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The Committee notes the Government’s first report which refers to a wide range of laws and decisions relevant to the application of the Convention, the majority of which are not at the disposal of the Office. The Committee notes, in particular, the Law on Preventing and Combating Trafficking in Human Beings, the Government’s Decisions No. 1386-XV of 2002 on the Approval of the Concept of Migration Policy, No. 1077 of 1997 on Temporary Employment of Migrant Workers, No. 448 of 2006 on the Approval of the National Action Plan for Migration and Asylum, No. 903 of 2005 on the Approval of the National Plan for Preventing and Combating Trafficking in Human Beings, the Law on Licensing some types of activities of 2001 and the Order of the Licensing Chamber No. 12-g of 2006 on the approval of licensing terms and additional documents to be attached to the application for issuance of license. The Committee also notes that in July 2008 the Law on Labour Migration was adopted and a draft Law on the Status of Foreigners is currently being considered for adoption. The Committee requests the Government to submit copies, if possible in English, of the abovementioned laws and regulations, including the new Law on Labour Migration, and to keep the Office informed of any developments concerning the adoption of the draft Law on the Status of Foreigners. Please also clarify what laws and regulations have been amended or repealed as a result of the adoption of the Law on Labour Migration. The Committee will examine the abovementioned legislation together with the Government’s reply to the following points.
Article 1 of the Convention. Information on national policy. The Committee notes from the Government’s report that section V of Decision No. 1386-XV of 2002 adopting the “Concept on migration policy” establishes a number of priorities for the implementation of the national migration policy including the harmonization of the relevant national legislation with international standards, the conclusion of bilateral agreements on labour migration and social protection of migrant workers, the development of an integrated information system on migration and asylum and the promotion of the return and reintegration of migrant workers in the country. Moreover, the Committee notes the Government’s indication that the implementation of the national policy on migration will rely on the cooperation of employers’ and workers’ organizations and, more generally, of civil society. The Committee further notes that on 27 April 2006 the National Action Plan for Migration and Asylum was adopted by Decision No. 448 and then modified by Decision No. 1413 of 13 December 2006. The Committee requests the Government to provide further information on the implementation of section V of Decision No. 1386-XV, including information on the measures taken to ensure the participation of the social partners in the implementation of the national migration policy. Please also provide a copy of the National Action Plan for Migration and Asylum and, if possible, a summary in English of its main aspects.
Articles 2, 4 and 7. Information and assistance services to migrant workers. The Committee notes from the Government’s report that the National Employment Agency (NEA) is responsible for providing information to potential migrants on the rules of entering, staying and performing labour activities, as well as on the conditions of residence in the country of employment. The Committee also notes that the NEA participates in drafting proposals on the implementation of programmes designed to facilitate the adaptation of migrants and is further called, among other things, to provide free labour mediation services for all categories of job seekers within the country. Furthermore, the NEA is a part of the World Association of Public Employment Service (WAPES), a network pursuing international cooperation between national employment agencies. The Committee requests the Government to provide additional information on the measures taken by the National Employment Agency to implement its mandate. The Committee also requests the Government to clarify whether the services supplied by the National Employment Agency are directed at both emigrants and immigrants and whether they are free of charge. In light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants can find themselves, the Committee encourages the Government to take steps to provide information services specifically targeting women migrant workers. Please also supply information on the cooperation established under the WAPES with regard to migration issues.
Article 3. Misleading propaganda. The Committee notes the Government’s indication that the National Action Plans for Migration and Asylum encompass awareness-raising campaigns on the threats of illegal migration. Information campaigns are also being carried out (including through the mass media) with regard to the trafficking of human beings. The Committee also notes that a working group encompassing various ministries, including the Ministry of Social Protection, Family and Children and the Ministry of Economy and Trade, and the International Organization for Migration, was established to develop the actions called for under the Plan. The Committee further notes that on 13 March 2007 the project “Elimination of trafficking in human being in the Republic of Moldova and Ukraine through labour market-based measures” was launched under the auspices of the ILO. The Committee requests the Government to provide information on the implementation of these measures and their impact on preventing abuses in respect of migrant workers due to misleading information on the migration process. Please also supply statistical information on the dimension of the trafficking phenomenon and indicate whether any agreements have been signed with other interested States to combat misleading propaganda relating to both emigration and immigration.
Article 5. Medical services. HIV/AIDS testing. The Committee notes the Government’s indication that the Ministry of Health, the Ministry of Social Protection and the Ministry of Justice set out specific regulations on the compulsory medical check-up of immigrants and Moldovan citizens emigrating abroad for temporary employment. A special focus during these checks-up is placed upon detecting HIV/AIDS infections. The Committee notes that from a reading of sections 15.1(d), 23(f) and 32 of the Law on Migration and of sections 8 and 32 of the Law on the Legal Status of Status of Foreign Citizens and Stateless Persons, it can be concluded that a foreign citizen affected by HIV/AIDS may be deemed to represent a “threat” to the health of the population and may thus be prohibited from immigrating to the country or expatriated, if already admitted. The Committee stresses that the refusal of entry or repatriation on the ground that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination and is contrary to the Convention. The Committee requests the Government to ensure that no restrictions on the entry or repatriation of migrant workers due to a worker’s illness or infection unrelated to his or her ability to perform the work are applied.
