Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Migration for Employment Convention (Revised), 1949 (No. 97) - British Virgin Islands

1.  In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5-17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up-to-date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

2.  The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20-23 and 658).

3.  Article 8.  Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600-608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.