Migration for Employment Convention (Revised), 1949 (No. 97) - Serbia (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that, in its report, the Government refers to the adoption of a series of relevant legislation, namely: the Law on Foreigners (No. 24/18), the Law on Border Control (No. 24/18) and the Law on Asylum and Temporary Protection (No. 24/18). The Government also indicates that the topic of migration is also regulated by the Law on the Employment of Foreigners (No. 128/14, as amended) and the Law on Migration Management (No. 107/12). The Government adds that, in addition to the Migration Management Strategy of 2009, the Government has adopted the Strategy for Combatting Irregular Migration (2018-2020) and the Strategy on Economic Migration (2021-2027). An Action Plan is currently under development to implement the Strategy on Economic Migration. In its report under the Migrant Workers Convention (supplementary provisions), 1975 (No. 143), the Government further indicates that the institutional coordination for the implementation of the Strategy for Combatting Irregular Migration is ensured by the Working Group for Solving the Problem of Mixed Migration Flows, headed by the Interior Minister. Several technical coordination groups have also been established on specific matters, such as the Coordination Group for the Protection of the Health of Migrants, the Coordination Group for the Protection of Children and the Coordination Group for the Protection of the Mental Health of Migrants. One of the goals of the strategy is to provide support to migrants, especially when pertaining to vulnerable groups. The Commissariat for Refugees and Migration is responsible for conducting the activities towards the achievement of this goal. Furthermore, the Center for the Protection of Victims of Trafficking in Human Beings provides protection to potential victims of human trafficking. Its responsibilities include the identification of victims, coordination with other entities such as the labour inspectorate, the police, and NGOs, and direct support to the victims (including accommodation, health care, information, material support, and representation in court proceedings). The Committee takes note of this information and refers to its comments under Articles 10 and 12 of theMigrant Workers Convention (supplementary provisions), 1975 (No. 143) on the need to formulate and implement a national policy specifically designed to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights, and or individual and collective freedoms for migrant workers and members of their family legally residing in the country.

Migration flows and bilateral or special agreements. The Committee takes note of the statistical information provided by the Government and disaggregated by sex on the number of foreign workers employed in Serbia, showing that : (1) in 2020, the National Employment Service (NES) issued a total of 12,931 work permits to foreign nationals; and (2) the main countries of origin of foreign workers were China (3,515 men and 595 women), the Russian federation (1,976 men and 459 women), and Turkey (1,489 men and 71 women). The Committee also takes note of the Government’s indications that in 2020, 1,196 citizens of the Republic of Serbia were employed abroad; and that the main countries of destination were the United States of America, the Russian Federation, Germany, Hungary, Czech Republic, Slovenia, Croatia, and Slovakia. The Committee requests the Government to continue to collect statistical information and to report on the situation of migrant workers in Serbia and of nationals emigrating abroad.

Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes that, once again, the Government states that the Ministry of Labour, Employment, Veterans and Social Affairs supervises the work of the NES and private employment agencies (PEAs) but does not provide specifics on the measures aimed at supervising the information provided to migrant workers (immigrating or emigrating) by the NES and PEAs nor on the sanctions imposed against misleading propaganda. It notes the Government indication that the Centre for the Protection of Victims of Trafficking in Human Beings informs migrant workers about their employment rights in Serbia and the risks of exploitation abroad and that only a few cases of labour exploitation are reported to the Center for the Protection of Victims of Trafficking in Human Beings. The Committee also refers in this regard to its comment under the Forced Labour Convention, 1930 (No. 29) regarding the need to further strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. The Committee reiterates its requests that the Government provide information: (i) on the measures adopted to monitor effectively the information services provided by the NES and the employment agencies to fight against misleading propaganda relating to emigration and immigration; and (ii) on any awareness raising activities undertaken by the Center for the Protection of Victims of Trafficking in Human Beings to ensure that victims actually report potential situations of abuses and exploitation in practices.

Article 6. Equality of treatment. The Committee notes the Government statement that the Law on the Employment of Foreigners (Nos 128/14 as amended) covers all foreign workers residing legally in the country and provides that if the conditions established by law are met, foreign citizen shall have equal rights and obligations as nationals in terms of labour, employment, self-employment, and unemployment (section 4). It notes however that, according to the Government, no cases of unequal treatment of employed foreign citizens with respect to the matters enumerated in Article 6(1)(a)-(d) were reported to nor discovered by the Labour Inspectorate. As the report is silent of this point, the Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6. The Committee also requests the Government: (i) to communicate on the activities of the labour inspectorate regarding the application of the principle of Article 6 in practice, such as information on the number of cases brought to the attention of or detected by the labour inspectorate on instances of unequal of treatment of migrant workers, in particular alleged violation of section 4 of the Law on the Employment of Foreigners (Nos 128/14 as amended); and (ii) to provide information on any relevant cases brought to court and on their outcome (such as information on the number of cases pending, the final findings and the penalties imposed).

