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Article 1(c) of the Convention. Information on general agreements and special arrangements. The Committee notes that an agreement was concluded with Romania in 2005 respecting the temporary residence of Romanian citizens in Portugal for work-related reasons. The Committee asks the Government to provide information on the implementation of this agreement and also on any general agreement or special arrangement that is concluded in future on the subjects covered by the Convention.
Articles 2 and 4. Services to assist migrant workers. Recalling that in light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants may find themselves, information campaigns specifically directed towards women may be appropriate (General Survey of 1999 on migrant workers, paragraph 198), the Committee requests the Government to provide information on the measures taken or envisaged, including by the High Commissioner for Immigration and Ethnic Minorities (ACIME), under Articles 2 and 4 of the Convention, with an indication of the specific measures adopted for women migrant workers.
Article 6. Equality of treatment. The Committee recalls the legislative framework in place to prevent and address discrimination in employment, as well as the mandate of ACIME and the Commission for Equality and Against Racial Discrimination (CICRR) and the inspectorate general to enforce the legislation and to combat discrimination. The Committee requests the Government to provide detailed information on the effect given in practice to the principle of equality of treatment between migrant workers and nationals in relation to the matters raised in Article 6(1)(a) to (d) of the Convention, with an indication of any violations detected or cases handled by ACIME, CICRR and the inspectorate general. Please also provide information on any complaints handled by the courts, including the sanctions imposed and remedies provided.
Equality of treatment. Social security. With respect to its previous comments concerning access of third-country nationals to the National Health Service (SNS), the Committee notes Order of the Ministry of Health No. 25 360/2001 of 12 December 2001 clarifying that foreign citizens residing legally in Portugal are given the same access to health care and medical assistance provided by the SNS institutions as that afforded to the SNS beneficiaries. The Committee also notes that extensive legislation in the area of social security has been adopted since the Government’s last report, in particular: (a) Act No. 4/2007 of 16 January 2007, approving the general foundations of the social security system; (b) Decree-Law No. 41/2006 of 21 February 2006, modifying Decree-Law No. 176/2003 of 2 August 2003, defining and regulating protection in the event of family responsibilities in the context of the family protection subsystem; (c) Decree-Law No. 220/2006 of 3 November 2006, establishing, within the context of the welfare subsystem, a legal framework for payments in the event of the unemployment of an employed worker; and (d) Decree-Law No. 42/2006, of 23 February 2006, modifying Decree-Law No. 283/2003 of 8 November 2003, regulating Act No. 13/2003 of 21 May 2003, which established the social insertion income. Noting that section 7 of Act No. 4/2007 provides that the principle of equality includes the non-discrimination for reasons of sex and nationality, without prejudice to residency requirements and conditions of reciprocity, the Committee asks the Government to indicate to which benefits the requirement of reciprocity applies. Please also specify whether, with respect to third-country nationals, the reciprocity requirement applies to unemployment benefits, benefits provided under the family protection subsystem and the solidarity subsystem (social insertion income).
Article 8. Maintenance of the right to residence in the event of incapacity for work. Recalling that a migrant for employment who has been admitted on a permanent basis to the country and the members of her or his family shall not be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation by reason of illness or an accident, the Committee asks the Government to provide information on the application of this point and to indicate whether these migrant workers maintain their right to residence even when they or their families represent a burden on public funds. Please also indicate whether there have been cases of expulsion on grounds of incapacity for work and appeals to the courts, with their outcome.
Annexes I and II. Private recruitment agencies. The Committee notes that, following the ratification in 2002 of the Private Employment Agencies Convention, 1997 (No. 181), the Government is considering amending the current regulations governing private employment agencies with a view to ensuring their conformity with the Convention. The Committee also notes the adoption of Act No. 19/2007 of 22 May 2007 respecting temporary work agencies, section 10 of which envisages specific conditions for the granting of permits to such agencies where they conclude contracts for the use of workers abroad. These conditions include the obligation to ensure medical assistance to workers, provided that they do not benefit from such a service in the country of emigration, and the obligation to ensure the return of workers to their country of origin when their employment contract expires. According to the Government’s report, the labour inspection services detected ten cases of violations of these regulations. With reference to misleading propaganda, the Government indicates that the Consumers’ Institute and its Committee are entrusted with ensuring compliance with the legislation respecting publicity. The Committee asks the Government to provide a copy of the new legislation when it is adopted. The Committee also requests the Government to continue providing information on violations of Act No. 19/2007 as detected by the inspection services and, in particular, the measures adopted in this respect.
Practical information. The Committee requests the Government to continue to provide statistical information disaggregated by sex, country of origin and sector of activity on the number of migrant workers present in Portugal, and on the number of Portuguese workers abroad, where possible.
