Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Serbia (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Basic human rights. The committee takes note of the information provided by the government on the adoption of legislation and policies in the field of migration and refers in its regard to its comment on the application of the Migration for Employment Convention (Revised), 1949 (No. 97). Regarding specifically the protection of migrant workers’ basic human rights, the Committee notes that the Commissariat for Refugees and Migration is responsible for providing support to migrants, especially when pertaining to vulnerable groups and that the Center for the Protection of Victims of Trafficking in Human Beings provides protection to potential victims of human trafficking. The Committee also notes the Government’s indication that the law provides for specific protective measures for potential victims of human trafficking, who shall be granted temporary residence and access to the labour market and education (Article 28 of the Law on Foreigners (No. 24/18)). In the context of removal (expulsion) procedures, the competent authorities are required to take into consideration the needs of migrants from vulnerable groups (such as minors, persons deprived of their legal capacity, persons with disabilities, elderly persons, pregnant women, single parents, and persons who have been subjected to torture, rape or other grave forms of violence) and to act in conformity with international treaties (section 58 of the Law on Foreigners (No. 24/18)). In this regard, the Committee notes that the United Nations (UN) Committee on Economic, Social and Cultural Rights expressed its concern about the continuing inadequate reception conditions of migrants and recommended that the Government improve the conditions of reception centres and access to health care and other basic services (E/C.12/SRB/CO/3, 6 Avril 2022, para. 32). Furthermore, the UN Committee Against Torture reminded the Government that it should ensure mandatory training on the absolute prohibition of torture and ill-treatment for all law enforcement personnel and other public officials in contact with migrants deprived of their liberty (CAT/C/SRB/CO/3, 20 December 2021, para. 36). In light of the above, the Committee requests the Government : (i) to indicate how it is ensured in practice that all migrant workers in irregular situations have access to complete information about their labour rights and the means of redress available, in a language understandable to them, as well as to legal assistance; (ii) to provide detailed information on the activities of the Commissariat for Refugees and Migration and the other competent authorities in this regard (such as for example, awareness campaign activities, training on the respect of basic human rights, improvement in the reception conditions of migrant workers, etc.); (iii) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; and (iv) to provide information on the number of complaints lodged by migrant workers alleging exploitative working conditions (such as for example non-payment or under-payment of wages, social security and other benefits) brought to the attention of the labour inspectors and penalties imposed on employers engaging in illegal employment of migrant workers.

Articles 2 and 6. Identifying illegal employment and migration in abusive conditions. The Committee notes that the report of the Government is silent on its requests for information on the measures adopted to collect data on migrant workers engaged in undeclared work, and on the penalties imposed on employers by the labour inspectorate. The Committee recalls once again that each Member for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory and whether they are subject to abusive migration conditions. The Committee therefore requests the Government to take the necessary measures to collect data, if possible disaggregated by sex and country of origin, on migrant workers engaged in undeclared work.

Article 8. Legal status in the case of loss of employment. The Committee notes the Government indication that, pursuant to the Law on the Employment of Foreigners (No. 128/14 as amended), if the conditions of the law are met, foreign citizen shall have equal rights and obligations as nationals in terms of labour, employment, self-employment, and unemployment (section 4). The Committee requests again the Government to indicate whether migrant workers who have lawfully resided in the country and who have lost their employment prematurely may retain their legal residency or other stay authorization in the country.

Article 9(1) and (2). Equality of treatment of migrants in an irregular situation. Rights arising out of past employment. Noting that the report of the Government is silent on this issue, the Committee reiterates its request for information on the measures taken to ensure that migrant workers in irregular situations enjoy in practice their rights arising out of past employment, as regards remuneration, social security and other benefits (including references to the relevant legislation and practical cases brought to the attention of the authorities).

