Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Article 1 of the Convention. Information on national law and policy. In reply to the request made previously regarding the National Commission on Migration, the Government reports that, although the Commission is not operational, the other competent authorities on migration matters work in constant collaboration. The Government refers to the cross-border mobility card (TMF), a document which facilitates the frequent transit of Venezuelan and foreign nationals who reside in border areas with Colombia. It also refers to some measures, such as the Plan to update the data on the foreign nationals benefiting from Presidential Decree No. 2823 of 3 February 2004, and the Plan to regularize Ecuadorian nationals living in the country as illegal migrants, which are being implemented by the Identity, Migration, and Foreign Nationality Service (SAIME), in the Ministry of the People’s Authority for Internal Relations, Justice and Peace. The Committee asks the Government to specify the policies and measures adopted by the different Government institutions for the benefit of migrant workers. The Committee also requests the Government to continue providing information on the implementation of the regulations for regularization and naturalization of men and women foreign nationals, and to include data on the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. In the absence of detailed information on this point, the Committee once again asks the Government to provide information on and copies of all general agreements and special arrangements adopted. It also once again requests the Government to provide information on the content and application of economic and political integration agreements which facilitate immigration and relax the employment requirements for workers from Latin American and Caribbean countries.

Articles 2 and 7. Services and assistance for migrant workers. In reply to the request for information regarding the activities of the Labour Migration Bureau, the Government refers to the mission and duties of and the free nature of the services provided by the Directorate for Labour Migration. The Government adds that social welfare office branches (DPS) are being established at the national level, under the Deputy Minister of Social Welfare of the People’s Ministry for the Social Process of Labour, to provide information and guidance on the legal requirements for labour migration. The Committee requests the Government to provide detailed information on the cooperation between the Labour Migration Bureau and the corresponding services of other member States.

Article 6. Equal treatment. The Committee notes that the Government confines itself to referring to the constitutional and legal provisions in force on equal treatment. The Committee recalls that legislation alone is not sufficient to ensure that migrant workers enjoy equality of treatment with nationals and, consequently, it is essential for States to ensure, particularly through the labour inspection services or other supervisory authorities, the application in practice of these provisions. The Committee once again requests the Government to provide information on the manner in which it is ensured in practice that migrant workers who are lawfully within the national territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a), (b), (c) and (d) of the Convention.

Practical application. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. The Committee refers to its comments on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).