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Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - France (Ratification: 1954)

Autre commentaire sur C097

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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.

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