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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Article 1 of the Convention. Communication of information. The Committee recalls that Article 1 of the Convention requires that all ratifying States submit information to the ILO and other members on national policies, laws and regulations relating to both emigration and immigration (migration law but also areas of law that impact on migrant workers, such as for example, labour law, equality law, human rights law, civil law and penal law). The Committee notes that the Government is currently developing a draft “Productive Employment Programme”, in collaboration with the ILO, which contains a number of aspects of relevance for the management of labour migration, including skills training for prospective migrants, as well as an enabling regulatory framework for formalization of employment, which contains a special section for migrant workers. The Committee further notes the Government indication, in its second periodic report to the United Nations Committee on Migrant Workers (CMW) in 2019, that (1) a Bill on labour migration was being drafted (CMW/C/TJK/CO/2, 9 May 2019, para. 11), and (2) the National development strategy 2016-2030 aims to, inter alia, improve the productivity and employment of the population and develop legal and social frameworks for labour migration. In order to have a comprehensive and up to date view of the national legislative and policy framework on migration, the Committee urges the Government: (i) to provide information on progress made towards the adoption of the Bill on labour migration mentioned in its report to the CMW; (ii) to give a list of the legislation and administrative regulations, which apply the provisions of the Convention; and (iii) to forward copies of the said legislation.
In its last comment, the Committee requested the Government 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. The Committee notes the information contained in the study entitled “Strengthening support for labour migration in Tajikistan - assessment and recommendations” published in December 2020 by the Asian Development Bank (ADB) (hereinafter the ADB study). This study confirms that Tajik migrants’ major destination country is the Russian Federation (97.6 per cent); other destination countries include Germany, Kazakhstan, the Kyrgyz Republic, the Republic of Korea, Turkey, the United States, United Arab Emirates, and Uzbekistan. According to this study, the types of job migrants engage in depend largely on the migrants’ social capital and not on their skill sets. Tajik migrant workers tend to work in lower paying position in the following sectors: construction (5 per cent), trade and services (17 per cent), manufacturing (5 per cent), transport and communication (5 per cent), and other (14 per cent). The largest group of migrants is between 15–29 years old (45.4 per cent) followed by the group aged 30–44 (39.5 per cent). For both genders, the majority of migrant were unemployed before migrating and migration from Tajikistan is male dominated. Although in 2019 female migration increased by 24 per cent compared to 12 per cent for male migration, women's participation in labour migration has remained between 12 and 16 per cent in the last 5 years. The Committee observes that according to the ADB study, in December 2019, the Russian Federation ratified an agreement on the organized recruitment of Tajik labour migrants who work seasonally in the country; and that, in its concluding observations, the CMW expressed concern about the lack of sufficient guarantees to ensure the protection of the rights of Tajik migrant workers in Qatar, including those who will be involved in the construction of sports facilities before 2022, given that the bilateral agreement between the two States has yet to be concluded (CMW/C/TJK/CO/2, para. 46). The Committee asks the Government to provide: (i) information, disaggregated by sex and origin, on the number of migrant workers in Tajikistan, indicating the countries of origin and the sectors in which they are employed; and (ii) copies of any bilateral and multilateral agreements concluded, in particular the ones with Qatar and the Russian Federation.
Article 8. Maintenance of residence in case of incapacity for work. The Committee recalls that the Convention prohibits the expulsion of a migrant worker admitted on a permanent basis in the event of incapacity for work on the grounds of ill health or injury, unless it falls in the exception of Article 8(2) of the Convention. The Committee requests once again 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 11. Frontier workers and short-term entry. In the absence of information on this point, the Committee requests the Government to specify which categories of migrant workers in the country would be considered 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).

