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

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

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that temporary foreign residents who work in the supervisory and administrative bodies of joint companies or companies established wholly with foreign capital or under international economic association agreements are recruited from their countries of origin or residence, in accordance with the national law and conditions. The Government adds that Cubans who work abroad do so by virtue of bilateral agreements concluded with 101 different nations with a view to providing services in health, education and sport. The Committee also notes the adoption on 11 October 2012 of Legislative Decree No. 302 amending Act No. 1312 (Migration Act), Decree No. 305 amending Decree No. 26 establishing the implementing regulations for the Migration Act, Decree No. 306 concerning the treatment of professional managers and athletes who require authorization to travel abroad, and the decisions concerning the elimination of taxation and notarial requirements relating to documentation needed for entering and leaving the country and the updating of passports. The Committee requests the Government to provide information on the application in practice of the new provisions concerning migration, particularly the impact on the movements of workers who have chosen to work abroad. The Committee also requests the Government to send statistical information disaggregated by country of destination, activity and sex of workers located abroad. Furthermore, taking account of the fact that the legislation enables foreigners to reside either temporarily or permanently for the purpose of work, the Committee requests the Government to supply statistical information disaggregated by sex, country of origin and of sector of activity, on the number of temporary and permanent foreign workers in Cuba. The Government is also requested to provide information on agreements concluded with other States relating to national workers who work abroad and foreign workers who reside and work in the country.

Article 2. The Committee requests the Government to indicate whether, in the context of the new legislation on migration, a free service has been established or is due to be established to assist and provide accurate information for nationals who wish to migrate for employment.

Article 6. Equal treatment. The Committee notes the Government’s statement that permanent foreign residents are on an equal footing to Cuban nationals in terms of the rights they enjoy and the obligations they must fulfil, including labour and social security rights. The National Labour Inspection Office is responsible for enforcing the legislation and it has not detected any violations relating to compliance with the Convention. Furthermore, permanent foreign residents have access to the labour justice system and to the people’s tribunals. The Government indicates that none of the representations examined between 2007 and 2011 resulted from discrimination on the basis of national origin. While noting this information, the Committee requests the Government to supply further details on the implementation of the legal provisions referred to in its previous report (articles 34 and 42 of the Constitution of the Republic, sections 3 and 6 of the Labour Code and sections 1 and 2 of Decision No. 8 of 1 March 2005 establishing general regulations on labour relations), particularly with regard to the matters listed in Article 6(1)(a)–(d) of the Convention. The Government is also requested to continue to send information on the measures taken by the labour inspectorate and the judicial authorities in the event of non-compliance with the provisions of national law that give effect to Article 6. The Committee also requests the Government to state the manner in which the application of Article 6 to temporarily resident foreign workers is ensured.

Annexes I and II. The Committee notes the Government’s indication that there are no private recruitment agencies which deal with the recruitment of foreigners. Taking account of the growing importance of such agencies, the Committee requests the Government to keep it informed of any developments regarding the emergence of such agencies in the country and of any plans to regulate their activities.

Parts III and IV of the report form. Practical information. The Committee notes the Government’s statement that there are no difficulties relating to the application of the Convention and that the courts have not rendered any decisions in this respect. The Committee requests the Government to continue to provide information on the practical effect given to the Convention and on any difficulties encountered in the application thereof. The Government is also requested to provide information on any changes in the legislation and to send a copy of any administrative or judicial decision on matters relating to the application of the Convention.