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MEIM/1997/D.4 |
Tripartite Meeting of Experts on Future ILO Activities
in the Field of Migration
Geneva, 21-25 April 1997
Report of the Tripartite Meeting of Experts on
Future ILO Activities in the Field of Migration
1. At its 267th Session (November 1996), the Governing Body of the International Labour Office decided to convene a Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration. The Meeting was held in Geneva from 21 to 25 April 1997.
Agenda of the Meeting
2. The agenda of the Meeting was the following:
- guidelines on the protection of workers engaged under temporary migration schemes;
- guidelines on the protection of workers from one country recruited by private agents for employment in another country; and
- pattern or practice studies of the exploitation of migrant workers not falling under Convention-based procedures.
Participants
3. Forty experts were invited to the Meeting, 20 of them appointed by governments (Government experts), ten after consultation with the Employers' group (Employers' experts) and ten after consultation with the Workers' group of the Governing Body (Workers' experts). The Meeting was attended by 39 of the experts invited.
4. Several observers also attended the Meeting, representing the Government of Germany, the Government of Malaysia, and the Government of Morocco, the Organization of African Unity, the Arab Labour Organization, the International Organization for Migration, the Council of Europe, the World Confederation of Labour, the International Confederation of Free Trade Unions, the World Federation of Trade Unions, the International Organization of Employers, the International Federation of University Women, the Women's International League for Peace and Freedom, the Women's World Summit Foundation, the International Catholic Migration Commission and the World Council of Churches.
5. The list of participants is annexed to the report.
Opening address
6. The Meeting was opened by Mr. Ali Taqi, Assistant Director-General of the ILO. In welcoming the participants to the Meeting, he expressed appreciation to them for bringing their experience and knowledge to advise the Office on such a sensitive and technical topic as the international migration of economically active persons. He referred to the growing complexity of this phenomenon and the fact that, starting in Asia, private recruitment agents had taken in hand matching and placement functions previously performed by public authorities. Migrant-sending countries' governments were torn between facilitating access to employment opportunities abroad for their nationals and protecting them while abroad. The latter was especially difficult where unskilled migrants moved to other countries because they were more defenceless and easily exploited than highly qualified persons.
7. He explained that ILO Meetings of Experts were technical in nature and composed of individuals appointed in their individual capacity. On this occasion, guidelines concerned with time-bound migration and private recruitment agents, as well as suggestions on what the Office might do to tackle persistent malpractices or the exploitation of migrant workers, were the object of the Meeting. Guidelines represent a statement of principles which potential users can make use of when they have to design policies, procedures, measures and mechanisms, or when they have to evaluate them.
Election of Chairperson and Reporter
8. Ambassador L. Bautista, the expert nominated by the Government of the Philippines, was unanimously elected as Chairperson of the Meeting. Mr. J. Sithole of the Swaziland Federation of Trade Unions and Mr. A. Tena Morelos of the National Commission of Labour Affairs of COPARMEX were designated as Vice-Chairpersons by, respectively, the Workers' and Employers' experts. Ms. G. Aslantepe, the expert nominated by the Government of Turkey, was unanimously elected as Reporter of the Meeting.
Presentation of the working document
9. The discussion paper prepared by the Office was introduced by Mr. Werner Sengenberger, Director of the Employment and Training Department. In focusing on the chapters ending with draft guidelines or suggestions, he first clarified the terminology relating to time-bound migrants, which was meant to cover seasonal workers, project-tied workers, special purpose workers, cross-border service providers, students and trainees but no other categories. The guidelines concerning them, as well as those concerning private recruitment agents, had the objective of inspiring policy-makers and administrators but carried no legal obligations. It would be up to the ILO's constituents to decide how to use them and adapt them to their national situations. He finally referred to the absence of formal rules of procedure, which was meant to facilitate a free exchange of views among the experts present here.
Report of the discussion
General discussion
10. Many of the experts welcomed the initiative by the Office in elaborating draft guidelines to protect those migrants who are among the most vulnerable of today's workers. In some of the traditional immigration countries the temporary or time-bound migrant workers which the guidelines were meant to cover represent an already large and growing segment of overall immigration. Several Government experts drew attention to the phenomenon of irregular or undocumented labour migration, which in their view represented a much larger proportion in many countries than the categories of time-bound migrant workers that the ILO proposed to cover with guidelines. They argued that, although temporary migrant workers are subject to disadvantages, they are less vulnerable than the illegal or undocumented migrants. The Workers' experts pointed to the precarious nature of the migrants' conditions where they moved or worked in an irregular situation.
11. Some Government and Workers' experts, as well as some observers, pointed to the growing proportion of women workers in labour migration flows, and questioned the exclusion of groups such as women domestic helpers from the coverage of the guidelines. They cited the serious problems of protection that urgently needed to be addressed, including discriminatory treatment, intolerable conditions of employment, sexual abuse and violence.
12. Employers' experts expressed their support for the elimination of illicit practices in the migration of workers. They believed that measures to regulate migration should be sufficiently flexible to discourage irregular migration. They also favoured establishing bilateral agreements to combat fraud and regularize the situation of migrant workers. They also stressed the value of collective representation in order to prevent malpractices and discrimination.
13. Some Government experts pointed to the problems of relying on standard setting to protect migrant workers. While ILO Convention No. 97 had been ratified by 41 States, ILO Convention No. 143 had been ratified by only 18 and ILO Convention No. 157 by only three States. Even the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families which has many provisions elaborating on the rights of undocumented migrants had been ratified by only eight States. The representative of the Council of Europe cited the European Convention on the Legal Status of Migrant Workers, which had been ratified by only eight out of 40 Member States. Some experts argued that a key problem was the lack of information and documentation on the real situation of migrants in specific countries. It would be desirable to undertake surveys on pertinent issues such as how to assist temporary migrant workers and how private recruitment agencies operate.
14. Several intergovernmental and non-governmental organizations present welcomed the initiative by the ILO, expressed their views on the subjects under consideration and indicated the activities carried out by their organizations. It was noted that ILO activities were instrumental in renewing the interest in the issues of migrant workers in different regions. It was regretted that few women were designated as experts, none among the Employers' and Workers' experts.
15. The Workers' experts stated that the situation of temporary migrant workers was indeed a cause for serious concern. In their opinion, the present Meeting offered an opportunity to extend protection to these workers and their families. However, there was also a risk that such protection would be agreed upon at the level of the lowest common denominator. They considered that the Meeting should be a step in improving the use of international labour standards and recommending appropriate procedures to bring the presently excluded categories of migrant workers within the purview of relevant ILO Conventions. The guidelines should indicate the various means for improving the social security coverage of different categories of migrants in time-bound activities.
16. Several Government experts noted the rapid changes occurring in the nature and scope of the migration of workers. These changes complicated the choices which policy-makers had to consider between efficiency in the allocation of skills and equity in the treatment of migrant workers. Some countries found it difficult to improve the situation of regular migrant workers under the impetus of a growing flow of unauthorized entries. They also questioned the benefits at national level of decisions taken at sectoral level or by individual employers, to extend benefits to migrant workers on re-entry. It was also noted that social security and other benefits were being cut back in many countries. Therefore, increasing the benefits to migrant workers through the accumulation of rights would be hard to achieve. Some Government experts noted that the principle of equality of treatment for nationals and migrant workers should apply. This could probably be achieved best through bilateral agreements.
17. Some Government experts expressed their concern that the issue of irregular migrants made it more difficult to ensure equitable treatment for lawfully present migrants. They noted that regular migrants in time-bound activities are disadvantaged due to lack of labour market information. This led to discrimination, which was being aggravated by the presence of irregular migrants. They felt, that in order to improve the situation, all categories of migrants should be covered by the draft guidelines.
