Nilton Freitas Chair of the National Migration Council MINISTÉRIO DO TRABALHO E EMPREGO - MTE The Brazilian Experience on the tripartite management of.

Nilton FreitasChair of the National Migration Council

MINISTÉRIO DO TRABALHO E EMPREGO - MTE

The Brazilian Experience on the tripartite management of labor migration and the role of the

Ministry of Labor

Aldo Cândido Costa FilhoCoordinator, General Migration Coordination Office

Created in August 1980 with structure and functions defined by legislation. It is a body linked to he Ministry of Labor and Employment and has the following RESPONSIBILITIES:

• Guide and coordinate migration activities;• Formulate migration policy;

NATIONAL MIGRATION COUNCIL ORIGIN AND RESPONSIBILITIES

• Establish rules for the selection of immigrants,

seeking to provide qualified labor to the various

economic sectors and training in specific areas;

• Promote research on issues related to migration;

• Define the regions (….) and ellaborate their

migration plans;

RESPONSIBILITIES (continuation)

• Establish the needs for qualified foreign labor

force to be admitted into the country in a

permanent or temporary basis;

• Address concerns and resolve controversies;

• Provide opinion on changes in the migration

legislation proposed by the federal body;

• Define its Internal Rules of Procedure.

RESPONSIBILITIES (continuation)

• 09 Government Representatives;• 05 Workers Representatives;• 05 Employers Representatives; • 01 Representative from the Scientific and Technology Community; and• 05 Observers.

COMPOSITION OF THE NMC

• Improve the efficiency of migration;• Establish clear rules with less room for

discretionary measures;• Increase employment and income in Brazil;• Stimulate foreign productive investments;• Facilitate family reunion;• Facilitate transference of income to Brazil –

Pensioners;• Protect the national labor force.

National Migration Council - GuidelinesGuidelines

• Review and update the “Foreigners Registry”;

• Inform the NMC;

• Current situation of migrants in Brazil;

• Active policy on migration;

• Labor emigration policy.

NMC – National Policy on Labor Migration – Central Topics

• Elaboration of an Information Guide for Brazilian workers in regions with high influx of migrant workers;

• Regulation of ILO Convention nº 166 – Repatriation of seafarers;

• Bill to regulate the transference/hiring process of Brazilians living abroad;

• Ratification of United Nations Convention on human rights of migrant workers and their families;

• Follow-up on the ILO Plan of Action;• Adhesion to IOM;• Support to the implementation of free-movement of

people in MERCOSUR.

ACTIVITES OF THE MINISTRY OF LABOR AND EMPLOYMENT REGARDING MIGRATION

• Objective: Provide accurate information on rights, duties, advantages and disadvantages of migration.

• Methodology: Creation of an inter-ministerial commission. Multi-disciplinary social information.

• Content: Human Rights, Social Rights (education, health, labor, social security), risks associated with migration, whom to address concerns.

Elaboration of an information guide for Brazilian workers in regions with high influx of international migration

C 97 – Convention on migration for employmentDate of adoption: 01/07/1949Ratification by Brazil:18/06/65

C 143 – Convention on migrant workers (Additional Dispositions)Date of adoption: 24/06/75Ratification by Brazil: Now (1987)Current Situation: Under analysis by NMC (decision CTRI)

92ª CIT – International Labor Conference (16/06/2004)

Proposes the creation of a Permanent Committee on Migration linked to the International Labor Organization. Elaboration of a Plan of Action (GT created).

Migrations - MLE and ILO

• Agreement of Migration Regularization Brazil/Bolivia

• Agreement of Residency for citizens of Mercosur

member countries

• Agreement, between Brazil and Argentina

• Agreement on neighboring border transit among

Mercosur member states

• Agreement to create Mercosur visa

• Agreement to create mechanism for temporary

professional work in Mercosur

Workers flow in Mercosur

Main ResolutionsAdministrative - Normative - Recommended

Administrative Resolutions

• RA. 05/03 – temporary or permanent visa or indefinite permanence for partner, with no sex distinction.

• RA. 07/04 – Procedures to give work permits to foreigners.

Normative Resolutions

• RN. 59/04 – crew of foreign fishing boats.

• RN. 60/04 – foreign investor, person.

• RN. 61/04 – transfer of technology or provision of technical assistance services.

• RN. 62/04 – work authorization to foreigners

• RN. 63/05 – work authorization and permanent visa for foreigners representing foreign financial institutions in Brazil.

• RN. 64/05 – criteria to authorize work for foreigners .

• RN. 65/05 – participation in conferences, seminars, workshops and meetings.

• RN. 66/05 – foreigner employed in tourism vessel

• RN. 68/05 - voluntary services.

• RN. 69/06 – artist or sports person.

• RN. 70/06 – administration of non-profit organizations

• RN 72/06 - foreign professionals working on board of foreign vessels or platforms

Recommended Resolutions

• RR. 02/03 – Special circumstances, temporary visa for health treatment.

• RR. 03/03 – Temporary or permanent visas related to the Agreement Brazil/Portugal on reciprocal hiring.

General Migration Coordination Office (CGIg) - Guidelines

• Improve the efficiency of migration;• More clarity on procedures;• Emphasis on the generation of employment and income in Brazil;• Stimulate foreign productive investment;• Protection of national labor force.

Competencies of CGIg

• Plan, coordinate, guide and overview the activities related to work authorizations for foreigners;

• Plan, coordinate, guide and overview the activities related to transfers and hiring processes for Brazilians to work abroad;

•Give technical and administrative support to the activities of the National Migration Council.

Order nº 21/06

• It is a mandate of art. 12, Law Nº 7.064/82 and a responsibility of the Ministry of Labor.

• Applied to foreign companies that come to Brazil to seek workers to work abroad (up to 3 years).

• Requirements: Brazilian companies have stocks in the company (solidarity), designation of a solicitor, labor contract in Portuguese, air-fare tickets covered.

•Extension: Annual vacations in Brazil, life and injury insurance, medical and social assistance.

STATISTICS (SITUATION)Updated as of July 31, 2006

2000 2001 2002 2003 2004 2005 2006RN 58 5929 4714 5883 5610 6197 6226 3311RN 60 39 52 70 140 197 836 468RN 61 1273 1289 1559 795 1916 2306 1429RN 61 (6º) 0 0 1255 4108 3976 4666 2767RN 62 644 630 943 652 790 939 452RN 64 1607 1340 1394 1291 1645 1986 1112RN 69 5029 4536 3242 2851 3951 5014 2501Outros 926 1534 1299 1042 1490 2185 181Total 15447 14090 15645 16489 20162 27158 12221

RN 58RN 60RN 61RN 61 (6º)RN 62RN 64RN 69

Investidor pessoa física e investidor pessoa física analisado pelo CNIgAssistência técnica, cooperação técnica e transferência de tecnologiaAssistência técnica por prazo de até 90 diasAdministradores, diretores, gerentes e executivos com poderes de gestão e concomitânciaEspecialista com contrato de trabalhoArtistas ou desportistas, sem contrato de trabalho

Tripulante de embarcação que exerça atividade a bordo de embarcação ou instalação marítima (plataformas)

STATISTICS (COUNTRIES)Updated as of December 31, 2005

Countries that sent more workers in the last four years

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STATISTICS (COUNTRIES)Updated as of July 31, 2006

Countries that sent more people in 2005 and 2006

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3903

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1835

0500

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Nilton FreitasChair, National Migration Council Tel: (61) 3317-6785www.mte.gov.br (internacional)

Aldo Cândido Costa FilhoCoordinatortel: (61) [email protected]

Contact Information