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INTERNATIONAL LABOUR OFFICE

The Second Session
of the

Permanent Migration Committee

GENEVA
International Labour Office

1948

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STUDIES AND REPORTS
New Series, No. 10

PUBLISHED BY THE INTERNATIONAL LABOUR OFFICE

Geneva, Switzerland

Published in the United Kingdom for the INTERNATIONAL
OFFICE by Staples Press Limited, London

LABOUR

Distributed in the United States by the INTERNATIONAL LABOUR
OFFICE, Washington Branch, 1825 Jefferson Place, Washington, 6,
D.C.

PRINTED B Y T H E "JOURNAL D E G E N È V E "
GENEVA, SWITZERLAND

CONTENTS
Page

PREFACE

SECOND SESSION OF THE PERMANENT MIGRATION COMMITTEE

Introduction
Agenda and Organisation of the Committee's Work . . .
Revision of the Migration for Employment Convention
Technical Selection and Vocational Training . . . .
Recruitment, Introduction and Placing
Other Provisions of the Convention and Model Agreement
International Mobility of Labour
Co-ordination of International Responsibilities

3
6
7
12
15
22
23
26

I : Extracts from the Report of the Second Session
of the Permanent Migration Committee

APPENDIX

II : Reports submitted by the International Labour
Office to the Second Session of the Permanent Migration
Committee
Report on Proposals for Revision of the Migration for
Employment Convention, 1939, and the Related
Recommendations
Report on Draft Model Migration Agreement . . .

APPENDIX

47
93

Report on Technical Selection and Training of Migrants

122

Report on Co-ordination of International Responsibility
in the Field of Migration

153

III : Note on the First Session of the Permanent
Migration Committee '

158

APPENDIX

PREFACE
The present volume contains first, a review of the results of
the second session of the Permanent Migration Committee,
and secondly, (a) extracts from the report submitted by the
Committee to the Governing Body of the International Labour
Office ; (b) the reports submitted by the Office to the Committee,
one relating to each of the four items on its agenda ; (c) a memorandum on the first session of the Committee, held in Montreal in
August 1946.
The Office's reports relating to the first three items on the
agenda of the Committee 1 were based mainly on the replies of
the Governments which had been consulted on these items.
Some of the replies, however, only reached the Office after the
publication of the reports, and it was therefore necessary to
transmit them to the Committee in the form of supplementary
notes. In this volume, each of these notes has been incorporated
in the appropriate report, so that a single consecutive text is
now available to the reader.
The main function of the second session of the Committee,
within the general framework of the International Labour
Organisation, was to provide the Office with the elements which
it required for the preparation of a proposed Convention, a
proposed Recommendation and a draft model agreement ;
these will be submitted first to the Governments, then to the
third session of the Committee, and finally to the 32nd Session
of the International Labour Conference. They are not contained
in this volume, but are included in a report which the Office
has prepared for submission to that session of the Conference. a
The decision to include the question of revising the
Convention and the two Recommendations on migration for
employment in the agenda of the 32nd Session of the Conference
—to be held in 1949—was taken by the Governing Body at its
1

See Appendix II, p. 47.
International Labour Conference, 32nd Session, Geneva, 1949,
Report XI (1) : Migration for Employment. Revision of the Migration
for Employment Convention, 1939, the Migration for Employment Recommendation, 1939, and the Migration for Employment (Co-operation
between States) Recommendation, 1939 (Geneva, 1948).
2

PERMANENT MIGRATION COMMITTEE

104th Session (Geneva, March 1948) in accordance with a formal
request from the Permanent Migration Committee. The Governing Body also approved the other proposals contained in the
Committee's report, including a suggestion that it should
convene a further meeting of the Committee itself early in 1949.
However, the Governing Body decided that the examination of
a resolution regarding European emigration to Latin America *
should be adjourned until its 105th Session ; this decision was
taken at the request of the Peruvian Government representative,
who had originally submitted the resolution. At this Session
(San Francisco, June 1948) the Governing Body requested the
Office to prepare a paper for its consideration, suggesting the
best way to give effect to this resolution within the framework
of the general migration programme of the International
Labour Organisation.

See Appendix I, p. 33.

SECOND SESSION OF THE PERMANENT MIGRATION
COMMITTEE

The Committee held its second session in Geneva from
23 February to 2 March 1948. Mr. V. Cyril Phelan, the representative of Canada, was unanimously elected as both Chairman and
Reporter of the Committee. The Vice-Chairman was Mr. A.
Ribeiro da Cunha, the representative of Portugal.
The following twenty-eight countries were represented at
the second session of the Committee, some of them by several
representatives : Australia, Belgium, Brazil, Canada, Chile,
China, Colombia, Denmark, Dominican Republic, Ecuador,
Egypt, Finland, France, Greece, India, Italy, Netherlands,
New Zealand, Peru, Poland, Portugal, Sweden, Switzerland,
Turkey, United Kingdom, United States, Uruguay and Venezuela. The Committee also included : three representatives
of the Governing Body of the International Labour Office, i.e.,
Mr. H. Altman (Poland) for the Government group ; Mr. A. G.
Fennema (Netherlands) for the Employers' group ; and Mr.
A. E. Monk (Australia) for the Workers' group ; and advisory
representatives of the various international organisations
invited to be present : the United Nations, the Interim Commission of the World Health Organisation, the Preparatory
Commission for the International Refugee Organisation 1, and
the Food and Agriculture Organisation of the United Nations.
Mr. Doria de Vasconcellos (Brazil), one of the three experts on
migration appointed by the Governing Body to help the Committee, also took part in the work of the session. The two
other experts—Mr. P. van Zeeland (Belgium), who had presided
over the first session of the Committee, and Mr. G. Warren
(United States)—were unable to be present.
INTRODUCTION

In his opening speech of welcome, Mr. Edward Phelan,
Director-General of the International Labour Office, pointed
out that the initial meeting of the Committee, held in Montreal
1

Referred to subsequently as P.C.I.R.O.

PERMANENT MIGRATION COMMITTEE

in August 1946, had been the first technical meeting on a large
scale convened by the International Labour Organisation
since the war. All the decisions reached there, he said, had
been unanimous. The Director-General compared the atmosphere of that session with the attitude, sometimes suspicious
and sometimes negative, adopted towards migration problems
during the pre-war years. He then referred to the interest which
the second session of the Committee had aroused on every side :
evidence of this interest was provided by the presence of so
many delegates and by the fact that the Economic and Social
Council of the United Nations had asked the International
Labour Organisation in August 1947 to proceed as rapidly as
possible to a revision of the Migration for Employment Convention, 1939, and the two Recommendations connected with it.
The interest of which the Director-General spoke is due
more particularly to the definite resumption of migration since
the war, and to the fact that this resumption is taking place
mainly through international agreements. No doubt migration
still encounters certain difficulties—to which the Committee
called attention at its first session—such as housing shortages
in the countries of immigration, lack of means of transport
and, in certain countries, absence of appropriate administrative arrangements. Still, the situation has improved in
other respects. For instance, sufficient civilian employment
has been found for former members of the armed forces in
almost all the immigration countries ; indeed, the number of
such jobs generally somewhat exceeds the number of workers
applying for them. Then again, the policy of encouraging
immigration with a view to securing population increases, which
was pursued in the past by many non-European countries and
also by France, was frequently hampered by an overcrowded
employment market ; under present conditions it has become
easier to reconcile the requirements of economic and of demographic policy. Thirdly, there is now less opposition between
the respective views of immigration and emigration countries,
particularly regarding the final assimilation of the migrants in
their new community, on the one hand, and full equality of
treatment as between migrant and national workers, on the
other.
The time has therefore come to revise, in the light of present
circumstances, the principles governing protection of migrants
which were included in the International Labour Convention

SECOND SESSION

and Recommendations of 1939. The Permanent Migration
Committee itself decided at its first session to re-open discussion
of these provisions and to extend their scope by adopting a
model agreement which might serve as a basis for bilateral
arrangements on the subject. The adoption of such principles
by the countries concerned is indeed of vital importance for the
future of migration movements. Whatever their character,
these can only be maintained if simultaneous consideration is
given to the interests of the countries and persons concerned,
and above all, to the interests of the migrants themselves and
of the workers already living in the country of immigration.
Failing measures for the protection of both these groups, Governments will undoubtedly stop the emigration of their own
nationals, or prevent, the immigration of foreign nationals, as
the case may be. Pre-war experience provides numerous
instances which justify this statement.
Since the war, the problem of displaced persons and refugees
has arisen, and has made it all the more necessary to arrive
at an international regulation of migration movements. It
would, indeed, be without practical value to protect " migrants "
if the term excluded displaced persons ; for their resettlement
—under unsatisfactory conditions—in the countries disposed
to receive them would affect the standard of living of national
workers and " ordinary " migrants in those countries. This
problem was therefore constantly in the minds of members of
the Committee, which decided that its conclusions regarding
ordinary migration should apply to movements of displaced
persons—a course also urged by the representatives of P.C.I.R.O.
Furthermore, the Committee adopted a resolution, submitted
by the representative of Belgium, inviting States Members
to report to the International Labour Organisation on the
conditions of labour of displaced persons who have hitherto
settled in their respective countries.
The resolution had been submitted as a substitute for one
originally put forward by the representative of Poland and
rejected by the Committee. This declared that it was necessary
to safeguard the exclusive right of the States öf which displaced
persons were nationals to negotiate on their behalf with the
immigration countries. In proposing this text, the Polish
representative protested against the manner in which, he said,
displaced persons of Polish origin are treated in various countries
of immigration. The representatives of Australia, Belgium,

PERMANENT MIGRATION COMMITTEE

Brazil (who spoke also as vice-chairman of P.C.I.R.O.), Canada,
the Netherlands and the United States formally denied these
allegations.

AGENDA AND ORGANISATION OF THE COMMITTEE'S WORK

Unlike the first session of the Committee, where delegates
took the opportunity of describing the policy of their respective
Governments, the second session did not engage in a formal
general discussion. It started at once to examine the four
items on its agenda, namely :
(1) Consideration of proposals for revision of the Migration
for Employment Convention, 1939, and related Recommendations.
(2) Draft model migration agreement.
(3) Technical selection and training of migrants.
(4) Co-operation of the International Labour Organisation
in measures for the co-ordination of international responsibilities
in the field of migration.
In approving this agenda, the Governing Body had considered that the Committee should endeavour to establish
principles concerning the living and working conditions which
might be applied to the organised transfer of workers from one
country to another, including displaced persons and refugees.
The organisation of the Committee's work, as well as the
consideration of the fourth item on the agenda and the questions
of a general character which had been brought before the
Committee, was entrusted to a Steering Committee composed
of the Government representatives of Brazil, China, Czechoslovakia, Denmark, France, Italy, Poland, the United Kingdom
and the United States, with the Chairman, the Vice-Chairman
and the expert member of the Committee. Mr. V. Cyril Phelan,
Chairman and Reporter of the main Committee, was also
appointed Chairman and Reporter of the Steering Committee.
Two subcommittees were instructed to examine respectively
the first two items and the third item on the agenda. Mr. E.
Delperée, the representative of Belgium, was elected Chairman
and Reporter of the former subcommittee ; Mr. R. S. Mani, the
representative of India, and Mr. J. Frézouls, the representative
of France, were respectively Chairman and Reporter of the
latter.

SECOND SESSION

REVISION OF THE MIGRATION FOR EMPLOYMENT CONVENTION

The international labour Convention concerning migration
for employment and the two relevant Recommendations have
not been valueless. Indeed, since their adoption in 1939 they
have served as models for some of the provisions of bilateral
agreements on the subject. They provide for regulation of the
various stages of migration movements : provision of information
previous to the migrant's departure for the immigration country ;
recruitment operations ; introduction of migrant workers into
the country of reception ; and their placing in employment on
arrival. Both the Convention and the two Recommendations
set forth certain clauses which should be included, in appropriate
cases, in the migrant worker's contract of employment, such
as the duration of the contract, the manner in which it may
be renewed, responsibility for payment of the travelling expenses
of the worker and his family, both on the outward and on the
return journey, and the deductions from wages which the
employer is authorised to make. Other provisions aim at securing
equality of treatment between foreign and national workers.
Valuable though these provisions may be, the Convention
has nevertheless not yet received a single ratification. The
discussions at the first session of the Committee disclosed the
fact that some countries, particularly outside Europe, regard
the Convention as more suitable to temporary migration within
the European Continent than to movements overseas. Other
Governments felt that it was too rigid and contained too
many organisational details. For instance, with the object of
stopping misleading propaganda, which had often induced
workers to leave home to the exclusive advantage of profiteering
agents, the Convention requires countries to " exercise supervision over advertisements, posters, pamphlets and other forms
of publicity " ; but some Governments have stated that they
are unable to exercise such supervision without fundamental
amendment of their legislation or even of their Constitutions.
Form of the Proposed Instruments
The Committee's first task was to decide what form the
revision should take. The representative of Italy considered that
the most appropriate course was to add to the existing Conven-

PERMANENT MIGRATION

COMMITTEE

tion any further provisions which might be necessary for the
due protection of migrants ; the new Convention would then be
a sort of comprehensive charter for organised migration, and,
even if the countries did not ratify it, such a charter would be
of greater practical value than a Convention which, with the
object of securing a large number of ratifications, omitted certain
provisions to which the emigration countries attached particular
importance. Although the Committee as a whole did not share
this view, it may be said already that the proposed Convention
goes beyond the old in so far as provisions regarding the protection of migrants, and particularly equality of treatment, are
concerned.
The international instruments embodying these provisions
should, in the Committee's view, be limited to a single Convention and a single Recommendation, with a Model Agreement
appended to the latter. The Convention should only contain the
most general and most widely acceptable of the principles in
question, and all details regarding their application should be
left to the other two instruments. It should be remembered
that the Committee's conclusions in this regard are not final ;
the International Labour Conference alone has the necessary
power of decision, and will deal with the matter in 1949.
Meanwhile, the Committee will be called upon to discuss the
Convention, Recommendation and Model Agreement once
more in the light of the observations made by Governments
to the Report which the Office has submitted to them.
Subject to any later decisions that may be taken by the
Conference, the texts which will result from the Committee's
work will be graded in obligation : the provisions of the Convention, binding on ratifying States, will be supplemented by the
more detailed but still optional provisions of the Recommendation and Model Agreement. 1 This latter instrument—either
the whole of it, or certain provisions only—is intended to serve
as a guide to States which propose to regulate migration through
bilateral agreements. Consequently its scope is less extensive
than that of the Convention and Recommendation. Moreover,
by its definition, it can only be applied to migration organised
on the basis of bilateral agreements, whereas several of the
1
Under the revised Constitution of the International Labour Organisation, adoption of a Recommendation by the Conference places certain
obligations on Member States, including that of submitting the text
to the competent authority, which decides whether effect shall be given
to all or any of the provisions of the Recommendation.

SECOND SESSION

provisions of the Convention and Recommendation may apply
also to spontaneous unorganised migration.
As organised
movements occur mainly between European countries, and as
mobility of labour is more important to these countries than
to others, it was decided that, in addition to the Model Agreement, drafted for universal use, the Office should prepare an
adaptation more specially appropriate to European needs.
In accordance with a proposal originally put forward by
the Government of the United Kingdom, one of the Committee's
first decisions was that the new Convention should apply to all
persons migrating as workers, whatever the character of the
movement in other respects—temporary or permanent, intercontinental or within a given continent ; this involved the formal
inclusion of refugees and displaced persons. Nevertheless the
Committee wished that—except for the provisions concerning
information and assistance—seamen, frontier workers and indigenous workers, as well as artists and musicians going abroad
for short periods only, should be excluded from the scope of
the Convention. The Convention, like the Recommendation
and the Model Agreement, does not apply to migration for
land settlement.
Although, in accordance with its agenda, the Committee
examined the various possible instruments separately, it will
be advisable to consider them here not separately, but according
to the different subjects with which they deal—provision of
information, recruitment, introduction and placing, equality of
treatment, etc.—and in that order.
It will be convenient, however, for reasons of clarity, to
mention first of all two provisions which the Committee proposed
for inclusion in the new Convention, and to which it would be
confusing to return later. One of these would require ratifying
States to facilitate the departure, journey and entry of migrants
by simplifying administrative formalities in appropriate cases
and making reception arrangements. The other would lay
down a general principle regarding the protection of migrants
during the journey, and in particular on board ship, this provision to be supplemented, with regard to organised migration
movements, by certain clauses of the Model Agreement. It
may be pointed out that there are many instances of action
by Governments on behalf of their own nationals travelling as
migrants by sea, but that there is no international instrument on
the subject, the Inspection of Emigrants Convention adopted

PERMANENT MIGRATION

COMMITTEE

by the International Labour Conference in 1926 providing only
for a simplification of inspection on board ship but not for actual
protective measures.

Centralisation of Information regarding Migration.
The question of the information which should be collected
before a migration movement takes place was examined by the
Committee with special care. This information relates, on the one
hand, to arrangements prevailing in the country of immigration
as regards admission of aliens, the regulations to which they are
subject, their admission to various types of employment, rules
regarding naturalisation, wages, social insurance and other
matters ; and, on the other hand, to the would-be migrants
themselves—their occupational qualifications, age, marital
condition, disposable property, if any, level of education, etc.
Although indispensable even for spontaneous migration, not to
speak of organised movements, the information which States
possess about one another has often proved insufficient. Sometimes information of this sort is in itself incomplete and inaccurate because the country to which it relates has not adequate
technical and administrative organisation for its collection ;
sometimes it does not reach the other countries concerned,
through lack of co-operation at the international level between
the competent services. Each country should therefore develop
its administrative and statistical machinery or conduct enquiries—with the aid of international experts where appropriate—in order to ascertain its need for emigration or its
capacity to receive additional population.
This problem was studied by the Committee ; it did not
recommend that the proposed international instruments should
deal with the matter at any length, but rather that the countries
concerned with migration should at once proceed to a more
complete exchange of the information which they have available.
The Committee felt, however, that a general article, briefly
specifying the different points to which this information should
relate, might well be included in the Convention. A more
detailed list of points should be included in the Model Agreement, and should constitute its first clause. Although intended
for organised migration only, this list could apply equally well
to spontaneous migration.

SECOND SESSION

The Convention should also require ratifying States to
communicate the information in question to the International
Labour Office ; there should be a supplementary provision to
this effect in the Recommendation. The Committee considered
that such centralisation of all information which might affect
migration movements was a necessity ; the data could then be
compared and classified according to the different aspects of
regulation of migration ; and it would thus be possible to
examine any deficiencies and to study the means of making
them good.

Provision of Information to the Migrants.
The collection, exchange and centralisation of information
constitutes only the first stage of the measures preparatory to
migration movements. A necessary second step is the placing
of this information at the disposal of the migrants themselves.
Facts regarding possible countries of immigration have always
been sought by persons intending to leave their homes. Owing
to a lack of official services to which application could be made,
the most usual sources of information in the past were relatives
or acquaintances already established in the new country, or
private agencies whose activities often were, and sometimes
still are, of a doubtful character. Such sources of information
may have been considered sufficient for migration of the pioneer
type and for times when migration movements were not
governed by special regulations ; and Governments were not
then seriously concerned about the risks which their nationals
might run owing to lack of sufficient information. But now
that regulation of migration is becoming more and more
general, with the countries of emigration supervising departure
and the countries of immigration controlling entry and admission to employment, the information in question has not only
become indispensable, but is also more difficult to obtain.
Furthermore, the formalities which a migrant must complete,
both in order to leave his own country and in order to secure

admittance to another, are now more numerous than in the
past ; and although this development has reduced the risks
involved by departure into the unknown—a less frequent
occurrence now that there is more government control—it
will only have resulted in reducing the danger of false or in-

PERMANENT MIGRATION

COMMITTEE

sufficient information if it is accompanied by positive measures
for providing information and aid for migrant workers.
The Committee therefore decided that the Convention might
well contain three provisions on this subject. One would
require States to maintain, or to satisfy themselves that there
is maintained, an information and assistance,service for migrant
workers—this would help the migrants before departure in
the one group of countries, and after arrival in the other. A
second provision would provide for the repression of misleading
propaganda relating to emigration or immigration. A third
would state that if a Government maintains a service of supervision over contracts of employment concluded by intending
migrants before their departure, it must ensure that the migrants
are duly notified of the terms of such contracts.
The Convention should not contain any other rules regarding
the information and assistance service for migrants, but the
Recommendation should state that this service should be
provided by the authorities or placed under their supervision,
and would specify the powers and duties appropriate to it.
Another clause of the Recommendation, closely connected with
the arrangements for exchange of information, should complete
the scheme in this regard ; it should state that any change in
conditions governing authorisation to emigrate or immigrate,
or the admission of aliens to employment, should not come into
force until a certain period after its publication, so that it
may be notified in good time to persons preparing to migrate.
TECHNICAL SELECTION AND VOCATIONAL TRAINING

The technical selection of migrants, a problem which the
Committee related to the question of their vocational training,
can be regarded as one aspect of recruitment. However, given
the order in which migration generally takes place, technical
selection usually follows the provision of information. Although
placed before the Committee as a separate item on its agenda,
the Committee did not consider that technical selection and
vocational training should be the subject of a separate international instrument at this stage. Although the Committee
was unanimous in excluding from the proposed Convention
any provisions regarding the technical selection or vocational
training of migrants, it considered that such clauses should be
included in the Recommendation and the Model Agreement.

SECOND SESSION

For demographic, political and economic reasons, countries
of immigration are increasingly concerned with the selection
of the foreign nationals who are to settle in their territory.
In the case of spontaneous migration, the method adopted is
legislative action excluding the types of persons who are not
desired. In the case of organised migration, such selection
involves close collaboration between the authorities of the two
countries concerned, or between the country of immigration
and the international organisation responsible for the migrants.
In fact, as the representative of Italy pointed out in the subcommittee which discussed these matters, there may be said
to be two stages of selection, one carried out by the authorities
of the emigration country to decide which persons are appropriate for emigration, and a second, applied to the candidates
chosen at the first stage and carried out by the authorities of
the immigration country or the representatives of the foreign
employers if authorised to perform such an operation. It is
in the interests of both countries to select the persons most
likely to adapt themselves to the climate, language and customs
of the country of reception and to all the other conditions which
will constitute the background of their future life. In these
circumstances, it is clear that the establishment of medical,
occupational or other standards of selection is almost always a
matter for direct arrangement between the emigration and
immigration countries concerned.
The Committee therefore considered that the Model Agreement might mention the problem, in order that the Governments should bear it in mind when concluding bilateral agreements. Clearly it is not possible to specify such standards in
detail in an international instrument of a general character,
intended to apply to migration movements which are indefinite
as to date and composition.
Nevertheless, the problem of selection has certain features
rather of an organisational character, which the Committee
considered that the International Labour Conference might
profitably examine. It would, for instance, be useful for the
various immigration countries to agree among themselves
regarding the health standards they wished to establish, so
that any " auctioneering " element prejudicial to the organisation of migration movements would be avoided. Agreements of this sort have already been reached, between recruiting

PERMANENT MIGRATION COMMITTEE

missions sent to Europe by immigration countries, regarding
the selection of displaced persons.
After making a clear distinction between standards of
selection on the one hand, and organisation questions on the
other, the Committee worked out three principles which, it
felt, might be included in the Recommendation. The first is
that the rules for technical selection should in no case be applied
in such a way as to restrict migration. The second provides
that responsibility for selection of migrants should be entrusted
to official bodies, or at least supervised by them. According
to the third principle, technical selection should take place
before departure. Other provisions regarding the organisation
of selection, such as the establishment of centres for this purpose,
should be included in the Model Agreement.
The question öf the vocational training of migrants offers
even more scope for development than that of technical selection. Nevertheless, the Committee considered that the action
taken hitherto to give migrants, either before departure or
after arrival, vocational training suited to the jobs available
in the receiving country, had not yet reached a sufficient degree
of development for international regulations on the question
to be appropriate ; neither the preliminary study of this question
nor practical achievements were considered to be sufficiently
'advanced. The Committee therefore thought that the Convention should not include any provision regarding the vocational
training of migrants, and that the Recommendation should
merely lay down the principle of such training and perhaps
suggest the organisation of general courses for the guidance of
migrants.
Pending the progress in this regard that was necessary
before the question could be brought before the Conference,
which would then deal with every aspect of it, the Committee
considered that the countries of emigration (or the International
Refugee Organisation for displaced persons) and the countries
of immigration should agree and arrange to set up vocational
training courses for migrants sharing the cost if appropriate,
and to organise exchanges of trainees. Both the Recommendation and the Model Agreement might mention these points.