18. The representative of the Director-General, Mr. W.R. Böhning, responding to the questions raised, agreed with the experts that irregular or undocumented migrant workers were indeed the most vulnerable workers. He clarified that Part I of ILO Convention No. 143 covered irregular migration and illegal employment. The proposed suggestions on pattern or practice studies could be aimed at migrant workers subject to persistent exploitation and maltreatment. In the case of female workers it was explained that they were not specified in the proposed guidelines because these would apply equally to male and to female workers and because existing ILO Conventions, particularly No. 97, already provided for their basic protection. The problem with protecting domestic workers was not so much a lack of international norms to guide policy-making but the fact that they were often not even covered by national labour law. Realizing the limits to normative activities, the Office had in fact been providing assistance to member States in identifying practical ways to help female domestic helpers and by supporting trade unions and NGOs that provide direct assistance to these migrant workers.
Special protective measures for migrants
in time-bound employment
19. Experts briefly considered the wisdom of including definitions of time-bound workers identified in the Office paper. Reflecting on the previous discussions several experts argued that women workers who are in vulnerable occupations deserved special attention and should be referred to specifically in the guidelines, and this concern was eventually incorporated in a new preambular paragraph. Some experts were doubtful about including the self-employed, a category which included the growing number of service providers. Proposals to include irregular workers were opposed since, as the ILO paper pointed out, they were already covered by Part I of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, as reflected in paragraph 2.1 of the guidelines.
Accommodation
20. The issue of providing adequate accommodation for seasonal and project-tied migrant workers drew considerable debate. Most of the Government experts agreed with the Workers' experts that employers who bring such migrant workers to a country should be responsible for providing them with accommodation. In the view of the Workers' experts, the responsibility implied that the accommodation should not fall below national standards. The Employers' experts argued that since conditions varied considerably among different types of employment, the provision of accommodation was best left to the employment contract.
21. Some Government experts raised the problem that arose where there were equally severe housing problems for national workers. Since employers were not required to provide housing for national workers, would such a requirement in the case of foreign seasonal workers not lead to inequitable treatment? Defining what is "appropriate accommodation" was also problematic in the view of some experts. There was eventually a consensus however that in practice, and as the Office paper stated, many migrants engaged in time-bound activities could not be expected to have the time and resources to look for housing, hence this responsibility must be assumed by the employers.
22. A Government expert drew attention to the experience and practices in some countries which suggested that guidelines on the matter of accommodation for seasonal workers would have to consider many factors. While a policy requiring employers to provide housing might be helpful to the migrants, it could also have the undesirable consequence of binding the migrants to their employers. However, in most situations the alternative of requiring employers to provide housing allowances might not solve the difficulty since housing was generally not easily available, neither for example in isolated plantations nor in congested cities.
23. There was agreement among the experts to place the responsibility for migrants' housing on the shoulders of employers, be they private or public employers, subject to specification in the migrants' employment contract, as well as to delete paragraph 76 of the proposed guidelines entirely because it was merely a description of the housing situation of certain categories of time-bound migrant workers and did not envisage any new rights.
Tied employment
24. The Office's proposal to give migrants opportunities to change employment on human rights grounds gave rise to considerable debate among the experts. While no one denied that the right to free choice of employment must be respected, some experts interpreted this to mean that workers should enjoy such rights within their own countries, not necessarily if they entered another. The Office clarified that this was a basic right which, according to the Universal Declaration of Human Rights, applied with equal force to migrants. Several Government experts noted the State's sovereign right to determine their own migration policies.
25. Some experts argued that tied employment was inherent in the nature of time-bound activities, while others thought that it was simply a reflection of immigration law and regulations. Nevertheless, some Government experts questioned the feasibility of the proposals in view of the diversity of situations and different periods of employment, some being only for a few weeks while others could last for several months or even years.
26. Most experts were of the opinion that, if migrant workers were to be allowed free choice of employment, those who had been working legally in the country for some time should be given priority over new recruits. A Workers' expert stressed the advantage to the employers and to the country of permitting change of or re-employment of migrant workers since they were likely to be more productive than new recruits. In all such situations it would be necessary to obtain the authorization of the competent authority.
27. The experts discussed different situations where a change of employment might be fully justified. Particular reference was made to the case of migrant workers who lost employment through no fault of their own, as in the case of bankruptcy of the employer, and also where the employer was agreeable to the worker changing jobs. In the end, agreement was reached on the formulation that dropped the time conditionality foreseen and the specification of the categories to which the guidelines applied.
Wages and other terms of employment
28. The proposals concerning remuneration, in particular those relating to the elimination of abuses, sparked a lively debate. The experts fully endorsed the principle of equal remuneration for work of equal value. Some experts drew attention to the difficulties faced in implementing effective measures in combating and rectifying abuses.
29. The Workers' experts attached importance to appropriate coverage of the remuneration issues. They noted a high incidence of abuse. In the case of non-payment of wages that are due, the proposed provision of a compensation account had their full backing. However, they considered that the amount proposed of one month's wage or salary was insufficient.
30. The Employers' experts, although being in agreement with the principles of equality and fair treatment, stated their opposition to provisions which, according to them, were impracticable. A compensation fund would not only be difficult to administer but would also put a heavy financial burden on the employers concerned. They favoured the protection of migrant workers through the general provisions on underpayment or non-respect of minimum wages. They found inappropriate the provision in respect of wages and other terms of employment for trainees.
31. Several Government experts noted that the problem of non-payment or underpayment of wages was important and part of the wider issue of contract substitution. They considered that cases might arise where even two months of salary deposit would not cover the claim by the worker concerned. A system of insurance coverage, for example through guarantee bonds, would be more effective. It was also noted that many migrant workers in time-bound activities were paid on the basis of piece-rates, which made monthly amounts inoperable. Government experts also questioned the appropriateness of such a provision for migrant workers if no similar arrangements existed for national workers and pointed out that the institutional arrangements foreseen were rather cumbersome.
32. After extensive discussion, it was noted that policy-makers could consider different options: a fund, a form of guarantee bond or regulation by the competent authorities. There was no ideal solution and in any case the question of equality for national workers remained an issue. The experts therefore decided to combine the different provisions into one general statement on equality of treatment between national and migrant workers. It was also decided to retain the provision in respect of trainees, with a slight modification relating to regular employment.
Family migration and reunification
33. For some experts, the temporary and often short-term nature of migrants' employment did not justify family reunification. Others felt that human rights were involved and needed to be upheld. Still others explained that their laws permitted family reunification under certain conditions.
34. The Workers' experts, who were fully in favour of the principles enunciated, felt that receiving countries should authorize both family visits and family reunification. The Employers' experts cautioned that the proposals should remain practical and in accordance with countries' laws and regulations as otherwise they would only constitute good intentions without impact. Government experts were in favour of retaining the provision, with some clarifications and minor changes in the text. The experts did not feel that it was necessary to include the proposed provision aimed at students and trainees.
Freedom of association
35. The Workers' experts wholeheartedly endorsed the Office's idea to spell out that migrant workers, like any other workers, should enjoy the right to establish or join unions and that they should be protected against acts of anti-union discrimination. If there was a question in their mind it concerned the wisdom of the setting up by migrant workers of unions of their own. The Workers' experts much preferred that migrants formed part of the unions already existing in migrant-receiving countries. Furthermore, they felt that the Office's proposals were actually limited to certain Articles of ILO Conventions Nos. 87 and 98, whereas they wanted migrant workers to be able to enjoy all of the rights contained in these Conventions.
36. Employers' experts were also unsure whether it was necessary to accord time-bound migrants the right to establish trade unions, but they had no objection to them joining workers' organizations. In the end, the Workers' experts reformulation found general acceptance.
