Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Chypre

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 (Ratification: 1960)
Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 (Ratification: 1977)

In order to provide a comprehensive view of certain issues relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 (migration for employment) and 143 (migrant workers) together.

Article 6 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. Equality of opportunity and treatment. The Committee previously noted the adoption of new legislation to guarantee equality of treatment between national and migrant workers. It notes the Government’s indication, in its report, that the social security scheme covers every person gainfully occupied and does not make any distinction between nationals and non-nationals. Furthermore pensions paid by the social security scheme are exported to the beneficiaries who reside abroad without any restrictions. Referring to its previous comments, the Committee notes that the Government did not provide any information on the nature and impact of measures taken to implement the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus (2010–2012) and the Strategy on the Employment of Foreign Workers of 2007. While noting that such programmes do not seem to have been extended, the Committee refers to its 2019 observation on the application of both the Equal Remuneration Convention, 1951 (No.100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it notes that several United Nations (UN) treaty bodies expressed concern about the discrimination experienced by migrant workers, inter alia, in accessing employment, as well as the increasing discriminatory attitudes and racial stereotypes relating to persons of foreign origin. Recalling that it previously noted the precarious situation and vulnerability of migrant domestic workers, the majority of whom are women, as well as the absence of a monitoring system of their working conditions, the Committee notes that migrant domestic workers are still limited to two changes of employer over a six-year period and that change of sector is only possible with the approval of the Minister of the Interior. It notes that, in their 2018 and 2017 concluding observations respectively, the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on the Elimination of Racial Discrimination (CERD) remained concerned about: (i) the persistent exploitation faced by migrant domestic workers and the difficulties they encounter in changing employers; (ii) the obstacles impeding access to justice for women migrant domestic workers, including the fear of detention and deportation while legal proceedings are pending; as well as (iii) the lack of regular labour inspections to monitor the working conditions and employment contracts of women migrant domestic workers (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 38, and CERD/C/CYP/CO/23-24, 2 June 2017, paragraph 22). In this regard, the Committee notes that, in the report it made in the context of the Universal Periodic Review (UPR), the Government indicated that the ratification of the Domestic Workers Convention, 2011 (No. 189), was under consideration (A/HRC/WG.6/32/CYP/1, 13 November 2018, paragraph 8). The Committee further notes that, in April 2019, the Human Rights Council, in the context of the UPR, recommended that the Government take concrete actions to strengthen the capacity of labour inspectors and the police to improve oversight of the working conditions of domestic workers and prevent them from labour exploitation (A/HRC/41/15, 5 April 2019, paragraph 139). Noting from Eurostat that, in 2018, the highest number of first-time asylum seeker applicants relative to the population was recorded in Cyprus, where their number rose by more than 70 per cent, the Committee notes that several UN treaty bodies expressed specific concern at the differential treatment and the very limited range of employment opportunities of asylum seekers, who are allowed to work only in certain sectors, mostly in remote areas without adequate transport or accommodation provided, and receive some welfare benefits in the form of vouchers. They called on the Government to guarantee asylum seekers equal labour rights and equal rights to welfare benefits (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 36; CERD/C/CYP/CO/23-24, 2 June 2017, paragraphs 17 and 20; and E/C.12/CYP/CO/6, 28 October 2016, paragraphs 15 and 16). In that regard, the Committee notes that, in 2016, the Ombudsman highlighted the harsh situation facing young African women seeking asylum, whose welfare grants were interrupted when they refused to take up jobs in agriculture or livestock farms, where they would have to reside on the farm, possibly in the same accommodation with men and without childcare facilities while being pregnant or with infants. While the report of the Ombudsman concluded that the current policy framework leads to indirect discrimination on multiple grounds, the policy of forcing asylum seekers to accept the worst jobs in the labour market persists in spite of the Ombudsman’s recommendations (European Commission, Country report on non-discrimination, Cyprus, 2018, page 74). Referring to its 2019 comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee urges the Government to strengthen its efforts to ensure equality of opportunity and treatment for migrant workers, both European Union citizens and third-country nationals, and more particularly migrant domestic workers, by: (i) enhancing and expanding their access to employment opportunities, including by removing the restrictions imposed on domestic workers wishing to change employers; (ii) ensuring regular labour inspections of workplaces, mainly in sectors where migrant workers are most represented, such as domestic work and agriculture; (iii) raising public awareness of the relevant legislative provisions, the procedures and remedies available; as well as (iv) enhancing migrant workers’ access to justice without fear of detention or deportation, both while legal proceedings are pending and also at earlier investigative stages. It asks the Government to provide information on any proactive measures undertaken – including in the framework of any plan, strategy or policy adopted since the Action Plan for the Integration of Immigrants who are Legally Residing in Cyprus which ended in 2012 – to shape the national equality policy for foreign workers and on the involvement of workers’ and employers’ organizations in this context. The Committee asks the Government to provide information on the number and nature of cases or complaints of unequal treatment of migrant workers that have been detected or dealt with by the labour inspectors, the Ombudsman, the courts or any other competent authorities, concerning in particular terms and conditions of work of migrant workers, including remuneration, social security, and accommodation as referred to in Article 6(1)(a) and (b) of Convention No. 97.

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