Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - France (Ratification: 1954)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Law No. 2011-672 of 16 June 2011 concerning immigration, integration and nationality transposing the following Directives of the European Parliament and the Council into the national legislation: Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third country nationals; Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third country nationals for the purposes of highly qualified employment; and Directive 2009/52/EC of 18 June 2009 on providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals. The Committee notes that the legislation introduces the “European Union (EU) Blue Card” for highly qualified nationals from countries outside the EU (“third country nationals”) who, after a period of two years, can have free access to all highly qualified employment. After five years’ lawful and uninterrupted stay (taking into account periods of residence in another EU Member State), the EU Blue Card holder can be granted a long-term residence permit. After a period of ten years, the EU Blue Card holder with a long-term residence permit can apply for a permanent residence permit. The Committee further notes that the Law of 16 June 2011 contains a number of provisions simplifying the procedures of expulsion, especially in the case of large numbers of foreigners arriving in the territory or amending several provisions concerning the entry, residence and expulsion. The Committee requests the Government to continue to provide information on any developments in law and policy concerning migration for employment and provide statistics, disaggregated by sex and nationality and, if possible, by occupation, on the number of EU Blue Card holders in France.

Bilateral agreements. The Committee notes the agreements with Australia, Canada, Japan, Korea, New Zealand and the Russian Federation regarding the exchange of young workers in the context of “work–holidays” programmes, and the bilateral agreements to improve management of migration flows and promote youth mobility and professional mobility concluded with Benin, Burkina Faso, Cameroon, Cape Verde, Congo, Gabon, Mauritius, Senegal and Tunisia; five bilateral agreements on the exchange of young persons have also been concluded with Lebanon, The former Yugoslav Republic of Macedonia, Montenegro, the Russian Federation and Serbia. The Committee requests the Government to provide information on the impact of the bilateral agreements on the situation of migrant workers in France, including any obstacles encountered regarding their implementation.

Articles 2 and 4. Integration courses. The Committee notes that third country nationals arriving on a long-term visa for “wage earner”, as well as those entering France for reasons of family reunification, are obliged to sign the contract of reception and integration (CAI) which continues to be the basis of the country’s reception and integration policy. The CAI is being implemented by the Office of Immigration and Integration (OFII) and from January 2007 to December 2010, 404,260 foreigners subscribed to a CAI and, in 2011, the number of subscribers amounted to 102,254, of whom 53 per cent were women. The Committee notes that the courses distinguish between language training (at various levels) and civic education, and that civic integration courses and the evaluation of the employment competencies by OFII are mandatory for all signatories of the CAI, with some exceptions. Noting that pursuant to section 8 of the Law on Immigration, Integration and Nationality amending section 311-9 of the Code of Entry and Stay of Foreigners and the Right to Asylum, the level of seriousness of the foreigner to obtain the CAI may be taken into account for the renewal of the residence permit, the Committee requests the Government to provide information on the implementation of the integration courses, including the extent to which participants have been obliged to participate in such courses, and the sanctions imposed for non-participation.

Statistics. The Committee requests the Government to provide information, including statistics disaggregated by sex and nationality, and if possible, type of residence permit authorizing employment on the number of migrants entering France for employment and on the employment of immigrant workers in the various sectors of activity.