Social security
37. The experts agreed that adequate social security protection should be provided to migrant workers in time-bound employment and to their family members. It was noted that only a few countries had ratified the Maintenance of Social Security Rights Convention, 1982 (No. 157). A number of experts invited the Governments to take the necessary steps for the speedy ratification of these international standards. A Government expert, while not objecting to this course of action, reminded the Meeting that its discussion should remain limited to contribution-based social security and not extend to tax-based systems.
38. The Employers' experts questioned the detailed nature of the Office's proposals. It should not be overlooked that social security arrangements for migrant workers involved monetary transfers between countries. They feared that rigid prescriptions would be counterproductive. They would be in favour of promoting bilateral arrangements. Government experts generally supported this view. The Workers' experts also endorsed this strategy of providing more effective social security coverage through intergovernmental agreements.
39. The principle of equality of treatment in social security coverage was discussed in some depth. The experts distinguished two important dimensions in this respect: (i) the costs and benefits from the viewpoint of the migrant workers; and (ii) the labour market perspective. The Workers' experts proposed that it should be explicitly stated that migrant workers in time-bound activities, if required to contribute to social security systems, should also derive benefits from these systems. Government experts raised the issue of coverage of migrant workers in relation to nationals, in particular at times when social security systems were under financial pressure. Some Government experts acknowledged that freeing migrant workers and their employers from the obligation to contribute to social security, would have the effect of creating biases in the labour market against national workers, and in the product markets in favour of those who employ foreign labour.
40. Several experts doubted if the great variety of social security situations could be adequately captured in the guidelines. The Workers' experts drew attention to the principle of acquired rights, through which migrant workers in time-bound activities should enjoy the benefits of social security systems to which they had duly contributed. The experts agreed that the proposals should include measures to enhance the portability of social security rights.
41. As a result of these various considerations it was agreed that the guidelines should, firstly, reassert the equality principle with respect to social security for migrants. Secondly, when time-bound migrant workers cannot enjoy benefits in their temporary place of employment, one should consider the possibility of transferring their entitlements. And thirdly, inter-country arrangements should be foreseen so that spouses and children who stayed in the migrants' home country would not be deprived of health care or maternity benefits.
Return
42. The experts discussed the scope of the proposals for facilitating the return of time-bound migrants. Some Government experts, while appreciating the procedures presented in the proposals, questioned the approach adopted. In their opinion, the text was directed at ensuring a high degree of return of these workers, while the emphasis should be on protecting migrant workers in the return process and preventing arbitrary expulsion. The Employers' experts stated that the proposals were far too detailed and difficult to fulfil.
43. There was a prolonged discussion on the enjoyment of due process of law in respect of the expulsion procedure. The Workers' experts objected strongly to expulsion by administrative authority as they feared that this would lead to discriminatory action towards migrant workers. They were in favour of reserving this right to the judicial authorities. Government experts, while noting the apprehensions of Workers, stated that such administrative measures would be subject to appeal and in fact could be, in certain circumstances, to the advantage of the workers concerned. Following some misunderstandings on the French translation of the terms and after it was clarified that "due process of law" would indeed encompass the right to appeal, the experts agreed to retain this part of the proposal.
44. Several of the return-oriented Office proposals were finally amalgamated into a single sentence indicating that governments and employers should ensure that provisions are made for migrants to return on completion of their time-bound employment.
Special protective measures for migrant
workers recruited by private agents
Means to promote orderly migration
45. To promote orderly migration some experts welcomed the Office's proposals on opening recruitment to private agencies, promoting cooperation between private agencies and the public employment services, and at the same time enhancing the capabilities of public employment services in the recruitment and placement of migrant workers. However, in view of abuses and malpractices, private agencies should be regulated and strictly monitored by governments as stipulated in the existing Fee-charging Employment Agencies Convention (Revised), 1949 (No. 96). The Employers' experts also indicated that protection measures should be applied to all migrant workers, whether they were recruited by private agencies or by public employment services, or directly by foreign employers.
46. Employers' experts felt that there was an implicit assumption in the guidelines that recruitment malpractices and abuses were specific only to the operations of private recruitment intermediaries. This assumption, in their view, was not altogether correct since such malpractices also characterized public recruitment as well as the direct hiring by foreign employers. They expressed concern that the proposed guidelines, which argued for more active participation by public employment services and for allowing more direct recruitment, were inequitable since they would not allow private agents to compete on a level-playing field. They suggested that Government bodies responsible for regulating recruitment should not be engaged in recruitment themselves since it would give rise to a conflict of interest.
Controlling recruitment fraud and malpractices
47. The Workers' experts were strongly opposed to any fees charged to the workers for recruitment or for providing employment even though the practice was allowed by governments in some countries. They cited three reasons. Firstly, according to the ILO Constitution, labour is not a commodity and therefore workers should not be charged any fee for recruitment or employment. Secondly, the proposed revision of Convention No. 96, submitted for discussion at the 85th Session of the International Labour Conference, foresaw that private employment agencies should not charge directly or indirectly, in whole or in part, any fees or costs to workers (Article 6). Thirdly, the private agents should charge any administrative costs to the employers who are in need of the services of the migrant workers. Consequently, the Workers' experts considered that charging workers any fees for recruitment services was per se a malpractice. They also proposed that the fundamental principle of not charging the workers any fees should be stipulated in the guidelines. The views of the Workers' experts were shared by many Government experts but several of them indicated that, although they concurred with the principle of not charging migrant workers fees, their current practices were to set limits to such fees. Government experts from several Asian migrant-sending countries explained that they allowed the operation of private fee-charging recruitment agencies, but only under supervision by national authorities in line with the existing ILO Convention No. 96 and as laid down in their national laws and regulations. A proposal by the Office to insert the word "unjustified" in paragraph 161(c) before the term "fees", was not accepted.
48. The Employers' experts felt that the issue of not charging fees to workers was already covered under the self-regulation by private agents as a principle and, therefore, it was not necessary to include it in the list of malpractices.
49. To the list of abuses identified by the Office, the Workers' experts proposed to add provisions in employment contracts which denied migrant workers their fundamental rights, in particular freedom of association. The Government experts added another type of abuse, namely, the recruitment with forged travel documents and other misrepresentations of personal details of migrants.
50. During the discussion on abuses, Government experts raised the issue of two contracts signed by migrant workers: one with the private agent and one with the foreign employer. They suggested that in order to protect migrant workers against such malpractices, the contract signed in the migrant-sending country be endorsed by the Embassy of the migrant-receiving country and copied to the employer.
51. The experts found the proposals on various procedures and measures to be established in both migrant-sending and receiving countries were both relevant and appropriate. During the discussion the Government experts raised the issue of abuses against minors, women migrant workers and forced prostitution. It was proposed to call for effective measures to eliminate these illegal recruitment practices.
Self-regulation by private agents
52. The experts welcomed the proposed code of practice for the self-regulation of private agents. The Workers' experts raised the following issues and proposed to include them in the code of practice: ensuring that migrant workers are duly informed in their native language on the terms and conditions of their employment; that information contained in the register is strictly limited to issues directly related to recruitment and that the privacy of migrant workers and their families is duly respected. Those suggestions were unanimously accepted.
Pattern or practice studies of the exploitation
of migrant workers not falling under
Convention-based procedures
53. This agenda item was introduced by Mr. W.R. Böhning, Chief of the Migration Branch and representative of the Director-General. The question at issue was what the Office could do when migrants were evidently exploited and existing ILO Conventions were inapplicable. Technical cooperation projects, advisory missions, national seminars and the Director-General's good offices were useful but perhaps not the most effective means of action. Therefore, the Office had proposed what it called "pattern or practice studies", which could be foreseen in countries receiving migrants as much as in countries sending migrants. The Office started from the assumption that it could not undertake any study in any country without the consent of the government concerned. If the Office received bona fide allegations of exploitation of migrants, it should verify the information first. If there was a prima facie case of exploitation, and as a first step, the Director-General should inform the concerned government and solicit its observations. If the government's response were to imply that there might be some basis for the allegation conveyed, the Director-General should -- as a second step -- raise the question whether it would be useful to throw light on the question through a study in the country concerned. If the government's response was negative, the matter should rest there. If the government concerned indicated that it would not be opposed to a study, the Director-General should promptly seize the relevant committee of the Governing Body of the matter. Only after the government's consent had been obtained in the Governing Body would, as a third step, a pattern or practice study be initiated. Its aim would be to have relevant policy-makers look at what goes wrong and what can be done to right it.