Article 9(3). Costs of expulsion. The Committee recalls that, that pursuant to section 56 of the former Law of Foreigners (2008), the costs of escort to a diplomatic or consular mission or to the shelter, or the state border, are to be borne by the foreigner whereas the Convention states that none of the costs of expulsion are to be borne by the migrant worker. The Committee notes the Government’s indication that a provision comparable to former section 56 was enacted as section 94 of the new Law of Foreigners (No. 24/18). The Government specifies that the costs referred to under section 94 are to be borne by the foreign person, the person who had undertaken to bear the costs of his or her stay, or by the State if the costs cannot be collected from these persons. It also specifies that, in practice, most foreigners in the process of forced removal comply voluntarily with the decision. They may be placed under “compulsory residence” as an alternative to being placed in a shelter. The Committee reminds the Government that administrative costs, such as costs arising out of placing a foreigner under supervision or surveillance, or costs arising from foreigners’ temporary detention in reception centres, within the context of escorting the migrant worker to the border, should be borne by the State (General Survey of 2016, para. 320). The Committee therefore requests the Government to adopt measures, including through the revision of section 94 of the Law of Foreigners (No. 24/18), to ensure that none of the costs of expulsion are borne by the migrant worker.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes that the Government does not provide specific information on the adoption of an active policy to specifically ensure equality of opportunity and treatment for migrant workers. It however notes that the Government has adopted a series of policies in the field of migration, such as Migration Management Strategy of 2009, the Strategy for Combatting Irregular Migration (2018-2020), and the Strategy on Economic Migration (2021-2027), but that none of these policies aim specifically at promoting equality of opportunity and treatment for migrant workers. It also notes that the Government provides detailed information on the legislative framework related to the area of migration. In particular, the Government indicates that a series of new laws were enacted in 2018, namely: the Law on Foreigners (No. 24/18), the Law on Border Control (No. 24/18) and the Law on Asylum and Temporary Protection (No. 24/18). The area of migration is also regulated by the Law on the Employment of Foreigners (No. 128/14 as amended) and the Law on Migration Management (No. 107/12). The Committee notes that pursuant to the Law on the Employment of Foreigners (Nos 128/14 as amended) if the conditions established by law are met, foreign citizen shall have equal rights and obligations as nationals in terms of labour, employment, self-employment, and unemployment (section 4). The Government also refers to the Labour Law which prohibits discrimination in employment and occupation (sections 18-23) and protects trade union rights (section 206). Regarding social security rights, the Government refers to the application of the Law on Employment and Unemployment Insurance (No. 36/09 as amended) and the Law on Pension and Disability Insurance (No. 34/03 as amended) to migrant workers. While taking note of this information, the Committee recalls that the Convention requires Governments to pursue an active national policy to ensure equality of opportunity and treatment for migrant workers, in the form of a coordinated range or measures, in accordance with Article 12, which may be implemented progressively and continuously adapted to respond to changing national circumstances, and which should be periodically reviewed and evaluated, and where necessary, revised (General Survey of 2016, paras. 166 and 168). The Committee therefore requests the Government to adopt measures to implement a national policy specifically designed to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and or individual and collective freedoms for migrant workers and members of their family legally residing in the country. The Committee also requests the Government to provide information on the periodic revision and evaluation of this policy.

Article 14. Free choice of employment and permissible restrictions. The Committee notes the Government indication that “work permits for employment” are issued at the request of the employer for a period that cannot exceed the period of authorized stay (usually one year) and can be renewed. The Committee reiterates its request to the Government: (i) to indicate whether migrant workers under “work permits for employment” and “work permits for special cases of employment” for more than two years may freely change their employers; and (ii) to specify whether certain categories of employment or functions (for instance in the state institutions and administrative departments) are not accessible to foreigners.

