Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Measures to combat misleading propaganda regarding immigration. In its previous comments, the Committee requested the Government to provide information on the measures taken, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices regarding immigration and the stigmatization and stereotyping of migrant workers, including the Roma population, in an effective manner, and to provide information on the results achieved. The Committee notes the general nature of the Government’s reply in its report, in which it reiterates its previous indications that the measures to combat misleading propaganda include legislative and practical measures to combat racism and xenophobia and measures against the trafficking of women. It also notes the Government’s indication that there is strict equality of treatment between migrant workers and national employed persons. The Committee recalls that, under the terms of Article 3, each Member for which the Convention is in force undertakes to take all appropriate steps against misleading propaganda relating to emigration and immigration. These measures must not only concern misleading information targeting migrant workers, but also the national population, such as targeted measures to combat social and cultural prejudices which aggravate discrimination against migrants (see the 2016 General Survey on migrant workers). The Committee once again requests the Government to indicate in detail the measures adopted, in cooperation with the social partners and, where appropriate, other relevant stakeholders, to prevent and combat prejudices in an effective manner regarding emigration and immigration and the stigmatization and stereotyping of migrant workers, which have an effect in practice on the effective application of the principle of equal treatment, and to provide information on the results achieved.

Article 6. Equality of treatment. The Committee notes the main elements of Government policy on labour migration which, in the view of the Government, is targeted as a priority at international enterprises and skilled workers, and workers with a high potential to respond to the needs of the labour market and the structural needs of enterprises faced with an internationalized labour market, while at the same time protecting employed persons who are already in France. Noting that Article 6 does not distinguish between the treatment of different categories of migrant workers and that, in practice, migrant workers who are already on the national territory are mainly engaged in low paid sectors with difficult working conditions (principally cleaning, catering, security and construction), the Committee reiterates its request to the Government to provide full information on the relevant legal provisions applying no less favourable treatment to migrant workers than that which applies to nationals with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention, with an indication of any differences that may exist between the various categories of immigrant workers (“employee”, “employee on assignment”, “European Blue Card”, “skills and talent”, “scientific”, “temporary worker”, and “seasonal worker”). The Committee also requests information on the application in practice of this provision and requests the Government to include information on any complaints made to the competent authorities, such as the labour inspectorate, but also the Rights Ombud and the courts, or any other competent body, by migrant workers who consider that they are victims of discrimination in employment with a view to the application of the national legislation relating to the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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