54. The experts welcomed these clarifications on the procedure as well as the assurance of the Office that its intention was far removed from the idea of instituting a mechanism that would lead to the pointing of fingers at governments. Instead, the Office's intention was to help ILO constituents to find solutions to problems in a practical way, through a low-key approach and without attracting the limelight. Furthermore, the representative of the Director-General, Mr. W.R. Böhning, clarified that the Office, as was the case today, would not react to communications by individuals or to individual cases of maltreatment but only to communications by governmental or non-governmental organizations and where they concerned "patterns or practices" of exploitation.
55. The Workers' experts put forward a series of reformulations in paragraph 181, starting with the deletion of the reference to "groups of people rather than merely individuals". They also wished to see added mention of the danger to personal security and life faced by migrants. Their insistence to delete later in that paragraph all references to fees being charged to migrants was also accepted on the grounds that the charging of such fees was by itself something that was not in accordance with the ILO Constitution. Several Government experts from Asian migrant-sending countries reiterated their view that, in accordance with the existing ILO Convention No. 96, prior to the envisaged phasing-out of fee-charging employment agencies, they were obliged to supervise the activities of these agencies and set certain maximum levels of fees.
56. A number of Government experts sought clarifications on the nature of exploitative practices listed in paragraph 181 -- which the Office indicated was meant to be illustrative -- and suggested additions such as the imposition of very harsh working or living conditions and degrading treatment, abuse of minors and women or forced prostitution. These suggestions were widely supported, as was the request by several Government experts to consider expulsion to be exploitative when it was used as a means to deprive workers of wages and other rights due to them.
57. A few Government experts raised objections to the Office's formulation of the preamble and of paragraph 182(a). The preamble appeared to imply that maltreatment was inevitably associated with international labour migration. The Office agreed that this was not the case and proposed a small drafting change to avoid misunderstanding by insertion of the word "where" after "workers". Paragraph 182(a) was defended by other Government experts and Employers' experts on the grounds that the Office was inherently tasked with the promotion of ratification of ILO Conventions, but this would not by itself impose any obligation on governments who had designated experts for this Meeting or on others. The Workers' experts stated that, irrespective of whether Conventions had received few or many ratifications, the mere fact of their existence entailed judicial consequences and that it was the Office's obligation to encourage their ratification. As a result of this discussion, ILO Conventions Nos. 96, 118 and 157 were added to the existing text.
58. The item in paragraph 182(b) pointing to a general discussion on migrant labour questions at the International Labour Conference attracted considerable attention and led to some drafting changes aiming to make it more comprehensive.
59. Employers' experts, in referring to the last item in paragraph 182 that aimed at the collection and dissemination of information on malpractices, argued that there are also good practices in the migration field and these should also be brought to the attention of governments. One Government expert wished to see the exchange of labour market information mentioned specifically while another asked for a reference to gender. These concerns were taken account of in a comprehensive reformulation.
60. Paragraph 183 was agreed to unanimously in its entirety.
Adoption of the report
61. The Reporter presented the report of the Meeting. She explained that the report itself contained the summary of the Meeting's discussions and the three guidelines as agreed upon by the experts. The representative of the Director-General informed the Meeting that the full report, once adopted by the experts, will be presented to the Governing Body at its November 1997 session. Some minor editorial changes were made, but none which affected the content of the guidelines as approved during the previous days' discussions.
62. After examination of the report, the experts adopted it as amended.
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Geneva, 25 April 1997. |
(Signed) Amb. Lilia R. Bautista |
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Chairperson |
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Ms. Gulay Aslantepe |
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Reporter |
Annex I
Guidelines on special protective measures
for migrant workers in time-bound activities
1. Preamble
1.1. The Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration, held in Geneva from 21 to 25 April 1997, examined the special protection problems faced by citizens of one country who are employed or pursue time-bound activities in another country, and it adopted the guidelines to inspire national action and ILO activities.
1.2. International migration has become more diverse and complex in recent decades. Not long ago the world could be easily divided into two groups: migrant-sending and migrant-receiving countries. In recent years, however, virtually every country of the world, to varying degrees, has achieved the status of becoming both a migrant-sending and a migrant-receiving country.
1.3. An increasing proportion of migrants today are women; in many places they are a majority among migrant workers. They constitute an especially vulnerable group among migrants. Women migrant workers are particularly susceptible to violence, discrimination, duress and abuse, notably those isolated in domestic employment.
1.4. Men and women migrant workers should be able to exercise their human rights. There is a need to combat discrimination or behaviour which, on the basis of race, colour, gender, national or ethnic origin, religious convictions or practices, gives rise to direct or indirect discrimination or which prevents the enjoyment of human rights and fundamental freedoms.
2. Purpose
2.1. National legislation and international instruments such as the Migration for Employment Convention (Revised), 1949 (No. 97), the Equality of Treatment (Social Security) Convention, 1962 (No. 118), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Maintenance of Social Security Rights Convention, 1982 (No. 157), their supplementary Recommendations, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, cover most migrant workers in the world. However, there are gaps in national laws or regulations and international standards as regards migrants in time-bound activities, i.e. seasonal workers, project-tied workers, special-purpose workers, cross-border service providers, students and trainees who are permitted to work. Special measures are needed to protect such persons since the time-bound nature of their move between countries incurs risks, deprivations and vulnerabilities. The following guidelines indicate the kind of treatment which should in general be envisaged for these categories of migrant workers whose legal situation is regular as regards entry, residence, employment or economic activity. The treatment of irregular migrant workers has been foreseen in Part I of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).
3. Accommodation
3.1. Several categories of migrants who are to be engaged in time-bound activities cannot be expected to have the time and resources to enter a country, look for housing and then start to work. The employers should be held responsible for adequate housing arrangements concerning migrant workers, particularly in the case of seasonal and project-tied workers. The extent of their responsibility should be provided for in the contract of employment.
4. Tied employment
4.1. Tying time-bound migrants to a particular employer, occupation or sector is normal but, on human rights grounds, cannot be extended indefinitely. On economic grounds, too, the practice of tied employment in selected sectors should be strictly limited in time because it is tantamount to a measure of protection of employers, occupations or sectors benefiting from access to foreign workers at the expense of other employers in the same country or abroad.
4.2. A time-bound migrant worker in a receiving country should be given priority over candidates for migration who are abroad where a suitable vacancy exists, provided that his or her present employer does not object and the competent authority of that country agrees to the job change.
4.3. When time-bound migrants lose their employment through no fault of their own, they should be afforded the opportunity of occupying existing vacancies, if this is in conformity with national laws.
5.Wages and other terms of employment
5.1. Since 1919, the principle of equal remuneration for work of equal value has formed part of the ILO's Constitution and was reiterated in the 1948 Universal Declaration of Human Rights (Article 23(2)). Neither nationality nor time-bound employment constitute valid grounds for exceptions. The equality principle is also applicable to other terms of employment for migrant workers who perform the same activity as national workers, notably with respect to customary wage supplements, bonuses, overtime entitlements, maximum daily and weekly working hours.
5.2. In cases of underpayment of wages or non-respect of minimum wages, supplements, bonuses or overtime entitlements, migrants should be entitled, on the same basis as national workers and without undue delay, to recover by judicial or other appropriate procedures such amounts as are due to them.
