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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Information on national legislation. The Committee notes the legislative developments in the areas of immigration and emigration, including the adoption of Act No. 2018-778, of 10 September 2018, for well-managed immigration, an effective right of asylum and successful integration, as well as Order No. 2019-116, of 20 February 2019, transposing Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018, amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. The Committee notes with interest that Order No. 2019-116 amends section L1262-4 of the Labour Code, which now provides that an employer temporarily posting an employee to the national territory shall guarantee him or her equal treatment with workers employed by companies in the same branch of activity in the national territory, with regard to, inter alia: working hours; compensatory rest; public holidays; paid annual leave; remuneration within the meaning of Article L.3221-3; payment of wages, including overtime pay; rules on occupational safety and health; age of admission to work; and reimbursement for accommodation.

Information on bilateral agreements. Further to its previous comment requesting the Government to provide information on this matter, the Committee notes the details included in the Government’s report regarding bilateral agreements on young professionals, “working holiday” agreements and the agreements for the focused management of migratory flows. The Committee also notes that the bilateral agreements on immigration and emigration concluded by the Government, along with detailed information in this regard, are available on the website of the Ministry of the Interior.

Articles 2 and 4. Free assistance services and measures to facilitate the migration process. Integration courses. In its previous comment, the Committee requested the Government to provide information on the sanctions or penalties imposed in cases of failure to comply with the obligation to participate in the integration courses provided for in the provisions of the “republican integration contract” (CIR). In this regard, the Committee notes the Government’s reiteration that: (i) the CIR considered to have been respected when the prescribed training has been followed assiduously and seriously and the foreign national has not shown any rejection of the essential values of French society and the Republic; and (ii) compliance with the CIR, along with the other requirements for a residence permit, means that a multi-year residence permit of two to four years can be issued after one year of legal residence.

Articles 2 and 7(2). Free nature of the services to assist migrant workers and operations carried out by public employment services. The Committee requested the Government to provide information on the use of the fees charged by the French Immigration and Integration Office (OFII) to men and women migrant workers for the issue or renewal of residence permits authorizing employment. The Committee notes the Government’s indication that these taxes serve to: (i) cover the cost of the procedures involved in the processing of files by the prefectures and the Regional Departments of Enterprise, Competition, Consumption, Labour and Employment (DIRECCTEs); (ii) cover costs related to producing the residence permit; (iii) contribute to the OFII budget to carry out integration programmes (including civic training, modules on procedures for accessing employment and language training), and medical examinations; and (iv) finance OFII’s operations in the field of family reunification (including the verification of supporting documents, integration programmes, medical supervision, and the provision of health advice and information). In the light of this information, the Committee notes that some of the activities listed by the Government correspond to operations carried out by public employment services covered by Article 7(2) (such as the activities of the DIRECCTEs); while others constitute action for the dissemination of information to migrant workers, covered by Article 2 of the Convention (such as the information provided through integration courses, as well as the medical and health advice provided). In the light of these considerations, the Committee requests the Government to take measures to ensure that men and women migrant workers do not bear the cost of the activities covered by Articles 2 and 7(2) of the Convention.

Article 3. Measures against misleading propaganda. In its previous comment, the Committee requested the Government to provide information on the steps taken to combat misleading propaganda and the stigmatization and stereotyping of migrant workers. In its report, the Government indicates the steps taken to combat the communication of misinformation to migrant workers. Specifically, the Government refers to the dissemination of information on the websites of the Ministry of the Interior, the Ministry of Labour and the Ministry for Europe and Foreign Affairs, as well as through consular offices and representatives of the French Immigration and Integration Office (OFII) abroad. The Government also indicates that the conclusion of bilateral agreements with countries of origin facilitates the exchange and collection of information on immigration and emigration and helps to combat misleading propaganda. Regarding the steps taken to combat stigmatization and stereotyping, the Committee notes the National Plan to Combat Racism and Antisemitism (2018– 2020), one of the objectives of which is to combat racist and anti-Semitic prejudices and stereotypes, including in the world of work. The Committee also notes the conclusions of the European Commission against Racism and Intolerance (CRI(2019)3, published on 5 March 2019) indicating that the Government has revised its school curricula with a view to a better understanding of the implications of immigration and to combat the prevalence of racial stereotypes and biases. Noting this information, the Committee refers in this regard to its detailed comments on combating discrimination on the grounds of race, colour and national extraction, under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 6(1)(a)(i). Equality of treatment. Working conditions. The Committee requested the Government to provide information on the application of the principle of equality of treatment between migrant workers and national workers with regard to working conditions. The Committee notes the Government’s indication that this principle is enshrined in the Labour Code and incorporated into collective agreements.

Article 6(1)(a)(iii). Equality of treatment. Accommodation. The Committee requested the Government to provide information on the application in practice of the principle of equality of treatment between migrant workers and national workers with regard to accommodation. The Committee notes the information provided by the Government regarding the conditions of access to housing in place, and the indication that these are based on social criteria that are applied equally to nationals and foreign nationals in a regular situation.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes Bill No. INTX1412529L to issue various provisions on the management of immigration, amending the Code on the Entry and Residence of Foreign Nationals in France and the Right to Asylum (CESEDA), and which was amended at its first reading by the National Assembly on 23 July 2015, and by the Senate at its first reading on 13 October 2015. The Committee also notes Act No. 2015-925 of 29 July 2015 on the reform of the right to asylum, and the Government’s indication that agreements have been concluded with Argentina and Hong Kong Special Administrative Region, China, on the exchange of young workers in the context of “work–holiday” programmes. The Committee requests the Government to continue providing information on any changes to the legislation and policies on migration for employment, and to provide a copy of any court decisions on the situation of migrant workers. It also requests the Government to provide information on the impact of bilateral agreements on the situation of migrant workers in France, including any obstacles encountered in their implementation.

Articles 2 and 4. Integration courses. The Committee previously noted that third-country nationals arriving on a long-term visa for “employees” and those entering France for reasons of family reunification are required to sign the reception and integration contract (CAI), which continues to be the basis of the reception and integration policy in the country. Under section 311-9 of the CESEDA, certain categories of highly qualified migrant workers are exempt from signing the CAI, for example, foreign nationals with a residency permit for “employees on assignment”, “European Blue Cards” or “skills and talent”. The Committee notes that, under Bill No. INTX1412529L, several other categories are exempt from signing the CAI, such as, workers with a residence permit for “temporary workers”, “seasonal workers” and “intra-company transferees”. The CAI is administered by the French Immigration and Integration Office (OFII) and, in 2013, the number of signatories was 108,969, of whom 53.3 per cent were women. The Committee noted that civic integration courses and the evaluation by the OFII of vocational skills are mandatory for all signatories of the CAI, and it notes that an agreement was signed on 28 May 2010 with the national employment agency (Pôle emploi) for the establishment of individualized follow-up for foreign jobseekers. The Committee had noted that, in accordance with section 8 of the Immigration, Integration and Nationality Act amending section 311-9 of the CESEDA, the seriousness of the interest shown by foreign nationals when applying for the CAI may be taken into account for the renewal of residence permits. Considering the importance accorded to integration courses in the immigration and integration policy, the Committee requests the Government to provide information, disaggregated by sex and origin, on the number of migrants from third countries with long-term visas for “employees” and the members of their families who have been required to attend these courses, indicating any sanctions or penalties imposed in cases of failure to comply with this obligation, including information on the renewal of residence permits. The Committee requests the Government to provide information on the exceptions tolerated with regard to failure to participate in the training courses offered by the OFII. It also requests the Government to provide information on legislative developments, particularly the bill issuing various provisions on the management of immigration.