Article 8. Maintenance of residence in the event of incapacity for work. As the report of the Government is once again silent of this point, the Committee reiterates its request that the Government indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the entering into force on 1 August 2009 of the Law on Foreigners 2008 which regulates the entry, movement and stay of foreigners in the territory, and the Law on Employment and Unemployment Insurance that regulates, inter alia, the employment of nationals abroad (sections 95 to 100). The Committee further notes from the Government’s report that the draft Law on Employment of Foreign Citizens, which will replace the Law on Conditions for Employment of Foreign Citizens, as last amended by 2005, was submitted to Parliament in 2012 and has not been adopted yet. The Committee notes the Migration Management Strategy adopted in July 2009 which defines the elements of the migration policy and establishes the institutional framework for its implementation. The Strategy aims at establishing and implementing mechanisms for a comprehensive and consistent monitoring of migration flows; harmonizing migration management with EU standards; and protecting the rights of migrants and creating the conditions for their social inclusion. The Committee requests the Government to continue to provide information on any legislative developments regarding labour emigration and immigration, including on the adoption and the content of the Law on Employment of Foreign Citizens. The Committee also asks the Government to provide information on the measures taken to implement the Migration Management Strategy of 2009, including with respect to the protection of migrant workers’ rights and, in particular, women migrant workers.

Migration flows and bilateral or special agreements. The Committee notes from the Government’s report that the number of work permits issued to foreigners who have temporary residence from 2009 to 2011 was stable, ranging from 2,490 to 2,573, and the permits were mainly issued to nationals from China (catering and trade), the Russian Federation (oil industry and banking), Bosnia and Herzegovina and the former Yugoslav Republic of Macedonia (construction, mining and agriculture), Croatia (offices and stores), Greece (banking and trade), Romania (agriculture), and Germany (industry and banking). With respect to emigration, the Committee understands from the data provided by the Government that in 2011, 511 “agency workers” were employed abroad mainly in the United States. The Committee also notes that, in accordance with section 100 of the Law on Employment and Unemployment Insurance, the National Employment Service (NES) and the employment agencies shall submit to the Ministry notifications on individuals to be employed abroad, including their number, prior to their departure. The Committee requests the Government to continue to supply statistical information, disaggregated by sex, sector of employment and type of residence permit (temporary or permanent), on the number of workers from Serbia employed abroad as well as on the number of foreign workers employed in Serbia.

Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes the Government’s indication that seven Migrant Service Centres have been established in various regions within the framework of the NES and they are responsible for providing information, advice and guidance to migrants, potential migrants and returnees under the readmission agreement, and thus reduce the risk of irregular migration. The Committee further notes that the NES and the 56 employment agencies currently conducting activities in Serbia provide information on employment opportunities and working and living conditions abroad as well as rights and obligations at work and rights upon return to work in the country. Noting the Government’s indication that the activities of the NES and the employment agencies are supervised by the Ministry of Economy and Regional Development, the Committee requests the Government to provide information on the measures taken to monitor the information services provided by these bodies as well as the measures taken, including penalties, against misleading propaganda relating to emigration and immigration. Please also provide information on any measures taken or envisaged to combat trafficking in persons, including in cooperation with the governments of other member States. Please indicate whether there exist specific information services targeting women migrant workers and their families.

Article 6. Equality of treatment. The Committee notes that the Government refers to the Law on Employment and Unemployment Insurance that provides for equal treatment of persons employed abroad (section 97). It also refers to the Labour Law that applies to foreign workers “unless otherwise specified” (section 2(3)) and prohibits direct or indirect discrimination on the basis of sex, origin, language, race, colour, age, pregnancy, health, disability, national origin, religion, marital status, family responsibilities, sexual orientation, political or other opinions, social origin, property, membership of a political organization or a trade union, or any other personal characteristics (section 18). The Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6(1)(a)–(d). Furthermore, noting that the list of prohibited grounds of discrimination includes “national origin” and refers to “any other personal characteristic”, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country, including those employed with a “work permit for employment” or “work permit for special cases of employment”, than that which applies to nationals with respect to terms and conditions of work, including remuneration, membership of trade unions, accommodation, as well as concerning social security, taxes and access to legal proceedings, in accordance with Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them, including on the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see General Survey on migrant workers, 1999, paragraph 608). The Committee notes that the Government’s report contains no information in reply to its previous comments in this respect and therefore it remains unclear whether the provisions of Article 8 of the Convention are applied. The Committee asks the Government to indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and to specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.

