Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Concluding observations on the second periodic report of Uruguay *

1.The Committee considered the second periodic report of Uruguayat its 533rd and 534th meetings,held on 28 November 2023. It adopted the present concluding observations at its 550th meeting, held on 8 December 2023.

A.Introduction

2.The Committee welcomes the submission of the second periodic report of the State party, due in 2019, its replies to the list of issues,and the additional information provided during the dialogue by the delegation headed by the Minister of Housing and Land Management. The delegation also included representatives of the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Labour and Social Security, the Ministry of Health, the Ministry of Housing and Land Management, the Ministry of Social Development, the Supreme Court of Justice, the Uruguayan Institute for Children and Adolescents, the Social Security Bank and the Permanent Mission of Uruguay to the United Nations Office and other international organizations in Geneva.

3.The Committee appreciates the open and constructive dialogue held with the high‑level delegation, the extensive information provided by the State party’s representatives and the constructive approach to the meetings, which allowed for collaborative analysis and reflection. The Committee is also grateful for the replies and additional information submitted within 24 hours of the dialogue.

4.The Committee recognizes that, although traditionally a country of origin for migrant workers, in recent years Uruguay has seen an increase in the flow of workers settling in the State party as well as a continuous flow of returning nationals, thereby becoming a receiving country. The Committee notes with concern that, as a country of origin, destination and return, the State party continues to face challenges in ensuring the protection of the rights of migrant workers and members of their families.

5.The Committee notes that some of the countries in which Uruguayans have settled are members of the Southern Common Market (MERCOSUR) and therefore have access to the benefits of the MERCOSUR agreements.

B.Positive aspects

6.The Committee welcomes the efforts that the State party has made and the steps that it has taken to promote and protect the rights of migrant workers and members of their families. It is pleased to note that Uruguay ratified the International Labour Organisation (ILO) Violence and Harassment Convention, 2019 (No. 190) in June 2020.

7.The Committee recognizes that the State party has been building a legal framework based on national legislation and bilateral and multilateral cooperation agreements. It welcomes the adoption of the following legislative and institutional measures:

(a)Resolution No. 620/018 of the Ministry of Economic Affairs and Finance, of December 2018, exempting persons in a situation of socioeconomic vulnerability from the payment of visa fees;

(b)Act No. 19.535, of September 2017, recognizing associations of Uruguayans residing abroad in national legislation through the amendment of article 74 of Act No. 18.250;

(c)Act No. 19.362, of December 2015, granting natural-born citizenship to the foreign-born grandchildren of Uruguayans born in the national territory;

(d)Act No. 19.254, of August 2014, giving direct access to permanent residence to nationals of MERCOSUR States parties and to the foreign relatives of Uruguayans.

8.The Committee welcomes the bilateral agreements related to migrant workers that the State party has concluded, in particular the “Holidays and Work” agreements concluded with France, Germany, the Kingdom of the Netherlands and Sweden.

9.The Committee also welcomes the following institutional and policy measures:

(a)The creation, in May 2017, of the Migration Unit within the Ministry of Labour and Social Security, responsible, among other duties, for promoting decent work for migrant workers and monitoring the implementation of international conventions related to labour and social security;

(b)The adoption, in August 2016, of the Framework Document on Migration Policy in Uruguay, which sets out principles, objectives and general strategic guidelines for national migration policy in the short, medium and long term;

(c)The creation, in 2014, of the Executive Secretariat of the National Migration Board and the decision to give the Consultative Advisory Council on Migration permanent representation on the National Migration Board with a view to improving communication and coordination with civil society.

10.The Committee views positively the State party’s vote in favour of the Global Compact for Safe, Orderly and Regular Migration adopted by General Assembly resolution 73/195 and recommends that the State party continue efforts to ensure its implementation, within the framework of the international obligations contained in the Convention, given the convergence between the two instruments in terms of protection for the rights of migrant workers and members of their families.

11.The Committee takes note of the National Reporting and Recommendations Monitoring System used to collect data for use in the preparation of periodic reports, and of the fact that the report submitted by the State party was prepared using this system.

