Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C097

Observation

2012

Direct Request

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Article 1(a) of the Convention. Information on national policies, laws and regulations. In its previous comments, the Committee requested the Government to continue providing information on the effect given to the new Migration Act and its implementing regulations, and particularly on the operation of and the measures adopted by the National Migration Board. The Committee notes the Government’s indication in its report that, by Decision No. 576 of 29 August 2016, the President of the Republic approved the Framework Document on Migration Policy in Uruguay prepared by the National Migration Board. The Committee notes that the document sets out the objectives, principles and general strategic priorities of the national migration policy and defines four principal elements of migration policy in relation to the various population groups, namely: (i) the population resident in Uruguay with a high propensity to migrate, such as younger persons and those with a higher educational level (the policy of retention); (ii) the foreign immigrant population (the immigration policy); (iii) the Uruguayan population of returnees and repatriated persons (the return policy); and (iv) the Uruguayan population resident abroad, whether or not they are potential returnees (the loyalty policy). The Committee notes in particular that, according to the Framework Document, the immigration policy is intended, among other objectives, to optimize the integration into the labour market of immigrants under equal conditions with persons of national origin and to combat discrimination towards them. The Committee also notes the Government’s indication of the adoption of Act No. 19254, of 28 August 2014, which grants permanent residence to foreign nationals who are spouses, partners, parents, brothers or sisters and/or nieces or nephews of Uruguayan nationals, and to the nationals of member States of MERCOSUR and associated States, and of Act No. 19362, of 31 December 2015, which establishes the right to naturalization as citizens to the children of Uruguayan nationals born outside the national territory. The Committee also notes the Government’s indication that the National Migration Board is in the process of amending Decree No. 394 of 24 August 2009 issued under the Migration Act No. 18250, of 6 January 2008, with a view to updating the current rules on migration. The Committee further notes the Government’s indication of the obstacles encountered in the implementation of the Migration Act, and particularly the challenges related to the reinforcement of a comprehensive and transversal approach to migration and the need to continue improving the articulation of migration policy with national public policies in various areas, including labour, education, health and social security. The Committee requests the Government to continue providing information on the effect given to the Migration Act, the measures adopted or envisaged to overcome the obstacles encountered in the implementation of the Migration Act and any developments in the current review process. Please also continue to provide information on any progress made in the adoption of migration legislation or policies.

Article 1(c). Information concerning general agreements and special arrangements. The Committee notes the extensive information provided by the Government on the various social security migration agreements concluded with other States, including France, Switzerland, Germany and Luxembourg. It also notes the information on the various agreements on exemption from the requirement for visas and on agreements for the development of “Work and Vacation” programmes concluded with France and Germany. The Committee further notes the Government’s indication that the National Migration Board has submitted proposed regulations for examination by the Government which would make it easier to grant legal residence to foreign nationals unlawfully within the country and who are in a situation of particular vulnerability. While taking due note of the information provided, the Committee requests the Government to continue providing information on the general agreements and special arrangements concluded by the Government, as well as copies of such agreements.

Articles 2 to 4 and 7. Services and assistance to migrant workers. The Committee recalls that, in its previous comments, it noted, among other elements, that the Director-General for Consular Matters and Liaison is responsible for coordinating the national policy on liaison and return issues regarding immigrants through the Return and Welcome Office of the Directorate for Liaison, and it requested the Government to provide information on the operation of these entities and the services that they provide. The Committee notes the extensive information provided by the Government on the activities undertaken by these bodies, and particularly the various services provided to Uruguayan nationals abroad, including assistance for their return, guidance and advice, and the defence of their rights. The Committee also notes that Decision No. 61 of the Ministry of Labour and Social Security, of 10 May 2017, established the Migration Unit with the objective of promoting decent work for migrants and taking action in the medium term in relation to the policy of labour migration. The Government adds that public employment centres and technical employment centres have been established with responsibility for providing, free of charge, vocational guidance and placement services, as well as vocational training, to all men and women workers, including migrant workers. The Committee notes that, according to the statistical data provided by the Government, in 2016 and 2017, immigrants accounted for 3.5 and 3.6 per cent, respectively, of the total number of beneficiaries of these services and that, according to the latest population census of 2011, immigrants account for 2.4 per cent of the total population. The Committee requests the Government to continue providing information on the services and assistance provided to migrant workers, including information on a number of beneficiaries of the services provided by public employment centres and technical employment centres. Please also provide information on the assistance and information services intended specifically for women migrant workers, and particularly to combat the provision of false information on employment opportunities and conditions of employment.

Article 6. Equality of treatment. The Committee notes the Government’s indication in this regard that: (1) in 2013, the “UTU without borders” was established with a view to facilitating the social and labour integration of migrants arriving in Uruguay through the accreditation of knowledge and the recognition of skills acquired abroad, even in the absence of certification; (2) in 2013, the guide “Living in Uruguay” was published for immigrants to provide information on the requirements to work and for access to social security, health services and justice in the country; (3) various information and awareness-raising activities have been undertaken, including the production of information brochures on the rights and obligations of migrant workers, and training has been undertaken by the Government for public officials with a view to promoting equality of treatment for migrants; and (4) the “Proposals for the protection and equality of treatment of immigrant workers in Uruguay” were approved by the management of the Social Welfare Bank by Decision No. 3-42/2011, of 9 February 2011, and include the examination and proposal of solutions for situations involving discriminatory treatment of migrant workers, particularly in the domestic work, rural and construction sectors. The Committee takes due note of this information and requests the Government to continue providing information on the effect given in practice to Article 6 of the Convention, including information on any relevant rulings by the ordinary or other courts and the number and nature of the violations reported by the labour inspection services. The Committee also requests the Government to provide information on any studies and proposals made within the framework of Decision No. 3-42/2011 of the management of the Social Welfare Bank with a view to guaranteeing equality of treatment of migrant workers in social security, particularly in the domestic work, rural and construction sectors. Please also continue providing information on any further awareness-raising or other measures adopted with a view to promoting the application of the principles of the Convention.

Statistical information. The Committee notes that the Framework Document on Migration Policy in Uruguay envisages the reinforcement of an integrated statistical information system on migration for the purposes of research and the design, implementation, evaluation and adjustment of migration policy and the programmes implemented in that context. The Committee requests the Government to continue providing statistical information, disaggregated by sex, on migration flows to and from Uruguay, including the country of origin and sector of activity of immigrant workers.

Annex I. Private employment agencies. The Committee notes the Government’s indication that Decree No. 137/016 was adopted in 2016 under Act No. 17692 on the ratification of the Private Employment Agencies Convention, 1997 (No. 181), and it refers to its comments on the application of that Convention.

Monitoring and enforcement. The Committee notes the Government’s indication that the labour inspection services takes a special interest in migrant workers, and also inform them of their labour rights. The Committee also notes the Government’s indication that, if there is no evidence of registration with the Social Welfare Bank, the State Insurance Bank or inclusion in the personnel, the inspection services penalize the worker for the violation and, in more serious situations of illegal work, may refer the case to the criminal justice system. In this regard, the Committee recalls that sanctions against migrant workers in an irregular situation often preclude them from enjoying their rights provided for in the Convention and claiming redress for any violations (General Survey concerning the migrant workers instruments, 2016, paragraph 520). The Committee requests the Government to continue providing information on the outcome of the activities of the labour inspection services in relation to migrant workers, and particularly the penalties imposed on employers for failure to comply with the Migration Act and its implementing regulations.