Article 6(1)(a)(iii). Accommodation. The Committee previously noted the decision of the Council of State of 11 April 2012 (Conseil d’Etat: Assemblée, 11 April 2012, Gisti et FAPIL, No. 322326) repealing the requirement for certain categories of foreign nationals to have resided for an uninterrupted period of two years in France in order to benefit from the enforceable right to decent housing. The Committee notes the Government’s indication that there is no specific policy on accommodation for migrant workers, but that there is a general policy on the right to housing, which includes, for example, the enforceable right to housing. Recalling the housing problems experienced by the immigrant population which were noted previously by the Committee, it requests the Government to provide detailed information on the various measures taken or envisaged to ensure that, in practice, migrant workers are not treated less favourably than nationals in terms of access to housing. The Committee also requests the Government to provide information on any measures taken to overcome the difficulties experienced by migrant workers in proving discrimination with respect to housing, and on the results achieved.

Article 7(2). Free services. The Committee recalls the Government’s previous indication that the administrative costs relating to the recruitment, introduction and placement of foreign workers and the costs of medical examinations are charged to the employer, and that the only costs charged to migrant workers are the fees due to OFII for issuing or renewing their residence permit authorizing employment. The Committee previously noted the fees payable to the OFII by migrant workers, and Circular No. NOR INTV1243671 of 31 December 2012 amending Circular No. NOR IOCL1201043C of 12 January 2012, fixing the fees payable by the employer for the recruitment of a foreign worker, and by the foreign worker for the issue or renewal of the residence permit authorizing employment. The Committee notes that the fees payable to the OFII by foreign nationals for residence permits for “scientists”, “employees”, “employees on assignment”, “European Blue Cards” and “skills and talent” amount to €260 for the first residence permit. For the renewal of a permit, the fees payable to the OFII amount to €106 for foreign nationals with a residence card for “scientists” or a “European Blue Card” valid for one year, and for foreign nationals with a residence permit for “employees”. However, the renewal fees payable to the OFII amount to €200 for foreign nationals with a residence permit for “scientists” or a “European Blue Card” valid for over one year and for foreign nationals with a residence permit for “employees on assignment” and “skills and talent”. For foreign nationals with a residence permit for “temporary workers” or “seasonal workers”, the fees are €19 for the first permit, while for the renewal of a permit the fees are €19 for a residence permit for “seasonal workers”, but €106 for a permit for “temporary workers”. The Committee requests the Government to specify the reason and purpose of the fees payable by migrant workers for the issue and/or renewal of a residence permit, in addition to the costs charged to employers, and whether these fees cover the services provided by the OFII, so that it can determine whether the purely administrative fees associated with services for the recruitment, introduction and placement of migrant workers by public employment agencies are not borne by migrant workers.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Measures to combat misleading propaganda regarding immigration. In its previous comments, the Committee requested the Government to provide information on the measures taken, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices regarding immigration and the stigmatization and stereotyping of migrant workers, including the Roma population, in an effective manner, and to provide information on the results achieved. The Committee notes the general nature of the Government’s reply in its report, in which it reiterates its previous indications that the measures to combat misleading propaganda include legislative and practical measures to combat racism and xenophobia and measures against the trafficking of women. It also notes the Government’s indication that there is strict equality of treatment between migrant workers and national employed persons. The Committee recalls that, under the terms of Article 3, each Member for which the Convention is in force undertakes to take all appropriate steps against misleading propaganda relating to emigration and immigration. These measures must not only concern misleading information targeting migrant workers, but also the national population, such as targeted measures to combat social and cultural prejudices which aggravate discrimination against migrants (see the 2016 General Survey on migrant workers). The Committee once again requests the Government to indicate in detail the measures adopted, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices in an effective manner regarding emigration and immigration and the stigmatization and stereotyping of migrant workers, which have an effect in practice on the effective application of the principle of equal treatment, and to provide information on the results achieved.

Article 6. Equality of treatment. The Committee notes the main elements of Government policy on labour migration which, in the view of the Government, is targeted as a priority at international enterprises and skilled workers, and workers with a high potential to respond to the needs of the labour market and the structural needs of enterprises faced with an internationalized labour market, while at the same time protecting employed persons who are already in France. Noting that Article 6 does not distinguish between the treatment of different categories of migrant workers and that, in practice, migrant workers who are already on the national territory are mainly engaged in low paid sectors with difficult working conditions (principally cleaning, catering, security and construction), the Committee reiterates its request to the Government to provide full information on the relevant legal provisions applying no less favourable treatment to migrant workers than that which applies to nationals with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention, with an indication of any differences that may exist between the various categories of immigrant workers (“employee”, “employee on assignment”, “European Blue Card”, “skills and talent”, “scientific”, “temporary worker”, and “seasonal worker”). The Committee also requests information on the application in practice of this provision and requests the Government to include information on any complaints made to the competent authorities, such as the labour inspectorate, but also the Rights Ombud and the courts, or any other competent body, by migrant workers who consider that they are victims of discrimination in employment with a view to the application of the national legislation relating to the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes Bill No. INTX1412529L to issue various provisions on the management of immigration, amending the Code on the Entry and Residence of Foreign Nationals in France and the Right to Asylum (CESEDA), and which was amended at its first reading by the National Assembly on 23 July 2015, and by the Senate at its first reading on 13 October 2015. The Committee also notes Act No. 2015-925 of 29 July 2015 on the reform of the right to asylum, and the Government’s indication that agreements have been concluded with Argentina and Hong Kong Special Administrative Region, China, on the exchange of young workers in the context of “work–holiday” programmes. The Committee requests the Government to continue providing information on any changes to the legislation and policies on migration for employment, and to provide a copy of any court decisions on the situation of migrant workers. It also requests the Government to provide information on the impact of bilateral agreements on the situation of migrant workers in France, including any obstacles encountered in their implementation.

