Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Autre commentaire sur C097

Observation

2012

Demande directe

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Article 1 of the Convention. General agreements and special arrangements. The Committee notes that during the period covered by the report the following agreements were concluded: agreements with Brazil regarding the provision of health services; the Ibero-American Multilateral Agreement on Social Security; and bilateral agreements on social security with Austria, Belgium, France, Luxembourg, the Netherlands and Switzerland. Furthermore, the National Directorate for Social Policies at the Ministry of Social Development signed an agreement with the International Organization for Migration (IOM) in February 2011 with the aim of establishing a legal reference framework to raise awareness of the situation of the immigrant population. The Committee requests the Government to continue to provide information on migration agreements concluded with other States.

Articles 2 and 4. Assistance services for migrant workers. The Committee notes that under the terms of section 12 of the Migration Act, all migrants shall be entitled to information provided by the State on their rights, duties and guarantees, especially regarding their status as migrants. Chapter XIV refers to Uruguayan nationals abroad, and section 73 in particular establishes that the Ministry of External Relations, through the Directorate-General for Consular Matters and Liaison, shall be responsible for coordinating national policy on liaison and return issues regarding migrants. The Directorate formulates and implements this policy through the External Service of the Republic and encompasses the Return and Welcome Office and the Directorate for Liaison, which have links with civil society organizations inside and outside the country, such as the support network for migrants in Uruguay and the advisory councils for Uruguayans resident abroad, the latter being recognized in section 74 of the Migration Act. The objective of the support network for migrants is to undertake multidisciplinary work with various organizations working on migration and its structure includes government bodies, international organizations, the university, the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) and civil society. The Migration Act also establishes facilities for Uruguayans who decide to return to the country. The Committee requests the Government to provide information on the operation of these entities, the services that they provide, particularly the type of information provided to Uruguayan migrant workers abroad and to foreigners working in Uruguay, and what steps are taken to ensure that such information actually reaches those it is intended for.

Article 6. Equal treatment. The Committee notes that section 7 of the new Migration Act states that foreigners who enter and remain lawfully on the national territory are guaranteed the right to the same treatment as nationals with regard to rights and obligations. Section 8 states that migrants and their families shall enjoy rights to health care, work, social security, housing and education on an equal footing with nationals. These rights shall receive equal protection in all cases. Section 16 states that migrants shall enjoy equality of treatment with nationals as regards employment. Section 19 states that foreigners in the “permanent resident” category may take up dependent employment or self-employment under the protection of the labour legislation in force. Similarly, those in the “temporary resident” category may take up employment under the same conditions during the period of residence that has been granted. Section 18 states that migrants shall enjoy, with regard to social security, the same treatment as nationals provided that they comply with the relevant provisions of Uruguayan legislation and of ratified bilateral and multilateral instruments. In addition, section 3 of Decree No. 394/2009 provides that migrants shall have the same labour rights as nationals with regard to admission to employment, remuneration, conditions of work and access to the means of vocational training. The legislation also provides that workers who have complied with contribution requirements are entitled to unemployment benefit, sickness benefit, maternity leave and family allowances. The Committee requests the Government to provide information on the implementation of all these provisions in practice and of any other provisions relating to the matters covered by Article 6 of the Convention. The Committee also requests the Government to provide information on the adoption of a government policy on equal treatment for foreign and national workers and on any other specific measures addressing the problems faced by migrant workers.

Article 8. Non-return in the event of sickness or accident. The Committee notes the Government’s reference to sections 8 and 18 of the Migration Act mentioned above. It adds that section 43 of the Act provides that migrants shall enjoy equality of treatment with regard to nationals in relation to social security and specifically concerning the requirements for admission and entitlement to benefits in all contingencies protected by the legislation in force. Act No. 16713 refers to the contingencies covered, including invalidity, old-age and survivors’ benefits. The Government adds that under section 19(c) of the Act, resident workers, irrespective of their nationality, who have fulfilled the previous contribution requirements established by the legislation are entitled to benefits for total incapacity. The Government affirms that the right of residence is not lost as a result of becoming incapacitated for work.

Statistical information. The Committee notes the extensive and detailed statistical information compiled by the National Directorate for Migration, which makes it possible to assess developments in the situation of workers entering and leaving the country over the years. The Committee notes that of 1,071 residence permits granted in 2011, 395 were granted to Argentine citizens, 200 to Brazilians, 33 to Chileans, 72 to United States citizens and 147 to Europeans. The Committee notes that out of 415 male workers aged 14 years or over, 15.4 per cent were technical professionals, 15.7 per cent were administrators or managers, 15.2 per cent were office employees and 21 per cent were engaged in commerce. Of 255 female workers aged 14 years or over, 20.9 per cent were technical professionals, 16.7 per cent were engaged in commerce, 13.3 per cent were office employees and 10.7 per cent were administrators or managers. The Committee also notes the information contained in the 2011 Migration Profile for Uruguay prepared by the United Nations Development Programme for the IOM. The Committee notes that, according to the Profile, the Ministry of External Relations, through the Return and Welcome Office, collects information on immigrants by means of a questionnaire on socio-demographic characteristics. The Committee requests the Government to continue to provide statistical information on immigrants, disaggregated by sex, country of origin and sector of activity, and also any available information of the same type concerning Uruguayan workers abroad.

Parts III and V of the report form. The Committee again requests the Government to provide information on the results of the work of the labour inspectorate with respect to migrant workers, particularly as regards penalties imposed on employers for non-compliance with the Migration Act and its implementing regulations. The Government is also requested to provide information on the activities of the Commission on Migration Issues.