Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Tajikistan (Ratification: 2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the Government’s first report on the Convention indicating the laws and regulations which apply the Convention. The Government also refers in its report to a number of bilateral and multilateral agreements concluded between Tajikistan and other countries in the subregion. The Committee further notes the Government’s statement that Tajikistan is in the process of further improving its legislation in the field of labour migration in accordance with this Convention as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). For instance, draft legislation designed to amend the Law of the Republic of Tajikistan on Migration has been submitted for approval. Furthermore, the Migration Service of the Ministry of Internal Affairs is elaborating a common labour contract to be provided for all migrant workers. In order to have a comprehensive view of the relevant legislative and policy framework, including bilateral and multilateral agreements, the Committee requests the Government to provide copies of the following legislative texts and policies, which have not been received by the Office, provided they are still in force, and with an indication of the relevant provisions applying the various Articles of the Convention:

• – the Law of the Republic of Tajikistan on Migration of 11 December 1999;
• – the concept of the state migration policy of the Republic of Tajikistan of 8 October 1998;
• – Government Decision No. 242 of 9 June 2001 on the concept of labour migration of the citizens of the Republic of Tajikistan abroad;
• – Decree No. 615 of the President of the Republic of Tajikistan of 24 January 2009 on migration quota and engagement of the foreign labour force in the Republic of Tajikistan in 2009;
• – Government Decision of 1 August 2008 on the emigration registration of citizens of the Republic of Tajikistan;
• – Government Decision of 3 March 2007 on the state agency for social protection and employment of population and migration; and
• – Government Decision No. 61 of 31 January 2006 on the approval of the programme for emigration of the citizens of the Republic of Tajikistan in 2006–10.

The Committee also requests the Government to provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan, and the Russian Federation, mentioned in the Government’s report.

Parts III–V of the report form. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee also asks the Government to provide information in accordance with Parts III–V of the report form approved by the Governing Body. Such information should include an indication of the competent authorities entrusted with the application of the relevant laws, regulations and policies, administrative and court decisions involving questions of principles, statistics disaggregated by sex and nationality on migration flows from and to Tajikistan, and relevant studies or surveys undertaken on labour migration, if any.

Considering that the Committee also raised issues in its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that are relevant to the application of Convention No. 97, the Committee also refers to its comments on Convention No. 143.