Articles 2 and 4. Integration courses. The Committee previously noted that third-country nationals arriving on a long-term visa for “employees” and those entering France for reasons of family reunification are required to sign the reception and integration contract (CAI), which continues to be the basis of the reception and integration policy in the country. Under section 311-9 of the CESEDA, certain categories of highly qualified migrant workers are exempt from signing the CAI, for example, foreign nationals with a residency permit for “employees on assignment”, “European Blue Cards” or “skills and talent”. The Committee notes that, under Bill No. INTX1412529L, several other categories are exempt from signing the CAI, such as, workers with a residence permit for “temporary workers”, “seasonal workers” and “intra-company transferees”. The CAI is administered by the French Immigration and Integration Office (OFII) and, in 2013, the number of signatories was 108,969, of whom 53.3 per cent were women. The Committee noted that civic integration courses and the evaluation by the OFII of vocational skills are mandatory for all signatories of the CAI, and it notes that an agreement was signed on 28 May 2010 with the national employment agency (Pôle emploi) for the establishment of individualized follow-up for foreign jobseekers. The Committee had noted that, in accordance with section 8 of the Immigration, Integration and Nationality Act amending section 311-9 of the CESEDA, the seriousness of the interest shown by foreign nationals when applying for the CAI may be taken into account for the renewal of residence permits. Considering the importance accorded to integration courses in the immigration and integration policy, the Committee requests the Government to provide information, disaggregated by sex and origin, on the number of migrants from third countries with long-term visas for “employees” and the members of their families who have been required to attend these courses, indicating any sanctions or penalties imposed in cases of failure to comply with this obligation, including information on the renewal of residence permits. The Committee requests the Government to provide information on the exceptions tolerated with regard to failure to participate in the training courses offered by the OFII. It also requests the Government to provide information on legislative developments, particularly the bill issuing various provisions on the management of immigration.

Article 6(1)(a)(iii). Accommodation. The Committee previously noted the decision of the Council of State of 11 April 2012 (Conseil d’Etat: Assemblée, 11 April 2012, Gisti et FAPIL, No. 322326) repealing the requirement for certain categories of foreign nationals to have resided for an uninterrupted period of two years in France in order to benefit from the enforceable right to decent housing. The Committee notes the Government’s indication that there is no specific policy on accommodation for migrant workers, but that there is a general policy on the right to housing, which includes, for example, the enforceable right to housing. Recalling the housing problems experienced by the immigrant population which were noted previously by the Committee, it requests the Government to provide detailed information on the various measures taken or envisaged to ensure that, in practice, migrant workers are not treated less favourably than nationals in terms of access to housing. The Committee also requests the Government to provide information on any measures taken to overcome the difficulties experienced by migrant workers in proving discrimination with respect to housing, and on the results achieved.

Article 7(2). Free services. The Committee recalls the Government’s previous indication that the administrative costs relating to the recruitment, introduction and placement of foreign workers and the costs of medical examinations are charged to the employer, and that the only costs charged to migrant workers are the fees due to OFII for issuing or renewing their residence permit authorizing employment. The Committee previously noted the fees payable to the OFII by migrant workers, and Circular No. NOR INTV1243671 of 31 December 2012 amending Circular No. NOR IOCL1201043C of 12 January 2012, fixing the fees payable by the employer for the recruitment of a foreign worker, and by the foreign worker for the issue or renewal of the residence permit authorizing employment. The Committee notes that the fees payable to the OFII by foreign nationals for residence permits for “scientists”, “employees”, “employees on assignment”, “European Blue Cards” and “skills and talent” amount to €260 for the first residence permit. For the renewal of a permit, the fees payable to the OFII amount to €106 for foreign nationals with a residence card for “scientists” or a “European Blue Card” valid for one year, and for foreign nationals with a residence permit for “employees”. However, the renewal fees payable to the OFII amount to €200 for foreign nationals with a residence permit for “scientists” or a “European Blue Card” valid for over one year and for foreign nationals with a residence permit for “employees on assignment” and “skills and talent”. For foreign nationals with a residence permit for “temporary workers” or “seasonal workers”, the fees are €19 for the first permit, while for the renewal of a permit the fees are €19 for a residence permit for “seasonal workers”, but €106 for a permit for “temporary workers”. The Committee requests the Government to specify the reason and purpose of the fees payable by migrant workers for the issue and/or renewal of a residence permit, in addition to the costs charged to employers, and whether these fees cover the services provided by the OFII, so that it can determine whether the purely administrative fees associated with services for the recruitment, introduction and placement of migrant workers by public employment agencies are not borne by migrant workers.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Measures to combat misleading propaganda regarding immigration. In its previous comments, the Committee requested the Government to provide information on the measures taken, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices regarding immigration and the stigmatization and stereotyping of migrant workers, including the Roma population, in an effective manner, and to provide information on the results achieved. The Committee notes the general nature of the Government’s reply in its report, in which it reiterates its previous indications that the measures to combat misleading propaganda include legislative and practical measures to combat racism and xenophobia and measures against the trafficking of women. It also notes the Government’s indication that there is strict equality of treatment between migrant workers and national employed persons. The Committee recalls that, under the terms of Article 3, each Member for which the Convention is in force undertakes to take all appropriate steps against misleading propaganda relating to emigration and immigration. These measures must not only concern misleading information targeting migrant workers, but also the national population, such as targeted measures to combat social and cultural prejudices which aggravate discrimination against migrants (see the 2016 General Survey on migrant workers). The Committee once again requests the Government to indicate in detail the measures adopted, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices in an effective manner regarding emigration and immigration and the stigmatization and stereotyping of migrant workers, which have an effect in practice on the effective application of the principle of equal treatment, and to provide information on the results achieved.

Article 6. Equality of treatment. The Committee notes the main elements of Government policy on labour migration which, in the view of the Government, is targeted as a priority at international enterprises and skilled workers, and workers with a high potential to respond to the needs of the labour market and the structural needs of enterprises faced with an internationalized labour market, while at the same time protecting employed persons who are already in France. Noting that Article 6 does not distinguish between the treatment of different categories of migrant workers and that, in practice, migrant workers who are already on the national territory are mainly engaged in low paid sectors with difficult working conditions (principally cleaning, catering, security and construction), the Committee reiterates its request to the Government to provide full information on the relevant legal provisions applying no less favourable treatment to migrant workers than that which applies to nationals with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention, with an indication of any differences that may exist between the various categories of immigrant workers (“employee”, “employee on assignment”, “European Blue Card”, “skills and talent”, “scientific”, “temporary worker”, and “seasonal worker”). The Committee also requests information on the application in practice of this provision and requests the Government to include information on any complaints made to the competent authorities, such as the labour inspectorate, but also the Rights Ombud and the courts, or any other competent body, by migrant workers who consider that they are victims of discrimination in employment with a view to the application of the national legislation relating to the Convention.