C.Principal subjects of concern and recommendations

1.General measures of implementation (arts. 73 and 84)

Legislation and application

12.The Committee regrets the lack of information on the application of the Convention by domestic courts and other public bodies.

13. Reiterating its previous recommendation, the Committee recommends that the State party provide information on the application of the Convention by domestic courts and other public bodies in its next periodic report, as well as information on action taken to promote awareness, knowledge and application of the Convention.

Article 76

14.The Committee is pleased to note that the State party has made the declaration under article 77 of the Convention but also notes that it has not yet made the declaration under article 76 of the Convention, recognizing the competence of the Committee to receive communications from States parties.

15. The Committee reiterates its previous recommendation and urges the State party to make the declaration provided for in article 76 of the Convention and recognize the competence of the Committee to receive communications from States parties and individuals as soon as possible.

Ratification of relevant instruments

16.The Committee notes that the State party has ratified the main human rights treaties, as well as several ILO conventions. However, it notes that the State party has not yet ratified the ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the ILO Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

17. The Committee recommends that the State party ratify the ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the ILO Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

Policy and strategy

18.The Committee notes with satisfaction the launch, in August 2022, of the National Plan for the Integration of Migrants, Asylum-seekers and Refugees, under the coordination of the National Migration Board and with broad input from State party institutions, civil society, the private sector and United Nations agencies. However, the Committee is concerned that the Plan is still awaiting the formal adoption by the executive branch necessary for its effective and comprehensive implementation. The Committee is also concerned that the institutions involved in the Plan’s implementation have not been allocated the human, technical and financial resources needed to achieve the objectives set, obtain statistical data on the migrant population and develop training on their rights.

19. The Committee recommends that the State party immediately adopt the National Plan for the Integration of Migrants, Asylum-seekers and Refugees, effectively and comprehensively implement its provisions and allocate the human, technical and financial resources necessary for this purpose, in accordance with its obligations under the Convention and in consultation with civil society and the institutions involved in the Plan ’ s implementation, with a view to ensuring their involvement.

20.The Committee notes with concern that, because of gaps in access to government programmes and free specialized legal assistance services, the provision of assistance to migrant workers and members of their families and the process of integration is still largely dependent on the efforts of international cooperation and civil society organizations, through humanitarian assistance and labour inclusion projects.

21. The Committee recommends that the State party strengthen its institutional framework in order to ensure that migrant workers and members of their families have access to government programmes and free social services including labour inclusion initiatives, psychosocial support, legal assistance and advice on migration-related documentation.

Coordination

22.The Committee notes with concern information indicating that the permanent secretariat of the Refugee Commission does not have sufficient financial and human resources to respond to needs and ensure efficient management of the system. The Committee is also concerned about the lack of domestic regulations and specific protocols to ensure a gender-, age- and disability-sensitive approach to refugee status and statelessness determination procedures. The Committee also notes with concern that, although Decree No. 45/023 was intended to streamline migration-related formalities, difficulties in obtaining residence permits have increased, especially in terms of the time and costs involved and including for residence permits for nationals of MERCOSUR member and associate member States.

23. The Committee recommends that the State party provide the permanent secretariat of the Refugee Commission with the human, technical and financial resources necessary to carry out its mandate and ensure a gender-, age- and disability ‑ sensitive approach in refugee status and statelessness determination regulations and procedures. The Committee recommends taking all appropriate measures, as swiftly as possible, to ensure the accessibility and affordability of residence formalities, especially for the applications of persons in situations of social and economic vulnerability and including for applications based on the Agreement on Residence of the States parties of MERCOSUR.

Data collection

24.The Committee notes with satisfaction the inclusion in the 2023 national population census of specific questions that allow for the compilation of data on migratory flows and the profile and degree of integration of migrant workers and members of their families as well as the collection and analyses of information on child labour, through the national child labour survey, that will provide data disaggregated by nationality. However, the Committee has observed with concern that there is insufficient coordination between the National Institute of Statistics and other public bodies involved in the preparation and publication of statistics on migration and a lack of up-to-date information on the social and economic situation and educational status of migrant workers and members of their families, including applicants for refugee status and refugees, that would allow for a comparative, historical analysis of the implementation of the Convention rights in the State party. The Committee is also concerned that the continuous household survey conducted by the National Institute of Statistics, which is the main source of up-to-date information on migration, does not contain data about forms of collective housing, such as boarding houses and tenement housing, where migrants who are in a vulnerable situation live.