5.3. Employers should be required to keep records of wage payments and deductions in respect of each worker.(1)
5.4. Trainees may be paid allowances reflecting their status when they undergo training. When they carry out a regular job they should benefit from the same wages and terms of employment as national workers.
6. Family migration and reunification
6.1. Prolonged separation and isolation of family members lead to hardships and stress affecting both the migrants and the dependants left behind, which may give rise to social, psychological and health problems, and even affect workers' productivity. Therefore, family reunification should be facilitated. Even in the case of seasonal and special-purpose workers countries should favourably consider allowing family migration or reunification.
7. Freedom of association
7.1. Migrant workers, including own-account and self-employed workers, without distinction whatsoever, should have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization and in conformity with ILO Conventions.
8. Social security
8.1. Migrants in time-bound employment or their family members must not suffer lack of protection by the mere fact of temporary absence from the home country or the temporary nature of their activity in the country of employment. Countries which have not ratified the relevant ILO Conventions are invited to consider ratification of the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and the Maintenance of Social Security Rights Convention, 1982 (No. 157).
8.2. Time-bound migrants who are affiliated to migrant-receiving countries' social security systems should be treated on the same basis as nationals of those countries, particularly in respect of occupational accidents and diseases, medical care, sickness, invalidity and maternity.
8.3. Every effort should be made to conclude bilateral or multilateral agreements to protect the rights of migrants. The areas of particular attention should include:
(a) the possible transfer of social security benefits to migrants' countries of origin when these benefits cannot be enjoyed in migrant-receiving countries; and
(b) arrangements regarding health care and maternity benefits of dependants who remain in the migrants' countries of origin.
9. Return
9.1. Upon termination of their time-bound employment or assignment, migrant workers are generally required to depart from the migrant-receiving country except where the competent authorities of the latter have granted permission to stay on for employment purposes or on other grounds.
9.2. Migrant workers and members of their families should not be subject to measures of arbitrary expulsion. Migrants who are the object of an expulsion order should enjoy due process of law in respect of the expulsion procedure. They should further have the right to claim unpaid wages, salaries, fees or other entitlements due to them.
9.3. Governments and employers should ensure that provisions are made for migrant workers to return on completion of their time-bound employment.
Annex II
Guidelines on special protective measures
for migrant workers recruited by private agents
1. Preamble
1.1. The Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration, held in Geneva from 21 to 25 April 1997, examined the special protection problems faced by migrants whose recruitment is arranged by private fee-charging organizations, and adopted the following guidelines to inspire national action and ILO activities.
2. Means to promote orderly migration
2.1. Where the number of migrants going from a sending country to a receiving country is sufficiently large, the countries concerned should consider concluding bilateral and multilateral labour agreements as an effective means to supervise migration processes and to control abuses in recruitment, placement and employment. These agreements should aim to ensure the rapid and orderly matching of employers' requests with candidates for employment abroad. They should cover key aspects such as vacancy notification, selection and recruitment, employment contracts, transport, terms and conditions of employment, grievance and disputes settlement procedures, protection of basic rights, social security, family migration and return.
2.2. The public employment services in both migrant-sending and migrant-receiving countries should play a major operative role in the recruitment, placement and employment of migrant workers. Governments should enhance the capabilities of their public employment services to perform this role through the provision of appropriate support and the training of their personnel.
2.3. Where countries recognize the capabilities of private agencies in the recruitment and placement of migrant workers and where they are given a significant role in promoting the more efficient functioning of the labour market, measures should be taken to promote cooperation between private agencies and the public employment services.
3. Controlling recruitment fraud and malpractices
3.1. In order to prevent or eliminate fraudulent or abusive malpractices on the part of private agencies, both migrant-sending and migrant-receiving countries should supervise the activities of private recruitment by means of appropriate national laws or regulations and in consultation with representative organizations of employers and workers. These laws or regulations should provide adequate sanctions against abuses or malpractices such as:
(a )advertising and soliciting applications for positions that, in reality, do not exist;
(b) providing false information to the worker on the nature and terms and conditions of employment, and to the employer on the qualifications of the jobseekers;
(c) using forged travel documents or misrepresenting the workers' personal details;
(d) charging workers fees for recruitment services;
(e) making a profit out of selling offers of employment or work visas to other recruitment agencies or to the jobseekers without actually performing any recruitment service;
(f) forcing the migrant worker, upon arrival in the receiving country, to accept a contract of employment with conditions inferior to those contained in the contract which he or she signed prior to departure ("contract substitution");
(g) withholding or confiscating passports or travel documents; and
(h) stipulating in the employment contract provisions that deny fundamental rights, in particular freedom of association.
3.2. These laws or regulations should also determine the conditions for the granting of a licence, certificate or similar authorization to private agencies to engage in international recruitment operations as well as for its suspension, withdrawal or cancellation in the event of violation of relevant legislation. Such a licence, certificate or authorization should not have a period of validity shorter than that granted to comparable commercial activities so as to encourage private recruitment agencies to take a long-term view of their investments.
3.3. Both migrant-sending and migrant-receiving countries should ensure that:
(a) adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services, involving, as appropriate, representatives of employers and workers;(2)
(b) adequate channels and procedures exist to exchange information between countries on the activities of private recruitment or placement agencies, especially with respect to degrading, fraudulent or abusive practices on their part as well as on the part of employers;
(c) a system of protection, by way of insurance or an equivalent appropriate measure, is established to compensate migrant workers for monetary loss that they have incurred as a result of the failure of a recruitment and placement service to meet its obligations to them; and
(d) effective measures are taken to eliminate recruitment malpractices and trafficking, especially those involving deception, abuse and violation of the rights of women migrants or forcing them into prostitution.
3.4 Migrant-sending countries should have, wherever possible, services in their diplomatic missions abroad to respond to the needs of migrant workers.
4. Self-regulation by private agents
4.1. Migrant-sending as well as migrant-receiving countries should encourage the self-regulation by private agents of their profession. Self-regulation should include the adoption by private agents of a code of practice to cover, inter alia, the following:
(a) minimum standards for the professionalization of the services of private agencies, including specifications regarding minimum qualifications of their personnel and managers;
(b) the full and unambiguous disclosure of all charges and terms of business to clients;
(c) the principle that private agents must obtain from the employer before advertising positions and in as much detail as possible, all information pertaining to the job, including specific functions and responsibilities, wages, salaries and other benefits, working conditions, travel and accommodation arrangements;
(d) the principle that private agents should not knowingly recruit workers for jobs involving undue hazards or risks or where they may be subjected to abuse or discriminatory treatment of any kind;
(e) the principle that migrant workers are informed, as far as possible in their mother tongue or in a language with which they are familiar, of the terms and conditions of employment;
(f) efraining from bidding down wages of migrant workers; and
(g) maintaining a register of all migrants recruited or placed through them, to be available for inspection by the competent authority,(3) provided that information so obtained is limited to matters directly concerned with recruitment and that in all instances the privacy of the workers and their families is respected.
5. Promotion of direct recruitment
and simplification of procedures
5.1. In the interest of reducing the need for intermediation and the attendant costs to migrant workers, sending countries should lift unnecessary obstacles to and provide adequate facilities for the direct recruitment of their nationals by employers of another country without discriminating against licensed local recruiters. The countries should guard against possible fraud by employers through verification of the validity of job offers and contracts. They should combat malpractices such as collecting fees or other charges for recruitment or for providing employment to migrant workers.
5.2. Sending and receiving countries should simplify as much as possible all administrative requirements and procedures concerning migrant workers to make it easy for them to know what they have to do, when and how to do it. To that end, the competent authorities should collect information useful to migrants and make it available to them before departure as well as during their stay abroad.
