Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - San Marino (Ratification: 1985)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Legislation, policies and practical application. As the Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5–17), the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee would therefore 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,  and indicate any difficulties encountered in the practical application of certain provisions of the Convention.

2. Part II of the Convention (equal opportunity and treatment). Article 8 was one of the Articles most often cited by governments, at the time of the General Survey (see paragraphs 577–597), as being very difficult to apply. The Committee therefore asks the Government to provide information on how it applies the principle that the authorization of residence and/or work permit of workers whose situation is legal shall not be withdrawn systematically in the case of loss of employment.

3. Article 10. Recalling that under this Article, countries must implement an active policy designed to promote and to guarantee real equality of opportunity and treatment for migrant workers lawfully in their territory, the Committee would be grateful if the Government would provide, in addition to the provisions establishing equality of opportunity and treatment for national and foreign workers, detailed information on the practical application of its policy on equality of opportunity and treatment for national workers and migrant workers in respect of the matters enumerated in Article 10 of the Convention (employment and occupation, social security, trade union and cultural rights, individual and collective freedoms).

4. Statistics. Lastly, the Committee would be grateful if the Government would supply statistics of the number and location of its nationals working abroad and the countries of origin of the foreigners working in San Marino.