Application of the Convention in practice. The Committee takes note of the statistical information disaggregated by sex on the number of foreign workers employed in Serbia, showing that, in 2020, the National Employment Service (NES) issued a total of 12,931 work permits to foreign nationals; and the main countries of origin of foreign workers were China (3,515 men and 595 women), the Russian federation (1,976 men and 459 women), and Turkey (1,489 men and 71 women). It also notes that in 2020, 1,196 citizens of the Republic of Serbia were employed abroad, and that the main countries of destination were the United States of America, the Russian Federation, Germany, Hungary, Czech Republic, Slovenia, Croatia, and Slovakia. The Committee further notes that, in 2020, there were no decisions from the labour inspectorate or the four appellate Courts on the issue of discrimination towards foreign workers. For the same year, the Government reports that there were 54 pending cases before higher and appellate courts on the application of section 388 of the Criminal Code (prohibition of trafficking in human beings). The Government also reports for the period 2019-2020, 20 verdicts before the Court of Appeals of Novi Sad, 24 verdicts before the Court of Appeals of Belgrade and 54 verdicts from the Court of Appeals of Nis, on the application of section 350 of the Criminal Code (illegal crossing of the state border and smuggling of people). The Committee requests the Government: (i) to continue to collect statistical information and to report on the situation of migrant workers in Serbia and of nationals emigrating abroad; (ii) to communicate on the activities of the labour inspectorate regarding the application of the Convention in practice, such as information on the number of cases brought to the attention of or detected by the labour inspectorate on instances of unequal of treatment of migrant workers; and (iii) to continue to provide information on the relevant cases brought to court and, on their outcomes (such as information on the number of cases pending, on the final findings and on the penalties imposed).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Basic human rights. The Committee notes the Government’s brief indication that the protection of human rights of all migrant workers, including refugees and trafficked persons, is not under the responsibility of the Ministry of Economy and Regional Development. The Committee notes however that the Strategy for Combating Illegal Migration (2009–14) was adopted in March 2009. This strategy which aims mainly at improving efficiency and effectiveness in combating irregular migration provides for: (i) the development of competences and capacities of stakeholders; (ii) the strengthening of the institutional and legal frameworks, including the empowerment of labour inspectors to take measures against employers who illegally employ foreigners and the reinforced supervision of employment agencies; (iii) the exchange of information between countries to prevent irregular migration; (iv) the need to conclude more bilateral agreements on employment and rights of workers; and (v) the development of awareness-raising campaigns on trafficking in persons. The Committee notes that the development of a package of measures concerning different categories of migrants in an irregular situation, including women migrants, is also envisaged. The Committee requests the Government to provide information on any measures taken by the competent authorities, within the framework of the Strategy for Combating Illegal Migration or otherwise, to ensure the protection of basic human rights of all migrant workers, including migrant workers in an irregular situation, refugees and trafficked persons. The Government is also asked to provide information on any plan of action adopted under the Strategy, including concrete measures taken to implement it.

Articles 2 and 6. Identifying illegal employment and migration in abusive conditions. The Committee notes from the Government’s report that the Ministry of Economy and Regional Development does not have data on migrant workers engaged in undeclared work. The Committee also notes that, according to the Strategy for Combating Illegal Migration, the formal legal framework does not meet the needs of the authorities to adequately process the recorded cases of unauthorized migration and the collection and processing of such data needs to be improved. Recalling that, in accordance with Article 2 of the Convention, each Member for which this Convention is in force shall systematically seek to determine whether there are illegally employed migrant workers on its territory, the Committee requests the Government to take the necessary measures to collect data, if possible disaggregated by sex and country of origin, on migrant workers engaged in undeclared work. The Committee further requests the Government to provide information on any penalties imposed on employers by labour inspectors under the Law on Conditions and Employment of Foreign Nationals, as amended up to 2005.

Article 8. Legal status in the case of loss of employment. The Committee notes that pursuant to sections 29 and 30 of the Law on Foreigners 2008, temporary residence can be granted for a period up to one year and extended for the same period, if not otherwise provided under this Law or an international treaty. Temporary residence for work and employment can be granted to a foreigner who acquired the right to work. Temporary residence is granted to a foreigner until expiry of the approved work engagement (section 30). The Committee recalls that Article 8 aims to protect migrant workers from having their residency permit, whether temporary or permanent, revoked when losing their employment prematurely and as a consequence finding themselves in an irregular situation. The Committee reiterates its requests to the Government to provide information on the legal situation of migrant workers who have lawfully resided in the country and who have lost their employment prematurely and to indicate how such workers enjoy equal treatment with nationals in the areas of security of employment, the provision of alternative employment, relief work and retraining.

Article 9(1) and (2). Equality of treatment of migrants in an irregular situation. Noting that the Government’s report does not contain information in this regard, the Committee requests the Government to provide information, including reference to the relevant legislation, on the measures taken to ensure that migrant workers in an irregular situation enjoy equality of treatment with regularly admitted and lawfully employed migrants in the country in respect of the rights arising out of past employment, as regards remuneration, social security and other benefits. The Committee further requests the Government to provide information on cases concerning breaches of equality of treatment of migrants in an irregular situation brought before the courts and the final decisions handed down including with respect to trafficked persons.