SECOND SESSION

RECRUITMENT, INTRODUCTION AND PLACING

The Committee was of the opinion that the provisions of
the Convention regarding recruitment, introduction and placing
of migrant workers should be so drafted as to indicate clearly
that they apply to all cases in which migratory movement
involves such operations. The essential principle on which
these provisions are based is that recruitment, introduction
and placing should be conducted only by public employment
offices or other public bodies—including organisations established
under the provisions of international instruments. However,
the prospective employer in the immigration country, or persons
acting on his behalf, and private agencies not conducted with
a view to profit, might recruit, introduce and place workers
from abroad in so far as the laws and regulations of the country
permitted and with the approval and supervision of the Government or Governments concerned. It was understood that in
cases where the recruitment is not carried out by or in agreement
with the authorities of the country of immigration, only these
authorities are entitled to assure the migrant that he will be
accepted.
The measures outlined above will provide the basis for the
protection of the migrant worker against fallacious promises,
made to induce him to leave home, and against recruitment
operations of a bogus character or involving exploitation ;
they would be supplemented by appropriate provisions in the
Recommendation and the Model Agreement. The Recommendation would add further safeguards against abuse of private
recruiting, particularly by providing that persons or agencies
engaging in such recruiting should be subject to conditions
laid down in advance by the authority of the country concerned,
and should be supervised by bilateral committees whenever
migration movement is sufficiently large. These persons or
agencies should be required to furnish guarantees for the payment of compensation to the migrant worker for any harm
caused by them ; and, if acting on behalf of an employer should
be required to hold a written warrant to that effect giving
particulars regarding the employment offered. Furthermore,
the cost of recruitment, introduction and placing should be
the subject of national regulations and should not be borne
by the workers themselves. Lastly, the Recommendation
would provide for the simplification of administrative formalities

PERMANENT MIGRATION COMMITTEE

on departure from the country of emigration and arrival in
the country of immigration in the case of members of migrant
workers' families authorised to accompany or follow them.
The main object of the Recommendation in this respect is
thus to regulate the activity of private agencies for recruitment,
introduction and placing, while the Model Agreement, on the
other hand, will relate chiefly to the respective functions of the
emigration and immigration countries where these operations
are bilaterally organised. It will lay down that the authorities
of the emigration country, in accord with those of the immigration country, should establish assembly centres to which
candidates for migration may be directed. The medical
examination and the formalities of selection and recruitment
will take place in these centres, where the migrants will be
entitled to free food and lodging and, if appropriate, to a daily
allowance. Other clauses of the Model Agreement will aim at
protecting the migrant during his whole journey, i.e., during
each of its three stages : from domicile to assembly centre ;
from assembly centre to reception centre, if any, in the country
of immigration, where he will also receive aid and material
support ; and from reception centre to final destination. A
further clause will relate to special facilities for transferring
to the country of immigration any money which the migrant
may have in his country of origin, and for sending savings
back to the country of origin after migration.
Obligations of the Country of Immigration
The provisions regarding recruitment, introduction and
placing described above are consistent with the prevailing
tendency, either to give national employment services—as
they develop—a monopoly of organised placing operations in
a given country, or to enable them to supervise these operations,
or at least to be duly informed thereof.
The placing of foreign workers, and of national workers
going abroad, particularly if they are at all numerous, cannot
be exempt from this rule without rendering it inoperative and
thus disturbing the national employment market. In order to
give clearer expression to this principle, the Committee decided
to insert in the Convention a provision, previously figuring
in one of the Recommendations, to the effect that the country
of immigration should not authorise the admission of additional

SECOND SESSION

foreign workers if there is a sufficient number of national
workers capable of doing the work in question ; if, however,
the immigration country gives such an authorisation, or itself
undertakes the recruitment of foreign workers, it should in
equity assume certain obligations towards such workers in
respect of their employment.
The fact that such obligations have sometimes been disregarded provides countries of emigration with an excuse for
restricting departures of their nationals, and has indeed been
an important factor in inducing certain countries to take such
action in the past. The Committee therefore considered that
the Convention and the Model Agreement should specify these
obligations. The most important provision of this sort, which
holds good only in so far as it does not prejudice the position
of national workers, is that, if the employment for which the
immigrant has been recruited is not suitable, for no fault of
his own, he is entitled to be placed elsewhere or to be assisted
in the search for other employment ; and that, until such employment is found, he is entitled to maintenance at the expense
of the Government. Apart from this responsibility—extending
only for a specified period, the duration of which remains to be
established—the Committee considered that the country of
immigration cannot be expected to assume any other obligations regarding placing or maintenance, except in the case of
displaced persons and refugees, and, even in their case, only
if they have lost their employment owing to a depression in the
occupation in question ; as these persons cannot be repatriated,
the country of immigration should undertake to find them
employment in these circumstances also. Finally, if despite
the aid just specified it is absolutely impossible to find employment for a migrant worker, through no fault of his own, the
cost of repatriation should not devolve on him. Both the
Convention and the Model Agreement would contain provisions
to this effect.
Treatment of Migrant Workers
Some of the provisions in the preceding paragraph relate
to the treatment to be given by the country of immigration to
migrant workers whose recruitment it has itself undertaken
or formally authorised. These provisions are supplemented
by another, providing that the personal effects and tools belong-

PERMANENT MIGRATION COMMITTEE

ing to migrant workers who have been recruited, and to members
of their families, shall be exempt from customs duties on arrival
in the country of immigration, or on re-entry into the country
of origin, if they return thither.
Once established in the territory of the immigration country,
the foreign worker lives under conditions which are identical
in some respects with those of national workers, but different
in others. Often he finds himself excluded from certain occupations, or indeed from specified jobs or undertakings. Several
immigration countries have laws to this effect, issued for security
reasons or—more frequently—in order to protect national
workers from foreign competition. The main result of such
legislation is to reduce the foreign worker's possibility of changing
his job or occupation. This is not a serious inconvenience
if the migration movement has been organised on a temporary
basis ; having been recruited in advance to take a specified job
abroad, the worker knows that the duration of this employment
will determine that of his stay in the country ; he can only
complain if he is sent home before a reasonable period has
expired, and the measures described in the preceding section
give him the necessary safeguards in this connection. But in
case of permanent migration it cannot be denied that to restrict
the foreign worker's possibility of changing his job constitutes
an inequality of treatment which may have particularly serious
consequences in periods of economic depression. For many
such workers repatriation will then be the only way out, and
this is indeed sometimes imposed by the authorities of the
immigration country. The country of origin considers it
unjust that its nationals, having been duly admitted to the
territory of another State, may be obliged to take this extreme
step, particularly when they are numerous and have resided
for a long period in the foreign country ; it is felt that the
community for which they have been working ought to maintain
them until it is in a position to give them other employment.
The Committee considered that the Convention should take
account of this point of view, and should urge countries of
immigration not to expel immigrants and members of their
family simply because of their insufficient means of support or
of the employment situation, though an exception might be
permitted if an agreement on the subject had been reached
between the immigration and emigration countries. A general
provision of this sort should be supplemented in the Recom-

SECOND SESSION

mendation ; this would state that if the country of immigration
considers itself obliged to repatriate a migrant, it should take
account of the period during which he has been, in the country,
allow him a resonable period of notice, ascertain that he is
no longer entitled to unemployment benefit, give him humane
treatment, and see that the cost of repatriation does not devolve
on him.
The countries of immigration are hardly likely to make
further concessions and to remove unconditionally certain of
their restrictions on the employment of foreigners ; in fact,
the question cannot be dealt with in a Convention at the present
stage. It will be handled in the Recommendation, and the
Committee decided to retain the relevant present text without
change. This merely states that foreign workers and members
of their families should as far as possible be admitted to employment under the same conditions as nationals, and that if, nevertheless, there are restrictions in this respect, they should cease
to be applied to immigrants who have resided in the country
for more than five years.
Conditions of Life and Work
Apart from access to employment, it is possible that immigrants may be subject to subnormal standards with regard to
conditions of life and work, or to wages. Where the Government of the immigration country does not authorise such a
situation, the regulations it issues may nevertheless prove
insufficient, or they may be evaded. The harm done may
then extend to national workers, who will consequently be
exposed to competition from below ; though it is far more
difficult for immigrants than for national workers to have
unjust treatment corrected. In fact, the vulnerable position
of the immigrant makes it necessary for him to be given
special protection and assistance, at least for a certain period
after his arrival. The emigration countries have sometimes
required their consular agents in the country of immigration
to take note of complaints made by their nationals and to
supervise their conditions of life and work, but such functions
exceed those normally entrusted to consular officials, who can,
moreover, perform them efficiently only if they are able to count
on the co-operation of the. authorities of the immigration country,
which are primarily responsible for the protection of immigrants.

PERMANENT MIGRATION COMMITTEE

On occasion, when a migration movement has been organised
on the basis of a bilateral agreement, such co-operation is
established ; an example is provided by the agreements reached
during the war between the Governments of the United States
and Mexico regarding the introduction of workers from the
latter country into the former ; and there is also the migration
agreement of 26 January 1948 between Argentina and Italy.
But in the case of spontaneous movements, the authorities of
the country of emigration usually take no part in supervision
and assistance after entry, although their co-operation in this
field might be extremely useful. In some immigration countries
this function is performed by private organisations which
concern themselves very actively with the protection of immigrants.
In these circumstances, the most suitable solution of the
problem of assistance for immigrants with regard to their
conditions of life and work may be found in the joint—and
general—application of the two principles laid down in the
preceding paragraph ; first, that the conditions of employment
of migrant workers should be the object of special supervision
by the authorities of the immigration country ; secondly, that
in the performance of this duty the authorities in question
should call on the co-operation of the emigration country (or
the international organisation responsible for the migrants
before entry) and that of appropriate private bodies. The
Committee decided that these two principles should be included
in the Convention.
Equality of Treatment
The essential object of assistance and supervision is to secure
equality of treatment between immigrants and national workers.
Although it may not be possible to permit foreign workers to
engage in all occupations or employments without restriction,
it is important that they should enjoy the same conditions
as national workers in regard to the occupations which are open
to them.
To the extent to which such conditions depend on legislation,
collective agreements or administrative decisions, the Convention should, in the Committee's opinion, explicitly require the
immigration country to grant equality of treatment with regard
to a number of matters such as wages, family allowances, hours

SECOND SESSION

of work, overtime, holidays with pay, homework, night work,
women's work, etc. The Convention should also provide for
equality of treatment with regard to employment taxes and
contributions, and to legal proceedings, and should call on the
Governments of immigration countries not to discriminate
against foreign workers in regard to membership of trade
unions—a reservation might be made, however, to meet the
view that certain functions in unions are naturally limited to
nationals of the country.
In addition to the fact that, in virtue of its provisions, the
new Convention would go beyond the old, it is proposed to
extend equality of treatment still further by including social
security. Two questions arise in this connection, both of which
should, in the Committee's opinion, be mentioned in the Convention. One is that foreign workers should be admitted without
restriction to social insurance and assistance schemes ; since they
pay contributions, they should be entitled to benefits. Secondly,
it often happens that an immigrant has been in paid employment before his migration and that he was affiliated to the
social insurance institutions in his own country ; it is important
that he should not, owing to his departure, lose the rights he
had acquired or was in course of acquiring, any more than he
would when changing residence within his own country. An
inverse situation may arise if and when he is repatriated. This
part of the problem can only be solved by the conclusion of
international agreements, and the Convention should call on
States to contemplate such action. 1 The Convention should
also mention housing as a field in which the principle of equality
of treatment should apply. Lastly, it would be stated that the
measures regarding equality of treatment for which provision
is made are not to be subject to the condition of reciprocity.
The Model Agreement, intended for organised migration
only, should contain provisions corresponding to those of the
Convention, but going into greater detail. More particularly, it
should indicate the treatment to be accorded to foreign workers
with regard to the right to permanent establishment, specifying
1
The foundation for the conclusion of such agreements is already
laid—in the Equality of Treatment (Accident Compensation) Convention
(No. 19) and the Maintenance of Migrants' Pension Rights Convention
(No. 48) adopted by the International Labour Conference in 1925 and
1935 respectively ; furthermore, each of the six international labour
Conventions on old-age, invalidity, and survivors' insurance in industry
and agriculture respectively, adopted in 1933, contains an article
regarding the treatment of foreign nationals.

PERMANENT MIGRATION

COMMITTEE

that the country of immigration should make no distinction in
this respect among immigrants authorised to enter the country.
It should also lay down the principle of equality of treatment
regarding food and the distribution of foodstuffs, and regarding
acquisition of property. Finally, it should specify all the clauses
to be included in the individual contract of employment of
persons recuited for work abroad, if provision for such a contract
is made by the two countries concerned. The object here is
to introduce supplementary guarantees regarding equality of
treatment, by stating—for instance—that the migrant's individual contract of employment may in no instance take the place
of a collective agreement or rules applying in the country of
immigration and determining conditions of work for all persons
employed in the industry or occupation in which the migrant
worker is to engage.

OTHER PROVISIONS OF THE CONVENTION
AND M O D E L AGREEMENT

The preceding analysis shows that the principles adopted
by the Committee are capable of securing protection for migrants
while respecting the legitimate interests of nationals of the
immigration country. This protection, as has been seen,
extends to all stages of the migration movement, from the time
when the individual begins to think seriously of emigrating
and seeks the necessary information with this object in view,
until the time at which he is permanently settled in the new
country. It would be possible to go still further and to introduce
provisions regarding the final assimilation of the migrant in the
community which receives him. Despite a proposal to this
effect put forward by the representative of India, the Committee
did not think it advisable to include articles regarding naturalisation and assimilation in the Convention itself, but the question
of the naturalisation of permanent immigrants will be dealt
with both in the Recommendation and in the Model Agreement.
The Committee also made provision for the case of a migrant
who returns to his original country without having made a
satisfactory position for himself abroad. In such circumstances,
the repatriated worker should have the benefit of that country's
unemployment and assistance schemes—including relief works—

SECOND SESSION

without any condition regarding residence. This provision,
which the Committee proposed to include in the Convention,
is the last of those relating to the migrant's protection proper,
either in that instrument or in the Recommendation or Model
Agreement.
It only remains to mention two other provisions, one for
inclusion in the Convention and applying to all forms of migration, the other concerning bilateral arrangements and appropriate for the Model Agreement. The first of these lays down the
principle of continuous international co-operation between the
various services responsible for employment and migration
questions ; without such co-operation, the action described
above, regarding information for migrants and the adjustment
of migration movements to the respective national employment
situations, would be ineffective. This provision is an answer
to several of the problems mentioned in the preceding pages,
and is particularly important as a means of securing manpower mobility—a question to which reference will be made
later. The second provision, which would be inserted in the
Model Agreement, relates to the establishment of joint committees by countries which have concluded bilateral agreements
on migration matters ; these committees might have advisory
functions and would be composed of representatives of the
authorities of the two countries concerned or any other persons
whom it might be considered necessary to consult. It was
understood that, in the case of displaced persons, the establishment of committees by the immigration countries and the
International Refugee Organisation is also recommended.

INTERNATIONAL MOBILITY OF LABOUR

Although certain European countries continue to regard the
emigration of a proportion of their inhabitants as necessary,
should economic activity decline, some of them have for the
moment become countries of immigration, and there is every
possibility that they will so continue for the immediate future.
Indeed, although they have received some hundreds of thousands
of foreign workers since the close of hostilities, these countries
still need manpower, their shortages having been estimated,
for 1948 alone, at 28,000 in Austria, 21,000 in Belgium, 145,000
in France, 5,400 in Luxembourg, 9,300 in the Netherlands,

PERMANENT MIGRATION

COMMITTEE

5,000 in Sweden, 67,000 in Switzerland, and 100,000 in the
United Kingdom. 1 Moreover, these figures do not include the
needs of the coalmining industry, which are difficult to evaluate,
owing to the vagueness of the terms used in the European
countries to define the occupations connected with that industry.
There is also a need for manpower in several eastern European
countries, such as Poland. In contrast to the situation of the
countries mentioned, nearly 2,000,000 Italian workers are
unemployed ; and there are also several hundred thousand
refugees and displaced persons whom the International Refugee
Organisation is attempting to establish in the immigration
countries of Europe and other continents. As regards Europe,
and to a smaller extent the world as a whole, the problem may
be described as that of securing sufficient mobility of labour
between one country and another. Indeed, time is a most
important factor in European migration, since European
reconstruction depends largely on the speed with which jobs
in a number of industries can be filled.
The delays which clog migration movements are due to
various causes, a thorough analysis of which would lie outside
the scope of the present study. It may, however, be pointed
out—since European migration has taken place largely on the
basis of bilateral agreements—that the laborious negotiations
which usually precede these movements would be greatly
facilitated if the countries in question were to adopt the principles worked out by the Committee for inclusion in the new
Convention, the new Recommendation and the Model Agreement. This is itself evidence of the practical value of the
Committee's work. But the international mobility of labour
is now also encountering obstacles of a different character.
The jobs offered in the immigration countries generally require
certain occupational qualifications, whereas most of the workers
available—in Italy and elsewhere—are not sufficiently skilled ;
their training, therefore, constitutes an important element of
the problem of migration. In some cases also, the potential
emigrants have qualifications, but—failing a terminology
common to the emigration and immigration countries—it
cannot be ascertained, without a long preliminary investigation,
whether these qualifications correspond exactly to the requirements for the available jobs. At a later stage in organisation,
1

COMMITTEE OF

Conference,

Rome,

E U R O P E A N ECONOMIC

CO-OPERATION : Manpower

Jan.-Feb. 1948 : Report

(London-Paris,

1948).

SECOND SESSION

mobility of labour at the international level requires the rapid
circulation of sufficiently complete information regarding both
the exact employment situation in the countries in question
and the conditions attached to the vacant jobs.
These questions were dealt with by the Manpower Conference
held in Rome early in 1948 under the auspices of the Committee
of European Economic Co-operation. Its decisions were brought
to the notice of the Permanent Migration Committee and
influenced its work. Moreover, in any case the work of the
Committee was related to the question of manpower mobility.
Collaboration between national employment services, which
the Convention is to prescribe, would not only be conducive
to the protection of migrants, but would also meet the need
for international redistribution of labour in the interests of
economic recovery. The Committee also suggested that the
Governing Body should consider the establishment of an international employment information service and—in so far as
the countries lack the necessary technical organisation or it
is necessary to extend the scope of the information provided
—that it would be useful to supplement this service by establishing a corps of international experts available for conducting
migration surveys. Having before it an identical proposal
from the Manpower Subcommittee of the Economic Commission for Europe, the Governing Body decided that the Office
should publish a periodical summary of manpower needs and
manpower available, first of all for the European countries
and subsequently, if required, for the others also.
As regards vocational training, it is evident from the above
survey of the situation that it would be difficult at present to
adopt an international scheme for the benefit of migrants alone.
In the Committee's view, practical action in this field should
be immediately initiated, but it can only develop to the necessary
degree with the corresponding development, in each country,
of vocational training schemes for all workers—nationals and
foreigners alike. 1
Lastly, the Committee considered the question of a common
terminology to be used by all countries concerned with migration
movements, which would enable them to agree regarding the
1
With this object, and at the request of the Economic Commission
for Europe, the Governing Body has instructed the Office to start an
international service for the regular and rapid exchange of information
on vocational training.

PERMANENT MIGRATION COMMITTEE

occupational classification of their respective surpluses or
shortages of manpower. The Rome Conference had already
asked the Office to prepare a classification to this effect, but
the request related to the European countries only. The
Committee realised that the problem thus raised is on a universal
scale, and that account should be taken of the needs of all
countries. x It therefore asked the immigration countries to
draw up classifications, under the auspices of the I.L.O., to
show the main occupations, in industry and in agriculture, in
which there is a shortage of labour, and indicating clearly the
nature of the operations required of immigrant workers.

CO-ORDINATION OF INTERNATIONAL RESPONSIBILITIES

The fourth item on the agenda of the Committee related to
co-ordination between the work of the United Nations and the
various other international institutions which are competent
for any aspect of migration questions. Such co-ordination had
been recommended by the Committee itself, at its first session,
as an alternative to establishing a special international agency,
which would have been a very difficult matter at the present
juncture.
Among the permanent international organisations (that is,
apart from the International Refugee Organisation, which
has a definitely restricted field of action), some have a direct
and major interest in migration questions, while a second
group is called upon to deal with these questions as accessory
to others. The United Nations and the International Labour
Organisation fall into the former category ; the United Nations
Educational, Scientific and Cultural Organisation, the Food
and Agriculture Organisation, the World Health Organisation
and the International Bank for Reconstruction and Development belong to the latter. General co-ordina"tion of the work
of these various bodies will, no doubt, be undertaken by the
organs established for this purpose under the Charter of the
United Nations and the relevant resolutions of the General
Assembly and the Economic and Social Council ; but in the
1

Following a decision of the Governing Body, the Office has already
begun this work ; the classification which it is establishing will be
restricted for the time being to Europe, but is to be extended subsequently to other countries concerned with migration movements.

SECOND

SESSION

case of the United Nations and the International Labour
Organisation, which are more directly concerned than the others
with the over-all problem of migration, an agreement has been
reached at the secretariat level with a view to defining their
respective fields of action. This provides that the competence
of the International Labour Organisation covers all questions arising from the rights and situation of migrants as
workers, and the provision of general assistance and advice to
Governments on migration schemes as it may be able to
give. The United Nations, on the other hand, would be competent for the problem of migration from the population point
of view, the rights and situation of migrants as aliens, and
the economic, financial, political and legal aspects of migratory
movements. 1
The text of this agreement was communicated to the Permanent Migration Committee, which wished in its turn to remind
the Governing Body that the questions thus falling to the
International Labour Organisation were of exceptional importance and that, by reason of its tripartite character, the
Organisation was in a particularly advantageous position, as
compared with other specialised international agencies, to
handle them. The Committee hoped that this fact would be
borne in mind, and that the International Labour Organisation
would receive exclusive jurisdiction, with regard to the labour
phases of migration, in any permanent arrangement to divide
work between the international agencies. Having made this
declaration of policy, the Committee indicated the importance
it attached to the development of I.L.O. studies and action in
the migration field. In particular, it considered that the Office
should pursue the studies begun in 1934 on the part which
migration should play in countries with a surplus of land, labour
or capital. Above all, however, the Committee drew the
attention of the Governing Body to the urgent character of
present migration problems and to the advisability of an
attempt by the International Labour Organisation to find
solutions through regional action. It therefore asked that the
Office might be authorised to adapt the Model Agreement
to present European conditions and to collaborate closely
with the Permanent Co-ordination Committee for European
Manpower Movements, which was established at Rome at the
1
For greater detail, see document PMC.2/4 prepared by the Office for
the Committee.

PERMANENT MIGRATION COMMITTEE

close of the Manpower Conference held there in January 1948
and mentioned above.
Having considered, in this connection, the regional action
for which a solution of migration problems might call, the Committee transmitted to the Governing Body a resolution which
had been placed before it by the representative of Peru, regarding
European migration to Latin America. The resolution pointed
out that such migration would enable Latin America to increase
its production and so to contribute more to aid for Europe ;
but it raised questions of finance and action the answer to
which depended on collaboration between the European and
Latin-American countries concerned and the international
organisations competent in migration matters.
Lastly, the Committee requested the Governing Body to
convene it again as early as possible in 1949, and suggested that
the agenda for the third session should be as follows : consideration of the revised texts of the Convention, Recommendation
and Model Agreement in the light of the consultation of Governments which is to be undertaken ; and formulation of principles
concerning migration for land settlement, including preparation
of a special Model Agreement in this regard.

APPENDICES

APPENDIX I
EXTRACTS FROM THE REPORT OF THE SECOND SESSION
OF THE PERMANENT MIGRATION COMMITTEE
GENERAL

DISCUSSION

The Director-General, in opening the session, recalled the work
done by the Committee at its first session, held in Montreal in 1946,
at which a new attitude and a new atmosphere had been sensed in
dealing with questions of migration.
The second meeting would carry further the work begun in
Montreal by the International Labour Organisation. Protection of
the conditions of life and labour of migrant workers has a practical
and immediate importance at the present time. The Economic and
Social Council of the United Nations had expressed the desire that
the International Labour Organisation should expedite its work in
this field as far as possible. Moreover, cordial working relations
had been established with the Economic Commission for Europe
and with the recent Rome Conference on Manpower. In connection
with the co-ordination of the various aspects of the problem of
migration, an agreement had been worked out with the United
Nations Secretariat, marking in a broad and sweeping way the
general field of interest of the International Labour Organisation,
and the general field which would be dealt with by different organs of
the United Nations. He suggested that the Governing Body on
the one hand, and the United Nations on the other, would be glad
to have any suggestions concerning the terms of the agreement
that the Committee wished to make.
He concluded that, in a world in which strains and stresses
show no signs of diminishing, a body which can give technical study
to these international problems may make the greatest possible
contribution to the " well ordering " of the world.
The Representative of the Director-General explained briefly the
suggestions made in the Office reports with respect to the various
items on the agenda.
The Expert member, Mr. Doria de Vasconcellos, opened the
general discussion with the suggestion that the varied geographical,
social and political problems of the different continents, as well as
the differing types of migrant workers, should be differentiated in
the international instruments considered by the Committee. To
this end he suggested that migrants be divided into six categories :
3

PERMANENT MIGRATION

COMMITTEE

(1) migrants engaged for a fixed period on the basis of a contract
of employment ;
(2) migrants entering a country on a permanent basis, without
a contract of employment but with a guarantee of employment or
settlement given by a public authority ;
(3) migrants entering a country on the nomination of relatives
or friends residing there ;
(4) migrants entering with sufficient capital to work on their
own account ;
(5) migrants for land settlement entering either with sufficient
capital or with the assistance of private or public agencies, and
(6) refugees or displaced persons under the aegis of an international organisation.
He proposed that the most satisfactory method of work would
be to take account of these various categories and draw up common
general principles which could be applied to all, leaving for separate
instruments detailed provisions suitable to each of the individual
categories.
The United Kingdom member urged that the goal of the
Committee should be to formulate workable instruments, containing
general principles which would be applicable both to migrants for
employment and displaced persons and which could obtain international acceptance. In particular the Committee should try to
reach common agreement on those principles which would assure the
basic rights of migrants as human beings.
The representative of Italy proposed that the aims of the Committee should be first to reinforce and complete the existing Convention on migration in order to make it a real charter of migration
principles ; second, in formulating a model agreement, to take into
account the suggestions made by Mr. Doria de Vasconcellos that
some provisions would be applicable to certain types of migration
and not to others, and third, to transform the existing two Recommendations and the model agreement into a single general Recommendation. In particular, he proposed that the Convention, in order
to constitute a real migration charter, should include the following
series of principles : general principles of selection to be added to the
existing provisions concerning recruitment, introduction and placement, the right of the emigrant worker to transfer his savings ;
facilities to be granted to members of the migrant's family in order,
as far as possible, to avoid their separation ; full application of
social security legislation to emigrants and their families ; assimilation of migrant workers to national workers, subject to certain
residence conditions in obtaining paid employment ; the issuance
to the migrant before his departure of a full and detailed contract of
employment ; the organisation of an inspection service for immigrant
workers carried out in co-operation with the country of emigration.
In addition to these basic principles, which should be added to the
existing Convention, he considered that the Recommendation should
incorporate detailed model agreements.
The Netherlands member stressed the need to place only basic
principles in the Convention, leaving all details to Recommendations
and model agreements. While he preferred to have only one general

APPENDICES

Convention, he agreed with the Expert that there should be separate
model agreements for temporary migrants, for permanent migrant
workers, and for migrants for settlement. In addition he proposed
that provision should be made either, within the Convention or
Recommendation or in a separate agreement, for the exchange of
student employees. He pointed out that the exchange of student
employees was not directly connected with the problem of migrant
workers, but he considered that it should be dealt with within the
general framework of migration.
The representative of Denmark supported the suggestion of the
Netherlands representative for the development of agreements
concerning the interchange of trainees and proposed that a provision
should be incorporated in the Convention concerning the desirability
of Governments making agreements with regard to the exchange
of persons for the purpose of training.
Mr. Monk, representative of the Workers' group of the Governing
Body, supported the proposal of the United Kingdom that the
emphasis of the Committee should be placed on assuring to workers
that when they transfer from one country to another they will not
be discriminated against in regard to their employment or social
conditions in the country to which they are migrating. He urged that
the Committee consider what methods should be employed to
investigate thoroughly the absorptive capacity of countries seeking
migrants in regard to industrial employment and what classes of
occupation are more suitable for migrants. He also suggested that
attention should be given to the question of the conditioning of the
migrant before he leaves the country of his birth, a further
conditioning that he should receive immediately on arrival in the
country to which he is proceeding, and subsequent education in
order to be assimilated into the community to which he is going so
that he would be absorbed as an ordinary citizen in the general
community.
In the course of the general discussion, the Polish member
emphasised the interest of his Government in obtaining new international agreements concerning labour protection and related
questions through the work of the International Labour Organisation.
He noted that Poland was no longer an emigration country, since all
Polish nationals would be welcome for employment in Poland, but
that Poland was concerned with the reaching of agreements that
would in all cases protect migrant workers. He considered that the
possibility of obtaining real progress with respect to the protection
of migrants generally depended upon reaching clear solutions of the
problem of displaced persons and refugees. He therefore urged that
the discussion of the Committee should deal with, in particular, the
drawing up of the general principles to govern the conditions of life
and work of workers, who transferred from one country to another,
including refugees and displaced persons. The possibility of achieving
agreement on this matter required, in the view of the Polish Government, recognition that displaced persons must be subject to the
protection and guarantees by the countries of which they were
nationals. On behalf of the Polish Government he entered a protest
over the way in which he claimed Polish nationals abroad had been
dealt with, and in particular their recruitment among displaced
persons by representatives of Governments and of various international organisations without the collaboration of the Polish
Government. He considered that Polish nationals had been subjected

P E R M A N E N T MIGRATION

COMMITTEE

to misleading propaganda and had suffered intolerable conditions in
the countries to which they had been recruited. He therefore asked
that the Committee should adopt a formal resolution recognising
that recruitment should only be carried out on the basis of bilateral
agreements between the Governments of origin and the Governments
of immigration.
In reply to the statements made by the Polish member, formal
denials concerning the alleged treatment of Polish workers in their
countries were made by the members from Australia, Belgium,
Brazil, Canada, the Netherlands and the United States.
The Committee, in the course of its general discussion, heard
statements by the representatives of the United Nations concerning
the interest of the United Nations in migration, especially in relation
to the protection of foreign workers. Attention was drawn in
particular to the desire expressed by the Economic and Social
Council of the United Nations that the problems be dealt with
under urgent procedures, and that the Council be informed of the
progress of the work. In addition, attention was called to a recommendation from the Industry and Materials Committee of the Economic Commission for Europe asking if the Permanent Migration
Committee, in the course, of considering a model agreement, would
consider whether it could, within the framework of a world-wide model
agreement, consider more detailed terms appropriate for inclusion in
a European agreement.
ITEMS 1 AND 2 OF THE AGENDA

The Committee, at its sixth plenary sitting, examined the report
submitted to it by the Subcommittee appointed to consider the
first two items on the agenda, " Consideration of proposals for
revision of the Migration for Employment Convention, 1939, and
related Recommendations " and " Draft model migration agreement ". x
In .concluding its consideration of Items 1 and 2 of its agenda the
Committee adopted the resolution suggested by the Subcommittee
asking the Governing Body to place on the agenda of the 1949 Session
of the International Labour Conference the revision of the Migration
for Employment Convention, 1939, the Migration for Employment
Recommendation, 1939, and the Migration for Employment (Cooperation between States) Recommendation, 1939.
ITEM 3 OF THE AGENDA

At its fifth plenary session the Permanent Migration Committee
considered some alterations in the report of the Subcommittee
dealing with technical selection and vocational training. It was
agreed that bilateral agreements might be concluded by a country of
immigration not only with a country of emigration but also with
any international organisation which is or may be charged with
responsibility for refugees and displaced persons. In addition it was
1
The remaining part of this chapter of the Committee's report has
been deleted. It contained the decisions of the Committee concerning the
texts of the Convention, the Recommendations and the Model Agreement, decisions which are indicated in the report submitted by the Office
to the 32nd Session of the International Labour Conference (Migration
for Employment: Report XI (1)) or in other sections of this report.

