Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes with regret that the Government’s report has not been received for several years. It must therefore repeat its previous observation which read as follows:

The Committee notes the massive expulsion measures taken against Chadian workers, including migrant workers of Chadian nationality.

According to the information disseminated by the International Federation of Human Rights (FIDH), a large number of the Chadian nationals who were arrested and then expelled were migrant workers, in possession of valid residence permits. The FIDH considers that the massive deportation of non-nationals, particularly to a country in which there may be a risk of human rights violations, is rigorously prohibited by international human rights instruments, including the African Charter of Human and People’s Rights, which was ratified by Nigeria in 1990.

The Committee recalls in this respect the provisions of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which supplements the Convention and states in paragraph 18 that when a migrant for employment has been regularly admitted to the territory of a Member, the said Member should, as far as possible, refrain from removing such person from its territory on account of his lack of means or the state of the employment market. Moreover, account should be taken of the length of time the migrant has been in the territory of immigration and the migrant must have been given reasonable notice so as to give him time to dispose of his property. Finally, the necessary arrangements have to have been made to ensure that he and the members of his family are treated in a humane manner.

The Committee also recalls the provisions of the Model Agreement on Temporary and Permanent Migration for Employment, including Migration of Refugees and Displaced Persons, which suggests in article 25, paragraph 2, that immigration countries which are parties to such an agreement should undertake not to send refugees and displaced persons or migrants who do not wish to return to their country of origin for political reasons back to their territory of origin, unless they formally express this desire by a request to the competent authority of the territory of immigration and the representatives of the United Nations High Commissioner for Refugees.

The Committee requests the Government to indicate the measures taken to ensure that the departure of the migrant workers concerned and the members of their families occurs in conditions of dignity which are in accordance with the above indications, as well as the measures taken under Article 6, paragraph 1(a) and (b), of the Convention, with a view to ensuring the final payment of the remuneration due to these workers who are legally within its territory, as well as the maintenance of their acquired social security rights.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.