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

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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.

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Article 1 of the Convention. General agreements and special arrangements. The Committee notes that during the period covered by the report the following agreements were concluded: agreements with Brazil regarding the provision of health services; the Ibero-American Multilateral Agreement on Social Security; and bilateral agreements on social security with Austria, Belgium, France, Luxembourg, the Netherlands and Switzerland. Furthermore, the National Directorate for Social Policies at the Ministry of Social Development signed an agreement with the International Organization for Migration (IOM) in February 2011 with the aim of establishing a legal reference framework to raise awareness of the situation of the immigrant population. The Committee requests the Government to continue to provide information on migration agreements concluded with other States.

Articles 2 and 4. Assistance services for migrant workers. The Committee notes that under the terms of section 12 of the Migration Act, all migrants shall be entitled to information provided by the State on their rights, duties and guarantees, especially regarding their status as migrants. Chapter XIV refers to Uruguayan nationals abroad, and section 73 in particular establishes that the Ministry of External Relations, through the Directorate-General for Consular Matters and Liaison, shall be responsible for coordinating national policy on liaison and return issues regarding migrants. The Directorate formulates and implements this policy through the External Service of the Republic and encompasses the Return and Welcome Office and the Directorate for Liaison, which have links with civil society organizations inside and outside the country, such as the support network for migrants in Uruguay and the advisory councils for Uruguayans resident abroad, the latter being recognized in section 74 of the Migration Act. The objective of the support network for migrants is to undertake multidisciplinary work with various organizations working on migration and its structure includes government bodies, international organizations, the university, the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) and civil society. The Migration Act also establishes facilities for Uruguayans who decide to return to the country. The Committee requests the Government to provide information on the operation of these entities, the services that they provide, particularly the type of information provided to Uruguayan migrant workers abroad and to foreigners working in Uruguay, and what steps are taken to ensure that such information actually reaches those it is intended for.

Article 6. Equal treatment. The Committee notes that section 7 of the new Migration Act states that foreigners who enter and remain lawfully on the national territory are guaranteed the right to the same treatment as nationals with regard to rights and obligations. Section 8 states that migrants and their families shall enjoy rights to health care, work, social security, housing and education on an equal footing with nationals. These rights shall receive equal protection in all cases. Section 16 states that migrants shall enjoy equality of treatment with nationals as regards employment. Section 19 states that foreigners in the “permanent resident” category may take up dependent employment or self-employment under the protection of the labour legislation in force. Similarly, those in the “temporary resident” category may take up employment under the same conditions during the period of residence that has been granted. Section 18 states that migrants shall enjoy, with regard to social security, the same treatment as nationals provided that they comply with the relevant provisions of Uruguayan legislation and of ratified bilateral and multilateral instruments. In addition, section 3 of Decree No. 394/2009 provides that migrants shall have the same labour rights as nationals with regard to admission to employment, remuneration, conditions of work and access to the means of vocational training. The legislation also provides that workers who have complied with contribution requirements are entitled to unemployment benefit, sickness benefit, maternity leave and family allowances. The Committee requests the Government to provide information on the implementation of all these provisions in practice and of any other provisions relating to the matters covered by Article 6 of the Convention. The Committee also requests the Government to provide information on the adoption of a government policy on equal treatment for foreign and national workers and on any other specific measures addressing the problems faced by migrant workers.

Article 8. Non-return in the event of sickness or accident. The Committee notes the Government’s reference to sections 8 and 18 of the Migration Act mentioned above. It adds that section 43 of the Act provides that migrants shall enjoy equality of treatment with regard to nationals in relation to social security and specifically concerning the requirements for admission and entitlement to benefits in all contingencies protected by the legislation in force. Act No. 16713 refers to the contingencies covered, including invalidity, old-age and survivors’ benefits. The Government adds that under section 19(c) of the Act, resident workers, irrespective of their nationality, who have fulfilled the previous contribution requirements established by the legislation are entitled to benefits for total incapacity. The Government affirms that the right of residence is not lost as a result of becoming incapacitated for work.

Statistical information. The Committee notes the extensive and detailed statistical information compiled by the National Directorate for Migration, which makes it possible to assess developments in the situation of workers entering and leaving the country over the years. The Committee notes that of 1,071 residence permits granted in 2011, 395 were granted to Argentine citizens, 200 to Brazilians, 33 to Chileans, 72 to United States citizens and 147 to Europeans. The Committee notes that out of 415 male workers aged 14 years or over, 15.4 per cent were technical professionals, 15.7 per cent were administrators or managers, 15.2 per cent were office employees and 21 per cent were engaged in commerce. Of 255 female workers aged 14 years or over, 20.9 per cent were technical professionals, 16.7 per cent were engaged in commerce, 13.3 per cent were office employees and 10.7 per cent were administrators or managers. The Committee also notes the information contained in the 2011 Migration Profile for Uruguay prepared by the United Nations Development Programme for the IOM. The Committee notes that, according to the Profile, the Ministry of External Relations, through the Return and Welcome Office, collects information on immigrants by means of a questionnaire on socio-demographic characteristics. The Committee requests the Government to continue to provide statistical information on immigrants, disaggregated by sex, country of origin and sector of activity, and also any available information of the same type concerning Uruguayan workers abroad.