6. Cooperation in control of illegal recruitment
and trafficking of labour migrants
6.1. Countries should cooperate with each other for the effective control of irregular recruitment and the trafficking of labour migrants, taking inspiration from Part I of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).
6.2. Countries should make effective use of services of the mass media, workers' and employers' organizations, governmental and non-governmental organizations and grassroots organizations to make the public aware of abuses and malpractices that may occur in the course of the recruitment, placement or employment of migrant workers. A well-informed citizenry is a safeguard against fraud and malpractices.
Annex III
Pattern or practice studies of the exploitation
of migrant workers not falling under
Convention-based procedures
1. Preamble
1.1. The Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration, held in Geneva from 21 to 25 April 1997, considered how to combat more effectively the maltreatment and discrimination of migrant workers where it is persistent and on which the Office has information or which is brought to the Office's attention by ILO constituents, and adopted the following suggestions for action.
1.2. Malpractices exist where the treatment of migrant workers and members of their family is not in accordance with national laws and regulations or ratified international standards and where such treatment is recurrent and deliberate. Exploitation exists where, for example, such treatment incurs very serious pecuniary or other consequences; migrants are specifically subjected to unacceptably harsh working and living conditions or are faced with dangers to their personal security or life; workers have transfers of earnings imposed on them without their voluntary consent; candidates for migration are enticed into employment under false pretences; workers suffer degrading treatment or women are abused or forced into prostitution; workers are made to sign employment contracts by go-betweens who know that the contracts will generally not be honoured upon commencement of employment; migrants have their passports or other identity documents confiscated; workers are dismissed or blacklisted when they join or establish workers' organizations; they suffer deductions from wages without their voluntary consent which they can recuperate only if they return to their country of origin; migrants are summarily expelled as a means to deprive them of their rights arising out of past employment, stay or status.
2. General ILO means of action
2.1.The Director-General should bring to bear all of the Office's means of action on situations of persistent malpractices, i.e.:
(a) encourage the ratification of relevant ILO Conventions, especially of the Migration for Employment Convention (Revised), 1949 (No. 97) and of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), the Equality of Treatment (Social Security) Convention, 1962 (No. 118) and the Maintenance of Social Security Rights Convention, 1982 (No. 157);
(b) propose to the Governing Body:
- the carrying out of a General Survey by the Committee of Experts on the Application of Conventions and Recommendations in respect of the two aforementioned migrant workers Conventions,
- the holding of a general discussion at the International Labour Conference on the employment of migrants including questions of basic labour and human rights;
(c) where questions of discrimination in employment are involved, draw the attention of the governments concerned to the possibility of requesting a "Special Survey" to be carried out by the Office under the procedure adopted by the Governing Body at its 191st Session (November 1973). If a government agrees to a "Special Survey", the Director-General should inform the relevant nationally recognized employers' and workers' organizations and solicit their observations on the matter;
(d) offer his good offices in both national, regional and international contexts;
(e) draw up technical cooperation projects or provide technical advisory services at the national, regional and international levels in favour of governments and the social partners for the tangible benefit of migrant workers and members of their families, and mobilize to the greatest extent possible both regular budget and extra-budgetary resources to these ends; and
(f) collect and disseminate information on good migration and labour market practices that may be helpful to governments, employers' and workers' organizations as well as on malpractices, including through the establishment of a special database in which the information is disaggregated by gender.
3. Pattern or practice studies of exploitation
3.1.Where widespread and persistent exploitative practices are known to the Office or brought to its attention by ILO constituents, the Director-General should additionally:
(a) inform the government concerned and solicit its observations on the matter; and
(b) inform the relevant committee of the Governing Body of this matter with a view to proposing to the government concerned that a pattern or practice study be carried out in the territory of the member State under whose jurisdiction the exploitation is viewed as occurring.
Annex IV
List of participants and observers
Experts appointed after consultations with Governments
Mr. Zain Hassan AL-SHARIF,
Director, Department of Employment and Contracts,
Ministry of Labour and Social Affairs,
P.O. Box 809,
ABU DHABI
United Arab Emirates
Tel:+971 2/
Fax:+971 2/665 889
Mr. José Joaquín ALVAREZ,
Permanent Mission of Costa Rica,
Rue Butini 11,
CH-1202 GENEVA
Tel:+41 22/731 25 87
Fax:+41 22/731 20 69
|
accompanied by: |
Mrs. Laura THOMPSON,
|
Mrs. Gülay ASLANTEPE,
Counsellor of Labour and Social Security,
Turkish Embassy,
Lombachweg 33,
CH-3006 BERNE
Tel:+41 31/351 16 91
Fax:+41 31/352 88 19
H.E. Lilia R. BAUTISTA,
Ambassador Permanent Representative,
Permanent Mission of the Philippines,
Avenue Blanc 47,
GENEVA
Tel:+41 22/731 83 20
Fax:+41 22/731 68 88
|
accompanied by: |
Mr. Felicisimo JOSON,
|
Ms. Regina SARMIENTO,
