Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Venezuela (République bolivarienne du) (Ratification: 1983)

1.  The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy, in reply to the questions contained in the report form on the Convention. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2.  In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placing and conditions of labour of migrants recruited otherwise than under government-sponsored arrangements for group transfer and migrant workers recruited under government-sponsored arrangements for group transfer. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading advertising.

3.  The Committee also asks the Government to provide information on the application in practice of its policy on equal treatment for national workers and migrant workers in respect of the subjects listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraph 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  Since this was one of the provisions cited most often by governments, at the time of the General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers admitted on a permanent basis to reside in the county in the event of incapacity to work is maintained in practice.