Parts III to V of the report form. Practical application and enforcement. The Committee refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the entering into force on 1 August 2009 of the Law on Foreigners 2008 which regulates the entry, movement and stay of foreigners in the territory, and the Law on Employment and Unemployment Insurance that regulates, inter alia, the employment of nationals abroad (sections 95 to 100). The Committee further notes from the Government’s report that the draft Law on Employment of Foreign Citizens, which will replace the Law on Conditions for Employment of Foreign Citizens, as last amended by 2005, was submitted to Parliament in 2012 and has not been adopted yet. The Committee notes the Migration Management Strategy adopted in July 2009 which defines the elements of the migration policy and establishes the institutional framework for its implementation. The Strategy aims at establishing and implementing mechanisms for a comprehensive and consistent monitoring of migration flows; harmonizing migration management with EU standards; and protecting the rights of migrants and creating the conditions for their social inclusion. The Committee requests the Government to continue to provide information on any legislative developments regarding labour emigration and immigration, including on the adoption and the content of the Law on Employment of Foreign Citizens. The Committee also asks the Government to provide information on the measures taken to implement the Migration Management Strategy of 2009, including with respect to the protection of migrant workers’ rights and, in particular, women migrant workers.

Migration flows and bilateral or special agreements. The Committee notes from the Government’s report that the number of work permits issued to foreigners who have temporary residence from 2009 to 2011 was stable, ranging from 2,490 to 2,573, and the permits were mainly issued to nationals from China (catering and trade), the Russian Federation (oil industry and banking), Bosnia and Herzegovina and the former Yugoslav Republic of Macedonia (construction, mining and agriculture), Croatia (offices and stores), Greece (banking and trade), Romania (agriculture), and Germany (industry and banking). With respect to emigration, the Committee understands from the data provided by the Government that in 2011, 511 “agency workers” were employed abroad mainly in the United States. The Committee also notes that, in accordance with section 100 of the Law on Employment and Unemployment Insurance, the National Employment Service (NES) and the employment agencies shall submit to the Ministry notifications on individuals to be employed abroad, including their number, prior to their departure. The Committee requests the Government to continue to supply statistical information, disaggregated by sex, sector of employment and type of residence permit (temporary or permanent), on the number of workers from Serbia employed abroad as well as on the number of foreign workers employed in Serbia.

Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes the Government’s indication that seven Migrant Service Centres have been established in various regions within the framework of the NES and they are responsible for providing information, advice and guidance to migrants, potential migrants and returnees under the readmission agreement, and thus reduce the risk of irregular migration. The Committee further notes that the NES and the 56 employment agencies currently conducting activities in Serbia provide information on employment opportunities and working and living conditions abroad as well as rights and obligations at work and rights upon return to work in the country. Noting the Government’s indication that the activities of the NES and the employment agencies are supervised by the Ministry of Economy and Regional Development, the Committee requests the Government to provide information on the measures taken to monitor the information services provided by these bodies as well as the measures taken, including penalties, against misleading propaganda relating to emigration and immigration. Please also provide information on any measures taken or envisaged to combat trafficking in persons, including in cooperation with the governments of other member States. Please indicate whether there exist specific information services targeting women migrant workers and their families.

Article 6. Equality of treatment. The Committee notes that the Government refers to the Law on Employment and Unemployment Insurance that provides for equal treatment of persons employed abroad (section 97). It also refers to the Labour Law that applies to foreign workers “unless otherwise specified” (section 2(3)) and prohibits direct or indirect discrimination on the basis of sex, origin, language, race, colour, age, pregnancy, health, disability, national origin, religion, marital status, family responsibilities, sexual orientation, political or other opinions, social origin, property, membership of a political organization or a trade union, or any other personal characteristics (section 18). The Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6(1)(a)–(d). Furthermore, noting that the list of prohibited grounds of discrimination includes “national origin” and refers to “any other personal characteristic”, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country, including those employed with a “work permit for employment” or “work permit for special cases of employment”, than that which applies to nationals with respect to terms and conditions of work, including remuneration, membership of trade unions, accommodation, as well as concerning social security, taxes and access to legal proceedings, in accordance with Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them, including on the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see General Survey on migrant workers, 1999, paragraph 608). The Committee notes that the Government’s report contains no information in reply to its previous comments in this respect and therefore it remains unclear whether the provisions of Article 8 of the Convention are applied. The Committee asks the Government to indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and to specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.

