Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - Portugal (Ratification: 1978)

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

1. The Committee notes from the Government’s report that those who may benefit from the National Health Service are not only citizens of Portugal but also nationals of European Community countries, stateless persons, political refugees and nationals of other States with whom there is a reciprocal regime. Recalling that under paragraph 1 of Article 6, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, 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 Article, the Committee would be grateful if the Government would further comment on the situation of third-country nationals who do not belong to the categories abovementioned, particularly in respect of social security. The Committee also would appreciate if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

2. In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placement and conditions of labour of migrants. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading propaganda.

3. The Committee asks the Government to continue providing statistics on Portuguese nationals working abroad, and the countries of origin of foreigners employed in Portugal and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.