Article 9(3). Costs of expulsion. The Committee notes the provisions regarding unlawful residence and expulsion in the Law of Foreigners 2008, and notes that pursuant to section 56 the costs of escort to a diplomatic or consular mission or to the shelter, or the state border, are to be borne by the foreigner who is escorted. If a foreigner does not have resources, the employer who engaged the foreigner without an appropriate permit and the person who is obliged to bear the cost of his or her stay in the Republic of Serbia, are to bear the costs jointly. If the costs cannot be paid by them, they are to be borne by the State. The Committee underlines that according to Article 9(3) in case of expulsion of the worker or his or her family, “the cost shall not be borne by them”. The Committee draws the Government’s attention to paragraph 310 of the 1999 General Survey on migrant workers according to which a “clear distinction should be made between: (a) the case where the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her ... in which case the cost of his or her return as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) the case where the migrant worker is in an irregular situation for reasons which can be attributed to him or her, in which case, only the costs of expulsion may not fall upon the migrant”. The Committee also considers that costs of surveillance constitute administrative costs within the context of escorting the migrant worker to the frontier that must be borne by the State which wishes to ensure that the worker and his or her family actually leave the country following a decision to expel (see General Survey, op. cit., paragraph 311). The Committee requests the Government to indicate the costs borne by migrant workers in all the instances in which they can be expelled from the territory, and to indicate the legal provisions in this regard. The Committee also requests the Government to take the necessary measures to amend section 56 of the Law on Foreigners so as to ensure that at least the costs arising out of placing a foreigner under supervision are not borne by the migrant worker. The Committee requests the Government to provide information on any development in this regard.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes that the Government refers in its report to the Law against Discrimination which prohibits discrimination in employment and occupation on the basis of a wide range of grounds, including citizenship (sections 2(1) and 16). Acknowledging the importance of legislation prohibiting discrimination and providing for procedures against discrimination, the Committee notes that equality of opportunity and treatment between nationals and migrant workers also needs to be ensured in practice. An active policy to secure acceptance and observance of this principle and to assist migrant workers and their families to make use of the equal opportunities offered to them is also needed. The Committee requests the Government to take the necessary steps to formulate and implement a national policy on equality of opportunity and treatment with respect to employment and occupation, social security, trade union and cultural rights and individual and collective freedoms, and to seek cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of the policy for persons who as migrant workers or as members of their families are lawfully within its territory. Please also provide information on any complaints dealt with by the labour inspectorate and the courts regarding discrimination against migrant workers. The Committee also requests the Government to provide all relevant information (legal texts, policy measures, studies and surveys) in reply to the questions in the report form regarding the application of Article 12 of the Convention.

Article 14. Free choice of employment and permissible restrictions. The Committee notes that pursuant to the Law on Foreigners 2008, foreign nationals may be employed if they have a permanent or temporary residence permit and have the authorization for employment. The Committee notes the conditions set out in the draft Law on Employment of Foreign Citizens regarding access to the labour market and permission to work, which are, to a large extent, similar to those in the Law on Conditions for Employment of Foreign Citizens. It notes, in particular that member States of the European Economic Area (EEA) and Switzerland will have free access to the labour market and that work permits for other foreign nationals continue to be issued on the basis of “personal work permits”, “work permits for employment” and “work permits for special cases of employment”. Foreigners employed with a “personal work permit” (i.e. those with permanent residency, refugees and specific categories of foreign nationals) have free choice of employment and exercise of employment rights, while the “work permit for employment” is issued at the request of the employer for the duration of the planned employment period which cannot exceed the duration of the temporary residence granted to the foreign national. Work permits for special cases of employment are issued for seasonal work and posted workers, among others. Recalling that pursuant to Article 14(a) of the Convention, migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to provide information on the number of migrant workers employed with a work permit for employment, including the time during which they have been employed. Please indicate any restrictions regarding the free choice of employment imposed on foreign nationals working under such permits for a period exceeding two years. The Committee also requests the Government to indicate the categories of employment or functions in the state institutions and administrative departments to which access is restricted for migrant workers.

Parts III to V of the report form. Practical application and enforcement. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including information on the outcome of inspection activities and on the number and nature of contraventions reported and penalties imposed, and the number and nature of complaints addressed to the courts relating to violations of the relevant legislation. The Committee also requests the Government to provide information to give a general appreciation of the application of the Convention, including any research or surveys undertaken on the situation of migrant workers in the country, as well as information on the activities undertaken by the various authorities involved in the development and implementation of the migration management strategy and the strategy for combating irregular migration, relevant to the application of the Convention, and the results achieved. Please also provide information, disaggregated by sex and nationality, on the number and categories of migrant workers employed in Serbia and their main occupations, and the number of nationals employed abroad, as well as statistics on emigration and immigration of workers, including those in an irregular situation.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments made by the Confederation of Autonomous Trade Unions of Serbia (CATUS), which were attached to the Government’s report.