Parts III to V of the report form. Practical application and enforcement. The Committee refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

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

1. Article 1. Provision of information. Legislation. The Committee recalls its previous comments regarding the legislative framework applying the Convention and the need for clarification regarding which legislation is currently in force. The Committee notes that a new Law on employment of foreign citizens in the Republic of Serbia and the Law on conditions for movement and stay of foreign citizens are currently being drafted, which are expected to be completed in 2008. The Government also refers to the Law on movement and stay of foreigners and the Law on conditions of employment for foreign citizens, which unfortunately were received too late to be examined by the Committee. The Committee would be grateful if the Government would provide an indication of all the legislation in force concerning migration for employment, with an indication of the relevant provisions applying each of the Articles of the Convention and to provide copies of any legislation which has not yet been sent to the Office. Recalling also its previous comments in which it noted the Government’s plans to harmonize its legislation with the European Union member countries, the Committee reiterates its request for information on: (1) the expected impact this will have on emigration from and immigration to the country; and (2) the male and female workers particularly affected by the new measures.

2. Migration flows and bilateral or special agreements. The Committee notes the statistical information on medical workers, predominantly women, employed in the Libyan Arab Jamahiriya and the number of migrant workers employed in the construction, metallurgy and insulation and similar industries in Germany. It further notes that negotiations on agreements are ongoing with Algeria (regarding employment of medical workers) and Belarus, and with private employers from Romania and the Czech Republic on the basis of general contracts of employment. With respect to immigrant workers, the Committee notes the Government’s statement that the number of foreign citizens actually employed in Serbia is higher than the number recorded by the statistics of the National Employment Service, and they are mostly employed in temporary and occasional jobs. The Committee asks the Government to make an effort to collect more complete statistics on the employment of foreign workers in Serbia, including those in temporary and occasional jobs. Recalling that the Convention covers both temporary and permanent workers, the Committee asks the Government to define “temporary and occasional jobs”. Please continue to supply statistical information, disaggregated by sex, origin and sector of employment, on the number of male and female workers from Serbia seeking employment abroad as well as on the number of foreign workers employed in Serbia, and provide copies of the agreements regarding the employment of Serbian workers in Algeria and Belarus, as well as of the agreements with private employers, once adopted.

3. Article 3. Misleading propaganda. The Committee notes the information in the Government’s report regarding the licensing for intermediaries providing employment abroad and the supervision of employment agencies by the Ministry of Labour and Social Policy and subsequently by the Ministry of Economy and Regional Development with respect to job offers and contracts of employment. The Government indicates that, in order to combat unauthorized or illegal performance of operations, it is cooperating with the market inspection who can take measures to prohibit the operations of companies and entrepreneurs performing without a licence. The Committee notes that measures, including criminal proceedings, have been taken against some agencies. The Committee asks the Government to indicate to what extent specific action, including penalties, has been taken against both licensed and unlicensed agencies which disseminate misleading propaganda regarding the migration process. Please also indicate any other measures taken to avoid nationals as well as non-nationals receiving erroneous information regarding conditions of work and job offers, including any agreements or cooperation in place with the Governments of the Republic of Moldova, Romania and Ukraine to combat human trafficking in accordance with Article 3(2) of the Convention.

4.  Article 6. Equality of treatment. The Committee notes the Government’s explanations that certain rights of foreign citizens depend on the fulfilment of certain conditions, such as reciprocity, approval or place of residence, and that the right to employment is a right enjoyed equally by foreigners and nationals. The Committee recalls that the imposition of certain conditions such as residency requirements is not contrary to the Convention in so far as these conditions are applied also to nationals, taking into account the exceptions permitted under Article 6(1)(b) regarding social security. The Committee recalls its previous comments on Article 6 of the Convention and asks the Government to indicate in more detail the relevant provisions of the legislation and other measures taken relating to items (a)–(d) of Article 6(1) of the Convention for both temporary and permanent workers. Please indicate the conditions that need to be fulfilled in order to enjoy these rights and specify any particular measures to ensure in practice that migrant women are not being discriminated against.

