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Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Migration for Employment Convention (Revised), 1949 (No. 97) - France (Ratification: 1954)

Other comments on C097

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Article 1(c) of the Convention. The Committee notes the Government's report and the adoption of Act No. 89-548 of 2 August 1989 respecting the conditions governing the entry and residence of foreigners in France. It also notes the comments of the French Democratic Confederation of Labour (CFDT) that the provisions of Act No. 89-548 respecting residence and work permits are not applicable to Algerian, Moroccan and Tunisian migrant workers since bilateral agreements concerning them were concluded under Act No. 86-1025 of 9 September 1986 and took their general tone from that Act.

The Committee notes, from the circular dated 2 August 1989 respecting the application of Act No. 89-548, that the provisions governing foreigners residing in France do not apply to Algerian nationals, for whom the conditions governing their stay in France are set out by the Franco-Algerian Agreement of 27 December 1968, as amended by the codicil to that agreement dated 22 December 1985. Similarly, Tunisian nationals are subject to the special provisions set out in the Franco-Tunisian Agreement of 17 March 1988 respecting residence and work permits. Furthermore, according to the available information, France signed an agreement with Morocco on 9 October 1987, which has not yet been ratified.

The Committee therefore requests the Government to supply information and to comment on the points raised by the CFDT in its observations in relation to Article 6 of the Convention.

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