1. Information on the points set out in the report form. The Committee recalls its previous comments in which it noted the recent changes in legislation and migration trends experienced in the country and the need for full information enabling the Committee to assess the manner in which the Convention is applied. The Committee notes that a national strategy on external migration is being envisaged which would deal with the conditions of social and economic reintegration of migrant returnees and their families, in particular of young persons and those with professional qualifications. The Committee also notes from the Government’s report on the Migration for Employment Convention (Revised), 1949 (No. 97) that a law on employment of foreign citizens in Serbia and a law on conditions for the movement and stay of foreign citizens will be completed in 2008. Noting that the Government’s report does not provide any further information regarding the application of the Convention, the Committee reiterates its request to the Government to supply full particulars, including the specific provisions of the relevant legislation, on each of the Articles of the Convention and on each of the questions set out in the report form. Please also provide a copy of the new legislation on foreign citizens and of the national strategy on external migration, including information on its implementation, once adopted.

2. Article 1. Protection of basic human rights. The Committee recalls its previous comments regarding the treatment, including under the law on the movement and stay of foreigners, of victims of trafficking and refugees and the need to protect their basic human rights in so far as they are workers employed outside their home country. Noting that the Government’s report does not provide any further details on this point, the Committee reiterates its request to the Government to provide information on the practical measures taken, and their effectiveness, to ensure respect for the basic human rights of all migrant workers, including refugees and trafficked persons.

3. Articles 2 and 9. Identifying illegal employment and migration in abusive conditions and rights of migrant workers in an irregular situation. The Committee notes the concern expressed by CATUS regarding effects of undeclared work, currently not reflected in the national statistics, on the workers concerned and their lack of protection concerning their basic labour rights. The Committee asks the Government to indicate the measures taken to collect data, disaggregated by sex and origin, on migrant workers engaged in undeclared work and to protect their basic human rights as well as their rights arising out of past employment with respect to remuneration and social security.

4. Article 8. Right to remain in the country after loss of employment. The Committee notes the Government’s statement that persons who have been compulsorily insured in case of unemployment and who have been discharged from work are entitled to monetary compensation upon termination of employment, if the employment was terminated without the will or fault of the employee. While appreciating this information, the Committee notes that Article 8 aims to protect migrant workers from having their residency permit revoked when losing their employment prematurely. The Committee therefore asks the Government to provide information on the effect on the legal situation of migrant workers who have legally resided in the country on the loss of their employment and to indicate how such workers enjoy equal treatment with nationals in the areas of security of employment, the provision of alternative employment, relief work and retraining.

5. Article 9. Equality of treatment of migrants in an irregular situation. With reference to its previous comments concerning the rights of women migrant workers reported as working in bars and restaurants in irregular situations, the Committee must reiterate its previous request to the Government to provide more information on the measures taken to ensure that these women enjoy equality of treatment in respect of rights arising out of past employment as regards remuneration, social security and other benefits with regularly admitted migrant workers. It also asks the Government to provide details of any civil proceedings brought by irregular status migrant workers, including trafficked persons, to claim their rights arising out of past employment.

6. Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the Law on Employment and Insurance in the Case of Unemployment ensures equality of jobseekers in the employment process regardless of race, colour of skin, nationality, ethnic origin, language, religion or any other circumstances that might be a ground for discrimination. Those who think themselves to be discriminated against during the employment process can require an indemnity from the employer before the court. The Committee asks the Government to provide more information on the practical application of provisions of the Law on Employment and Insurance in the Case of Unemployment, including any complaints dealt with by the courts regarding discrimination of migrant workers. The Committee also reiterates its previous request to the Government to indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form with respect to Articles 10 and 12 of the Convention. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics) concerning measures to combat discrimination against women migrant workers.

7. Part V of the report form. The Committee reiterates its request to provide information on the manner in which the Convention is applied in practice, as requested under this Part of the report form, and information, disaggregated by sex and nationality, on the number and categories of migrant workers employed in Serbia and their main occupations, and the number of nationals employed abroad.