APPENDICES

proposed that bilateral agreements should cover the exchange of
student employees as well as the other points mentioned. The
conclusions of the report are appended to this report. (See below,
pp. 36-37.)
ITEM 4 OF THE AGENDA AND OTHER MATTERS

At its sixth plenary session the Committee also considered the
report submitted by the Steering Committee, which had been asked
to consider item 4 of its agenda, " Co-operation of the International
Labour Organisation in measures for the co-ordination of international responsibilities in the field of migration ".
The full Committee accepted, with a single textual modification,
the proposals made by the Steering Committee on this item. These
proposals are appended to this report. (See below, pp. 38-40.)
In addition, the Steering Committee included in its report a
declaration submitted by the representative of Peru in which it
proposed recommendations for the Governing Body. An amendment
to these recommendations was submitted by the Italian member.
The question was referred back to the Steering Committee, which
accommodated the Italian proposal in paragraph 5 of its report on
item 4 of the agenda. The Peruvian resolution, as amended by the
Steering Committee, was unanimously adopted by the plenary
committee. It is also given in the report of the Steering Committee
as appended to this report.
The Committee also endorsed, with one dissenting vote, a proposed
resolution submitted by the members of Belgium, France and Italy
concerning the Rome Manpower Conference, which is also given in
full in the report of the Steering Committee on item 4 of the agenda.
RESOLUTION CONCERNING R E F U G E E S AND DISPLACED PERSONS

The subject of displaced persons, before the Committee on several
occasions, was dealt with finally when the Committee gave consideration to the following proposed resolution submitted by the Belgian
member :
The Permanent Migration Committee, meeting in Geneva from
23 February to 2 March 1948,
Having heard various statements and proposals concerning the
settlement and conditions of labour of refugees and displaced persons
in the countries in which they have immigrated,
Whereas the question of migrant workers in certain countries is at
present linked up with that of the employment of refugees and displaced
persons ;
Whereas in all cases in which these persons, whom it has not been
possible to repatriate to their country of origin, in application of the
various resolutions of the United Nations, settle in countries which have
offered to receive them, they should enjoy, on the same basis as other
migrant workers, all the guarantees granted to the latter ;
Notes that the displaced persons who are not at present repatriable
and who come under the jurisdiction and the protection of the International Refugee Organisation have obtained, both in application of
the fundamental principles of the International Refugee Organisation
and of the International Labour Organisation and by the conclusion of
bilateral agreements between the authorities who are responsible for these
persons and the Governments of the countries of immigration, conditions of labour equal to those of the nationals of the countries concerned ;

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Recommends :
1. That the Members of the International Labour Organisation
concerned should be invited to report to the Organisation on the conditions of labour of displaced persons who have settled in their respective
countries and on the extent to which they have applied up to now in
respect of these persons the Convention and the Recommendations of
1939 concerning the recruitment, placing and conditions of labour
of migrants for employment ;
2. That the competent bodies of the United Nations be invited
to adopt all measures likely to hasten the solution of the problem of
displaced persons in accordance with the resolutions adopted by the
Assembly of the United Nations.
A resolution presented by the Polish member at the first plenary
session had been rejected by a majority vote during the proceedings
of the Subcommittee on items 1 and 2 of the agenda. A motion of
the French member, adopted in the same Subcommittee, was withdrawn at the request of the mover at the final plenary meeting. In
the discussion of the Belgian motion the Polish member moved the
deletion of paragraph 4 of the resolution, concerning present conditions of labour of displaced persons under the jurisdiction of the
International Refugee Organisation. A vote was taken concerning
this amendment to the resolution, and it was agreed to maintain
the paragraph.
The Committee then adopted, with one dissenting vote, the
resolution submitted by the Belgian member.

f
PROCEDURAL MATTERS

In concluding its discussion the Permanent Migration Committee
unanimously adopted a resolution proposed by the Belgian and
Canadian members which reads as follows :
The Permanent Migration Committee
Requests the Governing Body of the International Labour Office
to convene the third session of the Permanent Migration Committee
as early as possible in 1949,
Suggests that the Governing Body place upon the agenda of the
Third Session :
1. Consideration of the revised texts in the light of the consultation
of Governments, as requested in the Report of the Permanent Migration
Committee at its second session, with regard to the proposed revision of
the 1939 Convention and Recommendations and the proposed model
agreement and
2. Formulation of principles concerning migrants for land settlement, including the preparation of a model agreement covering migrants
for land settlement,
Suggests that the Governing Body, in fixing the duration of the
third session, endeavour to arrange that a sufficient number of days be
allowed to give due consideration to all matters before the Committee.
The Committee concluded its work by the unanimous adoption
of its report.
(Signed) V. C. PHELAN,
Chairman and Reporter.
Geneva, 2 March 1948.

APPENDICES

CONCLUSIONS OF THE R E P O R T OF THE SUBCOMMITTEE S E T UP TO
EXAMINE THE T H I R D ITEM OF THE AGENDA OF THE COMMITTEE

A. Suggestions concerning Future Action by the International Labour
Organisation on the Question of Technical Selection and Training of
Migrants
1. Technical Selection.
The Subcommittee considers that the International Labour
Conference might examine the question of the selection of migrants
under every aspect (medical, vocational, psychological, etc.) at
the same time as that of the revision of the Convention and Recommendations concerning migration for employment and that of the
preparation of a Model Agreement on migration, with a view to the
inclusion in one of the Recommendations and in the Model Agreement
of provisions relating to the technical selection of migrants.
2.

Vocational Training.
The Subcommittee is of the opinion that the question of the
vocational training of migrants—
(a) should be examined by the International Labour Conference
at the same time as that of the revision of the Convention and the
Recommendations concerning migration for employment and that
of the preparation of a Model Agreement on migration with a view to
the inclusion in one of the Recommendations and in the Model Agreement of provisions (see (d) and (e) of B. 1. below) relating to the
vocational training of migrants ; and
(b) should continue to be followed closely by the International
Labour Office and should be included in the agenda of a later
session of the International Labour Conference with a view to the
ossible adoption of a special instrument (Recommendation) estalishing the principles capable of serving as a basis for the organisation of the vocational training of migrants.

Information.
(a) The Subcommittee considers that the point relating to
the improvement of information services for migrants (B. 3) might
be included with the question of the general information of migrants
which is examined under items 1 and 2 of the agenda of the Committee.
(b) The Subcommittee considers that it would be suitable to
include with the question of vocational training of migrants that
of the organisation of general information courses designed to
facilitate their adaptation to the conditions of the country of
immigration.
B. Provisions which might be Included in an International
(Recommendation)

Instrument

The Subcommittee considers that the following points might
be included in an international instrument (Recommendation) :
1.

General Principles.
(a) The desirability of advocating the use of technical selection
of migrants, not so as to restrict migration, but in order to facilitate

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the adaptation of migrants to the conditions of the country of
immigration.
(b) The desirability of entrusting the task of technical selection
of migrants to official bodies or, where appropriate, to private bodies
duly authorised and supervised by the country of immigration, or,
where the case may arise, to both conjointly, without prejudice to
the rights exercised by the country of emigration over the activities
of such bodies within its territory.
(c) The desirability of technical selection of migrants being
organised in the country of emigration.
(d) The desirability of advocating the organisation of orientation
courses designed to inform migrants of the conditions and, as the
case may be, to instruct them in the language of the country of
immigration with a view to facilitating their adaptation.
(e) The desirability of advocating that possibilities of vocational
training which would permit them to acquire the vocational qualifications required by the country of immigration be placed at the disposal
of migrants, both in the emigration and immigration countries.
2. Bilateral Co-operation.
The desirability of inviting the countries of immigration and
those of emigration (or any international organisation which
may be charged with responsibility for refugees and displaced persons)
which negotiate bilateral agreements for the regulation of migration
to agree among other things on the organisation of technical selection,
exchange of student employees, information and, where possible
vocational training of migrants.
3. International Co-operation.
The desirability of encouraging, with a view to augmenting and
improving the documentation of information services for migrants
in all countries, an international exchange of information such as
would facilitate the adaptation of migrants in the country of immigration and concerning particularly vocational qualifications required
by the country of immigration, the recognition by these countries
of capacities and experience acquired by migrants in different
occupations and the conditions of work and of living in these
countries. (Cf. Report on item 4 of the agenda.)
C. Points which should be Determined by Bilateral Agreement between
the Countries of Emigration and Immigration in the Case where the
Two Countries agree to Regulate Migration by such an Agreement or
between a Country of Immigration and any International Organisation which may be Charged with Responsibility for Refugees and
Displaced Persons
1.
(i)

(a)

Types of criteria to be applied :

Criteria of medical selection : nature of the medical examination
which migrants should undergo (general medical examination,
X-ray examination, laboratory examinations, etc.) ; the drawing up, for purposes of selection, of lists of diseases or physical

APPENDICES

defects which clearly constitute a disability for employment in
certain occupations. 1
(ii)

Criteria of vocational selection : agreement between the two
parties concerned on the subject of documents establishing
proof of the vocational qualification of the worker which shall
be recognised by the recruitment authorities of the two parties
concerned ; the development of the use of psychotechnical
tests and agreement between the two parties as to the tests to
be used ; when it seems difficult to recruit a sufficient number of
workers for a determined occupational category, the drawing-up
of a list of professions which require similar occupational capacities or aptitudes and which can furnish workers capable of
adapting themselves.

(iii)

Criteria regarding the age of migrants determined in a flexible
manner so as to take into account the particular requirements
of different occupations, on the one hand, and of the variable
aptitudes and capacities of different individuals of a given age,
on the other hand.
(b)

(i)

Provisions relating to the organisation of selection.

In appropriate cases the recognition and the composition of
the official or approved non-official bodies of the country of
immigration competent to carry out selection in the country of
emigration.

(ii) The organisation of examinations for selection which migrants
are to undergo, the centres where such examinations are to be
conducted, and the sharing of expenses pertaining to these
examinations.
(iii)

The collaboration of the competent authorities of the two
parties, and particularly of the employment services.

(c) The Subcommittee considers that the parties concerned
should agree upon the exchange of information such as would
facilitate the adaptation of migrants to the conditions of the country
of immigration.
(d) The Subcommittee considers that the parties concerned
should agree to co-ordinate their activities for the organisation of
courses of general information and vocational training for migrants,
for the exchange of experts on this subject and possibly for the
sharing of expenses pertaining to it.
2. (a) The Subcommittee considers that the points (a), (b) and
(d) mentioned above should be mentioned in the Model Agreement,
leaving the settlement of details to bilateral agreements between
the parties concerned, taking into consideration the special circumstances in each case.
(b) The Subcommittee considers that point (c) mentioned above
should be dealt with in a special clause of the Model Agreement.
1
Countries negotiating bilateral agreements for migration should
undertake to respect minimum standards of health determined by
international conventions and relating to movements of population
from one country to another.

PERMANENT MIGRATION COMMITTEE

D. Exchange of Information
On the proposal of the representative of Belgium, the Subcommittee decided to have an exchange of views on point B. 3 of
the plan of discussion and to invite members of the other Subcommittee to take part in it.
As was stressed by several speakers, this paragraph is linked to
the resolution adopted by the Manpower Conference convened in
Rome at the beginning of 1948, which requests the I.L.O. to establish
an international classification of occupations. The representative
of the United Kingdom, supported by the representative of Australia,
pointed out that there would be every advantage in extending such
a classification not only to the sixteen nations participating in the
Rome Conference, but to all countries.
The representative of the Netherlands stressed on two occasions
the need to create an international centre where the emigration
and immigration countries concerned might obtain the necessary
information.
The Committee moreover was unanimously of the opinion that
right after the end of the present Session, and without waiting
until the next session of the International Labour Conference,
immigration countries should draw up under the auspices of the
I.L.O. both for industry and agriculture, a classification of the main
occupations which they are able to throw open to immigrants,
indicating clearly in each case the nature of the operations required
of the migrant.
Geneva, 28 February 1948.
(Signed)

J. FRÉZOULS,

Reporter.

REPORT OF THE STEERING COMMITTEE

Item 4 of the Agenda
The Steering Committee, having given careful consideration to
item 4 of the agenda, viz., co-ordination of international responsibility in the field of migration, wishes to recommend that the Permanent Migration Committee submit to the Governing Body, as
its report in this regard, the following :
1. The Permanent Migration Committee has noted that several
international agencies have responsibilities in relation to the overall problem of migration. This the Committee feels to be inevitable,
for the alternative of establishing a single international agency to
treat with all phases of migration would not seem to be practical,
as the responsibilities of the various agencies in regard to migration
constitute an integral part of their work, nor would it seem desirable
to establish a new international agency at this time.
2. The alternative is to co-ordinate the work of existing agencies
in relation to migration, in order to ensure that as far as possible
there shall be no overlapping, on the one hand, and, on the other,
that no phase of the problem in which international action would
be helpful may be neglected.

APPENDICES

3. The Committee notes with satisfaction t h a t the problem of
co-ordination of international activities has received attention,
following the recommendation made by its first session held in 1946:
4. The Committee feels that under its Constitution the area
of the field in which the International Labour Organisation operates
is of first importance since it touches human and labour relations :
it feels also that, as the International Labour Organisation is the
only international organisation formed on a tripartite basis, including
representation of employers and workers, the International Labour
Organisation is in a unique position to deal with the phases of
migration assigned to it. In any arrangement which may be arrived
at now or in the future in relation to a division of work amongst
the several agencies, it is hoped that this latter fact will be borne
in mind to ensure to the International Labour Organisation an
exclusive jurisdiction in regard to the labour phases of migration.
5. The Committee feels that steps toward co-ordination of
activities would be facilitated by the completion of a study of the
work already accomplished by the several agencies in the field of
migration and by an analysis of the future field for international
action. The Committee is aware that the International Labour
Organisation and other agencies have already progressed along the
lines indicated but would suggest that the International Labour
Organisation, in consultation with other agencies as may be necessary,
should carry these studies through to completion at as early a date
as may be practicable. In particular, it desires that the International
Labour Office should pursue the studies undertaken since 1934. 1
6. On three specific points it would seem to the Committee the
time would now be appropriate for a further development of international action through the International Labour Organisation :
(a) There is a demand for improved statistical and other information on a periodic basis in connection with migration movements ;
(b) The need for an international employment information
service, to assist individual countries in the resettlement of manpower, is indicated ;
(c) The development of a corps of experts available for conducting migration surveys and for giving assistance to individual State
Members asking for it—a phase of the question closely related to
an international employment information service—deserves close
attention at this time.
7. The Committee feels that, as the variation of social and
working conditions around the world tends to create situations in
the field of migration where the practical solution is through agreements between pairs of countries or between countries in a given
area, much might be accomplished by exploring fully the possibility
of development of regional standards and regional arrangements
to facilitate migration, especially as indicated by labour surpluses
and labour shortages. The Committee urges the Governing Body
1
This question, dealt with in Document CM/II/3/1934, 2nd Session,
relates to studies concerning co-operation of t h e agents of production
(land, labour and capital).

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COMMITTEE

to undertake new regional activities in regard to migration, and to
authorise the Office to undertake new responsibilities at the regional
level.
8. The Committee notes the agreement entered into between
the Secretary-General of the United Nations and the DirectorGeneral of the International Labour Organisation in relation to
co-ordination of migration activities, and feels that this document
should provide a background for the development of co-ordination
in this field.
9. The Committee recognises that implementation of these
recommendations would involve an increase in International Labour
Organisation facilities. It is suggested that because of the urgency
of migration problems a t the moment serious consideration be
given to regarding migration as deserving of a priority for some
time to come, in relation to any expansion of International Labour
Organisation facilities in general.
10. It is the recommendation of the Permanent Migration
Committee that, in view of the topical urgency of migration at this
time, the present report receive the detailed attention of the Governing Body at its meeting in March 1948.
Declaration by the Representative of Peru
The Peruvian member submitted to the Committee the following
declaration :
The undersigned delegate of the Government of Peru,
Considering
That, on 29 December 1947, the Minister for Foreign Relations of the
Peruvian Government, Dr. Enrique Garcia Sayan, made a number of
declarations concerning European reconstruction ;
That the said declarations were made with the object of making
publicly known, inter alia, the attitude of the Peruvian Government in
relation to the migration movements which must form an essential part
in the intensification of European recovery ;
That the Inter-American Economic and Social Council of the PanAmerican Union is at present studying various proposals concerning
the all-out contribution of Latin America to European aid ;
That item 4 on the agenda of this second session of the Permanent
Migration Committee calls for " co-operation of the International Labour
Organisation in measures for the co-ordination of international responsibilities in the field of migration ' ' ;
Proposes :
1. That the Permanent Migration Committee should invite the
Governing Body of the International Labour Office to urge on the
countries concerned, at such time and in such manner as it thinks fit,
the need to co-ordinate the international efforts of Latin-American
countries able to assimilate in the immediate future the large-scale flow
of immigrants from Europe which is essential for European recovery,
taking into account :
(a) the need to transfer a large number of workers from the European
continent so that they may contribute to increasing production
in Latin America necessary for this continent to play its part in
total aid to Europe ;

APPENDICES

(b) the desirability of contributing to the achievement of an intensification of productive industry in Latin America in such a manner
that the pace of industrial development desired by those countries
may continue without prejudicing the intensification of present
production, and
' (c) the desirability that, at a later date, when the greater part of
European recovery has been completed, these workers may increase
the purchasing power of the American continent and enable it more
readily to absorb European products and thus assist in the expansion
of international trade.
2. That in addition to the necessary participation in such a
scheme of the countries of Europe and Latin America willing to take
part in the migratory movement referred to in point 1, the Governing
Body should also urge the participation in these migratory movements
of international organisations concerned in migration movements, for
the financing and execution of the movement referred to.
(Signed) PALMIRO MACCHIAVELLO.
The Steering Committee :
(a) believes that the proposal of the Peruvian member will meet
with the approval of all those interested in European recovery and
that the policy of the Peruvian Government warrants warm commendation, and in consequence recommends the Permanent Migration Committee to transmit the Peruvian resolution to the Governing
Body for consideration with the urgency indicated.
(b) recalls that it recommends in another resolution an extension
of the regional activities of the International Labour Organisation.
Proposed Resolution submitted by the Representatives
of Belgium, France and Italy
The Steering Committee recommends the Permanent Migration
Committee to adopt the following proposed resolution :
The Permanent Migration Committee of the International Labour
Organisation, convened in Geneva on 23 February 1948,
In relation to the fourth question on the agenda concerning the
co-ordination of international responsibility in the field of migration,
Considering the communication of the Italian delegate and the
Note of the International Labour Office concerning the work of the
Manpower Conference which met at Rome on 26 January 1948 within
the framework of the Committee on European Economic Co-operation,
Whereas the decision of that Conference to set up at Rome a Permanent Co-ordination Committee for European Migration Movements
in which, in addition to the countries which adhere to the Committee
for European Economic Co-operation, other European or non-European
countries and any international organisation having a direct interest in
the solution of the practical problems arising out of migration
movements, may participate,
Whereas the activities of this Committee, which have a precise
objective, relate to the solution of problems of an essentially practical
and urgent character and do not involve any overlapping with the
activities of any other international body,
Takes note of the setting up of the Rome Committee and
Expresses the wish that there shall be as close a co-operation as
possible between the International Labour Office and that Committee.
Geneva, 1 March 1948.
(Signed) V. C. PHELAN,
Chairman and Reporter

PERMANENT MIGRATION

COMMITTEE

L I S T OF MEMBERS OF THE COMMITTEE

Australia
Mr. Thomas Matthew NULTY, Assistant Chief Migration Officer,
Australia House, Strand, London, W.C.2.
Mr. Peter LAWRENCE, Migration Officer, Australia House, Strand.
London, W.C.2.
Belgium
Mr. Albert D E L P E R E E , Economic Adviser, Ministry of Labour
and Social Welfare, 2 rue Lambermont, Brussels.
Mr. René de SAEDELEER, Doctor of Law, Ministry of Labour
and Social Welfare, 2 rue Lambermont, Brussels.
Brazil
Mr. Helio LOBO, Minister Plenipotentiary, 5, rue de Beaumont,
Geneva.
Mr. Antonio HOUAISS, Consul of Brazil at Geneva (substitute),
35, quai Wilson, Geneva.
Canada
Mr. V. Cyril PHELAN, Department of Labour, Ottawa.
Col. Laval FORTIER, Associate Commissioner, Immigration
Branch, Woods Building, Ottawa, Ont.
Chile
Mr. Carlos VALENZUELA, Consul-General, Hotel Victoria, Geneva.
China
Dr. SAOFONG WOU, Substitute member of the Chinese Government on the Governing Body of the International Labour Office,
86 Riverside Drive, New York City, N.Y.
Colombia
Mr. Gabriel Giraldo JARAMILLO, Consul-General of Colombia,
29 av. de Miremont, Geneva.
Mr. Ernesto GAVIRIA, Secretary of Legation, Colombian Legation,
Berne.
Denmark
Mr. H. G. LORENTZEN, Chief of Section, Ministry of Labour and
Social Affairs, Acting-Director of Danish State Emigration
Office, Ministry of Labour, Copenhagen.

APPENDICES

Dominican

Republic

Mr. César RUBIROSA, Chargé d'affaires at Berne. Feldeggweg 8,
Legation of the Dominican Republic, Berne.
Ecuador
Mr. Alexandre GASTELÜ, Counsellor of Legation, Consul-General
in Switzerland, Permanent delegate to the International Labour
Office, 6, rue de Contamines, Geneva.
Egypt
Mr. Moin LOUTFY, Attaché to the Royal Embassy of Egypt in
Paris for social questions. Egyptian Embassy, 56 Avenue Iena,
Paris XVI*.
Finland
Mr. "Wilhelm SCHRECK, Secretary of Legation, Finnish Legation,
Berne.
France
Mr. ROSIER, Director of Manpower, Ministry of Labour, Paris.
Mr. Camille GRATTON, Assistant Chef de Cabinet, Ministry of
Labour, 31 rue Poussin, Paris XVI e .
Mr. Jacques FRÉZOULS, Assistant Director, Ministry of Labour,
Paris.
Mr. Frédéric Gaston SIMON, Administrator, Ministry of Labour,
3 rue Marié-Davy, Paris XIV e .
Mr. Jean TADDEL, Consul of France, 1, rue du Commandant Guilbaud, Paris XVI e .
Greece
Mr. Alexander EMBIRICOS-GOUMONDOUROS, Chargé de Mission
attached to the Greek Legation in Switzerland, 57 route de
Chêne, Geneva.
India
Mr. R. S. MANI, Deputy High Commissioner for India, India House,
Aldwych, London, W.C.2.
Italy
Prof. Giuseppe de MICHELIS, Ambassador, Former Chairman of
the Governing Body of the International Labour Office.
Mr. Mario TOMMASINI, Director General of Emigration, Ministry
of Foreign Affairs, Rome.
Mr. Amleto ANGELELLI, Director General of Migration and
Placing, Ministry of Labour, Rome.
Mr. Lamberto LAMBERT, Attached to the Cabinet of the Ministry
of Labour, Rome.

PERMANENT MIGRATION

COMMITTEE

New Zealand
Mr. Martin Clifton SMITH, Immigration Officer, Office of the New
Zealand High Commissioner, 415 Strand, London, W.C.2.
Netherlands
Mr. J. A. A. HARTLAND, Director, Netherlands Emigration
Foundation, The Hague.
Peru
Mr. Palmiro MACCHIAVELLO, Delegate of Immigration into
Europe, Peruvian Embassy, Via Piemonte, 39, Rome.
Poland
Mr. Mieczyslaw FLESZAR, Chief of Section, Ministry of Foreign
Affairs, Warsaw.
Portugal
Dr. Alexandre Ribeiro da CUNHA, Assistant Director General of
the National Institute of Labour, Praça do Comercio, Lisbon.
Sweden
Mr. Tage GRÖNWALL, Counsellor of Legation, Swedish Legation,
Rome.
Switzerland
Mr. Albert JOBIN, First Chief of Section (Head of the Section of
Manpower and Emigration), Berne.
Mr. Roger MERLIN, Section of Manpower and Emigration, Berne,
Briickenstram 60.
Turkey
Mr. Hasan NURELGIN, Consul-General of Turkey in Geneva.
Miss Melek BÜTÜN, Assistant to Mr. Nurelgin.
United Kingdom
Miss Margaret F. YATES, Principal Officer of Ministry of Labour
(Foreign Labour and National Service Branch), Ministry of
Labour and National Service, 8, St. James Square, London, W.l.
United States
Mr. Herman R. LANDON, Assistant Commissioner, Immigration
and Naturalization Service, 1500 Chestnut St., Philadelphia, Pa.
Mr. Louis LEVINE, United States Employment Service, U.S.
Department of Labor, Adviser, 6429-31 St. N.W. Washington, D.C.
Mr. Val R. LORWIN, Division of International Labor, Social and
Health Affairs, Dept. of State, Adviser. Washington.

APPENDICES

Uruguay
Mr. Santiago RIVAS COSTA, Consul-General in Switzerland, 1 rue
des Vollandes, Geneva.
Venezuela
Dr. José Padrón IRAZABAL, Chief of the Venezuelan Immigration
Mission in France. Economic and Financial Research, S. C. Conde
a Padre Sierra, Edificio Ayacucho, Caracas.
Dr. Enrique TEJERA, Chief of the Venezuelan Immigration Mission
in Italy, Avenida Norte, 27-1, Caracas.
Governing Body Representatives
Government group : Mr. H. ALTMAN, Director, Ministry of Labour
and Social Welfare, Warsaw (Poland).
Employers' group:
Mr. A. G. FENNEMA, Kneuterdijk 8, The
Hague (Netherlands).
Workers' group: Mr. A. E. MONK, Trades Hall, Melbourne (Australia).
International

Organisations

United Nations: Dr. W. LANGROD, Chief of Migration Service,
Social Affairs Department, United Nations Secretariat.
Mr. W. W. ROSTOW, Economic Commission for Europe.
Interim Commission of the World Health Organisation : Dr. T. GUTHE,
Medical Officer.
Preparatory Commission for the International Refugee Organisation :
Dr. G. G. KULLMANN, Chief Legal Adviser.
Col. V. M. HAMMER, Legal Adviser.
Miss Marie-Louise BARBLE, Legal Adviser.
Mr. C. C. K, GRIERSON RICKFORD, Deputy-Director of
. Resettlement.
Dr. P. JACOBSEN, Deputy Executive Secretary of the Dept.
of Repatriation and. Re-establishment.
Food and Agriculture Organisation : Mr. FONTAINE.
Expert: Mr. Doria de VASCONCELLOS (Brazil), rua Polonia
No. 500, Sao Paulo.