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Articles 2, 4 and 7. Adequate and free services to assist migrants for employment. Measures to facilitate the departure, journey and arrival of migrant workers. Public Employment Service. The Committee previously requested the Government: (1) to provide information on the activities of the Agency for Employment Abroad (established in 2014) in providing services and assistance to Tajik workers going abroad and foreign workers employed in Tajikistan; (2) to indicate whether these services are free of charge; and (3) to provide detailed information on the measures taken and arrangements made to facilitate the departure, arrival and reintegration of migrant workers. According to its website, the Agency for Employment Abroad provides qualified consulting and mediation services for the employment of Tajik citizens who have found a job abroad. It is also engaged in the organized recruitment of Tajik citizens to work in the Russian Federation and other countries; recruitment centres are opened in four cities (Dushanbe, Khujan, Khorog and Bokhtar). The Committee notes that the website provides a wealth of information to prospective migrants in English, Tajik and Russian. According to the website, the Agency works closely with all government and non-governmental agencies (Migration Service of the Ministry of Labour, Migration and Employment of Population (MoLMEP); Ministry of Education and Science; Ministry of Health and Social Protection; Embassy of Tajikistan in the Russian Federation; etc.) that provide informational support to citizens of Tajikistan who want to go abroad, who face difficulties in another country or who want to return. It refers migrants to the right governmental or non-governmental agency which can help them before, during and after their migration journey. The Agency organizes workshops on pre-departure modules in partnership with the Pre-departure orientation Centre of the Migration service or Migrant Resource Centre in Dushanbee. The Committee observes that the Government has developed a mobile application to ease migrants’ access to available services and information and published a handbook on safe labour migration in the Russian Federation. It further notes that the website clearly states that all the information and service provided by the Agency are completely free of charge. The Committee notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) expressed concern: (1) at the lack of coordination, exacerbated by unclear and overlapping mandates between the various agencies within the Ministry, such as the State Migration Service, the pre-departure preparation centres, the Agency for Employment Abroad, the representation of the Ministry in the Russian Federation and the Agency for the Labour Market and Employment; (2) about the inadequate human, technical and financial resources available to the Ministry for it to effectively carry out its work, including a lack of staff with expertise on issues relating to migration; and (3) at the lack of sufficient monitoring and evaluation mechanisms to assess the impact of migration policies and programmes on the rights of migrant workers and members of their families (CMW/C/TJK/CO/2, 9 May 2019, paragraph16). In addition, the Committee observes that, according to the 2020 Asian Development Bank study “Strengthening support for labour migration in Tajikistan – assessment and recommendations” (ADB study), in practice, a majority of the migrants leave without any detailed knowledge of their destination country relying almost entirely on information from informal sources. The same study adds that staff of the Migration Services of Tajikistan are focusing most of their effort on re-entry bans in the Russian Federation issued to Tajik nationals in breach of the Russian legislation. It indicates that, according to Russian legislation, re-entry bans can be issued to foreign citizens for two reasons: when a foreign national is in breach of administrative regulations on the territory of the Russian Federation two or more times within a period of three years (e.g. for lacking registration), as well as in cases when a migrant has not left the country within thirty days after the expiry of his/her right to stay on the territory of the Russian Federation. Without knowing it, migrants can be issued re-entry bans for a period of three to five years as a result of a lack of documents or for an unpaid parking bill. Consequently, because there is no system of warning about re-entry bans, migrants leave the Russian Federation to go back to their home country and visit their relatives not aware that they will not be allowed to re-enter the Russian Federation. It is only when they want to go back to the Russian Federation that the electronic system at the border signalizes that they are not allowed to re-enter the Russian Federation and are rejected. In that regard, the Committee observes from the ADB study that, in 2019, approximatively 240,000 migrants of Tajik origin were registered on the re-entry ban list of the Russian Federation. In light of the above, the Committee urges the Government:
  • (i) to provide without delay accurate and free information to migrant workers and facilitate their departure, journey and reception in countries of destination, in particular to the Russian Federation;
  • (ii) to provide information on the specific measures taken or envisaged to ensure that its citizens going abroad are aware of the policy on re-entry restrictions in the Russian Federation, and of any negotiation in this respect with the Russian Federation (for example to remove their names from re-entry ban list);
