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

Migration for Employment Convention (Revised), 1949 (No. 97) - 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 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. It also notes that new legislation has been adopted laying down the legal framework for combating discrimination on the grounds of race or ethnic origin, and further improving the right of equal treatment between migrant workers lawfully in the country and nationals with respect to social security benefits. 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. Finally, the Committee welcomes the establishment of a number of institutions and structures mandated to address migration-related matters and issues concerning migrant workers, such as the High Commissioner for Immigration and Ethnic Minorities (2002) and the Committee to Administer the Framework Programme for Solidarity and Management of Migration Flows (2006). The Committee welcomes these measures and asks the Government to continue to provide information on the policies and legislation aimed at further improving the application of the Convention. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

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