discussing this on the telephone with a general police representative, I was surprised to learn that the police knew nothing about the IMO convention. Furthermore, I received an official letter from Darko Anzelj, general director of the Slovenian general police directorate, in which he stated that there is no any international legal basis which should obligate Slovenian police to change their policy.

Of course I did not agree with him. I sent official letters to the ombudsman and President Janez Drnovsek, and over 30 emails and fax messages to the competent authorities. I received full support from the Slovenian public and the media, with coverage on TV and radio and in the newspapers. This included a statement by a retired seafarer, Vinko Grgic, who had sailed during his career as a radio officer with more than 20 different nationalities. He understood the absurdity of discrimination based on nationality and national documents.

There was also a strong letter of protest written by one captain whose crewmembers were refused permission to go ashore without a visa at the Slovenian Port of Koper. I must stress that the right to shore leave for seafarers was fully supported by the management of the Port of Koper and also by the Association of Maritime Agencies.

Partial breakthrough
On August 20 there was finally a positive response. The Slovenian transport minister Marko Pavliha initiated a meeting between the ministry of transport, ministry of internal affairs and ministry of external affairs. The 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. It was agreed that all seafarers coming to the Port of Koper would be allowed to go ashore, even if they do not possess an entry visa.

The general police directorate changed their instructions to the maritime police, but not as I expected. According to the new instructions, the maritime police are now allowing seafarers to go ashore without a visa if they have a valid passport. In cases where seafarers are without a valid passport (if, for example, it has expired), they are allowed to go ashore only if they have a seaman’s book issued in a country which has ratified ILO Convention 108.

My view is that they should also allow ashore seafarers with seaman’s books from countries that have not ratified ILO 108. There are many countries, which have not ratified this convention, including, I believe, the US, Germany and Japan. Indeed as I understand it, only 62 countries have ratified.

So my fight with the Slovenian general police directorate continues. I am arguing that if you are a signatory to the IMO Convention FAL 1965, then as long as a seafarer’s ID complies with provision 3.10.1 (concerning the standard of requirements for an ID), then the ID is valid and ILO 108 is irrelevant.

I worked at sea as an engineer officer for more than 10 years and I know how important is for seafarers to go ashore. Shore leave is essential for the physical and mental health of seafarers.


 
Branko Krznaric is an ITF Inspector in Slovenia.