APPENDIX II
REPORTS SURMTTTED BY THE INTERNATIONAL LABOUR
OFFICE TO THE SECOND SESSION OF THE PERMANENT
MIGRATION COMMITTEE
I
Report on Proposals for Revision of the Migration for Employment
Convention, 1939, and the Related Recommendations
INTRODUCTION

1. The Permanent Migration Committee, before dealing with
the proposals concerning revision of the Convention and Recommendations relating to migration, may wish to review the steps
taken with respect to revision since its first session.
The Committee will recall that, at its first session (Montreal,
1946), in its resolution on the second item of its agenda, it
recommended to the Governing Body " in view of the fact that no
Government has acted upon the Migration for Employment Convention, 1939, and in view also of the changed circumstances due
to the war, that it should consult Governments on the desirability
of revising the Convention and the related Recommendations and
if possible should refer the results of the consultation to the next
session of the Permanent Migration Committee ".
The Governing Body, at its 100th session (Montreal, October
1946), authorised the Office to consult the Members of the Organisation on (i) the desirability of revising the Migration for Employment
Convention, 1939, the Migration for Employment Recommendation,
1939, and the Migration for Employment (Co-operation between
States) Recommendation, 1939 ; and (ii) the points to which they
consider the revision should apply.
This consultation was under taken by circular letter E.l 005/2/1404,
in which the views of the Governments were requested in accordance
with the instructions of the Governing Body.
During the following year, the whole problem of migration
assumed great importance, as was emphasised in a number of discussions which took place on the international level. Some of these
discussions bear more directly on the second item of the agenda of
the Permanent Migration Committee, since they refer primarily to
the framing of bilateral agreements. Only those are noted here which
are significant to consideration of the problem of revising the Convention and the Recommendations.
The Employment Committee of the Governing Body, at its March
1947 session, requested that a study be made of the conditions

PERMANENT

MIGRATION

COMMITTEE

governing the transfer of workers from one country to another and
of the movement of displaced persons and refugees. Consequently
a memorandum on this question was submitted by the Office to the
June 1947 session of the Employment Committee. 1 At this meeting,
the Employment Committee suggested that the whole question of
migration agreements be referred to the Permanent Migration Committee and that the Office note be circulated to the Members of the
International Labour Organisation. The Governing Body, at its
102nd session in June 1947, accepted the report of its Employment
Committee and authorised the Office to circulate the note. As will
be seen below, one Government has now proposed that this note be
substituted, as a basis for the Committee's discussion, for consideration of revision of the Convention and Recommendations.
The Economic and Social Council of the United Nations, at its
Fifth Session on 13 August 1947, adopted a resolution which noted
that the International Labour Organisation was considering the
revision of the Convention and Recommendations on migration, and,
in view of the urgency of the problem, requested the International
Labour Organisation to pursue its consideration of the subject and
to inform the Economic and Social Council as soon as possible of
the progress which had been made.
In consequence of these developments, the Office ventured to
send to Governments in October 1947 a further letter (E.1005/2/
1404/1) summarising the events of particular concern to the International Labour Organisation in the field of migration, and again
requesting the opinions of those Governments which had not replied
to the initial letter as to the desirability of revising the Convention
and the related Recommendations. 2
2. The majority of the Governments which have expressed their
opinions on the question of revision consider it desirable that both
the Convention and the related Recommendations should be revised.
Nine Governments (Belgium, Dominican Republic, France, Italy,
Netherlands, New Zealand, Sweden, Switzerland, United States)
have made specific proposals as to the nature of the revision. Four
Governments (China, Hungary, Norway, United Kingdom) state
that they do not favour revision of the Convention. One of these
(United Kingdom) considers that the recent developments affecting
the whole problem of migration have made desirable the re-examination of the various questions involved. It adds that the examination
should, in the first place, be undertaken not as a revision of the
Migration for Employment Convention, 1939, and the related Recommendations, the detailed provisions of which offer certain difficulties,
but with a view to the establishment of basic principles regarding
working and living conditions which should govern the organised
transfer of workers, including displaced persons and refugees, from
one country to another. The Government of Hungary, another of
those opposing revision, states that it intends to ratify the Convention as soon as possible, since the existing terms are satisfactory.
The Government of Australia points out that the Convention
covers collective migration where migrants are recruited in a body in
one country for specific employment in another, and states that
Australian migration activities do not, as a rule, embrace this form
1
2

See Annex B.
See Annex A.

APPENDICES

of migration. It considers, however, that generally the terms of the
Convention are reasonable, and in principle it favours the adoption
of a Convention along the lines suggested.
Six Governments (Afghanistan, Bulgaria, Finland, Ireland,
Poland, Turkey), while seeing no objection to a revision being undertaken, have no suggestions to make. A further group of Governments (Argentina, Brazil, Chile, Guatemala, Mexico, Venezuela),
although indicating that the question was under consideration, have
not transmitted definite views or are not directly concerned. The
Governments of Canada, India, Peru and the United Kingdom
indicated, during the discussion at the Economic and Social Council
of the United Nations, that they hoped the International Labour
Organisation would continue to examine the subject and would
inform the Council of the progress made with respect to revision
of the Convention and related Recommendations.
The following paragraphs give the views of the Governments
which have transmitted substantive replies to the circular letter of
consultation.
GENERAL CONSIDERATIONS

3. The replies of the Governments which expressed specific
opinions on the way in which the whole question should be considered
made suggestions showing different approaches to the problem.
Switzerland desires that the Convention and the first Recommendation should be redrafted to make them both more general
in scope and to ensure that they lay down general principles, designed
to facilitate the resumption of migration, which should be acceptable
to all nations concerned with migration problems. To this end, as
will be seen below in the more detailed analysis, the Government
proposes that the titles of the Convention and the Recommendations
should be broadened to read " Convention on Migration " and
" Recommendation on Migration " respectively (instead of the present
titles of "Migration for Employment Convention " and " Migration
for Employment Recommendation " ) . In elaborating this point of
view the Government proposes the elimination of all articles which are
appropriate only to certain types of migration or to those countries
having particular kinds of controls over employment. The Government then goes on to propose that the second Recommendation .
should deal in greater detail with certain aspects of the regulation of
migration and that the methods of applying these agreed principles
of migration should be determined by bilateral or multilateral
agreements between the countries directly concerned. Provision
for such agreements should be made by annexing a series of model
agreements to the Recommendation. 1 These suggestions, taken
together, presume the maintenance of the existing general framework of one Convention and two Recommendations, but imply a
substantial broadening of the scope of each instrument, along with
simplification of the obligations now included in the Convention and
the first Recommendation.
1
The provisions suggested for inclusion in such model agreements
are dealt with under Item II of the Permanent Migration Committee's
agenda.

PERMANENT MIGRATION COMMITTEE

A similar point of view is also put forward by Sweden, which
considers that the Convention should avoid too detailed regulations
and should include only a few basic obligations relating to the establishment of public information organs, providing for international
co-operation between such organs, and ensuring equal treatment
for migrant and national workers, particularly as regards unemployment insurance and other social security measures. It considers
that there should not be provisions concerning remuneration and
working conditions in the Convention.
The point of view of the United Kingdom Government is somewhat different. It considers that the formulation of basic principles
regarding working and living conditions to govern the organised
transfer of workers, including displaced persons and refugees, from
one country to another, is of fundamental importance, and proposes
an initial examination of these principles on the basis of the Office
note circulated by decision of the Governing Body on the recommendation of its Employment Committee. 1 The Government adds
that the administrative and financial arrangements, also referred to
in the Office note, might be examined too, though they would best be
dealt with by bilateral governmental agreements, and notes that
flexibility should be provided in the administrative arrangements.
The United States Government takes a view that differs from
any of the above proposals. It suggests in the first instance dividing
the Convention into a series of separate instruments to enable
individual Governments to accept one or more of the instruments
according to their own methods of dealing with migration. Under
this concept, there would be separate instruments for migration of
workers for permanent settlement and migration of workers for
temporary employment. A number of the provisions now appearing
in the Convention would be eliminated as being somewhat general
in scope and inappropriate for international obligation. Some of the
provisions now appearing in the Recommendations would be transferred to one or the other of the new Conventions in order to provide
more specific obligations for those countries which consider control
over migration for employment to be appropriate for Government
action. There would be consequential alterations in what now
constitutes the second Recommendation to provide for a series of
basic statements of the provisions which would be suitable for
incorporation into bilateral or multilateral agreements. These agreements would not constitute annexes to the Recommendation, but
would be separate instruments to be adopted as appropriate. The
Recommendation would be limited to indicating the need for provisions of a certain type which would have to vary, according to
whether the agreements covered particular industries, permanent
or temporary migrants for employment, land settlement or displaced
persons and refugees.
The Government of the Dominican Republic makes proposals
that, in some respects, go beyond any of the above suggestions. In
the first place, it suggests that a single Convention should apply
to permanent and temporary migration of all kinds, including migrant workers and land settlers. It proposes that a relatively detailed
series of obligations be included, and in addition, that the Convention
1

Cf. Annex B.

APPENDICES

should determine how international co-operation may provide for
financial assistance to the Governments receiving migrants. Finally,
it suggests that the Convention should take account of the Chapultepec agreements, and of the provisions concerning migration dealt
with in the United Nations Charter and the Constitution of the
Intergovernmental Committee on Refugees.
4. The Permanent Migration Committee will doubtless wish to
examine these divergent concepts before undertaking a closer examination of the type of provision to be included in the various instruments. It would be useful, in the first instance, to have the views
of the members of the Committee as to whether they consider revision should be undertaken, and if so, as to what general framework
they envisage for the revised instruments.
5. Once the Committee has reached a basis of agreement as
to these general problems, it will be useful to consider the specific
suggestions for the revision of the individual instruments, and,
finally, to deal with the detailed proposals in the light of such general
discussion.
6. In order to assist the Committee, at the second stage, in
giving its views on the individual instruments, the detailed
proposals made by Governments are analysed Article by Article,
within the framework of the existing texts.

SPECIFIC PROPOSALS BY GOVERNMENTS FOR REVISION
OF CONVENTION No. 66

Title and Scope
7. The different concepts as to the whole question of revision
are reflected in suggestions concerning the scope of the Convention
itself, and, in particular, concerning its title and preamble.
The Swiss Government proposes that the preamble and scope of
the Convention be broadened to cover all forms of migration.
The United States Government, in proposing that there should
be separate instruments available to Member States who wish to
provide for temporary migration of workers and for those wishing
to provide for permanent migration, suggests that the titles and
preamble of the respective Conventions should clearly indicate their
respective purposes, i.e., whether the Convention covers temporary
or permanent migration of workers.
The proposal of the Government of the Dominican Republic for
one Convention, to cover temporary and permanent migration, of
workers as well as of land settlers, would necessitate a revision of the
preamble to make this clear.
Provision of Information (Articles 1 and 2)
8. There seems to be no difference of opinion that Article 1
should in some respect be revised, but the way in which this should
be done varies in accordance with the different approaches of the
Governments to the whole question.

PERMANENT MIGRATION

COMMITTEE

The United Stales Government proposes to delete the Article
entirely, considering that it is unenforceable and that the question
of repression of propaganda or supervision over information could
not be undertaken by any Government. In its place, it proposes that
there should be a positive statement under which national authorities ensure that information regarding job opportunities is accurate.
The New Zealand Government considers, as regards paragraph
(a), that the enactment and enforcement of penalties for the repression of propaganda might be regarded as too restricted ; consequently it suggests that the word " discourage " be substituted for the
words "enact and enforce penalties for the repression of" in paragraph (a).
Switzerland considers that the existing provisions go too far,
although it does not consider that the repression of propaganda
would be difficult to enforce. On the other hand, it does not believe
that Governments could supervise in practice all forms of publicity
concerning job offers made to persons in another country, and fears
that full application of the Article as it stands would lead to unnecessary bureaucracy and tend to prevent rather than facilitate
migration. It therefore proposes that the second provision of the
Article should be deleted 1 and that the first paragraph in the first
Article calling for repression of propaganda which " is contrary to
national laws and regulations " should be revised to read " when
such propaganda may be harmful to the national interest ".
The Swedish Government agrees in general with the latter point
of view but it proposes to maintain in its entirety the text of the
first paragraph and to delete the second paragraph, in view of the
difficulty of advance supervision—which would amount to censorship—over the publicity,
9. Article 2, which deals with the undertaking to provide an
adequate information service is generally acceptable. Only the
Italian Government has made any detailed proposals with respect
to its revision, suggesting that it would be advisable to specify in
paragraph 2, subparagraph (b) that trade union bodies should be
included among the " one or more voluntary organisations " which
may supply information and give assistance to migrants.
Regulation of Recruitment and Placement (Article 3)
10. Some revision of Article 3 is called for by all the Governments who made suggestions. This Article, which contains a number
of definitions and the basic general obligations with regard to recruitment, introduction and placing of migrant workers, clearly
needs to be re-examined with great care.
The United States Government suggests, in the first place, that
the categories to be excluded, defined in Article 8, should be combined
with the definitions appearing in Article 3. This redrafting, which
was carried out in the Recommendation, consists only of a rearrangement of Articles raising no basic issue. On the other hand,
the Government also proposed the transfer to this Article of Para» See Article 1 (b).

APPENDICES

graphs 5 (2) and 7 (2) from Recommendation No. 61. Paragraph 5 (2)
concerns the duty oi the country of immigration to ascertain, before
authorising the introduction of migrants for employment, whether
there is not a sufficient number of capable persons already available
to do the work in question. This provision obviously is one of great
interest to national workers, but, as at the same time it tends to
restrict immigration, consideration would have to be given as to
whether it is appropriate for a Convention rather than a Recommendation. Paragraph 7 (2) concerns the form of the documents
which must be required concerning the employer, the nature and
scope of the recruitment and the employment offered. The transfer
of this provision to the Convention would clearly substantially
increase the obligation placed on Governments.
The Belgian Government desires that, in the list of bodies permitted to carry out the operations enumerated in paragraph 1,
mention should be made of fee-charging employment agencies with
a view to profit, in view of the fact that Relgian legislation
authorises them to carry out these activities and taking into consideration the proposal to revise Convention No. 34 concerning feecharging employment agencies. The latter might be provisionally
authorised to undertake the operations, and a period, the length
to be specified by the competent authority,. might be fixed for
the abolition of their activity in this field. On the other hand, it
might be possible to provide special supervision of their activities.
The Government adds that this category would include certain
shipping agencies which are authorised to recruit and transport
migrants.
The Italian Government considers that with respect to paragraph 1, subparagraph (c) of Article 3, placing should be defined
as operations for the purpose of obtaining employment for workers ", rather than " operations for the purpose of supplying an
employer with the labour of . . . " . It also wishes to eliminate subparagraphs (d) and (e) of paragraph 2 on the ground that only official agencies should be authorised to work in this field. With respect
to paragraph 3, the Italian Government wishes to substitute the
word " permission " for the word " right ".
The Netherlands Government, like the Italian Government, and
on the same ground, also desires that subparagraphs (d) and (e)
of paragraph 2 should be eliminated.
The New Zealand Government considers that Article 3 as it
stands at present calls for too complicated an administrative
procedure for the engagement of an individual migrant for employment. Consequently, it proposes that Article 3 should be recast to
make it apply to organised immigration activities only and to exclude
the recruitment of individual migrants for employment except where
the supervision called for under Article 1 reveals some cause for
Government intervention.
Ry contrast, the Swiss Government raises the objection that the
whole Article maybe more harmful than useful because it goes into more
detail than may be essential, and because it may have the effect
of limiting the freedom of operation of private agencies in the field
of migration. The Government considers that the Convention
should be limited to those obligations which are essential and should
not attempt to oblige States to regulate detailed questions of an

PERMANENT MIGRATION COMMITTEE

administrative nature, which might tend to lessen rather than
facilitate migratory movements. It proposes, therefore, that the
whole Article should be deleted and that States should be invited,
under the Recommendation, to take whatever measures are necessary
for preventing abuses brought about by private agencies and for
avoiding any operations which might prejudice the national interest.
Even in the Recommendation the Government wishes care to be
taken that restrictions should not be placed on private initiative. It
proposes that the specific measures to be taken should be left entirely
to States which should, by means of bilateral agreements, indicate
such measures.
The Swedish Government, while accepting the Article in general,
wishes it to be clearly stated that fee-charging employment offices,
whether or not they are profit-making, should be permitted, provided
they are in conformity with the existing Convention on this subject.
Contracts of Employment (Article 4)
11. The revisions proposed for Article 4 vary in accordance with
the general conception outlined above.
The United States Government proposes that the Article be made
somewhat more detailed, as for example, that provision be made in
paragraph 2 for the worker to receive a copy of the contract of employment ; that paragraph 3 be broadened to include particulars
regarding types of employment, minimum wages, and such specific
wage deductions as the cost of food and housing, tax deductions,
etc., and that the phrase " not due to the fault of the migrant " be
deleted wherever it appears. The Government also suggests that a
definition of temporary employment should be added to Article 4
and that such a definition should include a reference to a period of
time consistent with the travel time required to reach the place of
employment, and that the duration of employment should be related
to the continuing need for the employment of migrant workers
rather than to a specified period of time. The Government adds,
however, that provision should be made for a guaranteed period of
employment. It also proposes, as will be seen below, to combine
with Article 4 the guarantees given by Governments under Article 6.
With respect to paragraph 1, the Italian Government considers
that it is important to require the issue of a contract of employment
duly visaed and examined by public authorities, and delivered before
the departure of the worker.
It also considers that the following specifications should be added
to the clauses to be included in a contract of employment, listed in
paragraph 3 : occupational qualifications, hours of work (normal,
overtime, public holidays), conditions of remuneration (date from
which payments are made, payment of remuneration, amount of
remuneration, piece rates, procedure for complaints, special benefits,
breaks in work, increases), holidays (usual and exceptional holidays),
causes for denunciation of contract, insurances, family allowances,
disputes.
The Netherlands Government, with respect to the same paragraph,
proposes that there should be a specification concerning the amount
of remuneration, expressed in the currency of the country of destination.

APPENDICES

Switzerland considers that the whole Article should be deleted
from the Convention since it deals only with those States which
maintain a system of supervision over contracts of employment. In
consequence of the Swiss proposal that the Convention should be
broadened to include all migration and should be restricted to those
principles which all States could accept, the Government considers
that detailed provisions for the supervision of contracts of employment should not be included in the Convention. At the most, it
considers that these provisions might appear as a suggestion in the
first Recommendation.
Sweden takes the view that as the Article is limited to States
which have a system of control over contracts of employment, there
is no objection to maintaining it in the Convention.
Payment of Repatriation Costs (Article 5)
12. The same difference of opinion is apparent with respect to
Article 5.
The United States Government supports the Article as it stands,
but proposes to strengthen it by deleting the phrase "for a reason
for which he is not responsible" so that the cost of repatriation, etc.,
would never fall upon the worker.
The Belgian Government proposes to insert in Article 5 the
formula appearing in Article 4, paragraph 3, subparagraph (c) (iii),
to provide that the cost of the return of the members of the migrant's
family should only be covered if they had been authorised under the
contract of employment to accompany the migrant worker or to
join him in the country of immigration.
The French Government, while recognising that it would be desirable to grant to foreign workers and members of their families the
guarantee set forth in Article 5, believes that in view of present-day
conditions of recruitment abroad, and, in particular, of the inadequacy of occupational selection which is not yet capable of eliminating all possibilities of error, it is impossible to give such a guarantee
at present. The Government is of the opinion that some progress
might be achieved by the collaboration of an international agency,
which could provide effective assistance in establishing international
standards for the assessment of the occupational qualifications of the
workers ; moreover, it would be desirable for an international agency
to give financial aid by providing credits for countries requesting
foreign workers.
The Italian Government considers that under the circumstances
provided for in Article 5, there should not only be reimbursement of
the expenses, but also payment of an appropriate indemnity to the
worker.
The Government of New Zealand fears that the Article may
be abused by certain immigrants, and proposes that payment
of return fares should only be granted in those cases where the
immigrant will suffer hardship by remaining in the country to which
he has been brought.
The Netherlands Government proposes a new draft for Article 5
as follows : " Each Member which ratifies this Convention undertakes to further as far as possible measures to ensure that, if a

PERMANENT MIGRATION

COMMITTEE

migrant introduced into its territory fails, for a reason for which he
is not responsible, to secure the employment for which he has been
recruited, or an equivalent employment, the cost of his return and
that of the members of his family, including administrative fees,
transport charges, and charges for the transport of household
belongings, does not fall upon the migrant ".
The Swiss Government considers the provision " dangerous
in practice " on the ground that it would tend to make migrant
workers dependent upon the assistance of public authorities, instead
of encouraging them to find their own means of existence in the
country of immigration. In particular, the Government sees no
reason why the State should always bear the cost of the return expenses of the migrants, and considers in general that the question
of financial responsibility should be determined by each State or,
when migration takes place in consequence of bilateral agreements,
by the Governments concerned. It therefore proposes that the provision be eliminated both from the Convention and the Recommendation, although suggesting that it might be appropriate in a model
bilateral agreement.
Sweden supports the provision as it stands and considers it
reasonable that the country of immigration should be responsible
for ensuring that the employer carries out his financial responsibility.
Equality of Treatment (Article 6)
13. Article 6 in general meets with approval although some
changes in form are proposed.
The United States Government suggests, as indicated above, that
it should be combined for purposes of clarity with Article 4 so that
the guarantees given by employers and the guarantees given by
Governments should form part of a single Article. However, the
Government proposes the deletion of the second paragraph of the
Article dealing with the provision of equality of treatment on the
basis of reciprocity, considering that, as migration will be based upon
international understandings or exchanges of notes, the guarantees
between Governments will be provided in this form.
With respect to subparagraph (a) of paragraph 1, the Italian
Government wishes the principle of equality of treatment to be made
more categorical and the advantages provided either under social
legislation or under collective agreements to be extended to all
categories of workers. The Government also considers that in subparagraph (c) provision should be made not only for legal proceedings
relating to contracts of employment, but also relating to other kinds
of contracts, including contracts of association, in accordance with
which services are rendered by one of the contracting parties.
The Government of the Netherlands proposes to substitute for
paragraph 1 the following text : " Each Member which ratifies this
Convention undertakes that it will apply to foreigners treatment no
less favourable than that which it applies to its own nationals,
with the exception of requirements concerning registration with the
police and the issue of a work permit for foreigners."
The Swiss Government suggests that the Article be maintained
without change.

APPENDICES

The Swedish Government proposes to clarify the term " conditions
of work " to ensure that it does not cover the conditions for work
permits, and to eliminate the provision on legal proceedings relating
to contracts of employment, which it considers to be a matter of
national law and not appropriate for the Convention.
Customs Exemptions (Article 7)
14. Various Governments suggest that Article 7 should be revised
or eliminated.
The United States, while willing to maintain the first paragraph,
wishes to delete the second paragraph as being more suitable to
bilateral agreements.
Switzerland proposes to eliminate the whole Article and recommends that the bilateral agreements should contain provisions on this
question.
Sweden considers that the Article is superfluous as these matters
are already dealt with under national legislation.
Exclusions from Scope (Article 8)
15. Article 8, which refers to definition of scope, is directly
related to Article 3, and there is general agreement that it needs to
be revised to make it more positive.
As was pointed out above, the United States Government recommends that Article 8 be combined with Article 3.
With respect to subparagraph (b), the Italian Government
suggests that the Convention should not apply to frontier workers
except in so far as it deals with provisions for contracts of employment, insurance, transfer of funds and the application of social
legislation.
The Netherlands Government wishes to have a fifth subparagraph
(e) added, to provide that the Convention will also not apply to
artistes and musicians, since such persons are obliged, in following
their profession, to move continually from one country to another,
just as are the seamen specified in subparagraph (c).
While not objecting to the provision, Switzerland considers that,
as it is negative in character, it should be combined with a more
positive definition of the scope of the Convention.
Standard Articles (Articles 9-14)
16. Proposals concerning Articles 9 to 14 deal with terminology
and standard provisions.
The United States Government calls attention to the need to
modify these Articles in accordance with the amendments to the
Constitution.
The Italian Government points out that it is necessary to modify
the drafting of Article 9. It considers that Article 10 should be
formulated so as to permit the more rapid coming into force of the

PERMANENT MIGRATION COMMITTEE

Convention, having regard to the importance it may have for migration. With respect to Article 13 it considers that if a certain number
of Members which have ratified the Convention request revision,
this should be envisaged before the end of the period of 10 years, in
view of the resumption of migration and its probable development
in a field so largely influenced by economic and social factors.
The Netherlands Governments expresses the opinion that it
would be undesirable for two Conventions regulating the same
question to be in force at the same time, and consequently suggests
the elimination of paragraph 2 of Article 14.
The Swiss Government suggests the reduction from 10 to 5 years
of the denunciation period fixed by Article 11 and the period after
which a report should be made on the working of the Convention,
as laid down in Article 13.
17. A number of additional proposals have been made for
strengthening or broadening the Convention.
Measures for Facilitating

Migration

18. The Swiss Government proposes that the Convention should
contain some general provisions under which States agree to take
measures which would facilitate migration at departure, in transit
and on arrival, in particular through simplifying and accelerating
as far as possible, administrative formalities and in providing other
appropriate facilities. It adds that concrete proposals on this matter
should be included in the Recommendations.
Measures for the Protection of Migrants
19. The Swiss Government proposes that the Convention
should include a statement of general principles under which States
agree to take measures concerning the protection of migrants, particularly on board ship. It then proposes that these measures should
be elaborated concretely in the Recommendations.
Information for Migrants
20. The Swiss Government suggests that, in addition to the
provision included in Article 2 of the Convention, which, as indicated
above, it proposes to maintain, the Convention itself should provide
for the exchange of information on national legislation concerning
emigration and immigration, conditions applicable to foreigners, the
policies which States propose to apply with respect to immigration
and emigration and, in particular, indications concerning any planned
immigration projects, the organisation of recruitment of foreign
workers, the categories of immigrants desired and measures designed
to facilitate the settlement of foreigners.
Technical Selection and Training of Migrants
21. The Swiss Government suggests that the Convention should
affirm, in general terms, the principles set forth in the resolution
adopted by the Permanent Migration Committee at its First Session.

APPENDICES

The provisions in the Convention on this subject, however, should
be limited to general rules, leaving to States the responsibility of
providing the measures for application in the bilateral agreements.
More detailed provisions might be included in the model bilateral
agreements.
Equality of Treatment and Restrictions on Employment
22. Two Governments make proposals concerning equality of
treatment, but they view the problem somewhat differently.
The United States Government proposes that the provisions
appearing in Paragraphs 11 and 12 of Recommendation.No. 61,
concerning equality of treatment for nationals and foreigners, should
be incorporated in the Convention. It also proposes a drafting
change that wherever the term " foreigner " is used the word " nonnational " be substituted.
The Swiss Government, which makes no suggestions for altering
the existing provisions concerning equality of treatment in the
Convention, proposes, as will be seen below, that Paragraphs 12 to
14 of the Recommendation should be eliminated considering that
an international instrument should not sanction restrictions on the
employment of foreigners.
Administrative

Provisions

23. Two Governments also make proposals for increased administrative provisions, although of a somewhat different nature.
The United States Government proposes that administrative
machinery be provided in the Convention, particularly in connection
with the execution of contracts of employment, to assure the enforcement of contractual obligations by means of an adequate system
of public inspection and supervision, or requirements for the maintenance of records, and suitable penalties for breaches of relevant
laws and regulations.
The Swiss Government, in line with its general point of view,
makes a more general suggestion proposing that the Convention itself
should provide that the Permanent Migration Committee would be
responsible for examining periodically information concerning the
application of the Convention (as well as of the Recommendations)
by the accepting States. The Permanent Migration Committee
should also be responsible for proposing, in case of need, any modification which it considers would be useful either to the Convention
or the Recommendation, taking into consideration the experience
acquired and future developments with respect to migration.