Article 6. Equality of treatment. The Committee notes that under article 19 of the Constitution, foreigners enjoy the same rights as citizens. The Committee also notes that pursuant to sections 3 and 8 of the Labour Code, foreigners working on the basis of an individual labour contract with an employer carrying out his or her activities in the country are protected from indirect and direct discrimination in the field of work on the grounds of sex, age, race, nationality, creeds, political convictions, social origin, place of residence, physical, intellectual or mental disability, membership of trade unions or participation in trade unions’ activity and other criteria not related to professional qualities of the worker. However, the Committee notes that migrant workers from Africa and Asia are reported to face serious discrimination, including in the field of work (see European Commission Against Racism and Intolerance (ECRI), CRI (2008) 23, paragraph 54 and CERD/C/MDA/CO/7, paragraph 20, 16 May 2008). Moreover, the Committee notes that, according to the report compiled by ECRI in December 2007, African and Asian migrant workers are extremely reluctant to bring their cases before national courts (ECRI, CRI (2008) 23, paragraph 55). The Committee requests the Government to provide full information on the practical measures taken to ensure that the relevant national provisions covering the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country, including African and Asian migrant workers. The Committee also requests the Government to supply information on any infringements of the principle of equality of treatment in respect of the matters enumerated Article 6(1)(a) to (d) detected by the labour inspectorate services, the sanctions imposed and the remedies provided.
Article 8. Continued residence in case of incapacity for work. The Government’s report seems to indicate that migrant workers admitted on a permanent basis in the country maintain their residence permit in case of incapacity for work deriving from illness contracted or injury sustained subsequent to entry. Please indicate the specific provisions in the legislation guaranteeing the right of permanent migrant workers to remain in the country in case of incapacity for work.
Article 9. Remittances. The Committee notes the Government’s indication that the issue of export and import of currency is regulated by Law No. 1569-XV of 20 December 2002. The Committee also notes that the Aeneas Project was launched with a view to developing a framework to direct migrants’ remittances towards the development of entrepreneurial activities in Moldova. Please provide further information on the implementation of the Aeneas project.
Article 10. Agreements for cooperation on migration issues. The Committee notes that an agreement for cooperation on migration issues was signed with Azerbaijan on 22 February 2007, while agreements on labour migration and social protection of migrant workers were signed with the Russian Federation in 1993, Italy in 2004 and Belarus and Ukraine in 1994. The Committee also notes that some other bilateral agreements concerning labour migration and social protection of migrant workers are being negotiated. The Committee further notes that in June 2008 the Government signed the EU Mobility Partnership Declaration. The Committee requests the Government to keep the Office informed on the number and scope of the agreements signed with regard to migration issues.
Annex I. Articles 3 and 5. Private recruitment agencies. The Committee notes that activities related to job placement of Moldovan citizens abroad are carried out on the basis of specific licences granted in accordance with Law No. 451-XV of 30 July 2001 on Licensing some Types of Activity. The Committee notes the National Employment Agency is mandated to control the labour contracts between the employer and the migrant worker, including whether information on the conditions of work have been included in the contract. The Committee further notes the Government’s indication that no private agencies are granted any licences to recruit immigrant workers. Moreover, the Committee notes that under Decision No. 1077 on Temporary Employment of Migrant Workers, private agencies are punished with the suspension or the withdrawal of their licence in case they provide information related to migration against payment. More generally, the Government indicates that the activities of private agencies are supervised by the Licensing Chamber, the National Employment Agency and the Labour Inspection. The Committee notes that during the reporting period about 12 licenses were withdrawn and two licences were suspended for breach of the law regulating the issuance of licences. The Committee requests the Government to continue to provide information on the monitoring activities carried out by the abovementioned competent bodies in respect of private recruitment agencies, including information on the sanctions imposed in case of breaches of the relevant regulations.
Annex I, Article 8. The Committee notes that the some amendments were introduced in the Criminal Code to give effect to Article 8 of Annex I of the Convention. Please supply a copy of these amendments and provide information on their application in practice.
Parts III to V of the report form. The Committee notes the Government’s indication that a Migration Policy Section was created within the Ministry of Economy and Trade with the mandate to draft policies on labour migration and the promotion of migrant workers’ social protection. The Committee also notes that no judicial decisions related to the application of the Convention were handed down during the reporting period. The Committee requests the Government to supply information on the activities carried out by Migration Policy Section. It also encourages the Government to take the necessary measures to promote public understanding as well as raise awareness of the issues covered by the Convention. Please also provide information on any judicial and administrative decisions related to the application of the Convention and on any violations detected by the labour inspectorate services in this regard, the sanctions imposed and the remedies provided.