5. Article 8. Right of residence of permanent migrant workers. The Committee notes the Government’s indication that the residency permit may be cancelled if the worker fails to comply with the rules prevailing in the Republic of Serbia, if the worker remains without means of support, if the worker is begging or tramping, or if cancellation is required for reasons of protection of the public order or the interests of the defence of the country. The Committee stresses that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see paragraph 608 of the 1999 General Survey on migrant workers). The Committee asks the Government to indicate the measures taken or envisaged to ensure that the right of residency of permanent migrants is maintained in the event of incapacity for work, when as a result the worker risks finding himself or herself without means of support.

6. Part V of the report form. Practical application. The Committee notes that the court decisions applying the Convention, which were to be sent additionally, have not been received. The Committee asks the Government to send copies of these decisions, as well as to supply additional information, including reports or surveys, results of labour inspection activities and court decisions, on how the Convention is generally applied in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s first report.

1. Article 1. Provision of information. The Committee notes from the report that certain laws applying the Convention under the Federal Socialist Republic of Yugoslavia remain unchanged and in force, in particular the Act on Foreign Residents and the Decree on the Conditions of Work for Foreigners. The Committee also notes that new laws have been adopted which apply the Convention including the Constitutional Charter of the State Union of Serbia and Montenegro of 2003, the Labour Act of 2001 and the Act on Employment and Insurance against Unemployment of 2003. Noting further that other laws are in the process of amendment, including the Act on the Protection of Citizens of Serbia working abroad, the Committee requests the Government to supply, with its next report, copies of all the abovementioned legislation, including any amendments made, except the Labour Act and the Act on Employment and Insurance against Unemployment.

2. The Committee notes the changes that the country has experienced in terms of its migration, notably from a country of emigration to one of immigration for thousands of refugees and a transit country for irregular migration from East to West. It also notes from the Government’s report to the United Nations Human Rights Committee (CCPR/C/SEMO/2003/1) that Serbia and Montenegro has accelerated the process to grant citizenship to many of its refugees, and that the Government plans to harmonize its legislation with respect to migration issues with European Union member countries. The Committee asks the Government to report on (1) the expected impact this will have on emigration or immigration to the country, and (2) the male and female migrant workers particularly affected by any new measures. Please also provide information on any special provisions, agreements or changes to legislation to accommodate the recent changes in migration trends in the country.

3. The Committee would welcome information, disaggregated by sex, on the number of men and women migrants regularly admitted for employment in Serbia and Montenegro, on either a permanent or temporary basis, and the nature of activities carried out by them.

4. Article 3. Misleading propaganda. The Committee notes from the Government’s report that private employment agencies are sometimes involved in misleading nationals about work abroad. The Committee would welcome information about concrete measures that have been taken against such agencies in terms of penalties, the withdrawal of licences or other action taken or envisaged. Noting also that Serbia and Montenegro is a country of destination for trafficked persons (E/CN.4/2003/38), the Committee would welcome information on the measures taken to avoid that misleading information is given to non-nationals arriving in the country. Noting in addition that many trafficked persons in Serbia are of Romanian, Moldovan and Ukrainian origin, the Committee asks the Government to provide information on any cooperation in practice with the Governments of these countries against misleading propaganda in compliance with Article 3(2) of the Convention.

5. Article 6. Equality of treatment. The Committee recalls that Article 6 calls on ratifying States to apply, without discrimination in respect of sex to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals. The Committee notes that the Government’s report to the United Nations Human Rights Committee mentions cases of discrimination against women migrants working in Serbia (see CCPR/C/SEMO/2003/1, paragraph 270). The Committee asks the Government to provide more information on the concrete measures it is taking to ensure that female immigrants lawfully in its territory are not being discriminated. The Committee also asks the Government to indicate in detail with its next report the relevant provisions of the legislation and other measures taken relating to the application of Article 6 of the Convention for both temporary and permanent migrant workers.

6. Article 8. Right of residence of permanent migrant workers. The Committee would welcome information from the Government on the circumstances in which permanent residence in Serbia and Montenegro may be cancelled.

7. Part V of the report form. Practical application. The Committee requests the Government to provide general information, including statistics disaggregated by sex, nationality or ethnic origin, on the manner in which the Convention is applied in practice, including the results of the relevant activities of the labour inspection services. Please also state whether courts or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.