25. Reiterating its previous recommendation, the Committee recommends that the State party step up its efforts to improve inter-agency coordination between the various bodies involved in preparing and publishing statistics on migration. In addition, the Committee encourages the State party to ensure that comprehensive data on migration, including data on migrants in vulnerable situations, are collected and that it take steps to consolidate the data gathered through the 2023 census, the continuous household survey and other mechanisms used to collect information on migrants and their families and use them as a key input for the formulation, implementation and evaluation of policies and programmes aimed at protecting all the rights recognized in the Convention and other treaties.

Training and dissemination of information on the Convention

26.The Committee takes note of the courses and training activities organized in collaboration and coordination with the International Organization for Migration and civil society, including academia, to build the capacities of public servants in the area of human rights and increase knowledge of the State party’s obligations under the Convention. However, the Committee is concerned that there is insufficient training, dissemination and awareness-raising related to the Convention within the various bodies of the executive and judicial branches, in departmental and local authorities and border force authorities and for police officers, social welfare services personnel and labour inspectors. The Committee is also concerned about the absence of efforts to raise awareness of the Convention among migrant workers working in the State party and abroad.

27. The Committee recommends that the State party:

(a) Strengthen and expand education and training programmes on the Convention rights for officials from institutions that address migration issues, including law enforcement officers, border authorities, judges, prosecutors, labour inspectors and departmental and local authorities;

(b) Use effective mechanisms to evaluate the impact of training and ensure that more defence lawyers and judges invoke the Convention and the Committee ’ s general comments when appealing cases, in the case of defence lawyers, or rendering judgments, in the case of judges;

(c) Ensure that migrant workers, in the State party and abroad, have access to information on their rights under the Convention;

(d) Work with universities, civil society organizations and the media to disseminate information about the Convention and promote its implementation, especially in border areas.

Independent monitoring

28.The Committee takes note of the information that the Global Alliance of National Human Rights Institutions accredited the National Human Rights Institution and Ombudsman’s Office with “A” status in May 2016. However, the Committee is concerned about the lack of information as to whether the National Human Rights Institution and Ombudsman’s Office has the independence and resources to fulfil its mandate.

29. The Committee recommends that the State party include in its next report more information concerning the responsibilities of the National Human Rights Institution and Ombudsman ’ s Office with regard to the protection of the human rights of all migrant workers and members of their families, in accordance with the Convention, and recommends that the independence and functions of the Institution be strengthened and that it be assured the human, technical and financial resources it needs to fulfil its mandate.

2.General principles (arts. 7 and 83)

Non-discrimination

30.The Committee takes note of the measures adopted by the State party to combat discrimination and xenophobia, strengthen complaints mechanisms and ensure that migrant workers are able to exercise their human rights in full, on an equal footing with nationals. However, the Committee is concerned both about the absence of a specific law prohibiting discrimination and about the possible repeal of the discrimination-related provisions contained in the Audiovisual Communication Services Act, and also about the increase in expressions of discrimination and xenophobia targeting migrants and refugees, which has considerable implications for their integration, particularly in terms of access to available jobs, pay, working conditions and professional development. The Committee also notes with concern the lack of information on the impact of the activities of the Honorary Commission against Racism, Xenophobia and All Other Forms of Discrimination on the incidence of discrimination against the migrant population. The Committee is also concerned about the lack of information on measures taken to ensure gender equality in migration policies, including, in particular, access to employment in the formal economy for women migrant workers.