SPECIFIC PROPOSALS BY GOVERNMENTS FOR REVISION
OF RECOMMENDATION N O . 61

24. The suggestions made for revising Recommendation No. 61
reflect the varying points of view already summarised with respect
to the Convention. The proposals concerning the individual Paragraphs will necessarily have to be examined in the light of the views

PERMANENT MIGRATION COMMITTEE

of the members of the Permanent Migration Committee as to the
general structure of the Recommendation, and of their views concerning revision of the Convention.
Title and Scope
25. As in the case of the Convention, Switzerland desires that
the scope of the Recommendation should be enlarged to cover all
types of migration, and that, consequently, the citation (short
title) should be altered to read " Recommendation concerning
Migration " rather than " Migration for Employment Recommendation ".
Definitions (Part I, Paragraph 1)
26. The first subparagraph, which contains a series of definitions,
uses the same terms as the similar paragraph appearing in the Convention. Consequently, the views concerning it are related to the
suggestions already considered under the Convention.
The Italian Government puts forward the same suggestion as
it did with respect to subparagraph (c), paragraph 1, of Article 3
of the Convention, while the Swiss Government proposes to eliminate
the Paragraph on the ground that definitions of the operation of
recruitment, introduction and placing should not form part of international regulations but should be left either to individual countries
or to bilateral agreements.
27. The second subparagraph, which contains the same negative
definition of scope by excluding certain types of migration as under
Article 8 of the Convention, gives rise to the same comment—that
• it should be made more positive.
The Italian Government also proposes to amend subparagraph 2
(b) in the same way as it had suggested that subparagraph (b) of
Article 8 of the Convention be amended.
Provision of Information (Part II, Paragraphs 2-4)
28. Two suggestions are made concerning the Paragraphs relating to the supply of information, one tending to limit requirements
under certain conditions, and the other, to extend the detail, but the
general provisions of the Paragraphs are apparently acceptable.
The United States Government suggests that where migration is for
a temporary period, it might be possible to supply more limited
information than that called for under 2 (a) and 2 (b).
The Swiss Government suggests that the information might be
made more complete, along the lines of the suggestions put forward
in the resolution adopted by the Permanent Migration Committee
at its First Session.
Control over Recruitment and Recruiting Agencies
(Part III, Paragraphs 5-10)
29. Paragraph 5, which deals with measures for controlling the
recruitment and introduction of migrants, is viewed from different
angles.

APPENDICES

The United States Government while approving the Paragraph
in general, proposes, as has been indicated above, that the requirement that the country of immigration ascertain the real need for
migrants before authorising their introduction should be transferred
from the Recommendation to the Convention.
In view of the very great importance of the whole Paragraph
the Italian Government proposes that it should, with its subparagraphs, be transferred to the Convention.
The Swiss Government wishes to delete the Paragraph entirely
considering that the requirement of advance endorsement of applications for recruitment and introduction by the State might tend to
obstruct immigration. Moreover, it considers that the provision
making the endorsement depend on the national employment market
tends towards autarky and should not be included in an international
Recommendation.
30. In regard to Paragraph 6, the Italian Government considers
that the two subparagraphs should be transferred to the Convention.
31. The first subparagraph, which concerns the methods of
authorising recruitment, is objected to by the Swiss Government
on the same ground as the previous paragraph.
32. The second subparagraph, concerning guarantees to be
given by recruiting agencies, is similarly objected to by the Swiss
Government, while the United States Government proposes that it be
amended to ensure that it does not give to temporary migrant
workers advantages which are not enjoyed by national workers
employed in the same occupations and industries.
33. The first subparagraph of Paragraph 7, which requires an
intermediary to have a written document proving that he acts for an
employer, gives rise to the same comments as on Paragraph 5 above,
the United States proposing its transfer to the Convention, and
Switzerland its deletion. The latter would also delete the second
subparagraph, on which the former makes no comment. The Italian
Government proposes to delete the whole of Paragraph 7.
34. Paragraph 8, dealing with the methods of regulating the
cost of recruitment gives rise to comments by only two Governments.
Italy considers that, it is important to obtain recognition of the
principle that the expenses arising from the transfer of a worker
should not be borne by him, and proposes to move the whole Paragraph to the Convention, placing it between Articles 6 and 7. Switzerland proposes that the general principle be transferred to the
second Recommendation, considering that the details are more
appropriate for inclusion in bilateral agreements.
35. Paragraph 9, concerning the examination of intending
migrants, gives rise, as in the case of Paragraph 8, to only to
two suggestions.
The Italian Government comments that, on a close examination
of the first subparagraph, the second subparagraph appears to be
superfluous. In any case, it considers that the whole of Paragraph 9
should be replaced by a text laying down the principle of joint
technical committees.
5

PERMANENT MIGRATION COMMITTEE

The Swiss Government considers that the Paragraph is more
suitable for bilateral agreements, and should therefore be deleted
from the Recommendation.
36. With respect to subparagraph (1) of Paragraph 10, the Belgian
Government considers that it is not possible to envisage the simplification of the present administrative formalities with respect to
entry into and residence of families in Belgium, nor of a reduction in
payments required for entering and residing in the country. With
respect to subparagraph (2), the Government wishes the facilities
granted to be limited to the wife, minor children and, where appropriate, to direct descendants dependent upon the migrant. The
Swiss Government considers that the whole question should be
determined by national legislation or by bilateral agreements and
that the provisions are inappropriate for a Recommendation.
On the other hand, the Italian Government considers that the
Paragraph as a whole is of prime importance and therefore proposes
either that it should be inserted in the Convention before Article 7
or that it should be amanded so as to give the same benefits to the
family of a transferred worker as those accorded to the head of a
family.
The United States Government partially agrees with this point
of view and proposes that there should be a general Paragraph to
deal with families of migrants emigrating for purposes of employment and proposing to take up permanent residence, and that provision for temporary migration should be included in bilateral
agreements.
Equality of Treatment and Admission to Employment
(Part IV, Paragraphs 11 and 12)
37. No objections are made to Paragraph 11, which states the
general principle of equality of treatment as between nationals and
foreigners ; but the United States Government considers that the
provision, as indicated above, should be incorporated in the Convention.
38. Divergent views are expressed with regard to the provisions
in Paragraph 12, concerning the admission of foreigners to employment.
The Belgian Government comments, with respect to subparagraph (1), that foreign workers have a tendency to leave the occupation for which they have been recruited in order to choose another
where they often compete with national workers. The Government
considers that this practice cannot be tolerated, and that, moreover,
members of the family should not be admitted to employment unless
they have been recruited for this purpose or obtain a special
authorisation. With respect to subparagraph (2), the Government is of the opinion that the period provided should be extended to ten years, and that, even then, the country of immigration
should be able to direct foreign workers to categories of occupations
selected according to the needs of the economy and condition of
the employment market. Moreover, it considers that the recommendations contained in these two subparagraphs can only be applied
by means of bilateral agreements with the countries whose citizens
it is desired to attract.

APPENDICES

The French Government also considers that the period of five
years provided in Article 12 is too short, and would like it to be not
less than thirteen years, the period at present stipulated in French
legislation (Ordinance of 2 November 1945). It also considers that
it would be difficult to waive immediately all restrictions with respect to the family and children of an age to work.
The Swiss Government considers that the whole of the Paragraph should be deleted as being contrary to national legislation
in a great many States, or at most included in bilateral agreements.
The United States Government considers that it should be incorporated in the Convention, pointing out that the provisions are
applicable to permanent migration only.
Provisions concerning Social Security (Paragraph 13)
39. The provisions with regard to social insurance, contained in
Paragraph 13, give rise to observations concerning the general
framework of the Convention and Recommendations.
The Swiss Government considers that their application will
depend upon national legislation, financial and other related conditions, and that therefore the whole problem might be more properly
considered in connection with bilateral agreements.
The United States Government proposes that the question should
be made the subject of a separate Convention.
Provisions relating to Supervision (Paragraph 14)
40. This Paragraph, which proposes that special arrangements
should be made to supervise conditions of employment, gives rise
to opposing views.
The Italian Government wishes the paragraph to be transferred
to the Convention and to have included in it the possibility of an
emigration country collaborating, through appropriate agents,
with the local authorities for the supervision of the conditions of
employment and of the assistance given to migrant workers.
The Swiss Government considers that special arrangements to
protect foreigners are Utopian and therefore should be eliminated.
The United States Government, as noted above, considers that
the Paragraph should be transferred to the Convention so as to give
it a more binding character.
Conditions applicable to Deportation or Repatriation
(Part V, Paragraph 15)
41. The conditions to be met in case of deportation of foreign
employed persons, because of lack of means as set forth in Paragraph
15, again give rise to divergent views, particularly with regard to
their application.
The Italian Government proposes that the Paragraph as a whole
should be moved to the Convention.

PERMANENT MIGRATION

COMMITTEE

Subparagraph (1), which provides that a migrant or members of
his family, who cannot support himself owing to lack of means or the
state of the employment market, shall not be removed unless there is
an agreement between the country of immigration and of origin, is
accepted by the Swiss Government, while the United States Government proposes that it should be made the basis of a separate Convention, and that at the same time provision be made for more detailed
information concerning methods of administration, as noted below.
Subparagraph (2), which elaborates the steps to be taken by a
State in case it feels obliged to remove such persons, is objected
to by the Swiss Government as going into too great detail, while
the United States Government proposes that these provisions should
be incorporated into a separate Convention, with an indication that
the provisions applicable to temporary migrants should be made the
basis for bilateral agreements.
With respect to subparagraph (1), the Belgian Government
considers that, at a time when the employment market is saturated
with national workers, there could be no question of retaining foreign
workers for whom there would be no possibility of employment.
With respect to subparagraph (2) (d) the Government makes the
same observation as with respect to Article 5 of the Convention.
In regard to subparagraph (2), the French Government considers
that the arguments set forth concerning Paragraph 12 are equally
valid in the present case, and that it is impossible to lower to five
years the period of thirteen years at present stipulated in French
legislation for the issue to foreign workers of a card permitting them
to undertake an occupation of their own choice.
Provisions affecting Returned Migrants (Paragraph 16)
42. Two comments are made concerning the provisions for
facilities to be granted to migrants who return to their country of
origin.
The Italian Government proposes that this Paragraph should
be moved to the Convention, while the Swiss Government proposes
that the Paragraph should be formulated in more flexible terms
so as to make it more compatible with the national legislation of
various countries, but in any case to protect the migrants as far as
possible against any discriminatory treatment arising from their
stay abroad.
Measures to Facilitate

Migration

43. The Swiss Government suggests that some of the detailed
provisions, envisaged in the Convention and outlined in somewhat
greater detail in the resolution adopted by the Permanent Migration Committee at its First Session, should be added to the Recommendation.
These might include, for example, administrative
facilities, housing, provision of appropriate food and clothing, access
to schools in the country of immigration, recognition of educational
certificates and degrees from the country of origin, and arrangements
for the transfer of capital and of earnings. States accepting the
Recommendation might then complete these measures in bilateral
or multilateral agreements.

APPENDICES

Measures for Protection of Migrants
44. The. Swiss Government suggests that the Recommendation
should provide, in general terms, measures for avoiding abuses arising from recruitment, introduction and placing operations undertaken by private agencies ; for protecting migrants during their
journey ; and for enabling migrants to have the same rights as
nationals in the immigration country either as against their employers, or public authorities or other persons. The detailed application of such measures would be left to national legislation and bilateral agreements.
Technical Selection and Training of Migrants
45. The Swiss Government suggests that the proposal, noted
above, for providing for technical selection and training, within
the framework of the Convention, should be supplemented in the
Recommendation, account being taken of any proposals adopted
in the discussion on Item III of the agenda.

SPECIFIC PROPOSALS BY GOVERNMENTS FOR REVISION
OF RECOMMENDATION N O . 62

46. The suggestions made for revising Recommendation No. 62
are directly related to the proposals made, under Item II ol the
agenda of the Permanent Migration Committee, for points to be
included in model bilateral or multilateral agreements. They also
reflect the points of view described above concerning the Convention
and Recommendation No. 61. In general, the Governments are in
agreement that the Recommendation should consist of a statement
of principles to be included in greater detail in the model agreements,
and that these agreements should have some direct relation to the
Recommendation, either by incorporating them in the Recommendation itself or by attaching them as annexes, or by recommending
their negotiation as separate instruments. The Italian Government
considers that it would be advisable to add certain points to the
text of the Recommendation (e.g., vocational training), which should
be regulated by collaboration between States, and to transform the
whole Recommendation into a Convention.
Title and Scope
47. There is general agreement that the Recommendation
should be enlarged to include more diverse forms of co-operation
and administrative arrangements than are at present envisaged.
The Swiss Government suggests, as in the case of the Convention
and the first Recommendation, that the title be altered from " Migration for Employment (Co-operation between States) Recommendations " to " Recommendation on Migration (Co-operation between
States) ". It then specifies a series of additional provisions that might

P E R M A N E N T MIGRATION

COMMITTEE

be included in the Recommendation, which it considers to be of
particular importance from the point of view of bilateral agreements.
The Recommendation should provide for separate model agreements
to cover migration for settlement, permanent migration for employment and temporary migration for employment.
The United States Government suggests that the proposed forms
of co-operation to be recommended should apply to migrants moving
for temporary and permanent employment or resettlement, and in
addition that provision be made for separate bilateral or multilateral agreements applying to specialised types of employment,
which should include provisions peculiar to the industries in which
it is proposed to employ migrants.
Measures for Facilitating

Migration

48. The suggestions for facilitating migration reflect the divergence of views already noted. The Swiss Government proposes to
transfer to the second Recommendation, which is based on the
concept of bilateral agreements, the various detailed proposals
concerning costs of migration and special facilities for migrants and
their families which it proposes to eliminate from the Convention
and the more general Recommendation, while the United States
Government proposes to delete the suggestions on this subject from
the second Recommendation, having suggested that they should be
incorporated in the Convention.
Methods of Organising and Supervising Recruitment and Placement
49. There is agreement that the existing provisions (Paragraph
(1) (d)) indicating that bilateral agreements should specify the
methods of recruitment, introduction and placing of migrants for
employment should be included in the Recommendation.
The United States Government considers that the statement of
methods should be different for each bilateral or multilateral agreement, in order to take account of different conditions.
The Swiss Government also points out that the model agreements
would contain more detailed suggestions on the subject, and proposes
that a number of the provisions which it considers undesirable
for inclusion in the Convention (Article 3) and in the first Recommendation (Paragraphs 5 (1), 6 (1) and (2), 7 (1) and (2), 8 (1) and
(2), and 9 (1), (2) and (3)) should be noted in the second Recommendation as suitable for the model agreements.
Measures for Protecting Migrants
50. It is agreed that the Recommendation should contain a
number of measures designed to protect migrants, including the provisions in the existing text concerning certificates to be issued and
recognition of validity of papers (1 (cj), methods of preventing separation of families, etc. (1 (e)) and guarantees concerning recruitment
for undertakings in non-metropolitan territories (1 (h)).

APPENDICES

51. There is, however, some divergence of views äs to the
necessity for additional measures of protection to be included in
the second Recommendation.
The United States Government proposes to eliminate those
provisions (1 (a), (b), (g) and (i)) which restate principles agreed
to under the Convention and first Recommendation.
The Swiss Government proposes to include the provisions concerning contracts of employment (Article 4 of the Convention), which
it considers should be deleted from the Convention.
52. Related to the problem of protection is that of equality of
treatment of migrants, and in particular provisions concerning
admission to employment and social insurance arrangements.
The Swiss Government suggests that by means of bilateral agreements, as provided for in the Recommendation, some of the measures,
such as those which it proposes to delete from the first Recommendation (Paragraph 12 (1) and (2)), and those covering social insurance,
might be covered.
53. The question of technical selection and training should also
be provided for as suitable for treatment in bilateral treaties.
Administrative

Procedures

54. While there is agreement that definite provision should be
made for the regulation of certain questions of procedure, including
standards for the application of the terms outlined in the Recommendation, the provisions contained in Paragraph 2 of the existing
text do not meet with complete approval.
The United States Government suggests that there should be a
clause providing for such other procedures (including an impartial
appeals machinery which will be available to employers and migrants) as may be required to carry out the provisions of the Migration for Employment Convention and consistent with the principles
set forth in Recommendation No. 61.
The Swiss Government emphasises the importance of bilateral
technical committees to assure the application of the bilateral
agreements. These committees should foster the closest possible
relations between the competent administrations of the contracting
States. They should be small in size, meet regularly, and have a
purely consultative function. At first they should ensure exchange
of information. Later, they should be made responsible for supervising the application of the agreements, recommending solutions in
case of dispute, and making any modifications that prove desirable
in the texts of the agreements.

CONCLUSIONS

55. The above survey of the replies of Governments to the
consultation undertaken by the Office is submitted to the Permanent
Migration Committee, so that the members may be informed of the
situation as it appears in the light of these replies. It is clear that
the majority of the Governments which have replied consider that

PERMANENT MIGRATION COMMITTEE

revision should be undertaken, but the approach to the problem
varies considerably from country to country. As a result of this
divergence of views it seems desirable for the Committee to reexamine the general principles that should govern migration.
56. In order to assist the Committee in considering these
proposals, the Office has prepared the attached list of points which
it suggests that the Committee might take as the basis for its discussion. The questions suggested for the consideration of the Committee have been divided, for convenience of discussion, into a number of parts and a short explanation of this division and of some of the
individual points may be useful to guide the Committee's work.
57. The first part, which could serve as a basis for a general
exchange of views, presents three major concepts which emerge from
the replies of the Governments concerning the framework within
which to place international proposals on migration. As a number
of Governments which are represented on the Committee have not
indicated their views on the question, it would appear particularly
desirable for the Committee as a whole to know the opinions of its
members on these underlying problems before it decides whether or
not to examine the more specific questions involved in the revision
of the Convention and Recommendations. In case the Committee
should decide not to proceed with a detailed examination of the
methods for revising the existing Convention and Recommendations,
as suggested under fe^ and (b) of question 1, it might consider whether
it wishes to examine more fully the suggestions put forward in Document EC 102/D.4. 1 , as proposed under (c) of question 1. Question 2
is drafted so as to permit the Committee to give consideration to this
suggestion as an alternative to the revision of the existing Convention
and Recommendations. If the Committee decides, however, to
undertake the detailed examination of the revision as proposed by
the majority of Governments which have sent in their comments,
it would then proceed to an examination of the balance of the proposed basis for discussion.
58. The second part of the suggested basis of discussion deals
with the specific issues which will need to be considered in connection
with any revision of the existing Convention No. 66. Two alternative
suggestions have been made, one to maintain a single Convention
but to revise it so as to make it more generally applicable than at
present and to widen its scope ; and the other to formulate a series
of separate Conventions of limited and varied coverage. These
alternatives are presented to the Committee under questions 3,
and 4 respectively.
59. On the assumption that the Committee will prefer to begin
by examining the possibility of formulating a single comprehensive
instrument, question 3 has been framed so as to permit the Committee
to consider first the aims and purposes of the Convention ; secondly,
its scope ; thirdly, the general nature of its provisions ; and fourthly,
the points which might be included in the text. Some explanation
might be useful concerning these points and the order of their presentation. The list has been drawn up to include primarily suggestions put forward by Governments in reply io the consultation, with,
1

See Annex B.

APPENDICES

in addition, some points that are based upon existing national
practice, and, in particular, those which are included in recent bilateral migration agreements. As far as possible, the order follows
that of the existing Convention, but the longer list has made some
modifications necessary.
Points (i) to (iii) deal with exchange of information between
Governments on migration policies generally, as well as the provision
of accurate information to migrants concerning the conditions of
employment which they may expect in the country of immigration.
The provision in the existing Convention dealing with the repression
of misleading information or propaganda is maintained although, as
may be seen in the analysis of Government replies, it is suggested
the Committee may wish to consider its deletion from the Convention, and to relate the whole problem of control of advertisements
and similar communications to the provision of accurate information
on employment possibilities for migrants.
Point (iv), relating to methods of recruitment, introduction and
placing of migrants, is taken over from the existing Convention and
should be examined in the light of the Government replies, particularly with respect to the role of private agencies, and the nature of
any supervision that may be suggested as a general principle.
Points (v), (vi) and (vii), which concern the means of facilitating,
by administrative measures, the actual movement of the migrants,
the type of measures needed to protect them during their transfer,
and the payment of travel expenses, are only partially dealt with in
the existing Convention. The importance of these matters is indicated
in some of the replies of the Governments, and the urgent need for
establishing some principles on this question has been emphasised
in the negotiation of bilateral agreements. Point (viii) is related to
these questions as it deals with repatriation problems which, like
the former group of questions, have been receiving widespread
consideration in connection with recent negotiations.
Point (ix), which concerns the basic principle of providing
equality of treatment for migrants, is a problem which the Committee
will doubtless wish to examine in some detail. The principle already
exists in the Convention but it has been suggested that its drafting
needs clarification and that the developments since 1939 indicate
there may be advantages in specifying more fully the way in which
such principles may be applied.
Point (x), which is designed to give rise to a discussion of the
principle of contracts of employment, is taken over from the existing
Convention where the provision is limited to those countries which
maintain systems of supervision over contracts of employment for
migrants. The Committee will doubtless wish, in the light of its
discussion as to the general framework of the Convention, to consider
whether or not to maintain this provision at least in general terms,
and to indicate which of the more detailed aspects of the problem
may be referred to a Recommendation or to bilateral agreements.
The question of customs exemptions and related provisions,
appearing as point (xi), is also taken over from the existing Convention ; the Committee should consider if it wishes this point to be
included in the revised Convention.
Technical selection and training (point xii) is presented as a
separate item since the Committee will doubtless wîsh to make some

PERMANENT MIGRATION

COMMITTEE

provision for inclusion of the general principle in a Convention ;
detailed discussion on this question, however, might be postponed
to the consideration of Item III of the Committee's agenda.
Point (xiii), concerning administrative provisions for enforcement of the principles laid down by the Convention, is designed to
permit discussion of certain matters not covered by the existing
Convention. Two Governments made specific proposals in this
connection. One considers that administrative machinery should be
provided in the Convention, particularly in connection with the
execution of contracts of employment, to ensure the enforcement of
the obligation undertaken by means of an adequate system of public
inspection and supervision, and suitable penalties for breaches of
relevant laws or regulations. The other Government makes a more
general proposal, suggesting that the Convention should charge
the Permanent Migration Committee with the periodical examination of information concerning the application of the Convention by
accepting States, and for the Committee also to be responsible for
proposing any modifications in the text of the Convention which may
seem necessary in the light of experience and developments with
respect to migration. A further suggestion that might be considered
by the Committee would be a specific provision in the Convention
on the use of joint technical committees in applying the terms of the
Convention, as is provided under Recommendation No. 62.
Point (xiv) suggests that measures might be included in the
Convention for international co-operation between national employment and migration services. This suggestion arises directly out of
the discussion at the 30th Session of the International Labour Conference on Item V of its agenda (Employment Service Organisation). In the Report to be submitted to the 31st Session of the Conference (Item IV of its agenda), it is stated that, while " it would
seem to be of great importance that the Employment Service and the
migration authorities should co-operate with each other, particularly
in the preparation and the negotiation of such [bilateral] agreements ", . . . " i t would appear preferable to have this point dealt
with in a Convention concerning migrants rather than in a Convention concerned mainly with the organisation of the employment
service in each country ". The Permanent Migration Committee will
therefore doubtless wish to consider the desirability of including this
point in the Migration Convention.
Finally, in its consideration of the revision of the Convention,
the Permanent Migration Committee might examine whether provisions particularly appropriate to land settlement should be included
in such a Convention.
60. In the event of the Committee preferring to accept the second
major alternative of a series of separate Conventions, question 4 has
been formulated so as to permit the Committee to indicate what kind
of individual instruments it wishes to propose and the way in which
the subjects to be dealt with in the instruments would be divided
among them. It is assumed that the individual items discussed
under question 3 would be included also in the separate instruments.
However, they would have to be framed in a somewhat different
way, according to the nature of the instrument and the categories of
migrants to which they are to be applied. In this connection it would
be well to know the views of the Committee as to whether there should

APPENDICES

be any special provisions for limiting the application of the instruments to countries between which there is a considerable volume of
migration, as is provided for in the existing Convention. A final
question in this connection for the Committee to consider is whether
any special provisions should be included to apply to migrants
recruited for particular industries.
61. A final question put to the Committee in connection with
the revision of the Convention, appearing as question 5, refers specifically to social insurance. Under the existing texts, there is no
reference in the Convention to this matter, but Recommendation
No. 61 includes a provision that it is desirable that Members who
have not ratified the existing Conventions relating to social insurance
should grant to foreign employed persons and their survivors the
treatment defined for such persons in the Conventions. One Government, in its reply to the consultation, has suggested that in place
of this provision in the Recommendation a new Convention should
be formulated dealing especially with social insurance provisions
for migrants. The Committee might consider whether it wishes to
recommend such a procedure, or whether it prefers to continue to
deal with the question in a Recommendation.
62. Once the Committee has concluded its discussion on proposals for revising the Convention, it might usefully proceed to consider
the revision of the two Recommendations. The third part of the
suggested basis of discussion therefore presents, in question 6, a
series of points which the Committee might usefully consider in
connection with Recommendation No. 61. It is proposed that the
Committee might first examine whether the Recommendation
should be made more general in purpose or should include more
precise definitions as to its scope. Next, it might consider what
provisions should be added to those at present contained in the Recommendation, and if any deletions should be made. Several new points
have been suggested, on the basis of the resolution on Item II,
adopted at the First Session of the Permanent Migration Committee,
as appropriate for addition to the Recommendation. These measures
are grouped in question 6, under two general headings : " measures
to facilitate migration ", and " measures to protect migrants ".
It would be useful for the Committee to indicate briefly which, if
any, of these measures it now considers desirable to have included in
a Recommendation applying the general principles discussed under
the Convention. The question of technical selection and training
is also noted for inclusion in the Recommendation but it is proposed
that it be considered more fully under Item III of the agenda.
Finally, the Committee is asked also to consider what special measures should be included in the Recommendation to assist migrants
for land settlement.
63. The fourth part of the suggested basis for discussion concerns
the revision of Recommendation No. 62. In this connection, the
Committee might consider first of all whether it desires to include
more detailed provisions in this Recommendation than those contained in the Convention or the first Recommendation. The second
Recommendation would provide for the application of its suggestions
through the negotiation of bilateral agreements and other methods
of direct co-operation between the Governments concerned. The
Committee might, therefore, discuss whether the model agreements,

PERMANENT MIGRATION

COMMITTEE

which it will consider more fully under Item II of its agenda, should
be annexed to the Recommendation. It might also consider whether
any resolutions that may be adopted under Item III of its agenda,
concerning technical selection and training of migrants, should be
incorporated in Recommendation No. 62. Finally, as has been
suggested by some of the Governments in their replies to the letter
of consultation, the Committee will wish to consider what kind of
administrative procedure could usefully be specified in the Recommendation.
64. Once the Committee has concluded its discussion of the
individual points raised, concerning the various proposals for revising
the Convention and Recommendations, it will be in a position to
advise the Governing Body on the principles and methods that
should govern further action of the I.L.O. with respect to migration.
It is therefore suggested in the fifth part of the basis of discussion
that the Committee conclude its consideration of Item I of its agenda
by deciding whether it wishes to ask the Governing Body to open the
formal procedure for revision of the Convention and related Recommendations. At this point, and in the light of its earlier discussions,
it may wish to consider whether the next stage is, as has been suggested, to propose that revision procedure should be opened with a
view to the placing of this question on the agenda of an early session
of the International Labour Conference. Finally, the Committee
might indicate what part the Committee itself wishes to take in the
procedure, and, in particular, whether it wishes to examine at a
further session the texts which may be submitted to the Conference
on the basis of any revision procedure. In such event the Committee
may wish to ask the GoverningBody to provide for a third session of the
Permanent Migration Committee early in 1949, and to include the
question of revision on the agenda of the session.