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

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

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Law No. 2011-672 of 16 June 2011 concerning immigration, integration and nationality transposing the following Directives of the European Parliament and the Council into the national legislation: Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third country nationals; Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third country nationals for the purposes of highly qualified employment; and Directive 2009/52/EC of 18 June 2009 on providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals. The Committee notes that the legislation introduces the “European Union (EU) Blue Card” for highly qualified nationals from countries outside the EU (“third country nationals”) who, after a period of two years, can have free access to all highly qualified employment. After five years’ lawful and uninterrupted stay (taking into account periods of residence in another EU Member State), the EU Blue Card holder can be granted a long-term residence permit. After a period of ten years, the EU Blue Card holder with a long-term residence permit can apply for a permanent residence permit. The Committee further notes that the Law of 16 June 2011 contains a number of provisions simplifying the procedures of expulsion, especially in the case of large numbers of foreigners arriving in the territory or amending several provisions concerning the entry, residence and expulsion. The Committee requests the Government to continue to provide information on any developments in law and policy concerning migration for employment and provide statistics, disaggregated by sex and nationality and, if possible, by occupation, on the number of EU Blue Card holders in France.

Bilateral agreements. The Committee notes the agreements with Australia, Canada, Japan, Korea, New Zealand and the Russian Federation regarding the exchange of young workers in the context of “work–holidays” programmes, and the bilateral agreements to improve management of migration flows and promote youth mobility and professional mobility concluded with Benin, Burkina Faso, Cameroon, Cape Verde, Congo, Gabon, Mauritius, Senegal and Tunisia; five bilateral agreements on the exchange of young persons have also been concluded with Lebanon, The former Yugoslav Republic of Macedonia, Montenegro, the Russian Federation and Serbia. The Committee requests the Government to provide information on the impact of the bilateral agreements on the situation of migrant workers in France, including any obstacles encountered regarding their implementation.

Articles 2 and 4. Integration courses. The Committee notes that third country nationals arriving on a long-term visa for “wage earner”, as well as those entering France for reasons of family reunification, are obliged to sign the contract of reception and integration (CAI) which continues to be the basis of the country’s reception and integration policy. The CAI is being implemented by the Office of Immigration and Integration (OFII) and from January 2007 to December 2010, 404,260 foreigners subscribed to a CAI and, in 2011, the number of subscribers amounted to 102,254, of whom 53 per cent were women. The Committee notes that the courses distinguish between language training (at various levels) and civic education, and that civic integration courses and the evaluation of the employment competencies by OFII are mandatory for all signatories of the CAI, with some exceptions. Noting that pursuant to section 8 of the Law on Immigration, Integration and Nationality amending section 311-9 of the Code of Entry and Stay of Foreigners and the Right to Asylum, the level of seriousness of the foreigner to obtain the CAI may be taken into account for the renewal of the residence permit, the Committee requests the Government to provide information on the implementation of the integration courses, including the extent to which participants have been obliged to participate in such courses, and the sanctions imposed for non-participation.

Statistics. The Committee requests the Government to provide information, including statistics disaggregated by sex and nationality, and if possible, type of residence permit authorizing employment on the number of migrants entering France for employment and on the employment of immigrant workers in the various sectors of activity.

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

The Committee recalls the observations of the General Confederation of Labour (CGT), dated 30 August 2011, and the Government’s reply thereto received 20 December 2011. It also notes the Government’s reports received 5 December 2011 and 8 August 2012, and the observations of the CGT, dated 31 August 2012, which were sent to the Government for its comments and in which the CGT restates its concerns with respect to Articles 3, 6 and 7 of the Convention.

Article 3 of the Convention. Misleading propaganda regarding immigration and migrant workers. The Committee recalls that under the terms of Article 3, any State for which the Convention is in force undertakes to take all appropriate steps against misleading propaganda relating to emigration and immigration. Such measures should also aim to address stereotypes of migrant workers such as being more susceptible to crime, violence and diseases or regarding their educational and employment abilities (General Survey on migrant workers, 1999, paragraph 217). The Committee notes that the CGT refers to the existing prejudices and stigmatization of the migrant population in France, including discriminatory stereotypes regarding people belonging to the Roma community, and highlights the need for greater efforts to address such prejudices and the dissemination of false information regarding immigrant workers. In this context, the CGT draws particular attention to government policies regarding the dismantling of Roma camps and the expulsion of Roma people, in particular those originating from Bulgaria and Romania, which in its view fail to meet the Government’s obligations under the Convention. The Committee notes the Government’s general reply that the measures aimed at addressing misleading propaganda include legislative and practical measures to combat racism and xenophobia and measures against trafficking of women. Regarding the expulsion of Roma people, the Government details the measures under the relevant legislation relating to the conditions under which nationals from the European Union (EU) may reside in France or may be removed (section L.121-1 of the Code of Entry and Stay of Foreigners and the Right to Asylum (CESEDA)) and the accompanying measures to assist voluntary returnees, mostly nationals from Romania, to reintegrate in their country of origin. The Committee wishes to draw the Government’s attention to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that the dismantling of the Roma camps is continuing without alternative solutions being sought for housing, thereby reinforcing the marginalization, stigmatization and prejudices of which members of the Roma community are already victims, and creating obstacles to their social integration. The Committee therefore requests the Government to provide full information on the measures taken, in cooperation with the social partners and other relevant stakeholders where appropriate, to prevent and combat prejudices regarding immigration and stigmatization and stereotyping of migrant workers, including the Roma population, in an effective manner, and to provide detailed information on the results achieved.

Article 6. Equality of treatment. The Committee previously noted the developments in relation to France’s immigration law and policy, in particular Act No. 2006-911 of 2006 on immigration and integration and Act No. 2007-1631 of 2007 concerning immigration control, integration and asylum, the new measures taken to facilitate the reception and integration of certain categories of migrants for employment, the measures to improve the housing conditions of the migrant population, and the bilateral agreements and arrangements regarding youth mobility and organizing regular migration and promoting co-development and cooperation. At the same time, the Committee observed that major problems appeared to exist with respect to the integration of migrant workers, including negative perceptions of the immigrant population, widespread discrimination and poor housing conditions. The Committee notes that the CGT raises concerns at the increased stringency of the legislative and normative framework concerning immigration and migrant workers, and its main focus on highly qualified occupations whereas migrant workers already in the territory are primarily employed in low-wage sectors with difficult working conditions (notably, cleaning, textile, restaurant, security and construction). According to the CGT, the measures tightening the rules on the delivery and renewal of residence permits and reducing regular immigration opportunities also encourage irregular migration and drive migrant workers and their families into abusive situations.

