Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the first report of the Government of Serbia and Montenegro. In particular it notes the dramatic changes experienced by the country in terms of migration. It notes that at the time of ratification of the Convention by the Socialist Federal Republic of Yugoslavia in 1981, it was predominantly a country of emigration, reporting little illegal employment or migration for employment in abusive conditions. However in the space of a number of years, it is now home to hundreds of thousands of refugees from former Yugoslav republics and a country of origin, transit and destination for possibly large numbers of migrants in abusive conditions. The Committee notes that certain laws that applied the Convention under the Socialist Federal Republic of Yugoslavia remain in force but that a number of new laws have also been adopted, such as the Constitutional Charter of the State Union of Serbia and Montenegro, 2003, the Labour Act of 2001 and the Act on Employment and Unemployment Insurance of 2003. In the light of recent changes in legislation and migration trends, the Committee considers that the Government needs to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form, so as to enable the Committee to assess the manner in which the Convention is applied. It further asks the Government to provide in its next report information on the following points.

2. Article 1. Protection of basic human rights. The Committee notes from the Report of the Special Representative of the Commission on Human Rights on the Situation of Human Rights in Parts of South-Eastern Europe (E/CN.4/2003/38, paragraph 47) that, despite some progress made, the acquisition of citizenship by refugees does not lead in itself to full integration and the enjoyment of basic human rights, and the country is reported to be increasingly a country of origin or final destination for trafficked persons (E/CN.4/2003/38, paragraph 53). In this context, it also notes from the Government’s report to the UN Human Rights Committee that the Government is treating victims of trafficking less as perpetrators of offences under the Act on the Movement and Stay of Foreigners, which seemingly led to their deportation to countries of origin, and more as victims of crime (CCPR/C/SEMO/2003/1, paragraph 270). Recalling that the Convention covers all migrant workers, including trafficked persons and refugees and displaced persons, in so far as they are workers employed outside their home country, the Committee asks the Government to provide information on the practical measures taken, and their effectiveness, to ensure respect for the basic human rights of all migrant workers, including refugees and trafficked persons. Please also provide information on whether the recent actions that the Government has reported on (see above) have led to improved protection of the basic human rights of trafficked persons.

3. Article 2. Identifying illegal employment and migration in abusive conditions. The Committee notes from the Government’s report to the UN Human Rights Committee that a number of migrant women work under abusive conditions (CCPR/C/SEMO/2003/1, paragraph 270). It asks the Government to provide more information on the measures adopted to determine systematically (i) whether there are illegally employed male and female migrant workers in the country and (ii) whether there depart from, pass through or arrive in the country migrants for employment in abusive conditions.

4. Article 8. Right to remain in the country after  loss of employment. The Committee notes from the Government’s report that the application of this Article concerns mainly Yugoslav nationals abroad. The Committee considers in the light of the recent changes in migration patterns in the country that the application of Article 8 must be ensured in the country and asks the Government to provide information on the effect on the legal situation of migrant workers who have legally resided in the country on the loss of their employment and how such workers enjoy equal treatment with nationals in the areas of security of employment, the provision of alternative employment, relief work and retraining.

5. Article 9. Equality of treatment of migrants in an irregular situation. Noting the number of women migrant workers reported as working in bars and restaurants in irregular situations (CCPR/C/SEMO/2003/1, paragraph 271), the Committee asks the Government to provide more information on the measures taken to ensure that these women enjoy equality of treatment in respect of rights arising out of past employment as regards remuneration, social security and other benefits with regularly admitted migrant workers. It also asks the Government to provide details of any civil proceedings brought by irregular status migrant workers, including trafficked persons, to claim their rights arising out of past employment.

6. Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee recalls that in its 1999 General Survey on migrant workers it emphasized that the extent, direction and nature of international labour migration has undergone significant changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). It would therefore be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form with respect to Articles 10 and 12 of the Convention. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics) concerning measures to combat discrimination against women migrant workers.

7. Part V of the report form. Practical application. The Committee hopes that, in addition to information on the manner in which the Convention is applied in practice, as requested under this Part of the report form, the Government will soon be in a position to supply information, disaggregated by sex and nationality, on the number and categories of migrant workers employed in Serbia and Montenegro and their main occupations, and the number of nationals employed abroad.