Parts III and V of the report form. The Committee again requests the Government to provide information on the results of the work of the labour inspectorate with respect to migrant workers, particularly as regards penalties imposed on employers for non-compliance with the Migration Act and its implementing regulations. The Government is also requested to provide information on the activities of the Commission on Migration Issues.

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Article 1 of the Convention. Developments in national legislation, policies and agreements. The Committee notes with interest the promulgation of the Migration Act (No. 18250 of 6 January 2008) and its implementing regulations (Decrees Nos 394/2009, 330/2008, 357/2008 and 559/2008). The Government indicates that these provisions constitute a legislative framework with the aim of establishing a human rights policy for migration, regulating the admission, entry, residence and departure of persons to and from the national territory on the basis of the recognition of equal rights of migrants in relation to Uruguayan nationals regarding health, work and social security. The Act provides that the State shall promote the social and cultural integration of migrants within the national territory and their participation in public decision-making and also their inclusion in the education system (section 13) and shall provide monitoring for Uruguayan workers who have emigrated (Chapter V). Section 24 of the Act provides for the establishment of the National Migration Board as the advisory and coordinating body for migration policies formulated by the Executive Authority. Section 63 of Decree No. 394/2009 establishes the functions of this Board. Section 26 establishes the Advisory Council on Migration composed of the social and trade union organizations concerned with the subject of migration, whose function is to advise the National Migration Board on subjects relating to immigration and emigration, the formulation of migration policies and the monitoring of compliance with the applicable regulations in force. The Committee notes with interest the ratification on 14 June 2012 of the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to continue to provide information on the implementation of the new Migration Act and its implementing regulations, particularly the operation of and the measures adopted by the National Migration Board. The Committee requests the Government to provide information on any obstacles encountered in the implementation of the Act and the measures taken to overcome them.

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

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1. Article 1 of the Convention. Information on policies, national legislation, and general agreements. The Committee notes that the Committee on Migration Affairs worked on the drafting of a Migration Bill, currently before Parliament, which, if approved, will constitute the new national legislative framework within which to establish a human rights policy that will include the topic of migration. The Bill lays down equality of treatment between foreign and national workers, including in social security, and incorporates the principle of the Free Residence Agreement for nationals of the member States of MERCOSUR, Chile and Bolivia with a view to facilitating formalities in accordance with the commitment made by the State of Uruguay to grant temporary residence to nationals of these States and their family members. The Committee further notes that in the period covered by the report, agreements have been concluded with neighbouring countries such as Brazil and Argentina and that there are international social security agreements concluded within the framework of the Ibero-American Social Security Agreement. The Government also indicates that through the Standing Committee on the Multilateral Agreement of MERCOSUR, computerized data transmission systems are being developed and put into operation between the member countries as a means of facilitating the management of the instruments protecting migrant workers, and that further work is being done on the regulations to implement the Multilateral Agreement of MERCOSUR. The Committee requests the Government to keep it informed on the adoption of the Migration Bill and to provide a copy as soon as it becomes law. Please also continue to provide information on any general agreements and special arrangements regarding migration as well as any obstacles encountered in their implementation.

2. Article 6. Equal treatment. The Government states in its report that there is no unequal treatment for foreigners as compared with nationals. It also states that, in the interests of complying with Article 6, it has ratified the Seafarers’ Identity Documents Convention, 1958 (No. 108), the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) and the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and that in Uruguay, non-discrimination on grounds of sex, nationality, race or religion has been a constant and a generally accepted principle. The Committee further notes that a trade union seminar on migrant women and domestic workers was organized in Montevideo from 5 to 9 December 2005 by the International Training Centre of the ILO with the participation of women trade union officials involved in subregional integration among the Andean countries and MERCOSUR countries. The Committee requests the Government to provide more specific information on the implementation of the Government’s policy on equal treatment for foreign and national workers, in all fields covered by Article 6 of the Convention. Please also continue to provide information on the specific action taken to address the concerns of women migrant workers.

3. Article 8. The Committee notes that, according to the report, the right to residence is not lost in the event of incapacity for work and that it is possible to become a beneficiary of an incapacity pension. The Committee would be grateful if the Government would indicate the legislation that lays down these rights and provide information on its application in practice.

