Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Migration for Employment Convention (Revised), 1949 (No. 97) - Tajikistan (Ratification: 2007)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) of the Convention. Exchange of information. The Committee notes the Government’s very brief and general report on the Convention enumerating the laws and regulations which apply the Convention. The Committee also notes from the Government’s report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that a new Law on labour migration was being drafted and that the legislative provisions and decisions previously communicated as relevant to the application of Convention No. 143 have become obsolete. The Committee notes that most of the decisions the Government refers to were also previously indicated as being relevant for the application of Convention No. 97. The Committee also previously noted that the Migration Service of the Ministry of Internal Affairs was elaborating a common labour contract to be provided for all migrant workers. In order to have a comprehensive view of the relevant legislative and policy framework, including bilateral and multilateral agreements, the Committee urges the Government to indicate, as completely as possible, the specific relevant legal provisions in force for each of the questions in the report form, and to provide copies of the relevant texts of these provisions. It also requests the Government to provide more detailed information on the measures taken to improve laws and regulations relating to the migratory processes, including the status of the draft Law on labour migration, and to provide a copy of relevant texts, once adopted.

Article 1(b) and (c). The Committee notes from the Government’s report on Convention No. 143 that Tajikistan continues to be mainly a country of emigration, with mostly young Tajik men going abroad to be employed in temporary and seasonal work, primarily in the Russian Federation (660,947 migrant workers). In 2014, 670,806 Tajik migrant workers were going abroad (564,390 men and 106,416 women); there were 4,888 foreign workers in Tajikistan. The Committee requests the Government to continue to provide information, disaggregated by sex and origin, on the number of migrant workers in Tajikistan and Tajik nationals migrating for employment, indicating the countries of origin and destination and the sectors in which they are employed. Please provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan and the Russian Federation, previously mentioned by the Government in its report, as well as other agreements, with a summary of their main provisions and objectives, and information on their practical application and the number of workers covered.

Article 2. Services and assistance to migrant workers. The Committee notes that an Agency for Employment Abroad was established in 2014 and asks the Government to indicate the specific activities of the Agency in providing services and assistance to male and female migrant workers – Tajik workers going abroad and foreign workers employed in Tajikistan – including accurate information, and whether these services are free of charge.

Article 3. Misleading propaganda. The Committee notes that the Migration Office, together with national public organizations and the Tajikistan Diaspora, undertake advocacy in the Russian Federation on the questions of legal residency and employment. The Committee requests the Government to provide additional information on the specific activities of the Migration Office and the Agency of Employment Abroad to prevent the provision of misleading information to migrant workers, and to indicate whether laws or regulations permit steps to be taken against misleading propaganda relating to emigration and immigration and whether any measures have been taken to cooperate with other governments in this regard. The Government is also asked to provide information on any specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants.

Article 4. Measures to facilitate the departure, journey and arrival of migrant workers. The Committee requests the Government to provide detailed information on the measures taken and arrangements made to facilitate the departure, arrival and reintegration of migrant workers.

Article 7. Public employment service. The Committee notes that the Agency for Employment Abroad was set up in 2014. The Committee asks the Government to provide further information on the type of services provided to migrant workers by this Agency and whether it cooperates with other services and employment services of other member States. The Government is also asked to indicate whether the services provided by the Agency for Employment Abroad are provided free of charge to migrant workers.

Article 8. Maintenance of residence in case of incapacity for work. The Committee requests the Government to provide information on the number of foreigners that have acquired permanent residency status in the country and to clarify whether permanent migrant workers may continue to reside in the country in the event of incapacity for work, and whether this right is maintained even if they find themselves without means of support.

Article 9. Earnings and savings. Please indicate the limits within which the transfer of the earnings and savings of a migrant for employment is permitted by national laws and regulations and any special arrangements which may exist for the purpose.

Article 11. Frontier workers and short-term entry. The Committee invites the Government to specify which categories of migrant workers would be regarded as “frontier workers”. The Government is also asked to indicate the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).

Practical application. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee reiterates its request to the Government to provide information, as completely as possible, in accordance with Parts III–V of the report form approved by the Governing Body. Such information should include an indication of the competent authorities entrusted with the application of the relevant laws, regulations and policies, administrative and court decisions involving questions of principles, and relevant studies or surveys undertaken on labour migration, if any.

Considering that the Committee also raised issues in its comments on Convention No. 143 that are relevant to the application of Convention No. 97, the Committee also refers to its comments on that Convention.