31.The Committee reiterates its previous recommendation and recommends that the State party enact specific legislation prohibiting discrimination and strengthen complaints mechanisms, while at the same time refraining from repealing existing provisions intended to prevent hate speech in the media. The Committee recommends that the State ensure that the Honorary Commission against Racism, Xenophobia and All Other Forms of Discrimination is involved in the design and implementation of public policies related to migrant workers and members of their families and has the human and budgetary resources necessary to fulfil its mandate. The Committee also recommends that the State party intensify its efforts, in collaboration with the media, to raise the general public ’ s awareness of the need to combat discrimination against migrant workers and members of their families and take all necessary measures to ensure gender equality in migration policies, including, in particular, measures to eliminate both discrimination affecting migrant women and any form of gender-based violence against women, and in the enjoyment of their rights. It also recommends that the State party conduct awareness-raising campaigns, including among public servants, on the rights and presence of migrants in its territory in order to prevent any manifestation or use of discriminatory rhetoric against them.

Effective redress

32.The Committee takes note of the action taken to improve the dissemination of information on the mechanisms through which complaints of rights violations can be filed and redress obtained. However, the Committee is concerned that access to justice for migrant workers remains limited because they do not know how to access the complaints mechanisms and the redress to which they are entitled.

33. The Committee reiterates its previous recommendation and recommends that the State party ensure that migrant workers and members of their families have access to relevant practical information about the mechanisms existing in the State party for filing complaints and obtaining redress before the competent judicial authorities as well as on the availability of legal advice.

3.Human rights of all migrant workers and members of their families (arts. 8–35)

Labour rights

34.The Committee notes with satisfaction the creation of the Migration Unit within the Ministry of Labour and Social Security in 2017. However, it is concerned about the persistent discrimination faced by migrant workers, particularly in access to jobs, pay, working conditions and professional development, about the lack of sufficient labour inspections in informal sectors of the economy, as highlighted by the delegation during the constructive dialogue, and also about levels of informal and precarious employment among migrant workers. It is also concerned about the difficulties that migrant workers still encounter, despite the measures taken, in having their professional skills and educational qualifications recognized so that they can obtain employment related to their training. The Committee also notes with concern the challenges that remain in terms of ensuring the effective protection of women migrant domestic workers, particularly those in an irregular situation, who remain vulnerable to abusive working conditions.

35.The Committee reiterates its previous recommendation and encourages the State party to step up its efforts to ensure that migrant workers, in particular women migrant domestic workers, enjoy the same working conditions and labour guarantees as nationals. It also recommends that the State party adopt the measures necessary to ensure regular labour inspections in informal sectors of the economy, as part of policies that promote formal and protected employment for all migrant workers. The Committee recommends escalating efforts to recognize, as swiftly and effectively as possible, the educational qualifications and professional skills acquired by migrant workers outside the State party.

Health

36.The Committee welcomes the measures taken by the State party to ensure that migrant workers and members of their families have access to health services, including mental health care. The Committee is concerned, however, about the requirement, based on Act No. 18.987, for migrant women to have been resident in the country for at least one year before being able to access abortion services.

37. The Committee recommends that the State party review Act No. 18.987 to ensure that migrant women can exercise the rights recognized in this law on an equal footing with nationals.

Asylum

38.The Committee takes note of the significant increase in the number of migrants seeking asylum (refugee status) in the State party in recent years and also of the measures taken to expedite assessment and analysis procedures. However, it is concerned about the significant delays affecting the processing of these applications.

39. The Committee recommends that the State party accelerate its efforts to expedite the processing of applications for refugee status and ensure that the Refugee Commission is provided with the human, technical and financial resources necessary for this purpose.

40.The Committee is concerned about information indicating that Cuban refugees are required to leave the country and then return in order to have their migration status changed from refugee to resident.

41. The Committee urges the State party to adapt its domestic regulations and procedures in order to ensure expeditious and reasonable pathways through which persons recognized as refugees can obtain access to refugee status.

Nationality

42.The Committee is concerned about the distinction in law between nationality and legal citizenship and its effects on the full exercise of the rights of migrant workers and members of their families, including the right to freedom of movement, the right to nationality and the prevention of statelessness.

43.The Committee encourages the State party to adopt the legislative and/or administrative measures necessary to ensure that migrant workers who enjoy the status of “ legal citizens ” are able to exercise their rights in full, on an equal footing with nationals, and to review passport issuance in order to prevent restrictions on their right to freedom of movement. It also recommends that the State party consider adopting measures to facilitate access to Uruguayan nationality for migrants residing in the State party through regular “ naturalization ” channels. Lastly, it recommends that the State party adopt measures to facilitate the recognition of Uruguayan nationality as a regular mechanism for the protection of rights in the case of vulnerable persons, including unaccompanied children, stateless persons and refugees.