The Committee notes the Government’s reply that new policy orientations regarding labour migration have been defined in order to take into account the impact of the economic crisis on the labour market, and to adopt a qualitative and selective approach giving priority to the integration of jobseekers already in the labour market regardless of nationality. The Committee notes the policies to attract highly skilled foreign workers, including Act No. 2011-672 of 16 June 2011 concerning immigration, integration and nationality introducing the “European Union (EU) Blue Card” for highly qualified nationals from countries outside the EU (“third country nationals”). The new legislation also simplifies the procedures regarding the removal of foreigners and amends several provisions concerning the entry and residence of foreigners. According to the Government, the objective of the approach is to ensure the full application of the rules regarding work permits while at the same time ensuring equality of treatment regarding conditions of work and protecting workers from being exploited. The Government states that foreign workers and members of their families lawfully residing in France enjoy equality of treatment with nationals with respect to conditions of work, remuneration, trade union rights and social protection. The Government also refers to the Charter for Diversity in Enterprises, launched in 2004 with the support of the social partners, which the Committee addressed in the context of Convention No. 111. Regarding the situation of Roma of foreign origin, the Government indicates that the Roma are considered as nationals of the country of which they have the nationality and that the transitional arrangements requiring nationals from Bulgaria and Romania – from where most of the Roma population living in France originate – to have a work permit, apply until 2014. The Committee notes that pursuant to the Decree of 1 October 2012, the list of occupations for which Bulgarian and Romanian nationals are eligible to apply has been enlarged from 150 to 291 occupations. While taking due note of the Government’s statement that the reception and integration of migrant workers, in particular at the initial stage of immigration, is a priority in its immigration policy and of the importance attached to the principle of equality of treatment between migrant workers lawfully in the country and nationals, the Committee recalls that the provisions of Article 6 of the Convention not only envisage equal treatment in law, but also in practice. Noting the effect of stereotypes and prejudices regarding the immigrant population on the effective enjoyment in practice of equality of treatment without discrimination as to race, sex, religion and nationality in respect of the matters referred to in Article 6(1)(a) to (d) of the Convention, the Committee also draws the Government’s attention to its comments on Convention No. 111. The Committee requests the Government to indicate in detail the relevant legal provisions applying no less favourable treatment to migrant workers than that which applies to nationals, with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention, indicating any differences that may exist between the various categories of immigrant workers. The Government is also requested to provide information on the measures taken to ensure that the principle of equal treatment regarding these matters is applied effectively in practice, including specific measures regarding women migrants. Please include information on any complaints brought by migrant workers to the competent authorities, including the Rights Ombud and the courts or any other competent body to ensure the application of the national legislation relevant to the Convention. Furthermore, the Committee encourages the Government to assess the impact of its migration and integration policy on immigrant workers and their families, distinguishing between the different types of permits authorizing employment, with regard to Articles 3 and 6 of the Convention, and asks the Government to provide information in this regard.

Article 6(1)(a)(iii) and (d). Accommodation and legal proceedings. The Committee notes with interest the decision of the Supreme Administrative Court of 11 April 2012 (Conseil d’Etat Ass 11 April 2012, GISTI et FAPIL, No. 322326) repealing section 1 of Decree No. 2008-908 of 8 September 2008 inserting section L300-2 in the Code of Construction and Housing which imposes the condition on certain categories of foreigners that they should have resided for an uninterrupted period of two years in France to benefit from the enforceable right to decent housing. Considering that the provisions of Article 6(1)(a)(iii) and (d) of the Convention could be directly invoked by individuals, the Supreme Administrative Court ruled that the Decree was not in conformity with the Convention in submitting the enforceable right to housing of certain migrant workers to a condition of two years of uninterrupted residence in France, a condition which is not applied to nationals; and, by excluding from its scope of application certain residence permits, such as those delivered to persons who could be migrants for employment within the meaning of Article 11(1) of the Convention, such as temporary workers and employees on assignment. The Court also considered that the Decree ignored the equality principle by excluding these residence permit holders from the enforceable right to housing. The Committee further notes the Government’s statement that the housing policy, which addresses all population groups regardless of nationality, concerns a significant number of foreigners due to overrepresentation of non-nationals among the population facing difficulties in gaining access to housing. Recalling the problems relating to housing conditions of the immigrant population previously noted by the Committee, and the Government’s indication regarding the difficulty in proving that discrimination with respect to housing has occurred, the Committee requests the Government to provide detailed information on the various measures taken or envisaged to improve the housing conditions of migrant workers so as to ensure that in practice, migrant workers are not treated less favourably than nationals with regard to access to accommodation, and to provide information on the results achieved. Please also include information on any measures taken to address the difficulties encountered in proving that discrimination with respect to housing has occurred and on the results achieved.

Articles 2 and 7(2). Free services. The Committee notes the concerns expressed by the CGT at the high fees for migrant workers due to the medical examination required upon entry into France and the fees charged by the National Agency for Foreigners and Integration (OFII) to foreign workers for the delivery or renewal of the residence title authorizing employment. The Committee notes the Government’s reply that administrative costs relating to the recruitment, introduction and placement of foreign workers and the costs for the medical examination are charged to the employer, and that the only costs charged to the migrant worker are the taxes due to OFII for the issuing or the renewal of the residence permit authorizing employment. The Committee notes Circular No. NOR IOCL1201043C of 12 January 2012 fixing the taxes required from the employer for the recruitment of a foreign worker, and from the foreign worker for the delivery or renewal of their residence permit authorizing employment. Furthermore, the Committee notes that OFII is the responsible public service for the reception of newly arriving foreigners with a long-term residence visa authorizing employment as a wage earner, and participates in the integration process of these foreigners. It is also the only “one-stop shop” for the introduction of young professionals, newly arriving “employees on assignment” and foreigners with temporary residence permits for “competencies and talents”. With regard to temporary residence permits for wage earners and temporary workers, the OFII assists the enterprise with the introduction procedure, after the contract of employment has been approved by the Service for Foreign Labour. The Committee recalls that Article 7(2) of the Convention and Article 4 of Annex I require that the services rendered by the public employment service in connection with the recruitment, introduction or placement of migrants for employment are to be rendered free of charge. Article 2(b) of Annex I defines introduction as any operations for ensuring or facilitating the arrival in or admission to a territory of persons who have been recruited within the meaning of Article 2(a) of Annex I. Noting that it is the long-term residence visa that authorizes the foreigner to work, and taking into account OFII’s functions regarding the introduction of third country nationals who are wage earners and the taxes due by the foreign worker to OFII for the delivery or the renewal of a residence permit, the Committee notes that it is unclear whether the services provided by OFII in connection with the introduction of foreign workers are services within the meaning of Article 7(2) of the Convention and Article 4 of Annex I which should be rendered free of charge. In these circumstances, the Committee requests the Government to provide information on the specific services provided by OFII regarding the recruitment, introduction and placement of migrant workers, and any costs charged to the migrant workers who benefit from these services, and to indicate which services are covered by the fees related to the issuing or renewal of the residence permit authorizing employment.