  • (iii) to strengthen coordination between the different agencies under the MoLMEP regarding migration and employment to ensure that there is no overlap between their activities; and
  • (iv) to ensure that the MoLMEP and its agencies are provided with the adequate human, technical and financial resources for its effective functioning.
Please also provide information on any assistance and information services specifically targeting Tajik women workers going abroad.
Assistance to returning migrants workers. In its concluding observations, the CMW mentions the existence of a state programme to promote employment which resulted in the employment of 222 individuals in permanent jobs between 2018–19 and indicates that, although the National Development Strategy for 2016–2030, includes measures for the reintegration of returning migrants, the support provided to such returnees in practice is inadequate, in particular with regard to the provision of high-quality training and educational opportunities for professional development, and also regarding support for self-employment and entrepreneurship (CMW/C/TJK/CO/2, paragraph 50). In this regard, the ADB study adds that: (1) the lack of reliable data on returning migrants is a major challenge for the effectiveness of migration services; and statistical data on returning migrants are weak as the migration service centre-s have no system for recording the “clients” they serve; and (2) the challenges for returning migrants include difficulties in economic, social, and psychological reintegration. The Committee requests the Government to provide information on the impact of its assistance programmes for returning migrant workers and on the measures taken or envisaged to expand its returning policy in order to addressing effectively all the needs of returning migrant workers for a proper reintegration in their country of origin. Finally, the Committee asks the Government to provide statistical data, disaggregated by sex, on returning migrant workers.
Article 3. Misleading propaganda. The Committee wishes to stress that the existence of official information services does not suffice to guarantee that migrant workers are efficiently and objectively informed, nor protected against the manoeuvres of certain intermediaries who have an interest in encouraging migration by every possible means, including the dissemination of erroneous information on the possibilities and conditions of emigration. The Convention does not define the measures governments should take to combat misleading propaganda, so it is up to them to decide the nature of such measures. The Committee notes that, in practice, measures taken by governments to combat misleading propaganda are either preventive or repressive (See General Survey on migrant workers of 1999, paragraphs 214 and 217). In the absence of any recent information on the measures taken to combat effectively misleading propaganda, the Committee reiterates its requests to the Government: (i) to provide information on the specific activities of the Migration Office and the Agency of Employment Abroad in this regard; and, more generally, (ii) to indicate whether the legal framework regulates, supervises and provides for sanctions in response to the dissemination of misleading information aimed at encouraging emigration or immigration.
Article 9. Remittances. The Committee notes that, both the ADB study and the CMW concluding observations, point out that migration for work is an important livelihood option for many households in Tajikistan (a third of the country’s Gross Domestic Product) due to limited job opportunities and that the economic crisis and worldwide shutdown induced by the coronavirus disease (COVID-19) have caused international migration flows to fall, and that remittances are projected to decline significantly (by 7 per cent). The Committee notes that the Government indicated, in its report to the CMW, that: (1) amendments were made in March 2018 to instruction No. 204 concerning procedures for money transfers with a view to facilitating the receipt of remittances by individuals without the need for a bank account; and (2) the National Bank of Tajikistan has recommended that credit organizations open branch offices in remote mountainous regions to facilitate access to funds transferred from abroad. The Committee however notes the concerns of the CMW over the fact that in, February 2016, the National Bank of Tajikistan issued an order requiring all money transfers in Russian roubles by individuals without bank accounts to be issued only in the national currency of the State party, and that, owing to the unfavourable official exchange rate, recipients of remittances from the Russian Federation continue to lose money (CMW/C/TJK/CO/2, paragraph 42). The Committee asks the Government to indicate: (i) how the amendments made in 2018 to instruction No. 204 have facilitated concretely the receipt of remittances by migrant workers without a formal bank account; and (ii) whether the 2016 order issued by the National Bank of Tajikistan is still in force or has also been amended to facilitate the transfer of earnings and savings by migrant workers in the Russian Federation with preferential rates.
Enforcement. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is applied in practice, the Committee once again urges 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: (i) an indication of the competent authorities entrusted with the application of the relevant laws, regulations, policies, and administrative decisions, including information on the organization and role of labour inspection; (ii) a summary of any court decisions involving questions of principles relating to the application of the Convention; and (iii) information on any practical difficulties encountered in the application of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 2021, 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.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.
