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

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

1. The Committee notes the information provided in the Government’s reports.

2. In its 1999 General Survey on migrant workers, the Committee noted that, since the adoption of the Convention, there had been significant changes in international migration for employment in terms of the numbers involved and the direction and nature of migration (see paragraphs 5-17 of the General Survey). The Committee therefore requests the Government to provide copies of any new laws or regulations which have been 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 concerning the Convention. The Committee would also be grateful if the Government would indicate the manner in which current trends in migratory flows have affected the content and application of its policy and its national legislation respecting emigration and immigration.

3. In view of the fact that private agencies are playing an increasingly important role in the process of international migration, the Government is requested to indicate whether this development has affected the application of Annexes I and II of the Convention, which address the recruitment, placing and conditions of labour of migrants for employment recruited other than under government-sponsored arrangements for group transfer, and of migrants for employment recruited under Government-sponsored arrangements for group transfer. In the affirmative, the Committee would be grateful if the Government would indicate the measures which have been adopted or are envisaged to regulate the activities of private agencies or to promote self-regulation with a view to protecting migrant workers against abuses, and the sanctions imposed in the event of infringements, particularly related to misleading propaganda.

4. The Committee requests the Government to provide information on the application in practice of its policy of equality of treatment between nationals and migrant workers with regard to the matters enumerated in Article 6, paragraph 1(a), (b), (c) and (d), of the Convention. Recalling that, in accordance with paragraph 1 of this Article, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, 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 paragraph, the Committee would be grateful if the Government would indicate the measures which have been adopted or are envisaged to ensure that women migrant workers are treated on an equal footing with male workers, both foreign and national, with regard to their working and living conditions, social security, employment taxes and access to legal proceedings, taking into account the constantly increasing proportion of women migrant workers (see paragraphs 22, 23 and 658 of the General Survey).

5. Article 8. In view of the fact that this provision was one of those referred to most frequently by governments, due to the difficulties of application to which it gives rise, on the occasion of the General Survey (paragraphs 600-608), the Committee would be grateful if the Government would provide information on the application in practice of the maintenance of the right of residence in the event of incapacity for work of migrant workers admitted on a permanent basis.

6. With regard to the report received by the ILO on 4 September 2000, the Committee requests the Government to indicate whether a cooperation agreement has been concluded between the delegation of Argentina and the IOM (International Organization for Migration) with a view to undertaking dynamic studies of the labour market.

7. The Committee would also be grateful if the Government would provide information on the action that is being taken in practice to promote integration, and on any difficulties of a practical nature encountered in the application of the Convention.

8. Finally, the Committee requests the Government to report on the relevant results of the activities of the labour inspection services and the National Commission for Migration Affairs, established by Decree No. 284/997 of 13 August 1997. It also requests the Government to indicate whether ordinary courts and other tribunals have issued rulings on questions of principle relating to the application of the Convention. If so, please provide the texts of such rulings.