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

[The Government is asked to reply in detail to the present comments in 2014.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication from the General Confederation of Labour (CGT), received 30 August 2011, which was sent to the Government for its comments thereon. In its communication, the CGT expresses surprise at the Government’s failure to reply in 2010 to the issues raised in the Committee’s previous observation, and raises concerns about the increasing rigidity of the legislative and normative framework covering migration and the general situation of migrant workers in France, including Roma migrants originating from certain European Union member States. CGT considers that the application of Article 3 (steps against misleading propaganda), Article 6 (equality of treatment) and 7(2) (free services provided by public employment agencies) of the Convention is unsatisfactory, and calls on the Government to comply with all the provisions of the Convention.

The Committee notes that the Government’s report, received on 5 December 2011, arrived too late to be examined by the Committee at this session. The Committee will therefore examine the Government’s report, including its response to the issues raised in the 2010 observation and direct request, as well as any comments the Government may have on the observations submitted by the CGT, at its next session.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Regularization of migrant workers. The Committee notes that section 40 of Act No. 2007-1631 of 20 November 2007 provides, on an exceptional basis, for the issuing of a temporary residency permit with the indication of “employed person”. It concerns a restricted number of third-country nationals whose qualifications are particularly needed in the labour market. The Committee asks the Government to indicate whether third-country nationals who find themselves in an irregular situation are able to obtain such a permit. Please also continue to provide information on any procedures for the regularization of persons in an irregular situation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2, 3, 4 and 6 of the Convention. Measures to assist and inform migrant workers, promote their social and economic integration and address discrimination against them. The Committee notes that the Government has taken a series of measures relevant to the application of the Convention. In particular, the Act No. 2006-911 of 24 July 2006 concerning immigration and integration introduces a number of changes aimed at facilitating economic integration, such as the residency permit on competencies and talents and the residency permit for seasonal workers; the possibility for French placement agencies to propose temporary employment contracts; the establishment of lists of occupations for which there is a need for foreign workers and the opportunity for foreign students to seek employment during the six-month period after the completion of their master’s degree, or to be engaged in wage employment. The Committee further notes that the Act 2007-1631 of 20 November 2007 concerning immigration control, integration and asylum further simplifies certain provisions of the Act of 24 July 2006. Furthermore, a new Ministry of Immigration, National Identity, Integration and Co‑development was established in 2007 with the objectives of controlling migration flows, promoting French national identity, improving integration and encouraging co-development. In addition, a number of bilateral agreements have been concluded relating to the exchange of young professionals and work–holiday programmes. France is further proposing to certain migrant sending countries a new generation of bilateral agreements aimed at organizing regular migration, fighting against irregular migration and promoting co-development and cooperation.

Furthermore, the Committee notes that the Government’s policy on the reception and integration of migrants has become a priority since 2002 and that new measures have been taken to improve the reception and integration of migrants such as the creation of the National Agency for the Reception of Foreigners and Migration (ANAEM) and the contract of reception and integration (contrat d’accueil et d’intégration) (CAI). The Government has also been taking steps to improve housing conditions in France, such as the Plan to convert “Migrant Workers’ Houses” (Foyers de Travailleurs Migrants) into social residencies, measures to improve living and housing conditions of older immigrants and measures to combat discrimination in housing through the High Authority to Combat Discrimination and in Favour of Equality (HALDE) and the Act respecting the national housing commitment, 2006. The Committee notes in this regard the Government’s statement that with respect to housing the fight against discrimination remains one of the main difficulties especially due to the lack of data and the difficulty in proving that discrimination with respect to housing has occurred.

While acknowledging the efforts by the Government to facilitate the reception of migrants and promote their integration and equal opportunities, the Committee notes from the report of the UN Independent Expert on Minority Issues (A/HRC/7/23/Add.2, 4 March 2008) and the concluding observations of the Committee on Economic, Social and Cultural Rights (CESCR) (E/C.12/FRA/CO/3, May 2008), as well as the Committee on the Elimination of Discrimination Against Women (CEDAW/C/FRA/CO/6) that major problems continue to exist with respect to integration of the immigrant population in French society, including a climate of suspicion and negativity, as well as widespread discrimination against migrant workers, having an impact on their general living conditions as well as their educational and employment opportunities. According to the CESCR, migrant workers and persons of immigrant origin “are disproportionately concentrated in poor residential areas characterized by low quality, poorly maintained large housing complexes, limited employment opportunities, inadequate access to health care facilities and public transport, under-resourced schools and high exposure to crime and violence” (E/C.12/FRA/CO/3, May 2008, paragraph 21). The UN Independent Expert states that “when poor immigrants arrive, those belonging to ethnic or religious groups are allocated to the poorest housing in specific neighbourhoods that have become highly ethnicized resulting in a discriminatory pattern of de facto segregation … Government officials acknowledge areas of some 70 per cent ‘foreign’ residents and the creation of what has become recognized as the ‘ghetto’ phenomenon” (A/HRC/7/23/Add.2, 4 March 2008). The Committee also recalls its comments in 2007 on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it had already raised concerns regarding the lack of progress made in addressing racial and ethnic discrimination against migrant workers.

The Committee is aware that the social and economic situation of migrant workers in the country is complex and that an effective strategy to promote the integration and equal treatment of migrant workers involves a combination of measures, some of which are required to achieve full application of this Convention. In particular, the Committee draws the attention of the Government to Articles 2 and 4 of the Convention emphasizing the importance of adequate measures to assist and inform migrant workers and to facilitate their reception, and Article 3 of the Convention requiring steps against misleading propaganda, including false information targeting the national population propagating stereotypes on migrant workers generating racism and discrimination. Most importantly, Article 6(1)(a) to (d) of the Convention aims to guarantee equality of treatment with respect to conditions of work, social security, trade union rights, accommodation and legal proceedings. With regard to accommodation, the Committee points out that segregating the migrant population from the national population may not be conducive to social integration (General Survey on migrant workers of 1999, paragraph 281). The Committee requests the Government to provide information on the following:

(i)    the activities carried out by ANAEM to facilitate the reception and effective integration in French society of migrant workers from third countries, in accordance with Articles 2 and 4 of the Convention. Please also provide information on the impact of the CAIs on the integration of migrant workers;

(ii)   the steps taken to combat the dissemination of misleading and false information, including on certain stereotypes relating to the educational and employment abilities of migrant workers as well as their being more susceptible to crime, violence and diseases, targeting both the national and foreign population. Please also provide any information on the impact of these measures on the incidence of discrimination against migrant workers;

(iii)  the measures taken, and the results achieved, to ensure that migrant workers lawfully in the country and their families accompanying them are not being treated less favourably than nationals with respect to housing, whether in law or in practice. Such measures could include further steps to improve the housing and living conditions of migrant workers as well as measures to reduce their de facto segregation with respect to housing;

(iv)   the measures taken to ensure that the principle of equal treatment between migrant workers lawfully in the country and nationals is also effectively applied in practice with regard to the other matters listed in Article 6(1)(a)(i) and (ii), (b), (c) and (d) of the Convention. Please include information on any measures particularly addressed to women migrant workers, as well as on any complaints by migrant workers regarding these matters that have been dealt with by HALDE, the courts, or other bodies competent to monitor the application of the relevant national legislation and the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Regularization of migrant workers. The Committee notes that section 40 of the Act No. 2007-1631 of 20 November 2007 provides, on an exceptional basis, for the issuing of a temporary residency permit with the indication of “employed person”. It concerns a restricted number of third-country nationals whose qualifications are particularly needed in the labour market. The Committee asks the Government to indicate whether third-country nationals who find themselves in an irregular situation are able to obtain such a permit. Please also continue to provide information on any procedures for the regularization of persons in an irregular situation.