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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the Government’s first report on the Convention indicating the laws and regulations which apply the Convention. The Government also refers in its report to a number of bilateral and multilateral agreements concluded between Tajikistan and other countries in the subregion. The Committee further notes the Government’s statement that Tajikistan is in the process of further improving its legislation in the field of labour migration in accordance with this Convention as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). For instance, draft legislation designed to amend the Law of the Republic of Tajikistan on Migration has been submitted for approval. Furthermore, the Migration Service of the Ministry of Internal Affairs is 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 requests the Government to provide copies of the following legislative texts and policies, which have not been received by the Office, provided they are still in force, and with an indication of the relevant provisions applying the various Articles of the Convention:
  • – the Law of the Republic of Tajikistan on Migration of 11 December 1999;
  • – the concept of the state migration policy of the Republic of Tajikistan of 8 October 1998;
  • – Government Decision No. 242 of 9 June 2001 on the concept of labour migration of the citizens of the Republic of Tajikistan abroad;
  • – Decree No. 615 of the President of the Republic of Tajikistan of 24 January 2009 on migration quota and engagement of the foreign labour force in the Republic of Tajikistan in 2009;
  • – Government Decision of 1 August 2008 on the emigration registration of citizens of the Republic of Tajikistan;
  • – Government Decision of 3 March 2007 on the state agency for social protection and employment of population and migration; and
  • – Government Decision No. 61 of 31 January 2006 on the approval of the programme for emigration of the citizens of the Republic of Tajikistan in 2006–10.
The Committee also requests the Government to provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan, and the Russian Federation, mentioned in the Government’s report.
Parts III–V of the report form. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee also asks the Government to provide information 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, statistics disaggregated by sex and nationality on migration flows from and to Tajikistan, and relevant studies or surveys undertaken on labour migration, if any.
Considering that the Committee also raised issues in its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that are relevant to the application of Convention No. 97, the Committee also refers to its comments on Convention No. 143.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes the Government’s first report on the Convention indicating the laws and regulations which apply the Convention. The Government also refers in its report to a number of bilateral and multilateral agreements concluded between Tajikistan and other countries in the subregion. The Committee further notes the Government’s statement that Tajikistan is in the process of further improving its legislation in the field of labour migration in accordance with this Convention as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). For instance, draft legislation designed to amend the Law of the Republic of Tajikistan on Migration has been submitted for approval. Furthermore, the Migration Service of the Ministry of Internal Affairs is 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 requests the Government to provide copies of the following legislative texts and policies, which have not been received by the Office, provided they are still in force, and with an indication of the relevant provisions applying the various Articles of the Convention:
  • – the Law of the Republic of Tajikistan on Migration of 11 December 1999;
  • – the concept of the state migration policy of the Republic of Tajikistan of 8 October 1998;
  • – Government Decision No. 242 of 9 June 2001 on the concept of labour migration of the citizens of the Republic of Tajikistan abroad;
  • – Decree No. 615 of the President of the Republic of Tajikistan of 24 January 2009 on migration quota and engagement of the foreign labour force in the Republic of Tajikistan in 2009;
  • – Government Decision of 1 August 2008 on the emigration registration of citizens of the Republic of Tajikistan;
  • – Government Decision of 3 March 2007 on the state agency for social protection and employment of population and migration; and
  • – Government Decision No. 61 of 31 January 2006 on the approval of the programme for emigration of the citizens of the Republic of Tajikistan in 2006–10.
The Committee also requests the Government to provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan, and the Russian Federation, mentioned in the Government’s report.
Parts III–V of the report form. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee also asks the Government to provide information 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, statistics disaggregated by sex and nationality on migration flows from and to Tajikistan, and relevant studies or surveys undertaken on labour migration, if any.