4.Other rights of migrant workers and members of their families who are documented or in a regular situation (arts. 36–56)

Migrant women

44.The Committee notes with concern the limited information available about access to support services for women migrant workers, particularly domestic workers.

45. With reference to the recommendation of the Committee on the Elimination of Discrimination against Women, the Committee recommends that the State party strengthen measures to protect women migrant workers, in particular domestic workers, stepping up campaigns to raise public awareness of their rights and improving access to information on complaints mechanisms.

Migrant children and adolescents

46.The Committee welcomes the adoption, in December 2022, of the protocol on care and support for undocumented migrant children and adolescents at the border, which is aligned with the MERCOSUR regional guide for identifying and addressing the special protection needs of migrant children and adolescents. The Committee draws the State party’s attention to the need to adopt all necessary measures, including operational and inter-agency coordination measures, to ensure the protocol’s effective implementation.

47. The Committee encourages the State party to take all necessary measures to ensure the comprehensive protection of the rights of children in the context of migration, especially unaccompanied children, children separated from their parents and children in situations of irregular migration, including by strengthening cooperation between the Uruguayan Institute for Children and Adolescents, as the lead agency, and authorities with responsibilities in the area of migration, asylum, social welfare and the provision of support for victims of trafficking, among others, and by ensuring that procedures and decisions are guided by the principle of the best interests of the child and based on the standards established in joint general comment Nos. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/Nos. 22 and No. 23 of the Committee on the Rights of the Child (2017).

Education

48.The Committee is concerned about information received that gives account of cases of xenophobia against migrant children in the school environment. The Committee also notes with concern the lack of information on access to higher education for migrants in an irregular situation.

49. The Committee recommends that, within the framework of its educational policies, programmes to combat racism and the National Plan for the Integration of Migrants, Asylum-seekers and Refugees, the State party strengthen measures to prevent discrimination, xenophobia and racism against migrant children in schools and that it promote programmes aimed at developing inclusive and intercultural citizenship. The Committee also encourages the State party to include information on access to higher education for migrants in an irregular situation in its next periodic report.

Housing

50.The Committee notes with satisfaction the measures taken by the State party to ensure that migrant workers and members of their families, especially those in vulnerable situations, have access to decent temporary housing. However, the Committee is concerned about the lack of sufficient measures to facilitate access to adequate permanent housing for migrants, and also about cases of forced eviction of families of migrant workers that have left children and families in street situations. Another concern is the lack of long-term strategies for permanent housing.

51. The Committee encourages the State party to continue and strengthen initiatives intended to ensure adequate, accessible and affordable temporary housing for migrant workers in vulnerable situations, including measures to prevent migrant workers and families, including children, from finding themselves in street situations, and to adopt strategies that make it easier for them to obtain access to permanent housing.

Voting

52.The Committee takes note of the adoption, in 2018, of Act No. 19.654 on the rights and obligations inherent to citizenship, which provided for the creation of a commission to examine the legal options for allowing voting in consulates and thus ensuring that Uruguayans living abroad are able to exercise their right to vote, as well as the decision of the Supreme Court, issued in 2020, that declared some of the articles of Act No. 19.654 to be unconstitutional. The Committee is concerned that, in spite of the information that was provided to it in the reports submitted in 2013 and 2023, adequate measures to ensure that Uruguayan migrant workers abroad can effectively exercise their right to vote, in accordance with article 41 of the Convention and the Committee’s previous recommendation, have still not been taken.

53. The Committee reiterates its previous recommendation that the State party take all necessary measures to ensure that Uruguayan migrant workers abroad can effectively exercise their right to vote.