[The Committee is asked to reply in detail to the present comments in 2010.]

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

Articles 2, 3, 4 and 6 of the Convention. Measures to assist and inform migrant workers, promote their social and economic integration and address discrimination against them. The Committee notes that the Government has taken a series of measures relevant to the application of the Convention. In particular, the Act No. 2006-911 of 24 July 2006 concerning immigration and integration introduces a number of changes aimed at facilitating economic integration, such as the residency permit on competencies and talents and the residency permit for seasonal workers; the possibility for French placement agencies to propose temporary employment contracts; the establishment of lists of occupations for which there is a need for foreign workers and the opportunity for foreign students to seek employment during the six-month period after the completion of their Master’s degree, or to be engaged in wage employment. The Committee further notes that the Act 2007-1631 of 20 November 2007 concerning immigration control, integration and asylum further simplifies certain provisions of the Act of 24 July 2006. Furthermore, a new Ministry of Immigration, National Identity, Integration and Co-development was established in 2007 with the objectives of controlling migration flows, promoting French national identity, improving integration and encouraging co-development. In addition, a number of bilateral agreements have been concluded relating to the exchange of young professionals and work-holiday programmes. France is further proposing to certain migrant sending countries a new generation of bilateral agreements aimed at organizing regular migration, fighting against irregular migration and promoting co-development and cooperation.

Furthermore, the Committee notes that the Government’s policy on the reception and integration of migrants has become a priority since 2002 and that new measures have been taken to improve the reception and integration of migrants such as the creation of the National Agency for the Reception of Foreigners and Migration (ANAEM) and the contract of reception and integration (contrat d’accueil et d’intégration) (CAI). The Government has also been taking steps to improve housing conditions in France, such as the Plan to convert “Migrant Workers’ Houses” (Foyers de Travailleurs Migrants) into social residencies, measures to improve living and housing conditions of older immigrants and measures to combat discrimination in housing through the High Authority to Combat Discrimination and in Favour of Equality (HALDE) and the Act respecting the national housing commitment, 2006. The Committee notes in this regard the Government’s statement that with respect to housing the fight against discrimination remains one of the main difficulties especially due to the lack of data and the difficulty in proving that discrimination with respect to housing has occurred.

While acknowledging the efforts by the Government to facilitate the reception of migrants and promote their integration and equal opportunities, the Committee notes from the report of the UN Independent Expert on Minority Issues (A/HRC/7/23/Add.2, 4 March 2008) and the concluding observations of the Committee on Economic, Social and Cultural Rights (CESCR) (E/C.12/FRA/CO/3, May 2008), as well as the Committee on the Elimination of Discrimination Against Women (CEDAW/C/FRA/CO/6) that major problems continue to exist with respect to integration of the immigrant population in French society, including a climate of suspicion and negativity, as well as widespread discrimination against migrant workers, having an impact on their general living conditions as well as their educational and employment opportunities. According to the CESCR, migrant workers and persons of immigrant origin “are disproportionately concentrated in poor residential areas characterized by low quality, poorly maintained large housing complexes, limited employment opportunities, inadequate access to health care facilities and public transport, under-resourced schools and high exposure to crime and violence” (E/C.12/FRA/CO/3, May 2008, paragraph 21). The UN Independent Expert states that “when poor immigrants arrive, those belonging to ethnic or religious groups are allocated to the poorest housing in specific neighbourhoods that have become highly ethnicized resulting in a discriminatory pattern of de facto segregation […] Government officials acknowledge areas of some 70 per cent ‘foreign’ residents and the creation of what has become recognized as the ‘ghetto’ phenomenon” (A/HRC/7/23/Add.2, 4 March 2008). The Committee also recalls its comments in 2007 on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it had already raised concerns regarding the lack of progress made in addressing racial and ethnic discrimination against migrant workers.

The Committee is aware that the social and economic situation of migrant workers in the country is complex and that an effective strategy to promote the integration and equal treatment of migrant workers involves a combination of measures, some of which are required to achieve full application of this Convention. In particular, the Committee draws the attention of the Government to Articles 2 and 4 of the Convention emphasizing the importance of adequate measures to assist and inform migrant workers and to facilitate their reception, and Article 3 of the Convention requiring steps against misleading propaganda, including false information targeting the national population propagating stereotypes on migrant workers generating racism and discrimination. Most importantly, Article 6(1)(a) to (d) of the Convention aims to guarantee equality of treatment with respect to conditions of work, social security, trade union rights, accommodation and legal proceedings. With regard to accommodation, the Committee points out that segregating the migrant population from the national population may not be conducive to social integration (General Survey on migrant workers of 1999, paragraph 281). The Committee requests the Government to provide information on the following:

(i)    the activities carried out by ANAEM to facilitate the reception and effective integration in French society of migrant workers from third countries, in accordance with Articles 2 and 4 of the Convention. Please also provide information on the impact of the CAIs on the integration of migrant workers;

(ii)   the steps taken to combat the dissemination of misleading and false information, including on certain stereotypes relating to the educational and employment abilities of migrant workers as well as their being more susceptible to crime, violence and diseases, targeting both the national and foreign population. Please also provide any information on the impact of these measures on the incidence of discrimination against migrant workers;

(iii) the measures taken, and the results achieved, to ensure that migrant workers lawfully in the country and their families accompanying them are not being treated less favourably than nationals with respect to housing, whether in law or in practice. Such measures could include further steps to improve the housing and living conditions of migrant workers as well as measures to reduce their de facto segregation with respect to housing;

(iv)  the measures taken to ensure that the principle of equal treatment between migrant workers lawfully in the country and nationals is also effectively applied in practice with regard to the other matters listed in Article 6(1), subparagraphs (a)(i) and (ii), (b), (c) and (d) of the Convention. Please include information on any measures particularly addressed to women migrant workers, as well as on any complaints by migrant workers regarding these matters that have been dealt with by HALDE, the courts, or other bodies competent to monitor the application of the relevant national legislation and the Convention.

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

[The Committee is asked to reply in detail to the present comments in 2010.]

