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

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

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.