Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - Brazil (Ratification: 1965)

The Committee notes the information supplied in the Government’s report.

1. The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17) that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2. Recalling that under Article 6, paragraph 1, every 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 enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would provide further details on the situation of migrant workers, particularly in respect of working and living conditions, work-related taxes, and access to the justice system. The Committee would also appreciate it if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in the abovementioned fields, in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers). Please state to what extent the matters dealt with by the provisions of Article 6, paragraph 1, may be subject to the control of administrative authorities of the constituent states.

3. The Committee notes the information supplied by the Government in the context of MERCOSUR. It particularly notes the 1998 "MERCOSUR Social and Labour Declaration" which addresses the question of equality of treatment of migrant workers (article 4) and the "MERCOSUR Multilateral Agreement on Social Security" which seeks to provide all workers and their dependants outside their country of origin the same rights and social security benefits guaranteed to nationals, as well as recognizing rights acquired in any country of the block. The Committee asks the Government to provide any relevant information on the development and impact of these instruments. It would also be grateful if the Government would provide information regarding the implementation of the agreement on free movement of persons between the member States, which is expected to be finalized in 2006, and if it would communicate any results achieved by the Committee on Employment, Migration and Vocational Training.

4. The Committee notes that the National Immigration Council is seeking to introduce greater transparency and simplify the tasks involved in administrative procedures and that various proposals for resolutions are being examined in this regard, in line with the provisions of Annex I, Article 6 of the Convention. The Committee would be grateful if the Government would keep it informed of progress on the finalization of the resolutions referred to and supply a copy of them in its next report.

5. The Committee asks the Government to continue to provide information on Brazilian nationals working abroad as well as on the number and origin of foreigners employed in Brazil, and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.

6. Finally, the Committee asks the Government to state whether courts or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.