Suggested Basis for Committee Discussion
A.

GENERAL DISCUSSION

1. The Permanent Migration Committee will doubtless wish to
begin its discussion by a general consideration of the divergent concepts underlying the replies of Governments to the letter of consultation. In examining these points of view, the Committee might bear
in mind the resolution of the Economic and Social Council of the
United Nations, adopted on 13 August 1947, which noted that the
International Labour Organisation was considering the revision of
the Convention and Recommendations on migration and, in view of
the urgency of the problem, requested the I.L.O. to pursue its
study of the question and to inform the Economic and Social Council
as soon as possible of the progress made. Before discussing the
detailed aspects of.the problem, it would therefore appear useful
for the Committee to consider the following general suggestions :
(a) that the existing framework should be maintained, providing
for one general Convention, with one related Recommendation
containing supplementary provisions which are considered inappropriate for inclusion in a Convention, and a further Recommendation

APPENDICES

outlining, in some detail, methods of international co-operation, on
a bilateral or multilateral basis ;
(b) that a different framework should be devised, which
would comprise, in place of a single general Convention and two
Recommendations, a series of separate instruments, some of limited
and some of broad scope, which members should accept according to
their relation to particular needs and circumstances ; and
(c) that the examination of the problem of migration should be
undertaken, in the first instance, not as a revision of the Convention
and Recommendations but on the basis of the suggestions (circulated
to Governments under Doc. EC 102/D.4 by decision of the Governing
Body J ) concerning the establishment of basic principles on working
and living conditions which should govern the organised transfer
of workers, including displaced persons and refugees, from one
country to another, and the administrative and financial arrangements necessitated by their transfer.
2, If the Committee decides in favour of proceeding on the lines
outlined in (a) or (b) above, it will then no doubt wish to give detailed
consideration to the points on which revision should take place, on
the basis on Parts B, C, and D below. If, on the other hand, it decides
in favour of alternative (c) above, it might take as the basis for its
further discussion first, the principles regarding working and living
conditions ; and second, the administrative1 and financial arrangements appearing in Document EC 102/D.4.

PROPOSALS FOR REVISION OF CONVENTION NO.

3. If the Committee considers it desirable, in revising the
Convention, to maintain the general framework of the existing instrument as a single Convention (as proposed under 1 (a)), does it
wish it to be revised so as to make it more comprehensive in purpose ?
(a) If so, should its purpose be the establishment of desirable
general principles of migration ?
(b) What should be the scope of the Convention ?
(c) Should all provisions in the existing Convention which
can only be applied by certain States be eliminated ?
(d) Should the provisions of the Convention comprise the formulation of principles on all or any of the following subjects :
(i) exchange of information on national legislation and policy
concerning emigration and immigration, conditions applicable
to foreigners, etc. ;
(ii) provision of accurate information to migrants, concerning
employment conditions and related matters ;
(iii) repression of misleading information or propaganda ;
(iv) control of methods of recruitment, introduction and placing
of migrants ;
1

See Annex B.

P E R M A N E N T MIGRATION

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(v) measures for facilitating the departure, journey and reception
of migrants ;
(vi) measures for protection of migrants on the journey ;
(vii) payment of travel expenses ;
(viii) problems of repatriation ;
(ix) equality of treatment with respect to conditions of employment, social security and freedom of association as well as
admission to employment ;
(x) contracts of employment ;
(xi) customs exemptions and related problems ;
(xii) technical selection and training (cf. Item III of the agenda) ;
(xiii) administrative provisions for enforcement of the Convention ;
(xiv) measures for international co-operation between national
employment and migration services ?
(e) Should special provisions concerning migrants for land
settlement be included ?
(f) What other, if any, subjects should be dealt with in the
Convention ?
4. If the Committee considers it preferable to formulate a series
of separate Conventions, does it consider that individual instruments
should deal with each of the following categories : migrant workers
for temporary employment, migrant workers for permanent settlement, migrants for land settlement, displaced persons and refugees ?
(a) If so, which of the provisions suggested above should be
included in each or all of the instruments ?
(b) Should any provision be included for limiting the instruments to countries between which there is a considerable volume of
migration ?
(c) Should any special provisions be included to apply to
particular industries ?
5. Does the Committee consider it desirable that there should
be a separate Convention or Conventions on the treatment of foreign
workers with respect to social insurance or is it preferable, in view
of the fact that this question is dealt with in International Labour
Conventions relating to social insurance, that it be dealt with in a
Recommendation ?

C. PROPOSALS FOR REVISION OF RECOMMENDATION No.

6. In the light of the discussion of the methods for revising the
Convention, what form does the Committee consider should be given
to Recommendation No. 61 ?
(a) Should the Recommendation be made either more general
in purpose or should it include more precise definitions as to its
scope ?
(b) Should its provisions be extended to include a number of
additional subjects (for example, those appearing in the annex to

APPENDICES

the second resolution adopted at the first session of the Permanent
Migration Committee) such as :
(i) measures to facilitate migration (including administrative
facilities, housing, supplying of food and clothing, access to
schools in the country of immigration, recognition of certificates of educational acquirements from the country of origin,
arrangements for the transfer of capital and earnings, and
provisions to facilitate naturalisation) ;
(ii) measures to protect migrants (including measures designed
to avoid abuses arising from recruitment, introduction and
placing operations undertaken by private agencies ; to
protect the migrants during the journey ; and to ensure to
them the same rights as nationals either with regard to their
employers or the public authorities) ;
(iii) technical selection and vocational training (as discussed
under Item III) ;
(iv) special measures designed to facilitate land settlement ?

D. PROPOSALS FOR REVISION OF RECOMMENDATION NO.

7. In the light of its replies to the above questions, it would be
useful for the Committee to indicate its views with respect to Recommendation No. 62 :
(a) Does the Committee consider it desirable to include more
detailed provisions than those contained in the Convention or in
Recommendation No. 61 ; if so, what provisions ?
(b) Should the model agreements (considered under Item II
of the Agenda) be annexed to revised Recommendation No. 62 ?
(c) Should provisions concerning technical selection and vocational training of migrant workers (considered under Item III) be
incorporated in Recommendation No. 62 ?
(d) What additional matters should be dealt with in the Recommendation ?
(e) What administrative procedure should be specified in the
Recommendation ?

FURTHER ACTION BY THE

I.L.O.

(PROCEDURE)

8. As a result of the above discussion, the Permanent Migration
Committee will be in a position to advise the Governing Rody on the
principles and methods which should govern further action by the International Labour Organisation with respect to migration. It would
therefore be useful for the Committee to conclude its discussion of
Item I of its Agenda by considering whether it wishes to ask the
Governing Rody to open the procedure for revision of the Convention
and related Recommendations.

PERMANENT MIGRATION

COMMITTEE

Annex A
Letter from the International Labour Office Addressed to Governments
Represented on the Permanent Migration Committee
Montreal, 7 October 1947.
Sir,
I have the honour to refer to circular letter E 1005/2/1404 of
11 December 1946 in which the views of your Government were
requested as to the desirability of revising the Migration for Employment Convention, 1939, and the related Recommendations, and, in
the case of an affirmative reply, the points to which your Government
considers the revision should apply. By the same letter, the views
of your Government were asked as to the general and specific points
to be included in the text of a Model Agreement which might serve
as a guide to Governments in negotiating Conventions and agreements regarding migration.
Since the despatch of this letter, the whole problem of migration
has assumed greater importance than .ever before, as has been
emphasised in the discussions which have taken place recently on
the international level. It may therefore be useful to summarise
the developments during the last year which concern international
migration problems. You will recall that the suggestion for revision
of the 1939 Convention and Recommendations, and for the formulation of a model international migration agreement, was made
initially by the Permanent Migration Committee at its First Session
(Montreal, August 1946), and that the Governing Body consequently
decided at its 100th session (Montreal, October 1946) to authorise
the Office to consult Governments on these matters. This consultation was undertaken by the above-mentioned letter of 11 December
1946.
In March 1947 the Employment Committee of the Governing
Body requested, as a matter of urgency, that a study be made of the
conditions governing the transfer of workers from one country to
another, in accordance with bilateral agreements, and of the movement of displaced persons and refugees. The Office consequently
prepared a note on bilateral agreements concluded by Italy with
various countries of immigration, and including a statement of the
situation concerning displaced persons and a series of conclusions
relating to provisions for insertion in migration agreements. These
conclusions dealt with administrative arrangements, requirements as
to working and living conditions, financial provisions and special
provisions for overseas migration. 1
At its June 1947 session, held in Geneva, the Employment
Committee of the Governing Body recommended that the Office be
authorised to circulate the note as an Office paper to the Members
of the International Labour Organisation for information and
observations. It suggested that the Governing Body urge Governments to give immediate attention to the matter of a model migration agreement and, if they had not already done so, forward their
1

Cf. Annex B.

APPENDICES

replies to the above-mentioned letter of 11 December 1946 at the
earliest possible moment. Finally, the Employment Committee
suggested that the Governing Body convene a meeting of the Permanent Migration Committee at the earliest practicable date to
consider, as a matter of utmost urgency, the whole question of
migration agreements. The Governing Body, at its 102nd session
in June 1947, accepted the report of its Employment Committee
and authorised the Office to take the necessary action.
In the course of the general discussion on the Director-General's
Report which took place at the 30th Session of the International
Labour Conference, held in Geneva in June 1947, the urgency of
these matters and the need for re-examination of international
measures affecting migration was stressed.
One special aspect of the question of migration of workers was
also considered by the Second Session of the Coal Mines Committee,
which met in Geneva in April-May 1947. The Committee adopted
a resolution on the recruitment of foreign manpower for coal mines
which states that " until such time as a model agreement for Governments regarding migratory movements is accepted internationally,
recruitment of manpower for the coal mines should be so conducted
that the following may be safeguarded and reconciled in the countries
concerned : (a) the economic interest of the country as a whole ;
(b) the general interest of the coal industry ; (c) the legitimate
interest of the employers ; (d) the legitimate interests and standard
of living of the national workers of the country ; (e) the interests
of immigrant workers ". The resolution outlines provisions to be included in international agreements, any agreements between Governments and another contracting party, and individual contracts of
engagement, concerning recruitment and related conditions affecting
manpower employed in coal mines. These provisions bear directly
upon the question of the protection of migrant and immigrant
workers.
Most recently, at its Fifth Session, on 13 August 1947, the Economic
and Social Council of the United Nations adopted a Resolution on the
Protection of Migrant and Immigrant Labour, which notes that the
International Labour Organisation is considering the revision of the
Convention and Recommendations on migration and, in view of the
urgency of the problem, requests the International Labour Organisation to pursue its consideration of the subject, and to inform the
Economic and Social Council as soon as possible of the progress
which is made. The item regarding protection of migrant and
immigrant labour was placed on the agenda of the Council at the
request of the American Federation of Labor ; the Resolution adopted was based upon a proposal submitted by delegations of the United
Kingdom and Norway, and amended in the course of the discussions
at the Council.
As a consequence of all these developments, the Office considers
that it is its duty to submit to the next meeting of the Governing
Body, to be held in Geneva in December 1947, specific proposals for
the. convening of the second session of the Permanent Migration
Committee. In order to enable the Governing Body to make its
decisions concerning the date and agenda of the meeting, it is particularly important to know the opinions of Governments as to the
desirability of revising the 1939 Migration for Employment Convention and the related Recommendations and concerning the points
to be included in any model migration agreement.
6

P E R M A N E N T MIGRATION

COMMITTEE

It is for this reason that I now venture to remind you of the
circular letter of 11 December 1946 and to ask if it will be posssible
for you to transmit at the earliest possible date the views of your
Government with respect to the revision of the 1939 Convention
and related Recommendations and the formulation of a model
migration agreement.
I have the honour to be, etc.,
For the Director-General :
(Signed)

Assistant

Jef

RENS,

Director-General.

Annex B
MIGRATION AGREEMENTS
(Note submitted by the International Labour Office to the Fifth Session
of the Employment Committee of the Governing Body, Geneva,
June 1947 x)
In accordance with the decision of the Governing Body at its
101st Session (Geneva, March 1947), the Office has prepared a note
on recent agreements concluded by the Italian Government with
the Governments of several countries of immigration, accompanied
by conclusions for the consideration of the Committee. Although
the decision of the Governing Body related specifically to the problem of conditions of employment of migrant workers, it has seemed
more convenient to summarise the bilateral agreements concluded
by Italy as a whole. Similarly, the conclusions are not confined to
the question of conditions of employment but cover certain other
problems as well.
BILATERAL AGREEMENTS BETWEEN ITALY AND OTHER COUNTRIES

In order to organise and regulate the recruitment of Italian
workers for employment abroad, and the placing of such workers,
Italy has since the end of the war made official agreements with
several countries which desire to engage foreign labour. Such agreements have already been concluded with Belgium a , Czechoslovakia *
and France 4, and one with the United Kingdom has been drafted.
1

Document E.C. 102/D. 4.
Exchange of Notes dated 23 November 1945, protocol and exchange
of Notes dated 23 June 1946.
8
Agreement between Czechoslovakia and Italy concerning the emigration of Italian workers to Czechoslovakia, dated 10 February 1947,
with protocol.
4
Arrangement regarding the recruitment of Italian workmen as
underground workers for the French mines, dated 22 February 1946,
with appendices and exchange of Notes dated 29 April and 17 May 1946.
Agreement between France and Italy regarding Italian immigration
into France, dated 21 March 1947, with exchanges of Notes and special
arrangements regarding the emigration of beetroot workers, and provisions regarding family allowances.
2

APPENDICES

Apart from these instruments, which concern migratory movements
to European countries, mention should also be made of the agreement recently signed with Argentina 1, which is a new departure
in the organisation of overseas migration. The similarity between
all these texts, including the last-named, justifies their treatment
as a whole and examination in a single paper. 2
The above agreements are not labour treaties in the strict sense,
on the model of those applied between countries of emigration and
immigration during the period between the two World Wars. They
relate only to certain occupations or occupational groups of workers,
and are limited to collective migration. Even where regular, continuous movements are contemplated, it is left to additional arrangements or subsequent conventions not only to define measures
of application but also to settle certain problems which have so far
been merely stated or on which it has not yet been possible to reach
agreement.
On a number of problems, agreement with the different immigration countries has, however, been reached ; on others, negotiations
are still in progress with a view to supplementing the agreements
already concluded. Further, as regards workers leaving home for
European countries, the authorities concerned have prepared and
put into effect model employment contracts defining and completing
the provisions of the official agreements.
In any case, these instruments already constitute an interesting
experiment, both from the point of view of international collaboration between the countries concerned in migration movements and
from that of the systematic organisation of migration, at a time
when the results of the recent war are still powerfully felt in the
economic and social life of certain countries.
The most characteristic feature of these bilateral agreements
is the attempt to organise migration movements so as to adapt them
to the real possibilities and needs of the economic life of the immigration country and its employment situation. Some of the
agreements signed apply only to the migration of a certain quota
of workers belonging to a specified occupation, the possibility of
and the need for recruiting foreign labour being restricted as regards
volume and as regards the desired occupational qualifications.
For example, for entry into Belgium, the only persons considered,
at the moment at least, are 50,000 underground workers for the coal
mines ; the draft agreement with the United Kingdom relates only
to the recruitment and placement of 2,800 workers for the iron and
steel industry, of whom 800 must be skilled men ; and a special
agreement with France applies only to 10,000 beetroot workers
whose migration will moreover be of a seasonal character and require
special regulation.

1
Agreement between Italy and Argentina regarding emigration,
dated 21 February 1947, with appendix.
2
Migration towards Switzerland started again after the war, but no
official agreement has so far been signed between the two countries,
recruitment and placement having been undertaken almost exclusively
on the basis of contracts for specified persons, drawn up by the Swiss
authorities and endorsed by those of Italy.

PERMANENT MIGRATION

COMMITTEE

Even the agreements of a more general scope, containing provisions which may be applied to various occupational groups l ,
provide in more or less exact terms for adjustment of the volume of
movement to the employment situation and the state of economic
activity in the immigration country. Emigration to Argentina
is permitted " in conformity with circumstances and requirements ".
The agreement with France provides for a quota of 200,000 workers
in 1947, whereas the quotas required for the following years are
to be considered and determined by the Permanent Technical
Commission described below. As regards Czechoslovakia, an additional protocol to apply for two years mentions a first contingent
of 5,000 workers belonging to various occupations (mining, quarries,
metal industry, agriculture, railways). The volume of migration
is indeed in some cases split into monthly quotas (miners for Belgium
and all workers migrating to France).
As the requirements of the immigration countries are usually
concentrated on specified occupational groups, the recruitment
of the workers in question has certain difficulties to overcome. The
Italian employment market cannot provide the number of miners with
the necessary qualifications and occupational skills required by
Czechoslovakia, Belgium and France. Indeed, the 1946 agreement
with France includes, in an appendix, instructions indicating in
detail the types of mineworkers required ; and failing workers with
the appropriate qualifications and experience, other labourers
accustomed to " heavy " or " strenuous " work may be engaged
if they have the necessary physical qualities. This explains also
why the selection of workers for migration is a very strict and complex process, as will be seen below.
The essential provisions of the agreements in question provide
for action to secure more efficient and regular collaboration between
the authorities—and sometimes also between the occupational organisations—of the two countries, particularly with the object of
ensuring the enforcement of the agreements and safeguarding the
interests of the workers themselves. These provisions relate, as a
rule, to recruitment, conditions of work, living conditions, transport
and the transfer of the migrant workers' savings.
Some of the instruments contain provisions concerning the
migration of the workers' families. Workers going from Italy to
Argentina may be accompanied or followed by their families, who
will be treated—as regards transport—on the same footing as the
workers themselves. According to provisions contained in the model
contract of employment, the Belgian employers undertake to facilitate the immigration of families of Italian miners, provided that
in each case there is a suitable dwelling available ; and in the event
of need the employer advances the money required to cover travelling
expenses. Similarly, the migration of workers' families to France
is made contingent on the availability of housing ; when the housing
situation permits the arrival of the family, the French authorities
inform the worker concerned and bear part of the travelling expenses.
Although in general one of the objects of the agreements is to
facilitate migration movements, no provision is made for simplifi1
The agreement with Argentina covers " workers, handicraftsmen
and technicians of all trades and all occupations " , the two Governments
undertaking to encourage also the migration of co-operatives and other
groups of workers.

APPENDICES

cation or special facilities of an administrative character for the
emigration or immigration of the workers, and an individual passport
and the respective visas remain indispensable. However, in the case of
emigration to France, the Italian authorities have undertaken to
issue passports within a week ; for miners going to Belgium, the
validity of an identity document other than a passport is recognised ;
and the Czechoslovak authorities for their part have undertaken
to obtain for migraift workers the authorisation to travel in transit
through the occupation zone of Austria.
Administrative

Provisions

The administrative provisions defining methods of collaboration
between the two countries concern first of all the procedure for
recruitment and the information which candidates for migration
will require ; secondly, the protection of the migrants' interests ;
and lastly, the agencies responsible for application of the provisions
of the agreements.
As regards recruitment and placement procedure, the operations
are in many cases highly complex, particularly in connection with
medical and occupational selection.
The country of immigration takes part in most of these operations, being represented either by its consular authorities or by
delegates of agencies specially responsible for recruitment (for
Argentina, the Immigration Delegation in Europe ; for France, the
National Immigration Office ; for Czechoslovakia, the Ministry of
Social Welfare).
As a rule, there is no indication of the regions where recruitment
will take place or of the rules for its conduct ; nevertheless, the
general agreement with France provides that recruiting shall be
carried out in the four parts into which Italy is divided (north,
centre, south, islands) and that account shall be taken of the " proportion of officially registered unemployed " in each. Furthermore,
the Permanent Technical Commission is required also to determine
the size and occupational composition of the quotas which each
recruitment zone shall provide. As the beetroot workers can only
be provided by certain zones, these are exactly indicated in the
special agreement on this subject.
The first recruitment operation is left in the hands of the competent Italian authorities (the Labour Offices or Labour Chambers) ;
but recruitment for Argentina may also be carried out on the basis
of lists drawn up and submitted by that country's Delegation. In
all cases, the first medical examination and the first occupational
selection are carried out at the candidate's home by the Italian
authorities alone. The workers chosen are then directed—by the
Italian Government, which also undertakes to pay the cost of the
return journey for workers not accepted by the authorities of the
immigration country—to assembly or recruitment centres established
in collaboration with that country.
In these centres, which are placed in the northern part of Italy,
the workers undergo a further selection process, as regards both
their health and their occupational skill and aptitude, undertaken
jointly by the authorities of the two countries with the necessary
doctors and technical experts. The successful candidates are then
taken over by the immigration country, which arranges for their

P E R M A N E N T MIGRATION

COMMITTEE

transport to the place of work. It is often at these centres that
the workers sign their contracts of employment and are thus informed
exactly of the conditions of employment which are to apply to them.
However, at the Italian centre, unskilled workers and beetroot
workers bound for France receive only an " engagement for the
occupation or occupations where employments for which the worker
is a candidate are available ". This engagement, to which a copy
of the model contract of employment is attached, also contains
" indications regarding the trade, region of employment, scale of
wages and, asfar as possible, conditions of life... " The final physical
and occupational selection, and consequently the determination of
the type of occupation and conditions of work, take place, for these
workers, in France, at the reception and selection centres established
and run by the French authorities. Here the workers receive their
contracts and are directed to their regions of employment. The
miners must go through another medical inspection, called the
" entry test ", at the colliery itself. The French authorities in Italy
and the Italian authorities in France may have observers at these
centres, where the trade union organisations of the two countries
are also represented.
A similar procedure applies to migration to Argentina. The
workers are to be received, and directed towards their work place,
at a migrants' hostel in the port of disembarkation, under the supervision of the Reception and Direction Board ; this agency is required
also to see that employment agreements" are drawn up in conformity with the legislation of the country and that the immigrants
are directed to employment according to their occupation, trade
and skill. The Italian Government is authorised to be represented
by observer delegates to the Board.
There is no provision in the respective agreements concerning
the period to be spent by workers at the reception and selection centres in France or the immigrants' hostels in Argentina.
As regard the supply of information to candidates for employment abroad, the instruments contain general provisions without
much detail. As a rule, the immigration country undertakes to
provide information subsequently regarding the conditions which
candidates for recruitment must fulfil (age, health, etc.) or regarding
the conditions of employment and living conditions which will be
provided. In practice, such information is often brought to the
notice of the candidates by distributing copies of the model contract
of employment, which contains supplementary data regarding wage
scales in force (by occupation and region of employment), housing,
food, and other conditions to be applied.
Lastly, as regards the protection of the migrants' interests
and the authorities responsible for application of the agreements,
the principle of bilateral collaboration between the competent
administrative authorities and even between the trade union organisations of the two countries is as a rule laid down, although the
form of this collaboration varies from one immigration country to
another.
As regards Czechoslovakia, the co-operation between the central
authorities responsible for the workers' protection is to be defined
in subsequent arrangements ; the contract of employment adopted
for this country provides, however, that any dispute between an
employer and a worker will be decided by the Czechoslovak protec-

APPENDICES

tion offices, save in case of particularly serious disputes, which will be
submitted to the authorities of the two countries.
The supervision of the conduct and the protection of the interests
of Italian miners in Belgium are placed in the hands of representatives
of the Italian Government specially delegated to the five mining
areas and maintained from funds provided by the Belgian employers.
These representatives are required to report to the authorities of
the two countries.
Under the agreement with France the corresponding collaboration
is based on mixed commissions. One commission of this sort, to be
composed in a manner not yet definitely settled, will be required to
report to the two Governments on the general conditions of application of the agreement, to take up any other question regarding
Italian immigration into France and to act as conciliation agency
in case of dispute on the application of the agreed provisions. Apart
from this, two permanent technical commissions are to be established,
one in Rome and the other in Paris, to include representatives of the
Governments and trade union organisations of the two countries.
The Rome commission is to meet at least twice a month and to
supervise application of the provisions regarding operations in
Italy. It is also to reach agreement on the following : "the size of the
quotas to be provided by each of the recruitment zones in Italy for
a specified period ; the occupations of the workers to be provided by
these zones ; the information which it will be advisable to give to
candidates for employment abroad in order to facilitate recruiting ;
the causes of any difficulties which may arise, and the means by
which they may be remedied". The Paris commission is required to
supervise application of the provisions of the agreement regarding
operations in France and more particularly to deal with questions
which may arise out of the settlement of the migrants and their
placing in employment. Further, as has already been mentioned,
both the French authorities in Italy and the Italian authorities in
France are entitled to follow the operations of the recruitment and
of the reception centres.
As regards migration to Argentina, provision has also been made
for collaboration between the two countries, both in Italy and at
the migrants' destination. The Argentine Reception and Direction
Board and the observers whom the Italian Government is authorised
to appoint to it will be in permanent contact ; the same applies to
the Italian authorities and the Immigration Delegation for Europe
in Italy ; the two parties are required to proceed to an exchange of
views on the application of the agreement in order to prepare and
propose to the two Governments any necessary improvements in the
provisions already agreed.
The agreement provides also that Italian workers may apply
to the Reception and Direction Board in any connection and at any
time, and that differences which may arise between employers and
workers will be submitted to the Argentine authorities.
Apart from such collaboration between the authorities of the
two countries, protection of the migrants' interests is often placed
in the hands of the occupational organisations of the two countries,
which collaborate in this connection.
As regards France, reference has already been made to the position of the Italian and French labour organisations at the centres in
Italy and France and of their representation on the Permanent
Technical Commission.

