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Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Uruguay (Ratification: 1954)

Other comments on C097

Observation
  1. 2012

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Article 1 of the Convention. Developments in national legislation, policies and agreements. The Committee notes with interest the promulgation of the Migration Act (No. 18250 of 6 January 2008) and its implementing regulations (Decrees Nos 394/2009, 330/2008, 357/2008 and 559/2008). The Government indicates that these provisions constitute a legislative framework with the aim of establishing a human rights policy for migration, regulating the admission, entry, residence and departure of persons to and from the national territory on the basis of the recognition of equal rights of migrants in relation to Uruguayan nationals regarding health, work and social security. The Act provides that the State shall promote the social and cultural integration of migrants within the national territory and their participation in public decision-making and also their inclusion in the education system (section 13) and shall provide monitoring for Uruguayan workers who have emigrated (Chapter V). Section 24 of the Act provides for the establishment of the National Migration Board as the advisory and coordinating body for migration policies formulated by the Executive Authority. Section 63 of Decree No. 394/2009 establishes the functions of this Board. Section 26 establishes the Advisory Council on Migration composed of the social and trade union organizations concerned with the subject of migration, whose function is to advise the National Migration Board on subjects relating to immigration and emigration, the formulation of migration policies and the monitoring of compliance with the applicable regulations in force. The Committee notes with interest the ratification on 14 June 2012 of the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to continue to provide information on the implementation of the new Migration Act and its implementing regulations, particularly the operation of and the measures adopted by the National Migration Board. The Committee requests the Government to provide information on any obstacles encountered in the implementation of the Act and the measures taken to overcome them.
The Committee is raising other points in a request addressed directly to the Government.
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