 

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

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:

1. The Committee notes that the situation of aliens was appreciably modified by the law of 11 May 1998 that partially replaces the previous legislation. The Committee notes that the new legislation introduces new types of temporary residence permits while also increasing restrictions against illegal immigration. Regarding the restrictions of entry for foreigners, the Committee notes with interest that this law restricted the scope of the exception to the general obligation to substantiate unfavourable individual administrative decisions as regards the refusal to grant a visa with respect to certain categories of persons. The Committee would be grateful if the Government would supply information on the impact of the new provisions. Please also supply copies of any relevant decisions of courts of law or other tribunals regarding migrant workers.

2. The Committee notes the developments concerning the situation of persons in an irregular situation and the issuance of the circular of 24 June 1997, which called on the préfets to review the situation of the category of sans papiers. The Committee would be grateful if the Government would provide further particulars on the results of the procedure of regularization of persons in an irregular situation carried out by the Government.

3. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information supplied by the Government in its report.

1. The Committee notes that the situation of aliens was appreciably modified by the law of 11 May 1998 that partially replaces the previous legislation. The Committee notes that the new legislation introduces new types of temporary residence permits while also increasing restrictions against illegal immigration. Regarding the restrictions of entry for foreigners, the Committee notes with interest that this law restricted the scope of the exception to the general obligation to substantiate unfavourable individual administrative decisions as regards the refusal to grant a visa with respect to certain categories of persons. The Committee would be grateful if the Government would supply information on the impact of the new provisions. Please also supply copies of any relevant decisions of courts of law or other tribunals regarding migrant workers.

2. The Committee notes the developments concerning the situation of persons in an irregular situation and the issuance of the circular of 24 June 1997, which called on the préfets to review the situation of the category of sans papiers. The Committee would be grateful if the Government would provide further particulars on the results of the procedure of regularization of persons in an irregular situation carried out by the Government.

3. The Committee notes the information and statistical data supplied in the Government’s report. It asks the Government to continue to provide general information on the manner in which the Convention is applied, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed information provided by the Government in reply to its previous comments.

Article 2 of the Convention. The Committee notes the Government's statement that the information and guidance offices for migrant workers have experienced uneven demand, which has lead to the planning of a deep-rooted reorganization of the network. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to improve the operation of the said offices for the benefit of migrant workers and the members of their families.

Point V of the report form. The Committee notes the statistics provided by the Government concerning foreign workers employed in the country. It requests the Government to continue supplying these statistics, including data, where possible, of the number of French workers employed abroad. The Committee also requests the Government to indicate any difficulties encountered in practice in the implementation of the Convention with, where appropriate, an indication of the relevant results of the activities of the labour inspection services.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed information provided in the Government's report and the observations made by the French Democratic Confederation of Labour (CFDT) and the General Confederation of Labour-Force Ouvrière (CGT-FO).

Article 6, paragraph 1(b), of the Convention (in conjunction with Article 11). The Committee notes the observations made by the CFDT and the CGT-FO concerning the amendments made to the Social Security Code by Act No. 93-1027 of 24 August 1993 respecting immigration controls and entry, reception and residence requirements for foreigners in France (sections 32 and 35), which establishes the obligation of lawful residence for entitlement to benefits, which has the effect of denying any entitlement to social security benefits in respect of a person who is not legally resident. The Committee also notes the Government's statement that none of the provisions of the above Act bring into question the principle of equality of treatment for foreigners who are residing or staying lawfully on French territory.

The Committee recalls that Article 11 of the Convention provides that, for the purpose of the provisions of this instrument, the term "migrant for employment" includes any person regularly admitted as a migrant for employment. It therefore appears that while, by virtue of these provisions of the Convention, it is incumbent upon a State party to guarantee to any person regularly admitted as a migrant for employment, treatment in respect of social security that is not less favourable than that which it applies to its own nationals, the same guarantee in respect of persons who are not lawfully in the country is not an obligation under the Convention. The Committee notes that, under section L 115.6 of the Social Security Code, as amended by the above law, the contributions of persons who have not been legally admitted under the legislation on the stay and the work of foreigners remain due to them.

The Committee suggests the Government to take into consideration the provisions of paragraph 34(1) of the Recommendation concerning Migrant Workers, 1975 (No. 151), under which a migrant worker who leaves the country of employment should be entitled, irrespective of the legality of his stay therein, to the reimbursement of any social security contributions which have not given rise to rights in his favour.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters raised in its previous direct request:

Article 1(c) of the Convention. The Committee noted the Government's report and the adoption of Act No. 89-548 of 2 August 1989 respecting the conditions governing the entry and residence of foreigners in France. It also noted the comments of the French Democratic Confederation of Labour (CFDT) that the provisions of Act No. 89-548 respecting residence and work permits were not applicable to Algerian, Moroccan and Tunisian migrant workers since bilateral agreements concerning them were concluded under Act No. 86-1025 of 9 September 1986 and took their general tone from that Act.

The Committee notes, from the circular dated 2 August 1989 respecting the application of Act No. 89-548, that the provisions governing foreigners residing in France do not apply to Algerian nationals, for whom the conditions governing their stay in France are set out by the Franco-Algerian Agreement of 27 December 1968, as amended by the codicil to that agreement dated 22 December 1985. Similarly, Tunisian nationals are subject to the special provisions set out in the Franco-Tunisian Agreement of 17 March 1988 respecting residence and work permits. Furthermore, according to the available information, France signed an agreement with Morocco on 9 October 1987, which has not yet been ratified.

The Committee therefore requests the Government to supply information and to comment on the points raised by the CFDT in its observations in relation to Article 6 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 1(c) of the Convention. The Committee notes the Government's report and the adoption of Act No. 89-548 of 2 August 1989 respecting the conditions governing the entry and residence of foreigners in France. It also notes the comments of the French Democratic Confederation of Labour (CFDT) that the provisions of Act No. 89-548 respecting residence and work permits are not applicable to Algerian, Moroccan and Tunisian migrant workers since bilateral agreements concerning them were concluded under Act No. 86-1025 of 9 September 1986 and took their general tone from that Act.

The Committee notes, from the circular dated 2 August 1989 respecting the application of Act No. 89-548, that the provisions governing foreigners residing in France do not apply to Algerian nationals, for whom the conditions governing their stay in France are set out by the Franco-Algerian Agreement of 27 December 1968, as amended by the codicil to that agreement dated 22 December 1985. Similarly, Tunisian nationals are subject to the special provisions set out in the Franco-Tunisian Agreement of 17 March 1988 respecting residence and work permits. Furthermore, according to the available information, France signed an agreement with Morocco on 9 October 1987, which has not yet been ratified.

The Committee therefore requests the Government to supply information and to comment on the points raised by the CFDT in its observations in relation to Article 6 of the Convention.