PERMANENT MIGRATION COMMITTEE

Provision is made, in the agreements with Czechoslovakia and the
United Kingdom, for action by the Italian labour organisations on
behalf of expatriated workers. The Italian General Confederation of
Labour may send a delegation to Czechoslovakia which is authorised
to visit centres where there may be Italian workers and to give them
all possible aid. There are to be direct arrangements between the
respective workers' organisations to secure the well-being of the
Italian workers in the United Kingdom.
Provisions concerning Conditions of Employment
In most cases the country of immigration applies equality of
treatment in this respect. The official agreements merely proclaim
this principle, the scope of which is then defined by the model contract of employment. The agreement with the United Kingdom,
which makes no provision for such a contract, enumerates the points
on which equality of treatment is to be provided, and also specifies
that the British authorities shall pay a lump sum on behalf of Italian
workers in order to maintain their social insurance rights in Italy.
On the basis either of the official agreements or of the contracts
of employment, equality of treatment extends to labour legislation,
rates of pay, any special allowances in force, wage deductions, social
insurance, social assistance, trade union rights, taxation and family
allowances.
Special bonuses or allowances are sometimes granted to migrant
workers by the immigration country. Under the agreement with
France, every miner with a dependent family receives a special
allowance of 2,000 francs when placed in employment, or alternatively a complete miner's outfit. Other workers receive a special
allowance of 1,000 francs upon entry into France. Emigrants to
the United Kingdom are entitled to a suit of clothes when placed
in employment.
Immigrant workers in Argentina, where conditions of work must
be governed by an employment agreement according to the legislation of that country, will enjoy the same rights and have the same
duties as Argentine workers in conformity with the Constitution,
and receive also the facilities, benefits and privileges granted to
nationals of any other country.
The agreement with France reintroduces—in so far as they are
not contrary to the new treaties—the provisions of the Labour
Treaty of 30 September 1919 and the Conventions of 22 May and
4 June 1924. The two Governments undertake to conclude as soon
as possible a new convention on social security replacing that of
13 August 1932. As regards permanent settlement, provision is made
for the application of the " most-favoured-nation clause ".
As regards contracts of employment, the agreements with
Czechoslovakia and France indicate the provisions these must
contain.
A minimum period of employment is guaranteed to workers
migrating to European countries. This is generally fixed at a year
and may be renewed. The United Kingdom Government undertakes the obligation for three months only, the worker being entitled
in case of temporary unemployment to an allowance providing a
reasonable livelihood. In France, the Italian workers may remain
employed until expiry of their " foreign workers " cards, even if the

APPENDICES

percentage of foreign personnel employed in the undertaking in
question is reduced.
The British, Belgian and Czechoslovak authorities undertake to
provide the Italian workers with food corresponding as far as possible
to their habits. The French authorities are organising canteens, and
the immigrants are also entitled to supplementary rations and to
free access to existing co-operatives at the workplaces.
As regards housing, in Belgium and Czechoslovakia accommodation
is provided by the employer at the rates obtaining in the region, and
must comply with hygiene requirements. In Great Britain, equality
of treatment is applied. In France, workers without families are
lodged in hutments, and there are exact provisions requiring sufficient comfort and satisfactory hygiene conditions. Workers with
families are entitled to accommodation in houses or equivalent buildings, but must bring their own furniture and household utensils.
Some of the instruments also contain provisions concerning
the repatriation of the Italian workers at the employer's expense
on termination of their engagement. This is the case in Great
Britain, where returning workers will be entitled to an allowance
equal to that which they received when entering the country, and
in Czechoslovakia, provided the engagement is terminated in accordance with the agreed provisions. In the same way, an Italian miner
in Belgium will be entitled to free repatriation, but only after five
years' work without a break ; his family will have the same right
when he has so worked for seven years. If the free repatriation of
seasonal beetroot workers is left out of account, the agreement with
France contains no provision on this subject ; special arrangements
may, however, be made to enable the migrant workers to spend their
holidays in Italy.
Financial

Provisions

Great importance is attached by the Italian authorities to the
transfer of savings of migrant workers. Consequently, all the agreements contain provisions on this subject.
Argentina places no obstacle in the way of such transfers, and
the agreement with that country simply provides that the migrants
may transfer funds without restriction at a rate of exchange to be
subsequently fixed.
As regards workers migrating to European countries, on the
other hand, more detailed and complex arrangements have been
stipulated. In view of the financial and monetary situation of these
countries, the respective agreements restrict both the method of
transfer and the amounts which may be sent.
Under the agreements with Czechoslovakia, France and the
United Kingdom, these amounts may not exceed limits which take
the form of either a percentage of the worker's wage or an average
money figure per month ; moreover, the limit often varies according
to the worker's family responsibilities, and even—in the case of
France—according as his family is in that country or in Italy. No
restriction is placed on the transfer of family allowances from
Belgium and France, or as regards beetroot workers in the latter
country.
The transfers are made as a rule by clearing arrangements
through a highly complicated procedure which holds up the payment
of the money to those for whom it is intended. In Belgium, Czecho-

P E R M A N E N T MIGRATION

COMMITTEE

Slovakia and the United Kingdom, the amounts to be transferred
(and, in certain cases, the expatriation bonuses and social insurance
benefits) are paid into a special fund which is at the disposal of the
competent Italian authorities, and these undertake to remit to the
addressees the corresponding sums, converted into Italian currency
at the official rate. The sums which accumulate in the immigration
country are intended for payment of Italy's imports, and particularly for the purchase of the coal that Belgium and Czechoslovakia
have undertaken to supply in exchange for the Italian labour which
is to help in coal production. In these cases, the agreements also
determine the quantity of coal to be sent to Italy ; this is fixed in
consideration of the number of Italian workers employed in the
mines.
A similar system will be established for the transfer of the savings
and family allowances of Italian workers in France, when the Italian
currency which is to serve for this purpose under the terms of the
Agreement has been exhausted. 1
The expenses incurred by the recruitment of workers, their
transport to the assembly centres and their stay at such centres
are in many cases to be refunded to the Italian authorities by the
immigration country.
Czechoslovakia, France and the United
Kingdom have undertaken to pay Italy a lump sum for each worker
recruited ; the model contracts drawn up for migrants to Czechoslovakia and France provide, however, that in case of unjustified
termination of the contract by the worker he will be obliged to refund
a part of this sum proportionate to the length of the contract still
to run.
As regards the transport of workers going to European countries,
the cost of travel, including food, from the centre in Italy to the
workplace is paid by the immigration country. The agreement with
the United Kingdom is particularly precise in this connection and
provides also for a daily allowance which the worker receives during
the whole voyage. France makes a daily grant to all workers from
the day on which they are recruited until that on which they take
up employment.
The transport of migrants to Argentina must be arranged in
conformity with the legislation of the two countries, and the cost of
the passage will be borne by the worker himself. If, however, migrants are unable to pay this sum, or a part of it, the necessary money
will be advanced to them. Refund of this advance must be made, if
possible, in 40 monthly instalments by means of deductions from
wages or from the savings which the workers wish to transfer to
Italy.
CONCLUSIONS

1. Although the specific articles for inclusion in bilateral or
multilateral migration agreements necessarily vary in accordance
with the particular circumstances prevailing in the countries concerned, the general principles incorporated in such agreements are substantially similar in most cases. The subjects covered have, for
convenience, been grouped under the headings of administrative
1
Statement made to the press by the Director-General of Emigration
at the Italian Ministry of Foreign Affairs on 22 March 1947.

APPENDICES

arrangements, requirements as to working and living conditions,
and financial provisions. As far as overseas migration is concerned,
special provisions are sometimes included concerning transport and,
in some cases, further resettlement of migrants.
2. It would appear that migration agreements should, as
specifically as possible, deal with the problems described below, and
that, in each case, consideration should be given to the special
situation of migrants who are not nationals of the country from which
they emigrate and who cannot, therefore, seek the protection of any
Government on the basis of their rights as citizens.

Administrative

Arrangements

3. The appropriate services of the Governments of the immigration and emigration countries, respectively, are usually responsible, under bilateral agreements, for arrangements concerning
recruitment, selection and placement of migrants ; for the setting
up of joint technical committees to deal with detailed administrative
problems, to supervise the application of the agreements, and to
formulate conciliation procedures in case of disputes ; for the establishment of assembly and reception centres in the emigration and
immigration countries ; and for the collection and provision of accurate information concerning the employment and living conditions
in the immigration countries. It would aJso seem appropriate that
arrangements covering displaced persons and refugees should include
similar provisions. The International Labour Organisation might
be called upon to advise the competent authorities in the fulfilment
of these duties, particularly with respect to recruitment and in the
determination of the requirements concerning working and living
conditions.
4. Further, in the case of migration agreements between an
international body and the Governments of immigration countries, it
is suggested that the joint technical committees provided for under
the agreements be composed on a somewhat broader basis than under
the existing agreements between the Governments of emigration
and immigration countries. In the latter case, it has been usual to
provide for representation of the Governments concerned, and,
frequently, for representation of the trade unions of both countries.
Particularly in the case of migration agreements covering refugees
and displaced persons, it would appear desirable for the delegations
of the immigration countries to include representatives both of the
trade unions and of the employers, and for the committees to include,
in addition to the technical experts from the responsible international body, representatives of other international agencies
directly concerned in these questions, such as, for example, the World
Health Organisation and the International Labour Organisation.
In such case the I.L.O. might be represented by the technical
services of the Office or by a tripartite delegation, whichever seems
appropriate.
5. It is suggested that each migration agreement should include
the following stipulations concerning administrative arrangements :

PERMANENT MIGRATION COMMITTEE

Recruitment.
(1) That the recruitment operations be organised by the Government of the emigration country or other authority which has assumed
responsibility, in agreement, where appropriate, with military occupation authorities, and in co-operation with the competent immigration or
employment service of the immigration country ;
Establishment of Joint Technical Committee.
(2) That a Joint Technical Committee be established, comprising
representatives of the Government, the trade unions and the employers
of the immigration country and of the emigration country or other
authority which has assumed responsibility for recruitment, and also
representatives of other international agencies having a direct interest
in these questions and of military occupation authorities, where appropriate ;
Functions of Joint Technical Committee.
(3) That the Joint Technical Committee determine the conditions
governing recruitment, criteria for the selection of migrants, type of
examinations to be given to migrants, and, where appropriate, the
questions that should be dealt with in contracts of employment ;
(4) That the Joint Technical Committee provide for supervision of
the application of the requirements concerning working and living
conditions ;
(5) That representatives of the Joint Technical Committee be
authorised to hear complaints and undertake conciliation procedures,
and make any suggestions for revision of the conditions laid down in
the agreements or determined by the Joint Technical Committee ;
Assembly Centres for the Selection of Migrants.
(6) That assembly centres for the selection of migrants be established
by the Government of the emigration country or the competent international body, in co-operation with military occupation authorities,
where appropriate, close to where the migrants live, or in the case of
refugees or displaced persons, to the camps, where the applicants may be
examined by the representatives of the Government of the immigration
country and undergo any occupational and physical examinations called
for under the conditions governing recruitment, as laid down in the
agreement itself or by the Joint Technical Committee ;
(7) That arrangements be made at the assembly centres for furnishing to prospective migrants basic information concerning working and
living conditions in the immigration country.
Reception Centres in Immigration Country.
(8) That reception centres be established in the immigration country
by the responsible Government services and subject to inspection by
representatives of the Joint Technical Committee, where migrants
would be put in touch with the appropriate Government services and
with trade union officials, would be given full information concerning
conditions of employment, receive all necessary papers (e.g., working
and residence permits, ration books, insurance books, etc.), and obtain
any special facilities provided for under the terms of the agreement.

APPENDICES

Requirements as to Working and Living Conditions
6. Experience already obtained with bilateral migration agreements indicates that the number and nature of specific requirements to be included in the agreements necessarily must take into
consideration the different methods used in the immigration countries
for the regulation of working and living conditions of nationals as
well as of foreigners. Thus, for countries where it is usual to regulate
working conditions for foreign workers through some system of
individual contracts of employment, the agreements may outline the
provisions to be included in such contracts and may even include,
either as an annex or as an integral part of the agreement, model
contracts specifying in considerable detail the obligations to be
placed upon employers and migrants. For countries where many
of the relevant conditions are determined by legislation or by administrative action of the Government, the agreements may specify,
directly and in much greater detail, the provisions concerning
migrants which should be the subject of laws, regulations, or administrative action in the immigration country. For countries where
conditions are customarily determined by collective bargaining, the
terms of the agreements will necessarily be more general, but in such
cases they should include guarantees by which the Government of
the immigration country assumes responsibility for the migrants'
working and living conditions, where necessary, and in particular,
ensures on the one hand that the migrants receive the full advantages
of the collective bargaining machinery and, on the other, that their
presence in the country is not used to undermine the position of
nationals or as a means of unfair competition in the labour market.
7. From the point of view of a Government of an emigration
country or of another authority which has assumed responsibility
for the migrants, the requirements may vary according to whether the
migration is intended to be temporary or permanent. Thus, provisions concerning the length of the period of employment, arrangements for repatriation, preservation of insurance rights in the country of emigration, and possibilities for transfers of payments to families remaining in the emigration country are of importance in the case
of temporary migration but are of less concern if the movement is
either intended to be permanent or comprises refugees and stateless
groups. In such cases, provisions concerning what should be offered
to the migrants in case the employment for which they were admitted
is not suitable, or in case they become redundant, naturalisation
facilities and arrangements for ultimate assimilation of the migrants
into the economic and civil life of an immigration country are of
far greater significance ; stipulations covering these matters are
therefore suggested, even though there is little precedent for them
in existing arrangements.
The requirements listed here as essential for inclusion in migration agreements, and to be carried out by whatever method appears
most appropriate with respect to each of the countries concerned,
are those which affect migrants whose admission is expected to be
permanent, and in particular refugees and displaced persons.
To this end it is suggested that each migration agreement should
stipulate :

90
Equality

PERMANENT MIGRATION

of Treatment for Conditions

COMMITTEE

of Work, Wages, etc.

(1) T h a t migrants be employed under t h e same conditions as nationals and, in particular, receive equality of t r e a t m e n t with respect to
wages including, where appropriate, provisions for family allowances,
hours of work, overtime arrangements, and holidays with pay ;
(2) T h a t migrants benefit by the provisions of laws and regulations
concerning the employment of nationals, such as limitations on home
work, minimum age restrictions, apprenticeship and training, regulation of women's work, and restrictions on night work of young persons ;
Equality of Treatment with respect to Social

Security.

(3) T h a t , in respect of social insurance and assistance, the migrants
be granted equality of treatment with nationals or with persons coming
from the most-favoured-nation country and t h a t appropriate arrangements be made for the payment of contributions, maintenance of existng rights, etc. ;
Minimum

Guarantees of Suitable Employment

and

Maintenance.

(4) T h a t migrants be guaranteed an agreed minimum amount of
employment and t h a t , if for reasons outside the control of the migrants,
the employment for which they were admitted is found to be unsuitable,
provision be made for their placement in suitable employment or,
pending resettlement, their maintenance by the Government of t h e
immigration country ;
(5) T h a t , in cases where migrants become redundant after the expiration of the minimum period of guaranteed employment, they receive
whatever treatment is granted to nationals of the most favoured nation,
or, in t h e case of displaced persons and refugees, provision be made for
their maintenance and resettlement ;
Trade Union

Rights.

(6) T h a t migrants be guaranteed t h e same rights of participation
in trade union activities and enjoy the same advantages as nationals
w i t h respect to collective bargaining ;
Lodging

based on Equality

with

Nationals.

(7) T h a t migrants be assisted in obtaining housing and in any case
be provided with lodging of t h e same type and standard and at the same
rate as nationals working in t h e same localities ;
Training

and Education

for Migrants

and

Families.

(8) T h a t migrants be given the opportunity to obtain technical and,
if appropriate, general instruction to assist their adaptation to the customs of the immigration country, and t h a t special facilities be provided
for the migrants and for their children to receive instruction, in a language
they can understand, until such time as t h e y can be absorbed in t h e
regular school system in the country of immigration ;
Recreation

and Welfare

Facilities.

(9) T h a t migrants and their families enjoy the recreation and welfare
facilities available to nationals of the corresponding category of workers
employed in the same localities ;

APPENDICES

Naturalisation

and Assimilation

Facilities.

(10) T h a t , particularly in a country where employment in a substantial number of occupations, or advancement to higher posts or land
tenure facilities are limited to nationals, special facilities be granted
to migrants to expedite their naturalisation ; and t h a t for their part
migrants, in such cases, should accept in good faith restrictions with
respect to change of employment, etc., placed on t h e m as foreigners,
and undergo whatever educational and citizenship courses and formalities may be needed to obtain citizenship.

Financial

Provisions

8. The value more particularly to t h e m i g r a n t s and t o t h e
emigration c o u n t r y of a n u m b e r of t h e r e q u i r e m e n t s listed above
depends to a large e x t e n t on t h e financial provisions accepted b y
t h e G o v e r n m e n t of t h e immigration c o u n t r y a n d which, therefore,
should b e included in t h e migration a g r e e m e n t s . Financial arrangem e n t s w i t h respect t o transfer of funds, carrying of a d m i n i s t r a t i v e
expenses a n d similar m a t t e r s , m a y be based on a percentage basis,
either of wages or of t o t a l costs involved, or on a fixed sum, according
t o whichever m e t h o d is m o s t a p p r o p r i a t e in particular cases.
It is suggested t h a t migration agreements should, therefore,
include financial provisions stipulating :
Administrative
Expenses.
(1) T h a t expenses incurred through the establishment and maintenance of assembly centres, including the maintenance of migrants
while in the centres, be borne by the Government of the emigration
country or the military occupation authority or the other authority
which has assumed responsibility, whichever m a y be appropriate ;
(2) T h a t expenses incurred through the establishment and maintenance of reception centres, including expenses resulting from the housing
and the maintenance of migrants until their hiring by individual employers, be borne by the Government of the immigration country ;
(3) T h a t expenses, incurred in the work of the Joint Technical
Committee, be borne jointly by the signatories of the agreement ;
Transport and Settlement
Expenses.
(4) T h a t t h e cost of transport of migrants from their place of residence to the assembly centres be borne by the Government of the emigration country, the military occupation authority or other authority which
has assumed responsibility, whichever may be appropriate ;
(5) T h a t the cost of transport of migrants, within one continent,
from t h e assembly centres to the reception centres or to the place of
employment be borne by the Government of the immigration country ;
(6) T h a t payment of settling-in allowances, special grants to workers
entering specified occupations or expenses incurred in providing workers
with equipment, clothing, etc., for undertaking specified occupations,
be borne by the Government of the immigration country ;
(7) T h a t repatriation expenses, if incurred through no fault of the
migrant, be borne jointly by the Governments of the immigration
country and of the country of which the migrants are nationals or other
authority which has assumed responsibility for the recruitment of the
migrants ;

PERMANENT MIGRATION

COMMITTEE

Transfer of Funds.
(8) That facilities may be granted by the Government of the immigration country for migrants to transfer, if desired, a fixed sum or proportion of earnings and allowances to accounts in the emigration country
or to the country in which the migrants' families are resident.
Special Provisions for Overseas Migration
9. Arrangements relating to overseas migration may require
special provisions for transport arrangements, including their
financing, and for further resettlement in case the migrants are
not permanently absorbed in the country of immigration. The
following provisions are therefore suggested :
Overseas Transport.
(1) That transport for migrants and their families be arranged by
the Government of the immigration country, the Government of the
emigration country, or other authority which has assumed responsibility, or the military occupation authorities, as appropriate ;
(2) That transport facilities available be supervised by the Joint
Technical Committee or its representatives, which should arrange for
inspection of the living conditions of the migrants on board ship ;
(3) That facilities for the shipment of migrants' belongings, furniture,
etc., be provided, where desired, in as expeditious a manner as possible ;
(4) That payment for transport be advanced by one or both of the
signatories of the agreement, and that, if desired, arrangements for
repayment by the migrant be set forth in special articles attached to the
agreement ;
Resettlement Arrangements.
(5) That in cases where migrants are not able, after a period to be
specified in the agreement, to become absorbed in the immigration country and to provide a reasonable standard of living for themselves and
their families, provision be made for repatriation, or if repatriation is
not possible, for settlement in another country.
Model Agreement
10. The subjects dealt with in the above suggestions as suitable
for inclusion in migration agreements are directly related to the
resolution adopted by the Permanent Migration Committee at its
meeting in Montreal in August 1946, in which it invited the Governing Body :
(a) to place on the agenda of the Second Session of the Permanent
Migration Committee, with a view to the subsequent consideration of
this question by the International Labour Conference, the question of
a model agreement for the use of Governments in negotiating conventions
and agreements regarding migration ;
(b) to authorise the Office, before the next session of the Permanent
Migration Committee, to consult Governments on the points that might
be inserted in such an agreement, including machinery for the execution of the agreement, such as, for example, bilateral technical committees.

APPENDICES

This resolution was approved by the Governing Body at its
100th Session (Montreal, October 1946), and in accordance with
this decision, the Office asked Governments to indicate their views
as to :
(a) the scope of the proposed model agreement, i.e., whether it
should apply (i) to permanent migrants or to temporary migrants or
to both ; (ii) to migrants for employment or to migrants for land settlement or to both ;
(b) the nature of the provisions to be included in the model agreement, i.e., measures for recruitment, introduction and placing of
migrants ; minimum requirements in working conditions including
wages and hours ; arrangements for social insurance, housing and other
related elements affecting the standard of living of both migrants and
nationals of the country concerned ; any other questions raised in negotiating agreements ;
(c) the machinery to be used to ensure the application of such an
agreement, i.e., the composition and functions of bilateral technical
committees ;
(d) any other points which might be included in the model agreement.
11. As few Governments have so far replied to these questions,
the Office is not yet in a position to put forward the views of Governments concerning the formulation of a model agreement. Since
a model agreement of this type would be of great assistance in
formulating the migration agreements recommended here, the
Committee may wish to suggest that the Governing Body urge
Governments to give immediate attention to this matter, if they
have not already done so, and forward their replies to the Office at
the earliest possible moment.
12. The Committee may, however, wish to suggest to the
Governing Body that a meeting of the Permanent Migration Committee should be convened at the earliest practicable date to consider
this question.
Geneva, 21 May 1947.

II
Report on Draft Model Migration Agreement
1. It will be recalled that by the resolution adopted on the
second item of its agenda, the Permanent Migration Committee at
its First Session (Montreal, August 1946) invited the Governing
Body :
(a) to place on the agenda of the Second Session of the Permanent
Migration Committee, with a view to the subsequent consideration of
this question by the International Labour Conference, the question of a
model agreement for the use of Governments in negotiating conventions
and agreements regarding migration :
(b) to authorise the Office, before the next session of the Permanent
Migration Committee, to consult Governments on the points that might
be inserted in such an agreement, including machinery for the execution
of the agreement such as, for exemple, bilateral technical committees.

PERMANENT MIGRATION

COMMITTEE

At its 100th session (Montreal, October 1946) the Governing Body
authorised the Office to undertake such consultation, and by a
circular letter of 11 December 1946 the Office enquired of Governments of Member States their views on both general and particular
points that they would wish to see included in the text of a model
agreement on migration.
International discussions which have
taken place on general problems of migration, and the importance
of which has been emphasised by the circular letter of 7 October
1947 reproduced in Annex A of the Report on the first item of the
agenda, likewise had for their object the drawing up of a model
agreement on migration. Furthermore, suggestions made in this
sphere by the Committee of European Economic Co-operation
(Paris, July-September 1947) may be recalled : its Manpower
Committee has in fact formulated various principles to serve as a
basis for the provisions of bilateral agreements to be concluded
between Governments for the purposes of recruiting foreign
manpower. 1
The desirability of formulating clauses which are internationally
acceptable and which Governments could include in their agreements
on migration depends above all on the results of the consultation
undertaken by the Office ; the majority of the replies coming from
States which have an interest in migratory movements have been
favourable to the drawing up of such a model agreement, while
at the same time they contain somewhat divergent suggestions as
to its structure and content.
2. Most of the Governments which have replied to the consultation consider that the model agreement should apply to permanent
and temporary migration for purposes of employment as well as to
migration for land settlement and that separate texts should be
drawn up for each of these forms of international migration. The
United States is of the opinion that separate agreements should be
drawn up even for different types of employment so as to include
particular provisions applying to one or another branch of economic
activity.
As to the nature of the provisions which should be included in the
model agreement the United Kingdom Government is of the opinion
that these should be subordinated to the results of the discussion
on the first item on the agenda ; once an understanding has been
reached on the most important fundamental principles the drawing
up of a model agreement would follow logically. The Swiss Government considers that model agreements should contain the details of
the application of the general rules formulated in the Convention and
the first Recommendation. On the other hand, the United States
Government suggests that agreements should not be restricted to
repeating principles already enunciated in the Convention but
should also treat all other fundamental points so as to serve as a
guide to Governments concerned with the regulation of conditions
of the employment and welfare of migrants.
The Governments of China, the United States and Sweden have
suggested provisions to be included in the model agreement. China
considers that the model agreement should provide for measures
relating to recruitment, introduction and placing of migrants, to
minimum conditions of work, to social insurance and to measures
1

Cf. Annex B of the Report of the Committee of European Economic
Co-operation, Vol. II, Technical Reports (London-Paris, 1947).

APPENDICES

designed to ensure the application of the agreement. Sweden is of the
opinion that particular attention should be given to the organisation
of employment services and to the equality of treatment between
national and foreign workers, especially from the legal point of view
and as regards social policy. The United States makes very detailed
suggestions as to provisions which should appear in the model agreements. These should contain, in particular, provisions regarding
accurate information for migrants ; the selection to be carried out
in the country of emigration under the control of the Government ;
exemption from customs duties by the country of immigration on
the personal belongings and tools of migrants ; reception of migrants
and special assistance on their arrival ; contracts of employment
(written in a language which the migrant can understand and containing precise information regarding terms and conditions of engagement, wages, the taxation system, social security, employment
guarantees, etc.) ; and the application to migrants and members of
their families, so far as possible, of the rights enjoyed by nationals.
In the case of migration for land settlement, the United States
Government suggests several provisions designed to ensure the
safeguarding of the interests and the success of the settlers (technical
assistance, regulation of financial obligations, geographical position
and means of access to the lands on which migrants are to settle).
As far as the machinery to ensure the application of the provisions
of model agreements is concerned, the Governments of the United
States and Switzerland advocate the establishment of bilateral
technical committees. The latter Government, however, emphasises
that such committees should have a purely consultative function.
It should be noted that the United States Government suggests
provisions to be included in agreements concerning refugees and
displaced persons : it considers that clauses should provide, in particular, for the recognition of the International Refugee Organisation
as an organ for co-ordination between the Government of the country
of immigration and refugees and displaced persons and as responsible
for the legal and political protection of these immigrants. Moreover,
the validity of the contracts of refugees and displaced persons should
be guaranteed permanently by the country of immigration, which
should not have the power subsequently to change these contracts
by its legislation. The annulment of the contract should in no case
result in the deportation of the refugee or displaced person to his
country of origin ; it should be possible for these immigrants to
obtain the nationality of the country of immigration and to enjoy
conditions of work and all rights and privileges ordinarily granted to
other immigrants.
(The following note, summarising the observations of the Governments
of France, New Zealand, the Netherlands, and Norway, was also submitted to the Permanent Migration Committee, in the form of a supplement
to the present report. As the comments it contains were received after the
report had been completed, they were not taken into consideration in the
preparation of the succeeding paragraphs. The note is reproduced here
for information.)
Scope of the Proposed Model Migration Agreement.
The French Government considers that the agreement should apply
both to permanent and temporary migrants, although there should be
special provisions for migrant workers and for settlers.

PERMANENT MIGRATION

COMMITTEE

The Norwegian Government expresses the opinion that the agreement should cover both permanent and temporary migrants, as well
as all occupational categories.
The Netherlands Government wishes the agreement to apply to
temporary as well as to permanent migrants, with a separate model
agreement for migrant settlers. At the same time, another model
agreement might cover trainees, who would be admitted under different
conditions.
Nature of the Provisions to be included in the Model Agreement.
According to the French Government, Recommendation No. 62
seems to cover most of the points which should be dealt with by bilateral agreements and which might be included in the model agreement ;
in addition, there might be provisions in the model agreement relating
to the points contained in Paragraph 9, subparagraphs 1, 2 and 3 of
Recommendation No. 61.
The Norwegian Government considers that the agreement should
cover most of the points included in the Convention and the two Recommendations, such as the repression of misleading propaganda and the
control of information given to the migrants and of advertisements ;
the agreement should also provide for an exchange of information between the Governments and define the institution or authority entrusted
with this task as well as the methods by which it might be accomplished.
Similarly, it would be desirable to prevent movements of workers from
creating either shortages or surpluses of labour ; for this reason, the
Norwegian Government proposes that countries which conclude migration agreements should agree on one model form to be used by persons
applying for employment, and another by those offering employment.
The former would contain all useful data concerning the prospective
emigrant (personal history, training, qualifications, family obligations,
state of health, conduct) ; the latter would indicate the name and address
of the employer, the nature of the job, and working, living and transport
conditions for the emigrant and, where appropriate, for his family. The
model agreement should, moreover, contain provisions relating to the
transfer of the worker's wages and savings to his country of origin, to
his return, to the transport of his personal effects and equipment and
to customs exemptions on such effects and equipment, and to the migrant's right to social insurance benefits and family allowances.
The Government of New Zealand would like the agreement to contain provisions particularly on the following points, in addition to the
special clauses which may be necessary in every case : fa) measures
and procedure for recruitment ; (b) methods of selection ; (c) arrangements for transport and payment of fares ; fd) assurances regarding
employment and welfare ; and fe) equality of treatment on arrival.
The Government of the Netherlands considers that the points included
in Recommendation No. 62 might be covered in the model agreement,
and adds that provisions relating to the transfer of funds should not
prevent migrants from fulfilling obligations which they may have in
their country of origin. In addition, it would like the agreement to deal
with the following matters : (a) designation of the bodies entrusted with
the execution of the agreement ; (b) medical examination ; fc) assimilation of migrants with the nationals of the immigration country (replacement by the employment offices and equality of rights with respect
to social legislation) ; fd) right to retirement pensions and social insurance and conservation of any acquired rights with respect to social
insurance both in the emigration and the immigration country ; fe) procedure for complaints respecting the application of the employment
contract, accommodation, food, etc. ; (f) arbitration in case of disputes ;
and (g) ratification of the agreement.