Labour Attaché,
Permanent Mission of the Philippines
Avenue Blanc 47,
GENEVA
Tel.:+41 22/731 83 20
Fax:+41 22/731 68 88
Sr. Santiago BUGALLO,
Director de Coordinación de Inspectorías,
Dirección General Sectorial del Trabajo, Ministerio del Trabajo,
Edificio Sur, piso 5o, Centro Simón Bolívar,
CARACAS
Venezuela
Tel:+58 2/481 13 68
Fax:+58 2/482 68 66
M. Antonio CARACCIOLO,
Ispettore Generale Divisione II,
Ministero del Lavoro e della Previdenza Sociale,
Via Flavia 6,
I-00187 ROMA
Tel:
Fax:+39 6/478 87 174
Sra. Susana CORRADETTI,
Asesora del Ministro, Ministerio de Trabajo y Seguridad Social,
Leandro N. Alem 650, piso 13,
BUENOS AIRES
Argentina
Tel:+541/310 6326/ 6327
Fax:+541/310 6328
Ms. Katarzyna GLABICKA,
Expert, Employment Department,
Ministry of Labour and Social Policy,
ul. Nowogrodzka I/3,
PL-00513 WARSAW
Tel:+48 22/66 10 710
Fax:+48 22/66 10 454
Ms. Zsuzsa JOBBÁGY,
Deputy Director, Legal Department,
Ministry of Labour,
Roosevelt tér 7-8,
H-1337 BUDAPEST
Tel:+36 1/312 6002
Fax:+36 1/312 4644
Mr. Youn-Chul KIM,
Counsellor for Labour Affairs,
Permanent Mission of the Republic of Korea,
Route de Pré-Bois 20,
Case postale 1828,
CH-1215 GENEVA 15
Tel:+41 22/791 01 11
Fax:+41 22/788 62 49
Mr. Kirnadi MARTOWIYOTO,
Director of Overseas Employment Services,
Department of Manpower,
Jalan Gatot Subroto Kav No. 51,
JAKARTA SELATAN 12950
Indonesia
Tel:+62 21/525 56 88
Fax:+62 21/525 65 59
Mr. Slamet TJORKROPRANOTO,
Secretary of the Directorate General
for Manpower, Development of Manpower Placement,
Department of Manpower,
Jalan Gatot Subroto Kav No. 51,
JAKARTA SELATAN 12950
Indonesia
Tel:+62 21/525 1086
Fax:+62 21/525 5628
|
accompanied by: |
Mr. Slamet TJORKROPRANOTO,
|
Mr. Roger KRAMER,
Director, Division of Immigration, Policy and Research,
Office of International Economic Affairs,
Bureau of International Labor Affairs,
U.S. Department of Labor,
WASHINGTON DC 20210
United States
Tel:+1 202/219 9098, ext. 130
Fax:+1 202/219 5071
|
accompanied by: |
Mr. Philip L. MARTIN,
|
Ms. N.S. MAKGETLA,
Director of Research Policy and Planning,
Department of Labour,
Private Bag x117,
PRETORIA 0001
South Africa
Tel:+27 12/309 4144
Fax:+27 12/322 2323
|
accompanied by: |
Mr. Claude SCHRAVESANDE,
|
|
and |
|
|
|
Mr. Sello MOSAI,
|
Mr. H. MORAKENG,
Deputy Principal Secretary,
Ministry of Labour and Employment
of the Kingdom of Lesotho,
P. Bag A116
MASERU 100
Lesotho
Tel:266/322564
Fax:266/325163
Mme Suzanne PEMBE-BOUNGOUERE,
Directeur de la main-d'œuvre et de l'emploi,
Ministère du Travail, des Ressources humaines
et de la Formation professionnelle,
Secrétariat général,
LIBREVILLE
Gabon
Tel:+241/76 00 56
Fax:+241/72 69 02
|
accompanied by: |
Mme Abena ANGONE,
|
Mr. I.A. PROKOFIEV,
Head of the Department of Migrant Workers,
Federal Migration Service of the Russian Federation,
Boyarsky pereoulok 4,
107078 MOSCOW
Federation of Russia
Tel:+7 095/924 05 44
Fax:+7 095/956 36 49
|
accompanied by: |
Mr. Victor FEDIK,
|
|
and |
|
|
|
M. Alexei LZJENKOV
|
Mr. Fritz SCHÜTTE,
Ministerialrat, Bundesministerium für Arbeit und Sozialordnung,
Leiter des Referats "Grundsatzfragen der Ausländerpolitik"
Postfach 14 02 80,
D-53107 BONN
Tel:+49 228/527 1718 or 17190
Fax:+49 228/527 1894
and
BMA, Postfach 66,
D-10001 BERLIN
Tel:+49 30/2014 17 18 or 1719
Fax:+49 30/2014 18 94
Mrs. Ma. de Lourdes SOSA MARQUEZ,
Third Secretary, Permanent Delegation of Mexico,
Avenue de Budé 10A,
Case postale 433,
CH-1211 GENEVA 19
Tel:+41 22/733 88 50
Fax:+41 22/733 48 10
Mr. Jan Reinoud VAN BLANKENSTEIN,
Coordinating Policy Adviser, Directorate for International Affairs,
Ministry of Social Affairs and Employment,
Anna van Hannoverstraat 4, Postbus 90801
NL-2509-LV THE HAGUE
Tel:+31 70/333 4858
Fax:+31 70/333 4007
|
accompanied by: |
Mr. Roel FERINGA,
|
Mr. Nissanka WIJERATNE,
of Foreign Employment,
97, Jawatta Road,
COLOMBO 5
Sri Lanka
Tel:+94 1/50 05 54
Fax:+94 1/50 17 47
Experts appointed after consultations
with the Employers' group
Mr. Ahmed Jameá AL GAIZI,
Deputy Director of Economic Department,
Federation of United Arab Emirates Chambers
of Commerce and Industry (FCCI),
P.O. Box 3014,
ABU DHABI
United Arab Emirates.
Tel:+9712/214 144
Fax:+9712/339 210
Mr. Rene E. CRISTOBAL,
Governor and Vice-President,
Employers' Confederation of the Philippines (ECOP),
4th Floor, ECC Building, 355, Sen Gil J. Puyat Ave. Extn., Makati City,
MANILA
Philippines
Tel:+63 2/890 47 56
Fax:+63 2/899 99 57
Mr. Shri S.S. DUGAL,
Director,
SEL Leasing Limited,
A22 West End,
NEW-DELHI 110 021
India
Tel:+91 11/467 2754
Fax:+91 11/611 2887
Mr. Victor EBURAJOLO,
Executive Director, Afprint Nigeria PLC,
122/132 Oshodi-Apapa Express Way, Isolo,
P.O. Box 3623,
LAGOS
Nigeria
Tel:+2341/522 189
Fax:+2341/524 878
Mr. André GELDENHUYS,
JCI Limited, Human Resources Division,
28 Harrison Street, P.O. Box 590,
JOHANNESBURG 2000
South Africa
Tel:+27 11/373 2777
Fax:+27 11/834 5065
Mr. Ulf HUGMARK,
Senior Adviser,
Swedish Employers' Confederation,
Södra Blasiehomshamnen 4A,
S-103 30 STOCKHOLM
Sweden
Tel:+468/762 6000
Fax:+468/762 6439
Mr. Jens KÖLLMANN,
Adviser, Department on Labour Market and Vocational Training,
Confederation of German Employers' Associations (BDA),
Gustav-Heinemann-Ufer 72,
D-50968 KÖLN
Tel.+49 221/3795 149
Fax:+49 221/3795 294
Mr. Hussein M. MOTAWI,
Director General,
Federation of Egyptian Industries (FEI),
26a Sherfi St. Immobilia Bldg., P.O. Box 251,
CAIRO 11511
Egypt
Tel:+20 2/392 83 17
Fax:+20 2/392 80 75
Sr. Humberto PRETI JORQUÍN,
Comité Coordinador de Asociaciones Agrícolas,
Comerciales, Industriales y Financieras (CACIF),
Edificio Cámara de Industria 9o Nivel
Ruta 6, 9-21 Zona 4a,
GUATEMALA, C.A. 01004
Guatemala
Tel:+502 /334 77 04
Fax:+502 /334 70 25
e-mail: humberto@infovia.com.gt
Sr. Adolfo TENA MORELOS,
Presidente de la Comisión de Asuntos Laborales de COPARMEX,
Insurgentes Sur 950, Col. del Valle,
03100 MEXICO, D.F.
México
Tel:+52 5/682 5466 / 687 6493
Fax:+52 5/682 7154/ 536 1698
Experts appointed after consultations
with the Workers' group
M. Fouad BENSEDDIK,
Directeur de recherches au Département des études,
Union marocaine du travail (UMT),
B.P. 65,
232, avenue des F.A.R.