Considering that the Committee also raised issues in its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that are relevant to the application of Convention No. 97, the Committee also refers to its comments on Convention No. 143.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
The Committee notes the Government’s first report on the Convention indicating the laws and regulations which apply the Convention. The Government also refers in its report to a number of bilateral and multilateral agreements concluded between Tajikistan and other countries in the subregion. The Committee further notes the Government’s statement that Tajikistan is in the process of further improving its legislation in the field of labour migration in accordance with this Convention as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). For instance, draft legislation designed to amend the Law of the Republic of Tajikistan on Migration has been submitted for approval. Furthermore, the Migration Service of the Ministry of Internal Affairs is 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 requests the Government to provide copies of the following legislative texts and policies, which have not been received by the Office, provided they are still in force, and with an indication of the relevant provisions applying the various Articles of the Convention:
  • – the Law of the Republic of Tajikistan on Migration of 11 December 1999;
  • – the concept of the state migration policy of the Republic of Tajikistan of 8 October 1998;
  • – Government Decision No. 242 of 9 June 2001 on the concept of labour migration of the citizens of the Republic of Tajikistan abroad;
  • – Decree No. 615 of the President of the Republic of Tajikistan of 24 January 2009 on migration quota and engagement of the foreign labour force in the Republic of Tajikistan in 2009;
  • – Government Decision of 1 August 2008 on the emigration registration of citizens of the Republic of Tajikistan;
  • – Government Decision of 3 March 2007 on the state agency for social protection and employment of population and migration; and
  • – Government Decision No. 61 of 31 January 2006 on the approval of the programme for emigration of the citizens of the Republic of Tajikistan in 2006–10.
The Committee also requests the Government to provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan, and the Russian Federation, mentioned in the Government’s report.
Parts III–V of the report form. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee also asks the Government to provide information 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, statistics disaggregated by sex and nationality on migration flows from and to Tajikistan, and relevant studies or surveys undertaken on labour migration, if any.
Considering that the Committee also raised issues in its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that are relevant to the application of Convention No. 97, the Committee also refers to its comments on Convention No. 143.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report on the Convention indicating the laws and regulations which apply the Convention. The Government also refers in its report to a number of bilateral and multilateral agreements concluded between Tajikistan and other countries in the subregion. The Committee further notes the Government’s statement that Tajikistan is in the process of further improving its legislation in the field of labour migration in accordance with this Convention as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). For instance, draft legislation designed to amend the Law of the Republic of Tajikistan on Migration has been submitted for approval. Furthermore, the Migration Service of the Ministry of Internal Affairs is 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 requests the Government to provide copies of the following legislative texts and policies, which have not been received by the Office, provided they are still in force, and with an indication of the relevant provisions applying the various Articles of the Convention:

–           the Law of the Republic of Tajikistan on Migration of 11 December 1999;

–           the concept of the state migration policy of the Republic of Tajikistan of 8 October 1998;

–           Government Decision No. 242 of 9 June 2001 on the concept of labour migration of the citizens of the Republic of Tajikistan abroad;

–           Decree No. 615 of the President of the Republic of Tajikistan of 24 January 2009 on migration quota and engagement of the foreign labour force in the Republic of Tajikistan in 2009;

–           Government Decision of 1 August 2008 on the emigration registration of citizens of the Republic of Tajikistan;

–           Government Decision of 3 March 2007 on the state agency for social protection and employment of population and migration; and

–           Government Decision No. 61 of 31 January 2006 on the approval of the programme for emigration of the citizens of the Republic of Tajikistan in 2006–10.

The Committee also requests the Government to provide copies of the bilateral and multilateral agreements concluded with Kyrgyzstan, Kazakhstan and Uzbekistan, and the Russian Federation, mentioned in the Government’s report.

Parts III–V of the report form. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is being applied in practice, the Committee also asks the Government to provide information 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, statistics disaggregated by sex and nationality on migration flows from and to Tajikistan, and relevant studies or surveys undertaken on labour migration, if any.

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