Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Migration for Employment Convention (Revised), 1949 (No. 97) - Cuba (Ratification: 1952)

1. Article 1 of the Convention. Information on policies and national legislation. In its previous direct request, the Committee asked the Government to indicate how modern trends have affected the application of its migration policy. The Government states that for several years in Cuba there has been no statistically significant number of migrant workers, so its migration policy remains unchanged. The Government also indicates that the legislation in force has not been amended either, and that it is made up of the following instruments, which are still in force: Act No. 1312 (Migration Act 1976); Act No. 1313 (Act on Foreigners 1976); Foreign Investment Act; Act No. 49 (Labour Code 1985); and Chapter III of the Constitution of the Republic of Cuba 1976. According to the Government, these provisions set requirements for entry to the country, temporary or permanent stay in the country, the responsibilities of state bodies responsible for dealing with foreigners and the measures that ensure prevention of unlawful human trafficking for the purpose of employment. Noting that it is possible to reside both temporarily and permanently for the purpose of work, the Committee invites the Government to provide statistical information on the number of foreign workers in Cuba in each category, by country of origin, sector of activity and gender. The Committee would also appreciate receiving statistical information on Cubans abroad, by destination, activity and gender.

2. Article 5. Medical services. The Committee recalls that the Convention provides that each Member for which it is in force undertakes to maintain appropriate medical services to ensure that migrants and members of their family enjoy adequate medical attention and good hygienic conditions at the time of departure, during the journey and on arrival in the territory of destination. The Government states in its report that its health system is sufficiently developed to meet the needs of the entire population. The Committee requests the Government to provide further information on the hygiene and epidemiological arrangements that exist for conducting international health checks in the country together with statistical and other relevant information on the practical arrangements of such programmes.

3. Article 6. Equal treatment. The Committee notes that, according to the Government, there are a number of legal provisions that safeguard equality of conditions for workers, including: Chapters III and VI of the Constitution of the Republic of Cuba, article 34 of which lays down equal protection for foreigners; article 42 of the Constitution, which forbids and sanctions by law discrimination on grounds of race, skin colour, sex, national extraction and religious belief, and any other discrimination that is an affront to human dignity. The Government further states that equal treatment in employment is established in sections 3 and 6 of the Labour Code. The Committee also notes the content of sections 1 and 2 of resolution No. 8 of 1 March 2005 (General Regulations on Labour Relations), which incorporates non-discrimination as a principle governing employment policy. Section 24 of the resolution establishes that “for posts or occupations the duties of which require the incumbent to comply with general or specific standards of conduct or, where appropriate, to have certain personal traits, no requirements may be established that discriminate on grounds of sex, skin colour, religion, political opinion, national extraction or social origin, or any other ground that offends against human dignity”. The Committee would be grateful if the Government would provide information on the application in practice of the abovementioned legal provisions, and on the measures to ensure that they are applied in practice with regard to migrant workers in respect of the items listed at Article 6(a) and (d) of the Convention. Please also provide information on the available means of redress.

4. Article 8. Non-return in the event of sickness or accident. The Committee notes that the Government states that incapacity for work of a foreign worker resident in the country does not affect the worker’s right to residence. According to the Government, in Cuba’s legislation on social security and occupational safety and health, there is no provision that could be cited for such a purpose since all provisions apply equally to both nationals and foreigners. The Committee points out that the obligation to guarantee continuity of the residence permit of migrant workers admitted on a permanent basis and members of their family in the event of sickness or accident is one of the most important provisions of the Convention. The Committee requests the Government to confirm in its next report whether migrant workers maintain their right to reside in the country when the migrant worker or his or her family represent a burden on public funds.

5. Annexes I and II. With regard to its previous comments concerning the regulation of private employment agencies, the Committee notes that according to the Government’s report there are no private recruitment agencies in Cuba. The Committee points to the growing importance of such agencies in the context of international migration. It requests the Government to keep it informed of any developments regarding the emergence of private employment agencies, to indicate whether it plans to regulate their activities or, if appropriate, to inform it of measures taken to encourage self-regulation with a view to protecting migrant workers against any abuse.

6. Parts III–IV of the report form. Practical information. The Committee would be grateful if the Government would continue to provide information on the practical effect given to the Convention. It would also appreciate information in the next report on the practical difficulties encountered in applying the Convention. Please also keep the Committee informed of any changes in the legislation and indicate whether the ordinary courts or any other courts have handed down decisions on matters relating to the application of the Convention, providing the texts thereof if this is the case.