CASABLANCA
Maroc
Tel:+212 2/30 80 23
Fax:+212 2/30 78 54
Sr. José Jairo FERREIRA CABRAL,
Member of the National Executive Committee,
Central Unica dos trabalhadores (CUT),
Rua Caetano Pinto, 575,
03041-000 SÃO PAULO
Brásil
Tel:+55 11/242 9411
Fax:+55 11/242 9610
Mr. Indera Putra Hj ISMAIL,
Vice-President,
Malaysian Trades Union Congress,
112, Jalan Gasing,
46000 PETALING JAYA
Malaysia
Tel:+60 3/756 0224
Fax:+60 3/756 2773
Mr. H. Hüseyin KAYABASI,
President of Turkish Mine Workers Union,
Confederation of Turkish Trade Unions,
Turkish Mine Workers Union,
Strazburg Cad. No. 7,
Sihhiye
ANKARA
Turkey
Tel:+90 4 312/433 31 25-29
Fax:+90 4 312/433 68 09
|
accompanied by: |
Mr. Kenan DIKBIYIK
|
Mr. Leo MONZ,
DGB-Bundessvorstand,
Deutscher Gewerkschaftsbund,
Department for International Politics,
Hans-Böckler-Str. 39,
D-40476 DÜSSELDORF
Tel:+49 211/43 01 0
Fax:+49 211/43 01 134
Mr. Enrico PUGLIESE,
Professor, University of Naples,
Department of Sociology,
Confederazione Generale Italiana del Lavoro (CGIL),
Corso D'Italia, 25,
I-00198 ROME
Tel:39 6/84 761
Fax:39 6/88 456 83
Mr. Jan SITHOLE,
Secretary General, Swaziland Federation of Trade Unions (SFTU),
Swaziland National Provident Fund Bldg.,
Ngwane Street, P.O.B. 1158,
MANZINI
Swaziland
Tel and Fax: 00268/521 71
Mr. Victor SULLA,
Economic and Social Institute of the Histadrut,
HISTADRUT-General Federation of Labour in Israel,
7, Beit Hadfus St.,
95 483 JERUSALEM
Israel
Tel:+972 2/658 98 68
Fax:+972 2/652 67 81
Mr. Avelino V. VALERIO,
Vice President,
Trade Union Congress of the Philippines,
TUCP-PGEA Compound, Mahariika and Masaya Sts.,
1101 Diliman,
QUEZON CITY
Philippines
Tel:+63 2/922 21 85
Fax:+63 2/921 97 58
Intergovernmental organizations
Organization of African Unity
Organisation de l'unité africaine
Organización de la Unidad Africana
Mr. Mustapha CHATTI,
Route de Ferney 220,
CH-1218 GENEVA
Tel:+41 22/788 16 60
Fax:+41 22/798 86 85
Arab Labour Organization
Organisation arabe du travail
Organización Arabe del Trabajo
M. Adnan EL-TELAWI,
Chef de la délégation permanente,
44, rue de Lausanne
CH-1211 GENEVE 1
Tel:+41 22/732 58 06
International Organization for Migration
Organisation internationale pour les migrations
Organización Internacional para las Migraciones
Mr. Marco Antonio GRAMEGNA,
Chief, Division of Planning, Humanitarian and
National Migration Programmes,
Department of Planning, Research and Evaluation,
and
Ms. Irena OMELANIUK,
Chief, Division of Planning, Migration for Development
and Technical Cooperation Programmes,
Department of Planning, Research and Evaluation,
17, route des Morillons,
P.O. Box 71,
CH-1211 GENEVA 19
Tel:+41 22/717 91 11
Fax:+41 22/798 61 50
Council of Europe
Conseil de l'Europe
Consejo de Europa
Ms. Eva KOPROLIN,
Administrative Officer, Population and Migration Division,
F-67075 STRASBOURG CEDEX
Tel.:+33 3/88 41 29 24
Fax:+33 3/88 41 27 31
e-mail:Eva.Koprolin@dase.coe.fr
Observers
Confédération mondiale du Travail
World Confederation of Labour
Confederación Mundial del Trabajo
M. Blaise ROBEL,
Conseiller,
Rue de Varembé 1,
Case postale 122,
CH-1211 GENEVE 20 CIC
Tel:+41 22/733 66 88
Fax:+41 22/733 47 85
International Confederation of Free Trade Unions
Conféderation internationale des syndicats libres
Confederación Internacional de Organizaciones Sindicales Libres
Mr. Guy RYDER,
Director, ICFTU Geneva Office
and
Mr. Dan CUNNIAH,
Assistant Director, ICFTU Geneva Office
46, avenue Blanc,
CH-1202 GENEVA
Switzerland
Tel:+41 22/738 42 02
Fax:+41 22/738 10 82
World Federation of Trade Unions
Fédération syndicale mondiale
Federación Sindical Mundial
Mr. Albert POTAPOW
Permanent Representative to the United Nations
and ILO in Geneva,
Branicka 112,
PRAGUE 4
Czech Republic
Tel:+422/46 21 40
Fax:+422/461 378
International Organization of Employers
Organisation internationale des employeurs
Organización Internacional de Empleadores
M. Osman TOURE,
Conseiller régional,
26, chemin Joinville,
CH-1216 COINTRIN/GE
Tel:+41 22/798 16 16
Fax:+41 22/798 88 62
International Federation of University Women
Fédération internationale des femmes diplômées des universités
Federación Internacional de Mujeres Universitarias
Ms. Conchita PONCINI,
Coordinator of Geneva UN/ILO Representatives,
and
Ms. Christiane PRIVAT,
Representative to ILO,
8, rue de l'Ancien Port,
CH-1201 GENEVA
Tel:+41 22/731 23 80
Fax:+41 22/738 04 40
e-mail: IFUW@prolink.ch
Women's International League for Peace and Freedom
Ligue internationale des femmes pour la paix et la liberté
Liga Internacional de Mujeres por la Paz y la Libertad
Ms. Barbara LOCHBIHLER,
Secretary General,
International Secretariat,
1, rue de Varembé,
Case postale 28,
CH-1211 GENEVA 20
Tel:+41 22/ 733 61 75
Fax:+41 22/ 740 10 63
E-mail:womensleague@gn.apc.org
Women's World Summit Foundation,
Ms. Krishna AHOOJA PATEL,
President,
Hôtel Beau Rivage,
Quai Wilson,
CH-1211 GENEVA
Tel:+41 22/738 66 19
International Catholic Migration Commission
Commission internationale catholique pour les migrations
Comisión Católica Internacional de Migraciones
Ms. Homayra ETEMADI,
Coordinator for Operations,
37-39, rue de Vermont,
CH-1211 GENEVA 20
Tel:+41 22/733 41 50
Fax:+41 22/734 79 29
World Council of Churches
Conseil œcuménique des Eglises
Consejo Mundial de Iglesias
Mr. Patrick A. TARAN,
Secretary for Migration,
Route de Ferney,
P.O. Box 2100,
CH-1211 GENEVA 2
Tel:+41 22/791 61 11
Fax:+41 22/791 03 61
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accompanied by: |
Ms. Sarah STEPHENS,
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Mission permanente du Royaume du Maroc,
S.E. M. Nacer BENJELLOUN-TOUIMI,
Ambassadeur, Représentant du Royaume du Maroc,
18A, chemin François-Lehmann,
CH-1218 GENEVA
Tel:+41.22/798 15 35
Fax:+41 22/798 47 02
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accompanied by: |
M. Abdelkader ALLOUCH,
|
|
|
Permanent Mission of Germany
Mr. Werner RINGKAMP,
Counsellor,
Chemin du Petit-Saconnex 28C,
1211 GENEVA 19
Tel:+41 22/730 11 11
Fax:+41 22/734 30 43
Permanent Mission of Malaysia
Mr. Azlan YUSOF,
Labour Attaché,
International Center Cointrin (ICC),
20, route de Pré-Bois,
Case postale 711,
CH-1215 GENEVA 15
Tel:+41 22/788 15 05
Fax:+41 22/788 04 92
Secretariat
Mr. W.R. Böhning, Chief, Migration Branch,
Employment and Training Department,
Tel:+41 22/799 64 13
Fax:+41 22/799 76 57
Mr. M.I. Abella, Senior Migration Specialist, Migration Branch,
Employment and Training Department,
Tel:+41 22/799 78 92
Fax:+41 22/799 76 57
Ms. N. Phan-Thuy,
Labour Administration Branch,
Tel:+41 22/799 65 84
Fax:+41 22/798 86 85
Mr. Peter Duiker,
Labour Administration Branch,
Tel:+41 22/799 72 43
Fax:+41 22/798 86 85
Mr. Ali Ibrahim,
Bureau for Workers' Activities
Tel:+41 22/799 80 86
Fax:+41 22/799 65 70
Mr. Nelson Bustamante Cárcamo, Spanish Secretary
M. Philippe Garnier, French Secretary
Ms. Sylvia Walter, German Secretary
Ms. Ghazwa Yousif, Arabic Secretary
Ms. Alice Benedik, Secretary
Ms. Valerie Boobier, Secretary
1. This provision is taken textually from the Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 (No. 100), Paragraph 27.
2. This wording derives from the Recruitment and Placement of Seafarers Convention (Revised), 1996 (No. 179), Article 6(1).
3. The wording in paragraph (f) derives from the Recruitment and Placement of Seafarers Convention (Revised), 1996 (No. 179), Article 5(1).