Social security

54.The Committee takes note of the information provided on the mechanisms adopted by the State party to facilitate access to identity cards and registration in the social security system for migrant workers and their families. The Committee also notes the changes to the legal aspects of the social security system and the criteria whereby proof of continuous residence must be provided in order to obtain access to age- and/or disability-based non‑contributory pensions. The Committee is concerned, however, that, although these changes represent a significant advance with respect to the previous system, the requirement to have been resident in the country for 10 years has a particularly marked impact on the migrant population and their families, restricting their exercise of the right to social security, as established in article 8 of Act No. 18.250, including for children whose parents do not meet the residency requirement.

55. The Committee reiterates its previous recommendation and recommends that the State party consider reviewing the legal aspects of the social security system with a view to ensuring that the requirements for access to non-contributory pensions intended to ensure the social welfare of persons in vulnerable situations are compatible with the Convention and the provisions of article 8 of Act No. 18.250.

5.Promotion of sound, equitable, humane and lawful conditions in connection with the international migration of workers and members of their families (arts. 64–71)

Trafficking in persons

56.The Committee notes with concern the increase in cases of trafficking in persons in the State party, especially the trafficking of migrant women for purposes of labour and sexual exploitation. The Committee is also concerned about cases of double exploitation where migrant women in domestic service are exploited for both labour and sexual purposes.

57. Recalling its previous recommendation, and in accordance with the Convention and the Recommended Principles and Guidelines on Human Rights and Human Trafficking, the Committee recommends that the State party:

(a) Adopt without delay a comprehensive law on trafficking in persons and regulations to ensure its application, in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime ;

(b) Implement community-based initiatives to sensitize the population to the problem, placing an emphasis on the protection of children and adolescents, as well as public campaigns to raise awareness of the risk of trafficking, and provide income ‑ generating opportunities, financial support, legal assistance, hotlines and pre-departure information for migrant workers;

(c) Ensure that victims of trafficking in persons have adequate access to support services, including shelters, counselling services and rehabilitation programmes, and provide adequate funding and/or subsidies to cover the rental of premises and utility costs of shelters operated by non-governmental organizations;

(d) Ensure that all offences of trafficking in persons, in particular those related to sexual exploitation and those in which public officials are complicit, are promptly, effectively and impartially investigated, prosecuted and punished;

(e) Step up training for law enforcement officials, judges, prosecutors, labour inspectors, teachers, health workers and staff of the State party ’ s embassies and consulates on how to deal with trafficking cases in a gender- and child-sensitive manner, and disseminate information on trafficking in persons and assistance to victims more widely;

(f) Enhance international, regional and bilateral cooperation by developing joint action plans with countries of origin, transit and destination on the prevention of trafficking in persons and the detection of organized crime networks, cooperating with public prosecutors ’ offices to ensure the arrest, prosecution and punishment of criminals;

(g) Establish mechanisms for family reunification and the identification of migrants who do not have identity documents as a means of preventing trafficking in persons and the indefinite separation of migrants from their families.

(h) Ensure the systematic collection and analysis of data on trafficking, disaggregated by age, sex, nationality of victims and forms of trafficking.

6.Dissemination and follow-up

Dissemination

58. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official languages of the State party, to the relevant State institutions, including government ministries, the legislature, the judiciary and competent local authorities, as well as to non-governmental organizations and other members of civil society.

Technical assistance

59. The Committee recommends that the State party further avail itself of international and intergovernmental assistance for the implementation of the recommendations contained in the present concluding observations, in line with the 2030 Agenda for Sustainable Development. It also recommends that the State party continue its cooperation with specialized agencies and programmes of the United Nations.

Follow-up to concluding observations

60. The Committee requests the State party to provide, within two years (that is, by 2 January 2026), written information on the implementation of the recommendations contained in paragraphs 19 (National Plan for the Integration of Migrants, Asylum ‑ seekers and Refugees), 35 and 45 (domestic workers), 43 (nationality) and 57 (trafficking in persons) of this document.

Next periodic report

61.The Committee requests the State party to submit its third periodic report by 2 January 2029. The Committee will adopt a list of issues prior to reporting under the simplified reporting procedure at one of its sessions preceding this date, unless the State party explicitly opts for the traditional reporting procedure concerning its third periodic report. The Committee draws the State party ’ s attention to its harmonized treaty-specific guidelines.