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Nilton Freitas Chair 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. Nilton Freitas Chair of the National Migration Council. Aldo Cândido Costa Filho Coordinator, General Migration Coordination Office.

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Nilton Freitas Chair of the National Migration Council

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  1. MINISTÉRIO DO TRABALHO E EMPREGO - MTE The Brazilian Experience on the tripartite management of labor migration and the role of the Ministry of Labor Nilton Freitas Chair of the National Migration Council Aldo Cândido Costa Filho Coordinator, General Migration Coordination Office

  2. NATIONAL MIGRATION COUNCIL ORIGIN AND RESPONSIBILITIES • 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;

  3. RESPONSIBILITIES (continuation) • 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;

  4. 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.

  5. COMPOSITION OF THE NMC • 09 Government Representatives; • 05 Workers Representatives; • 05 Employers Representatives; • 01 Representative from the Scientific and Technology Community; and • 05 Observers.

  6. National Migration Council - Guidelines • 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.

  7. 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

  8. ACTIVITES OF THE MINISTRY OF LABOR AND EMPLOYMENT REGARDING MIGRATION • 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.

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

  10. Migrations - MLE and ILO C 97 – Convention on migration for employment Date of adoption: 01/07/1949 Ratification by Brazil:18/06/65 C 143 – Convention on migrant workers (Additional Dispositions) Date of adoption: 24/06/75 Ratification 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).

  11. Workers flow in Mercosur • 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

  12. 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. Main ResolutionsAdministrative - Normative - Recommended

  13. 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.

  14. 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.

  15. 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.

  16. STATISTICS (SITUATION)Updated as of July 31, 2006

  17. STATISTICS (COUNTRIES)Updated as of December 31, 2005

  18. STATISTICS (COUNTRIES)Updated as of July 31, 2006

  19. Contact Information Nilton FreitasChair, National Migration Council Tel: (61) 3317-6785www.mte.gov.br (internacional) Aldo Cândido Costa FilhoCoordinatortel: (61) 3317-6417 www.mte.gov.br imigrante.cgig@mte.gov.br

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