Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the comments by the Confederation of Trade and Services (CCSO) and the General Union of Workers (UGT) dated 31 July 2007, emphasizing the importance of taking a transversal view of the problem of migration and promoting the integration of migrant workers by enhancing their rights, and particularly by guaranteeing the right to family reunification. The CCSO also stresses the urgent need for a cross-cutting approach to immigration based on: (a) the regularization of all immigrants; (b) the facilitation of legal immigration; and (c) immigration based on effective integration policies.

The Committee notes with interest the comprehensive legislative and policy measures taken since the Government’s last report to further strengthen its migration policy and the protection of the rights of migrant workers. The Committee notes in particular Act No. 23/2007 of 4 July 2007 and its implementing Decree of the same year which establish the legal framework for the entry, residence, departure and expulsion of foreign nationals, and provide for the possibility of granting a one-year residency permit to victims of trafficking, as well as the new legislation in the area of social security and non-discrimination. In addition, the Committee notes the National Action Plan for Inclusion for the period 2006–08, and the Immigration Integration Plan (PII) intended to promote the integration of immigrants into the country through various measures in the fields of employment, vocational training, housing, social security, the prevention of discrimination and the promotion of gender equality. According to the CCSO, the Plan provides a framework for the country’s objectives and undertakings with regard to policies concerning the reception and integration of immigrants. The Committee further welcomes the establishment of the High Commissioner for Immigration and Ethnic Minorities (ACIME) (2002) and the Committee to Administer the Framework Programme for Solidarity and Management of Migration Flows (2006). The Committee asks the Government to provide information on the measures taken or envisaged, including under the PII, to promote the effective integration of migrant workers, taking into account their concerns relating to family reunification, in accordance with Articles 12(e) and 13 of the Convention, and to facilitate migration for employment through legal channels. Recalling Article 9(4) of the Convention, the Committee also asks the Government to provide information on any measures taken or envisaged to regularize the situation of migrants in an irregular situation.

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