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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Portugal (Ratification: 1978)

The Committee notes the information supplied in the Government’s report.

1. The Committee notes the adoption of amendments to the regime governing the entry, stay, exit and repatriation of foreigners on Portuguese territory since the Government’s last report. The Committee therefore asks the Government to provide detailed information on the implementation of the new provisions of law or regulations adopted. It also would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national migratory policy and legislation.

2. Regarding penal rules in case of aid to illegal entry and stay in the national territory, the Committee notes the information supplied by the Government in its last report. It also notes that with Decree-Law 4/2001 a new type of crime was created: that of recruiting illegal immigrants for work, with the intention of making profits. A person guilty of such a crime will be sentenced to one to four years’ imprisonment, and if the crime is committed repeatedly, to two to five years. Attempt is also punishable. The responsibility of the employer is also strengthened: an enterprise that employs an illegal worker is subject to the payment of a fine, which depends on the size of the enterprise. The Committee requests the Government to supply information on the impact of the new provisions aimed at penalizing the illegal recruitment and employment of migrant workers. The Committee asks the Government to indicate whether courts of law or other tribunals have given decisions regarding the abovementioned measures. If so, please supply the text of the decisions.

3. The Committee notes the Government’s intention to provide data on the costs of expulsion of a migrant worker. The Committee also would be grateful if the Government would provide information on the procedure involved as well as the number of expulsion orders, together with data on the presence of illegal immigrants in Portugal. In this respect, please also include information on readmission agreements concluded with other States.