The Committee notes the comments by the Confederation of Trade and Services (CCSO) and the General Union of Workers (UGT) dated 31 July 2007 emphasizing the importance of taking a transversal view of the problem of migration and promoting the integration of migrant workers, by enhancing their rights, and particularly by guaranteeing the right to family reunification.
The Committee notes with interest the comprehensive legislative and policy measures taken since the Government’s last report to further strengthen its migration policy and the protection of the rights of migrant workers. The Committee notes in particular Act No. 23/2007 of 4 July 2007 and its implementing Decree of the same year which establish the legal framework for the entry, residence, departure and expulsion of foreign nationals, and provide for the possibility of granting a one-year residency permit to victims of trafficking. It also notes that new legislation has been adopted laying down the legal framework for combating discrimination on the grounds of race or ethnic origin, and further improving the right of equal treatment between migrant workers lawfully in the country and nationals with respect to social security benefits. In addition, the Committee notes the National Action Plan for Inclusion for the period 2006–08, and the Immigration Integration Plan (PII) intended to promote the integration of immigrants into the country through various measures in the fields of employment, vocational training, housing, social security, the prevention of discrimination and the promotion of gender equality. Finally, the Committee welcomes the establishment of a number of institutions and structures mandated to address migration-related matters and issues concerning migrant workers, such as the High Commissioner for Immigration and Ethnic Minorities (2002) and the Committee to Administer the Framework Programme for Solidarity and Management of Migration Flows (2006). The Committee welcomes these measures and asks the Government to continue to provide information on the policies and legislation aimed at further improving the application of the Convention. The Committee also refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the information supplied by the Government in its report.
1. The Committee notes from the Government’s report that those who may benefit from the National Health Service are not only citizens of Portugal but also nationals of European Community countries, stateless persons, political refugees and nationals of other States with whom there is a reciprocal regime. Recalling that under paragraph 1 of Article 6, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would further comment on the situation of third-country nationals who do not belong to the categories abovementioned, particularly in respect of social security. The Committee also would appreciate if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).
2. In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placement and conditions of labour of migrants. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading propaganda.
3. The Committee asks the Government to continue providing statistics on Portuguese nationals working abroad, and the countries of origin of foreigners employed in Portugal and to communicate the results, if any, of the relevant activities of the labour inspection service, in accordance with the provisions of the Convention.
The Committee takes note of the information supplied in the Government's report. It asks the Government to continue to provide general information on the manner in which the Convention is applied in practice, in accordance with point V of the report form.
The Committee notes the information supplied in the Government's report, including the observation of the Confederation of Portuguese Industry (CIP) on the application of the Convention.
It further notes with satisfaction the adoption of Act No. 22/92 of 14 August 1992 repealing the reciprocity requirement, under Act No. 2127 of 3 August 1965, for migrant workers and members of their families in Portugal, to have access to compensation for industrial accidents and occupational diseases.
Article 6, paragraph 1(b), of the Convention. For many years, the Committee has been drawing the Government's attention to the need to remove the reciprocity requirement from Act No. 2127 of 3 August 1965 on industrial occupational accidents and diseases which is incompatible with Article 6 of the Convention concerning equality of treatment in respect of such benefits to all foreign workers without any condition of reciprocity. In its previous report the Government indicated that this legislation had been tacitly repealed as being incompatible with the Constitution, and stated its readiness to amend the Act to bring it into formal conformity with the Convention. In its last report the Government states that it considers Act No. 2127 as being still in force and in conformity with the Convention. The Government also refers in this connection to resolution No. 642/83 of 1 June 1983 as giving effect to the Convention on this point. However, section 10 of the resolution also contains a reciprocity requirement applicable to foreign workers as regards compensation for industrial accidents and occupational diseases.
Consequently, the Committee once again emphasises that the reciprocity requirement prescribed in these texts is not in conformity with the Convention. It again invites the Government to re-examine its position as regards the need to remove the reciprocity requirement in these two texts, in order to guarantee all foreign workers equality of treatment in respect of compensation for industrial accidents and occupational diseases without any condition of reciprocity.
Article 6, paragraph 1(b), of the Convention. In earlier replies to the Committee's comments, the Government had indicated its readiness to take measures to bring Act No. 2127 of 3 August 1965 into full conformity with the Convention by removing the reciprocity requirement. The Committee notes, from the information supplied by the Government at the Conference Committee in 1988 concerning the application of Convention No. 19 that Act No. 2127 must be considered as tacitly revoked by virtue of the Constitution of 1976, which provides for equality of treatment for foreign workers and maintains in force the legislation adopted before the entry into force of the Constitution in so far as it is not inconsistent with the Constitution. The Committee therefore hopes that the Government will have no difficulty in formally repealing the inconsistent provisions of Act No. 2127 so as to leave no doubt or uncertainty as regards the applicable law, and that the next report will indicate the steps taken in this regard.