4. Statistical information. The Committee notes that the Government is seeking to establish homogeneous criteria for the collection of statistics and hopes that in its next report it will be in a position to provide information on progress. The Committee would appreciate receiving statistical information disaggregated by sex, place of origin and sector of activity on the number of migrant workers in Uruguay, together with any available information on Uruguayan workers abroad.

5. Activities to integrate migrant workers. The Committee notes that research was continued on border workers, a specific action plan was proposed to facilitate the movement and integration of “intraMERCOSUR” workers, and a proposal was made for a plan covering the entire region. The Committee would be grateful if the Government would provide copies of the research on border workers and the action plan to facilitate the movement and integration of “intraMERCOSUR” workers.

6. The Committee would be grateful if the Government would send the relevant results of the work of the labour inspection services and the National Committee on Migration Affairs.

7. Private agencies. The Committee recalls its previous request on the increasingly important role of private recruitment agencies. In the absence of any further information on this point, the Committee reiterates its request to the Government to indicate the measures which have been adopted or are envisaged to regulate the activities of private agencies or to promote self-regulation with a view to protecting migrant workers against abuses, and the sanctions imposed in the event of infringements, particularly related to misleading propaganda.

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1. The Committee notes the information provided in the Government’s reports.

2. In its 1999 General Survey on migrant workers, the Committee noted that, since the adoption of the Convention, there had been significant changes in international migration for employment in terms of the numbers involved and the direction and nature of migration (see paragraphs 5-17 of the General Survey). The Committee therefore requests the Government to provide copies of any new laws or regulations which have been adopted, as well as up-to-date information on its policy on emigration and immigration, and in reply to the questions contained in the report form concerning the Convention. The Committee would also be grateful if the Government would indicate the manner in which current trends in migratory flows have affected the content and application of its policy and its national legislation respecting emigration and immigration.

3. In view of the fact that private agencies are playing an increasingly important role in the process of international migration, the Government is requested to indicate whether this development has affected the application of Annexes I and II of the Convention, which address the recruitment, placing and conditions of labour of migrants for employment recruited other than under government-sponsored arrangements for group transfer, and of migrants for employment recruited under Government-sponsored arrangements for group transfer. In the affirmative, the Committee would be grateful if the Government would indicate the measures which have been adopted or are envisaged to regulate the activities of private agencies or to promote self-regulation with a view to protecting migrant workers against abuses, and the sanctions imposed in the event of infringements, particularly related to misleading propaganda.

4. The Committee requests the Government to provide information on the application in practice of its policy of equality of treatment between nationals and migrant workers with regard to the matters enumerated in Article 6, paragraph 1(a), (b), (c) and (d), of the Convention. Recalling that, in accordance with paragraph 1 of this Article, each State which has ratified the Convention undertakes to apply to immigrants, without discrimination in respect of nationality, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this paragraph, the Committee would be grateful if the Government would indicate the measures which have been adopted or are envisaged to ensure that women migrant workers are treated on an equal footing with male workers, both foreign and national, with regard to their working and living conditions, social security, employment taxes and access to legal proceedings, taking into account the constantly increasing proportion of women migrant workers (see paragraphs 22, 23 and 658 of the General Survey).

5. Article 8. In view of the fact that this provision was one of those referred to most frequently by governments, due to the difficulties of application to which it gives rise, on the occasion of the General Survey (paragraphs 600-608), the Committee would be grateful if the Government would provide information on the application in practice of the maintenance of the right of residence in the event of incapacity for work of migrant workers admitted on a permanent basis.

6. With regard to the report received by the ILO on 4 September 2000, the Committee requests the Government to indicate whether a cooperation agreement has been concluded between the delegation of Argentina and the IOM (International Organization for Migration) with a view to undertaking dynamic studies of the labour market.

7. The Committee would also be grateful if the Government would provide information on the action that is being taken in practice to promote integration, and on any difficulties of a practical nature encountered in the application of the Convention.

8. Finally, the Committee requests the Government to report on the relevant results of the activities of the labour inspection services and the National Commission for Migration Affairs, established by Decree No. 284/997 of 13 August 1997. It also requests the Government to indicate whether ordinary courts and other tribunals have issued rulings on questions of principle relating to the application of the Convention. If so, please provide the texts of such rulings.

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The Committee takes note of the detailed information supplied by the Government in reply to its previous direct request. It asks the Government to continue to supply information on the practical application of the Convention, including as regards the issue of migrant workers which was examined in working group No. 11 in the development of the MERCOSUR agreement.

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The Committee notes the Government's report on the application of the Convention. It would be grateful if in its next report the Government would provide the information requested under point V of the report form along with all available statistics on the number, nationality and geographical and occupational distribution of migrant workers in Uruguay.