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

1. The Committee notes the first report of the Government of Serbia and Montenegro. In particular it notes the dramatic changes experienced by the country in terms of migration. It notes that at the time of ratification of the Convention by the Socialist Federal Republic of Yugoslavia in 1981, it was predominantly a country of emigration, reporting little illegal employment or migration for employment in abusive conditions. However in the space of a number of years, it is now home to hundreds of thousands of refugees from former Yugoslav republics and a country of origin, transit and destination for possibly large numbers of migrants in abusive conditions. The Committee notes that certain laws that applied the Convention under the Socialist Federal Republic of Yugoslavia remain in force but that a number of new laws have also been adopted, such as the Constitutional Charter of the State Union of Serbia and Montenegro, 2003, the Labour Act of 2001 and the Act on Employment and Unemployment Insurance of 2003. In the light of recent changes in legislation and migration trends, the Committee considers that the Government needs to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form, so as to enable the Committee to assess the manner in which the Convention is applied. It further asks the Government to provide in its next report information on the following points.

2. Article 1. Protection of basic human rights. The Committee notes from the Report of the Special Representative of the Commission on Human Rights on the Situation of Human Rights in Parts of South-Eastern Europe (E/CN.4/2003/38, paragraph 47) that, despite some progress made, the acquisition of citizenship by refugees does not lead in itself to full integration and the enjoyment of basic human rights, and the country is reported to be increasingly a country of origin or final destination for trafficked persons (E/CN.4/2003/38, paragraph 53). In this context, it also notes from the Government’s report to the UN Human Rights Committee that the Government is treating victims of trafficking less as perpetrators of offences under the Act on the Movement and Stay of Foreigners, which seemingly led to their deportation to countries of origin, and more as victims of crime (CCPR/C/SEMO/2003/1, paragraph 270). Recalling that the Convention covers all migrant workers, including trafficked persons and refugees and displaced persons, in so far as they are workers employed outside their home country, the Committee asks the Government to provide information on the practical measures taken, and their effectiveness, to ensure respect for the basic human rights of all migrant workers, including refugees and trafficked persons. Please also provide information on whether the recent actions that the Government has reported on (see above) have led to improved protection of the basic human rights of trafficked persons.

3. Article 2. Identifying illegal employment and migration in abusive conditions. The Committee notes from the Government’s report to the UN Human Rights Committee that a number of migrant women work under abusive conditions (CCPR/C/SEMO/2003/1, paragraph 270). It asks the Government to provide more information on the measures adopted to determine systematically (i) whether there are illegally employed male and female migrant workers in the country and (ii) whether there depart from, pass through or arrive in the country migrants for employment in abusive conditions.

4. Article 8. Right to remain in the country after  loss of employment. The Committee notes from the Government’s report that the application of this Article concerns mainly Yugoslav nationals abroad. The Committee considers in the light of the recent changes in migration patterns in the country that the application of Article 8 must be ensured in the country and asks the Government to provide information on the effect on the legal situation of migrant workers who have legally resided in the country on the loss of their employment and how such workers enjoy equal treatment with nationals in the areas of security of employment, the provision of alternative employment, relief work and retraining.

5. Article 9. Equality of treatment of migrants in an irregular situation. Noting the number of women migrant workers reported as working in bars and restaurants in irregular situations (CCPR/C/SEMO/2003/1, paragraph 271), the Committee asks the Government to provide more information on the measures taken to ensure that these women enjoy equality of treatment in respect of rights arising out of past employment as regards remuneration, social security and other benefits with regularly admitted migrant workers. It also asks the Government to provide details of any civil proceedings brought by irregular status migrant workers, including trafficked persons, to claim their rights arising out of past employment.

6. Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee recalls that in its 1999 General Survey on migrant workers it emphasized that the extent, direction and nature of international labour migration has undergone significant changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). It would therefore be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form with respect to Articles 10 and 12 of the Convention. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics) concerning measures to combat discrimination against women migrant workers.

7. Part V of the report form. Practical application. The Committee hopes that, in addition to information on the manner in which the Convention is applied in practice, as requested under this Part of the report form, the Government will soon be in a position to supply information, disaggregated by sex and nationality, on the number and categories of migrant workers employed in Serbia and Montenegro and their main occupations, and the number of nationals employed abroad.