Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information supplied by the Government in its report.

1. 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 therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also 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.

2. The Committee takes note of the creation, in 2001, of a special unit within the Ministry of Labour and Industrial Relations to combat the exploitation of foreign workers. It would be grateful if the Government would provide information on the results achieved, particularly with respect to the assistance provided to migrant workers in the event of litigation against their employer.

3. In view of the growing role of private employment agencies in the international migration process, the Committee requests the Government to indicate the measures taken or envisaged to regulate the activities of these agencies in order to protect migrant workers from abuses and disinformation. Please also specify the penalties that are applied in case of infringement, particularly with regard to misleading propaganda.

4. Article 4 of the Convention. The Committee notes the information supplied by the Government with respect to section 4(3) of the Recruitment Act, No. 39 of 1993, noting that the Act has still not been amended. According to section 4(3), in order to approve the recruitment of a worker for employment abroad the responsible minister shall examine the candidate’s record for the past ten years. The Committee refers to its previous comments and hopes that the Government will keep it informed on the measures adopted to correct this situation.

5. Article 6, paragraph 1. The Committee asks the Government to supply information concerning the implementation of its policy on equal treatment between foreign and national workers in all the matters covered by this provision, particularly in respect of remuneration, accommodation and other working and living conditions. In addition, the Committee would appreciate if the Government would keep it informed of national practices regarding the payment of migrant workers and whether measures are envisaged to put an end to the compulsory payment of migrant workers’ wages directly to their country of origin, in particular with respect to China.

6. In light of the growing feminization of international migration for employment, the Committee would be grateful if the Government would send all available information (such as reports, studies, statistics, etc.) on efforts to eliminate discrimination against female migrant workers. Please also supply information regarding any reported violations of the national legislation in force.