Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 14(a) of the Convention. Restrictions on employment and geographical mobility. The Committee recalls its previous observation in which it urged the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977, issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. While noting the Government’s statement that Decree No. 77-45 of 4 March 1977 is obsolete, the Committee remains concerned that the failure to repeal Decree No. 77-45 gives rise to ambiguity in terms of the legal provisions to apply the Convention, and raises particular difficulties in the application of Article 14(a) of the Convention under which migrant workers lawfully in the country should enjoy geographical mobility in the same conditions as nationals. The Committee therefore once again urges the Government to adopt without delay the necessary measures to repeal Decree No. 77-45 of 4 March 1977 and to communicate the relevant text to the Office.

The Committee is raising other points in a request addressed directly to the Government.