Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Migration for Employment Convention (Revised), 1949 (No. 97) - Serbia (Ratification: 2000)

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

1. Article 1. Provision of information. The Committee notes from the report that certain laws applying the Convention under the Federal Socialist Republic of Yugoslavia remain unchanged and in force, in particular the Act on Foreign Residents and the Decree on the Conditions of Work for Foreigners. The Committee also notes that new laws have been adopted which apply the Convention including the Constitutional Charter of the State Union of Serbia and Montenegro of 2003, the Labour Act of 2001 and the Act on Employment and Insurance against Unemployment of 2003. Noting further that other laws are in the process of amendment, including the Act on the Protection of Citizens of Serbia working abroad, the Committee requests the Government to supply, with its next report, copies of all the abovementioned legislation, including any amendments made, except the Labour Act and the Act on Employment and Insurance against Unemployment.

2. The Committee notes the changes that the country has experienced in terms of its migration, notably from a country of emigration to one of immigration for thousands of refugees and a transit country for irregular migration from East to West. It also notes from the Government’s report to the United Nations Human Rights Committee (CCPR/C/SEMO/2003/1) that Serbia and Montenegro has accelerated the process to grant citizenship to many of its refugees, and that the Government plans to harmonize its legislation with respect to migration issues with European Union member countries. The Committee asks the Government to report on (1) the expected impact this will have on emigration or immigration to the country, and (2) the male and female migrant workers particularly affected by any new measures. Please also provide information on any special provisions, agreements or changes to legislation to accommodate the recent changes in migration trends in the country.

3. The Committee would welcome information, disaggregated by sex, on the number of men and women migrants regularly admitted for employment in Serbia and Montenegro, on either a permanent or temporary basis, and the nature of activities carried out by them.

4. Article 3. Misleading propaganda. The Committee notes from the Government’s report that private employment agencies are sometimes involved in misleading nationals about work abroad. The Committee would welcome information about concrete measures that have been taken against such agencies in terms of penalties, the withdrawal of licences or other action taken or envisaged. Noting also that Serbia and Montenegro is a country of destination for trafficked persons (E/CN.4/2003/38), the Committee would welcome information on the measures taken to avoid that misleading information is given to non-nationals arriving in the country. Noting in addition that many trafficked persons in Serbia are of Romanian, Moldovan and Ukrainian origin, the Committee asks the Government to provide information on any cooperation in practice with the Governments of these countries against misleading propaganda in compliance with Article 3(2) of the Convention.

5. Article 6. Equality of treatment. The Committee recalls that Article 6 calls on ratifying States to apply, without discrimination in respect of sex to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals. The Committee notes that the Government’s report to the United Nations Human Rights Committee mentions cases of discrimination against women migrants working in Serbia (see CCPR/C/SEMO/2003/1, paragraph 270). The Committee asks the Government to provide more information on the concrete measures it is taking to ensure that female immigrants lawfully in its territory are not being discriminated. The Committee also asks the Government to indicate in detail with its next report the relevant provisions of the legislation and other measures taken relating to the application of Article 6 of the Convention for both temporary and permanent migrant workers.

6. Article 8. Right of residence of permanent migrant workers. The Committee would welcome information from the Government on the circumstances in which permanent residence in Serbia and Montenegro may be cancelled.

7. Part V of the report form. Practical application. The Committee requests the Government to provide general information, including statistics disaggregated by sex, nationality or ethnic origin, on the manner in which the Convention is applied in practice, including the results of the relevant activities of the labour inspection services. Please also 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.