APPENDICES

Machinery to be used to ensure the Application of the Agreement.
The French Government advocates the creation of two bilateral
committees, similar to those established by the Franco-Italian agreement, one of which is entrusted with the settlement of difficulties of
principle and the other with the solution of the practical problems which
may arise in connection with the recruitment, transport and placement
of workers. Both include representatives of the competent authorities
of both countries and the latter, which is a permanent committee, meets
approximately once a month.
The Norwegian Government considers that the public employment
service authorities should be responsible for supervising the application
of the agreement through a representative bilateral body, which would
follow the evolution of the employment market situation in the countries
concerned and direct recruitment operations in conformity with the
clauses of the agreement. On this subject, the Government calls attention to the draft Convention establishing a common Northern European
employment market, the ratification of which would make the employment service authorities responsible for the execution of its clauses,
which are on the whole in agreement with the general principles set
forth in Convention No. 66. However, it considers that in the case
of transfers of workers to remote countries, it would be desirable to
provide for a somewhat different procedure, although the basic principles
would remain the same.
The Government of the Netherlands would like bilateral technical
committees to undertake the task of settling all questions relating to
the execution of the agreement or to the study of the laws and regulations of one country with respect to the nationals of the other. Where
appropriate, these committees should make proposals concerning the
modification or extension of the provisions of the agreement or the
application of the laws and regulations in force. The agreement would
determine the number of representatives from each country, who could
be assisted by experts.
3. The text of a draft model agreement is annexed, containing
clauses which, by co-ordinating the views and conditions of different
countries, can be used by Governments which negotiate conventions
and agreements on migration.
The various points which have been taken into consideration for
inclusion in the draft model agreement are founded naturally on
the principles and suggestions contained in the Convention and the
Recommendations concerning migration for employment, 1939,
on those contained in the resolution of the Technical Conference of
Experts on Migration for Land Settlement, of 1938, and in the resolutions subsequently adopted in the general field of international
migration. Account has also been taken of the opinions expressed
by the Governments in reply to the consultation, as well as of the
most recent practice in the matter.
4. Finally, it should be emphasised that the model agreement
which is submitted should not be mandatory and that the States
which negotiate bilateral migration conventions will remain free to
insert in them only certain of the clauses which are included and to
complete these with other provisions or even to modify them. It
is a question not of a model agreement which should be used integrally in the framing of bilateral conventions, but rather of a series
of model clauses which might usefully be inserted in such arrangements, when the States concerned intend to regulate particular
questions.

PERMANENT MIGRATION

COMMITTEE

GENERAL CONSIDERATIONS

5. The concrete measures that the countries concerned are called
upon to take for the regulation of migratory movements vary considerably according to the political, economic and social conditions
of the countries themselves and, in consequence, according to the
interests, needs and intentions of each of these countries. Moreover,
it is not possible in a model agreement to envisage and to include
every hypothetical case which might arise in practice. The different
clauses should therefore, in certain cases, be drafted in terms which
are sufficiently general and flexible, formulating rules which may be
followed as generally as possible, and leaving the terms of application to subsequent detailed arrangements to be agreed upon between
the countries concerned. But even in the case of a reference to complementary agreements, the stipulation of a general agreement of
the type presented here would result in facilitating the conclusion
of subsequent arrangements concerning the terms of application
of principles already agreed upon. Such arrangements could often be
concluded at the administrative level rather than through
diplomatic channels, a procedure which is likely to accelerate and
simplify bilateral agreement on points left undecided, and to facilitate
the application of these provisions.
6. Nevertheless, even if it is not always possible to draw up
detailed clauses applicable in every case which might arise in practice,
it is necessary and possible to determine, at least on broad lines, the
provisions which are applicable to one form of migration rather than
another. Certain measures, it is true, can apply to all migratory
movements, since the methods of regulation are uniform, irrespective of the nature and aims of the movement. Other measures,
on the contrary, only apply if migration is of a specific type and they
exclude measures which should be taken in the case of the regulation
of other forms of migration:
It is therefore necessary for a distinction to be made between
migration for employment and migration for land settlement.
Certain clauses of the model agreement will differ according to
whether the question concerns the regulation of migration for land
settlement or migration for employment. A distinction can also
be made in many cases, within the framework of migration for employment, between temporary migration and permanent migration,
since the measures taken for the permanent settlement of a worker
in the country of immigration do not arise when the worker must
return to his country of origin at the end of the period for which he
has been recruited and engaged in the country of immigration. Here
the difference between the two forms of migration is not always a
simple or a possible one to make, since very frequently in practice
bilateral agreements concern at the same time temporary migration
and permanent migration, even though—setting aside certain welldefined categories of migrants, such as seasonal labourers—workers
who emigrate on a temporary basis can be called upon to stay in
the country of immigration for a period sometimes extending to
several years and even to settle there permanently.
7. This is one of the reasons which, together with the advantage
that this procedure presents from the point of view of form, have led
to the conclusion that it was preferable to draft a single model

APPENDICES

agreement rather than three separate texts for temporary migration
for employment, permanent migration for employment, and migration for settlement, and more especially since on many points these
texts would have included, as has just been emphasised, clauses
which were drafted in the same terms.
The draft model agreement has, then, been divided into three
parts. The first part (Title I) contains clauses which are applicable,
apart from several changes of small importance, to migration for
settlement and to temporary and permanent migration for employment. However, as certain provisions apply solely to migration for
land settlement and others solely to temporary or to permanent
migration for employment, a distinction between the provisions has
been made in the text : those which are not applicable to temporary
migration for settlement but are applicable to migration for settlement and to permanent migration for employment have been
italicised ; those which apply solely to migration for land settlement
have been enclosed within parentheses. The second part (Title II)
contains clauses which could be included in agreements concerning
migration for employment. In spite of the fact the text of the clauses
is sometimes different, depending on whether the question concerns
measures regarding movements which are clearly temporary or
movements which are of a distinctly permanent character, it has
seemed preferable to group these provisions within the same framework so as to permit the contracting parties—when they do not
intend or are not able to define and clearly fix the scope of their
agreement, according to the duration of the migratory movement—
to choose and use for their text clauses suggested both for temporary
and for permanent migration. In the text of the agreement the
provisions which apply solely to migration of a clearly permanent
character have been italicised. The third part (Title III) comprises
clauses which concern only migration for land settlement ; the provisions of this part are designed to replace the clauses of the second
part in the case of agreements concerning migration for settlement.

PROVISIONS OF THE MODEL AGREEMENT

8. It would appear to be superfluous to examine in detail the
different points which are dealt with in the draft model agreement ;
nevertheless, certain aspects of special importance call for explanation.
In clause 2, apart from the measures concerning suppression of
misleading propaganda, it seemed advisable to provide at the same
time for the suppression of illegal emigration and immigration, while
leaving to the countries concerned the task of taking the necessary
measures to carry it out.
Clause 5 provides for the agreement of the two contracting parties
with regard to the persons or bodies charged with the respective
operations ; the provisions relating to the authorisation of these
persons or bodies to carry out the different operations, as well as
the conditions on which this authorisation is granted and maintained,
rest within the competence of the respective national legislation.
On the other hand, it has seemed desirable to stipulate that the costs
relating to these operations should not be borne by migrants themselves.

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The determination is the criteria to be adopted for recruitment is
left under the terms of clause 6 to the bilateral technical committees,
it being impossible to insert in the model agreement uniform criteria
for the selection of migrants. The bilateral technical committees
should be at the same time charged with the task of fixing the
numerical importance and character of the migratory movement over
a determined period and its distribution between zones of recruitment and placing ; this would permit the migratory flow continually
adapted to the economic and social conditions of the respective
countries, without necessitating the conclusion of new bilateral
arrangements at the end of each period.
Provisions have been included in clauses 7 and 8 for giving information and assistance to migrants, either on their departure from the
country of emigration or on entry into'the country of their destination, on all matters relating to travel, employment, residence and
settlement.
Clauses 9 and 10 provide respectively for the conditions in which
t h e voyage should be carried out and the system for meeting the
expenses. Detailed conditions regarding transport should figure in
a supplementary arrangement, while the bilateral technical committee should be charged with the supervision and control of the
respective provisions. Subsequent agreements would also be necessary to establish the methods for allocating transport expenses since
the combinations of circumstances which might arise would vary
considerably according to the purposes and possibilities of the different countries and to whether continental or intercontinental
migration was involved.
As a result of the present economic situation of a great many countries it has appeared necessary to propose special provisions to
facilitate the transfers of migrants' savings and other sums (clause 11).
The agreement might similarly contain principles governing the
withdrawal of funds from the country of emigration. In any case,
detailed matters such as decisions on the size of sums to be transferred
and the terms of transfer should be the subject of subsequent arrangements made by the bilateral technical committees.
Although as regards adaptation and naturalisation of migrants,
the regulations should be based on the national legislation of the
countries concerned, or on international agreements already concluded, the model agreement might envisage the possibility of providing facilities for the naturalisation of all those who, for reasons of
employment or land settlement, desire to establish themselves
permanently in the country of immigration.
Clauses 13 and 14 provide that the bilateral technical committees
should collaborate with national bodies with a view to safeguarding
the interests of migrants and avoiding all misunderstandings and
difficulties which might arise in this sphere.
Clause 16 on final provisions would give the model agreement an
indefinite duration which would correspond more closely to the
character of the agreement. On the other hand, it has seemed advisable to suggest measures which would tend as far as possible to
avoid the consequences to migrants of a sudden suspension of migration.
9. Clauses 17 to 22 on equality of treatment, conditions of work
and living, settlement, food and housing, and contracts of employment do not appear to call for any explanation.

APPENDICES

101

It should be emphasised, however, that on questions of social
security the scheme envisaged for migrants calls for separate
agreements so as to adapt it to the national legislation of the respective countries. For this reason clause 21 provides for the carrying
out of the principle of equality of treatment and the assurance to
migrants of the maintenance of rights acquired or in process of acquisition in this matter. This might lead to the formulation of fundamental and uniform principles which could be used by the several
States with a view to concluding separate bilateral agreements
on social security questions.
Under clause 23 special care should be taken in regard to the
re-employment of a migrant whose physical or occupational capacities, in spite of the selection made before his departure, prove to be
unequal to the work for which he was recruited.
Provision for a guarantee of employment for a minimum period
is made in clause 24.
The right to acquire property, as well as access to trades and
occupations might also be provided for in the agreement, according
to the two hypotheses envisaged in clause 25 : if the national legislation provides for discrimination in regard to foreigners, the country
of immigration should, wherever possible, accelerate the procedure
for naturalisation.
Clause 26 on repatriation contains measures which vary according
as to whether temporary or permanent migration is involved. In every
case, however, repatriation should be organised and take place in
consultation with the bilateral technical committees, which are also
responsible for the task of determining and supervising the conditions
in which repatriation shall take place.
10. In regard to land settlement, the technical and financial
measures vary considerably from one country to another according
to national legislation and policy. The large number of possible cases
which may call for bilateral collaboration, and the financial, technical
and administrative difficulties which at the present time characterise
the work of land settlement, prevent the formulation of uniform
rules which can be internationally accepted. Moreover, subsequent
arrangements on plans for land settlement and on the economic and
social conditions for settlers will be necessary for the realisation
of an effective bilateral collaboration. Nevertheless, such plans
could be based on general principles, which it seems useful to enunciate and to insert in a general agreement on the subject with a view
to facilitating the work of land settlement. Clauses 30 to 34 deal
with this question.
In conformity with the measures for land settlement which the two
countries may contemplate, the subsequent agreements should deal
with the conditions for the granting or transfer of lands (clause 30),
the application of the system of taxation (clause 31), the carrying out
of development works and preparation of the land (clause 32), the
furnishing of tools and supplies (clause 33), and the construction
of housing (clause 34). The bilateral technical committees would be
charged with the drawing up of such agreements and with the preparation of plans for land settlement (clause 36) and the individual
contracts for settlers (clause 37).. In the two latter clauses it seemed
expedient to indicate the essential points which should be inserted in
these plans and contracts for land settlement, so as to determine
precisely the conditions of land settlement and to give to settlers an

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adequate guarantee for their success and the protection of their
interests. As regards the latter, mention should again be made of
the desirability of including provisions regarding the financial
obligations of settlers (clause 35) : the greatest possible facilities
should be granted to them in connection with the repayment of
advances which they have received.
The final' clauses of the agreement (38 to 41) contain provisions
designed to facilitate the maintenance of settlers—in case they are
unable to maintain themselves by their own resources—during the
initial period of settlement on the land, and to ensure to them a
technical training—in case their occupational knowledge is insufficient or inadequate—through the system in force in the country
of immigration. In both cases, the Government of the country of
immigration might assume the expense of maintaining the settlers or
might furnish them with remunerative employment, the conditions
of engagement of which should correspond to those applicable to
migrants for employment.

MACHINERY FOR APPLICATION OF THE AGREEMENT

11. It will have been noted from the foregoing that reference has
frequently been made to bilateral technical committees. This is
the machinery contemplated to ensure the carrying out of the
different measures provided for in the agreement and in many cases
to supplement the general regulations already agreed upon by
detailed rules or orders.
Such bilateral technical committees were established by a large
number of bilateral agreements concluded during the period between
the two wars and even since the recent war ; their creation was also
envisaged by Recommendation No. 62 of 1939 on co-operation
between States. Clause 15 of the draft model agreement deals with
the functions, operation and composition of these bodies, which
might become the mainspring of bilateral co-operation in the sphere
of migration.
12. The functions which might be entrusted to these bodies could
be divided into three categories :
(1) the framing of provisions to supplement the agreement ;
(2) the supervision and enforcement of the measures provided
for in the agreement and in subsequent arrangements ; and
(3) the subsequent modification and adaptation of provisions
already agreed upon with a view to improving bilateral regulation.
Among the duties included in the first group are the determination of conditions and criteria for recruitment, the amount permitted and the conditions for the transfer of funds from one country
to another. In the sphere of land settlement, the duties might be
broadened to include the drawing up of plans and, in a general way,
the fixing of technical and financial conditions for land settlement.
In still other cases, although the text of the agreement does not
provide for it explicitly, the bilateral technical committees might,
as circumstances require, fix the terms of application of certain
provisions (the conditions and cost of transport and social security
schemes).

APPENDICES

103

As regards the application of the provisions of the agreement
or of subsequent arrangements, the bilateral technical committees
might be entrusted with the supervision and enforcement of the
conditions for the recruitment and placing of migrants, their outward
voyage and their return by land or by sea, their stay in the assembly
centres and, if such exist, in reception centres, as well as measures
taken for the information and assistance of the migrants themselves.
Furthermore, the committees might usefully be called upon to
co-operate with the competent authorities of the country of immigration in the supervision of conditions of work and living of migrants, and to participate in the settlement of disputes which might
arise. In the case of migration for land settlement, their tasks would
include the supervision of the execution of plans for land settlement
and the related measures.
As far as the other tasks are concerned, it would be desirable
to make it possible for the said committees not only to modify and,
in certain cases, fix the general conditions of engagement agreed to in
model contracts of employment, but also to suggest to Governments
any measures and any modifications of the agreement which would
improve the conditions in which the migration between the two
countries takes place and, in the case of land settlement, to draw up,
organise and put into effect technical and financial co-operation to
facilitate the movement.
13. The broadening of the mandate of these bodies suggests the
creation for each migration agreement of two bilateral technical
committees rather than of one only. The evolution of the organisation of migration, especially in recent years, has led already in some
cases to the creation of two bilateral technical committees, one of
which has its seat in the country of emigration and the other in the
country of immigration, rather than a single Committee having its
seat alternately in one country and in the other. Furthermore,
even where a double organisation of this type has not been approved
in bilateral agreements, the need for the competent services of one
country and the representatives of the other to keep in contact in
fact provides for such co-operation in both countries.
14. So far as the composition of the bilateral technical committees is concerned, the participation of representatives of employers
and workers might be envisaged in all cases where it is possible ;
it would be left to the Governments concerned to decide if these
committees should be tripartite organs or if the representatives
of employers and workers should have a purely consultative voice.

R O L E OF THE INTERNATIONAL LABOUR OFFICE

15. By the resolution on the second item of its agenda, the
Permanent Migration Committee, at its First Session, considered it
" desirable that there should be co-ordinated international responsibility on migration questions, more particularly for :
(a) the collection of information from Governments and other
sources concerning migration ;

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(b) the sending of suitable study missions at the request of the
Governments concerned with a view to investigating settlement
conditions and planned migration schemes in individual countries ;
(c) the giving of advice to emigration and immigration countries
in formulating and carrying out migration schemes, and, if
desired, the placing at their disposal of suitable experts ; and
(d) co-operating with Governments and with the international
organisations concerned in promoting and financing migration
in relation to industrial or agricultural development schemes."
16. Apart from measures which might subsequently be taken
to ensure and organise the co-ordination of such international
responsibility, it would be desirable at present to envisage, by means
of provisions to be inserted in the model agreement, the direct
participation of the International Labour Office in the machinery for
co-operation between States in regard to migration. This is particularly desirable in view of the general conclusions adopted by the
International Labour Conference at its 30th Session (Geneva, June
1947) x with reference to a Convention and Recommendation on
employment service organisation. According to these conclusions it
was agreed that the Office should assist in drawing up agreements
concerning international co-operation of employment services.
17. This is why such participation has been provided for in
the draft model agreement in matters concerning the exchange of
information between Governments and in the activity of the bilateral technical committees.
As far as information on migration is concerned, clause 1 provides
that Governments, in exchanging information on questions relating
to emigration and immigration, should at the same time transmit
this information to the International Labour Office. Clause 15
provides, in respect of co-operation with the bilateral technical
committees, that, at the request of delegates of the Governments
represented, the International Labour Office could be called upon
to lend its assistance to the carrying out of the various duties with
which the committees are charged.
SCOPE

18. Finally, it should be emphasised that the draft model
agreement would be applicable to all negotiations on migration questions which might take place between Governments of sovereign
States. The same provisions, however, might be found applicable
also to the migratory movements of free workers in Germany,
incorporating the changes rendered necessary by the fact that such
agreements would be concluded between the Government of a country
of immigration and the authorities in control of the territory in
which recruitment is carried out, or with any other authority competent in the matter in virtue of the decisions of the Allied Military
Council or of the provisions of the treaties of peace.
1
Paragraph 9 of these conclusions is as follows : " International
co-operation among employment services in conjunction in appropriate cases with the competent migration authorities, to be promoted,
where appropriate, by bilateral agreements concluded by the Governments concerned, these agreements to be concluded, if the two Governments desire it, with the assistance of the International Labour Offlce. "

APPENDICES

105

CONCLUSIONS

19. As the Permanent Migration Committee affirmed in its
resolution on the second item on the agenda voted upon at the
conclusion of its first session, the drawing up of a model agreement
on migration has a specific aim, namely, the formulation of clauses
which the various Governments might usefully employ when concluding conventions and arrangements on the subject. The different
points which it would be expedient to insert in such a text are in
many ways closely related to the provisions included and to the
measures suggested in the texts of the Convention and the two
Recommendations concerning recruitment, placing and conditions
of labour of migrants for employment, in their new form after their
revision, since, to a certain extent, the model agreement could
include methods of application of the general principles enunciated
in the new international instruments.
20. The Permanent Migration Committee might therefore
consider the desirability of suggesting that the text of the model
agreement be annexed to the Recommendation on co-operation between States which, as a result, would have to be revised. In this
way, the States Members of the Organisation, while taking into
account conditions existing in their own countries, might, by means
of clauses which are internationally accepted, give effect to the
provisions of a general nature contained in the Convention and the
first Recommendation.
21. The Permanent Migration Committee may also, however,
wish to examine the question of bringing to the consideration of
States Members the text of such a model agreement, so that the
Governments concerned might, even before the drawing up of a
Recommendation on this subject, base their negotiations on one
or other of these clauses, if they so desire.
Annex

DRAFT MODEL AGREEMENT ON TEMPORARY
AND PERMANENT MIGRATION FOR EMPLOYMENT
AND MIGRATION FOR LAND SETTLEMENT
TITLE I. PROVISIONS APPLICABLE TO TEMPORARY AND PERMANENT
MIGRATION FOR EMPLOYMENT AND TO MIGRATION FOR LAND
SETTLEMENT 1

Clause 1. Exchange of Information
1. (1) The competent services of the country of immigration
shall periodically advise the competent services of the country of
emigration concerning the possibilities and conditions of immigration. This information shall include :
1
The passages in italics are not to be included in agreements on
temporary migration for employment ; those which are enclosed within
parentheses are to be included solely in agreements on migration for
settlement.

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(a) the policy as well as legislative and administrative provisions
in regard to entry, employment, residence and settlement of foreign
workers (settlers) ana of their families ;
(b) the number, occupational categories and technical qualifications
of migrants desired ;
(c) conditions of work and of living for migrants and, in particular,
salaries in cash and in kind according to occupational categories
and regions of employment, possible supplementary allowances,
type of work, duration of contract, possible bonuses on engagement, social security schemes, conditions relating to the transport
of migrants and of their tools and belongings, conditions of
housing and of the supplying of food and clothing, provisions
relative to the transfer of funds belonging to migrants and other
sums owing in virtue of this agreement ;
(d) possible special facilities accorded to migrants ;
(e) facilities and organisation of general, vocational, and technical
education for migrants ;
(f) measures designed to promote a quick and general adaptation of
migrants (material conditions and means for their settlement,
methods of hygiene able to facilitate their adaptation to the climate,
organisation of recreational activities);
(g) procedure and formalities regarding naturalisation ;
((h) provisions of land law and agrarian law relating to land settlement ;)
((i) the system of agricultural credit, the co-operative organisation,
etc. ;)
((j) lands open for settlement and the system for the acquisition,
concession and exploitation of lands by individual settlers,
groups of settlers or settlement organisations ;)
((k) the geographical position of lands available for settlement
especially as regards means of communication for the inflow and
outflow of products ;)
((I) general development works to be undertaken or already completed by the competent services of the country of immigration ;)
((m) type of exploitation, climatic conditions and methods of cultivation and husbandry in the different regions where available
land is located ;)
((n) settlement organisations, their programmes, their activities,
their technical and financial position ;)
((o) taxes or charges of all types payable by settlers and settlement
organisations ;)
((p) control exercised by central and local public authorities as well
as the aid such authorities would give to the work of settlement ;)
((q) conditions for the reception and settlement of migrants on
available lands ;)
((r) the cost of installation, necessary working capital and an estimate
of the net yield from different types of production (agriculture,
horticulture, husbandry) ;)
{(s) transport organisation and costs as well as conditions for the
outflow of products.)

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(2) The competent services of the country of emigration shall
bring this information to the attention of those concerned through
the bodies charged with this service.
II. (1) The competent services of the country of emigration
shall periodically advise the competent services of the country
of immigration concerning the possibilities and conditions of
emigration. This information shall include :
(a) the policy and legislative and administrative provisions concerning emigration ;
(b) the number and occupational qualifications of candidates for
emigration, as well as the composition of their families (or of
the group) ;
(c) the social security system in force ;
(d) facilities which might be accorded to migrants ;
(e) the environment and conditions of living to which migrants are
accustomed ;
(f) the financial resources of the migrants and provisions in force
regarding the export of capital.
(2) The competent services of the country of immigration shall
bring this information to the attention of those concerned through
the bodies charged with this service.
III. The information mentioned in paragraphs I and II above
shall be transmitted by the respective Governments to the International Labour Office.

Clause 2. Suppression of Misleading Propaganda and
Illegal Migration
1. The Governments of the two countries shall apply, in their
respective territories, all measures capable of repressing propaganda
which is misleading or which is contrary to the national interests in
matters of emigration or immigration.
2. The Governments of the two countries shall agree on the
application within their respective territories of measures capable of
preventing the illegal departure or illegal entry of migrants and of
their families.
Clause 3. Administrative

Formalities

1. The Governments of the two countries agree to take measures
capable of accelerating and simplifying the carrying out of administrative formalities and of any other steps necessary for the departure,
travel, entrance, residence and settlement of migrants.
2. The members of migrants' families shall receive the same advantages and facilities as well as a priority over other applications for
permission to leave the country of emigration and to enter, reside in and
settle in the country of immigration.

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Clause 4. Validity of Personal Documents
The Government of the country of immigration recognises for all
purposes the validity of any document issued by the competent
services of the country of emigration, concerning (a) civil status ;
(b) position before the law ; (c) participation in social security
schemes ; and (d) vocational training and education of migrants
and of members of their families.

Clause 5. Organs for and Cost of Recruitment,
Placing and Settlement

Introduction,

1. The. persons or bodies whose task it is to carry out recruitment,
introduction, placing and settlement of migrants and of members of
their families shall be appointed by the respective Governments
of the two countries and recognised by common agreement.
2. Any recruitment, introduction, placing or settlement carried
out by unauthorised persons or bodies shall not be valid and any
engagements entered into as a result of the activities of such persons
or bodies shall be void.
3. Costs pertaining to recruitment, introduction, placing and
settlement shall in no case be borne by the migrants themselves.

Clause 6. Criteria and Conditions of Recruitment
1. The bilateral technical committee provided for in clause 15,
I, shall fix :
(1) the numerical importance and occupational categories of
migrants to be recruited in the course of a determined period ;
(2) the members of the family of the migrant authorised to accompany
him or to join him ;
(3) the zones of recruitment and the zones of placing and
settlement ;
(4) the conditions of age, physical aptitude and health required
of migrants and of their families, as well as vocational aptitudes for
the different branches of economic activity and for different occupational categories.
2. The said conditions shall be brought to the attention of those
concerned by the competent services of the country of emigration.

Clause 7. Organisation of Recruitment
1. Recruitment shall be organised through the competent persons
or bodies of the country of emigration in agreement with those of the
country of immigration.

APPENDICES

109

2. In an assembly or selection centre—established in the country
of emigration through the competent services of that country in a
locality fixed by agreement with the competent Government department of the country of immigration—candidates for emigration shall
undergo an examination for physical and occupational aptitudes,
according to rules and regulations fixed by the bilateral technical
committee provided for in clause 15, I. This examination shall be
carried out jointly by the competent persons or bodies of the country
of immigration with those of the country of emigration, assisted by
doctors and technicians as may be judged useful.
3. The migrant accepted after the medical and occupational
examination in the selection or recruitment centre shall receive all
the information he might still require on the nature of the work for
which he has been engaged, the region of employment (of settlement),
the undertaking to which he has been assigned, the conditions of
travel and conditions of work and living (and of settlement) in the
country and region of his destination. He shall also receive a copy of
the individual contract concluded with the employer (the settlement
organisation).
Clause 8. Organisation of Introduction,
Placing and Settlement
1. On arrival in the country of their destination,or, as the case
may be, in a reception centre, migrants and the members of their
families shall receive all the documents which they need for their
work, their residence and their settlement in the country, such as a
permit to work, a residence permit, rationing card, a card of affiliation with professional associations, social insurance card, etc.
2. They shall also receive information, instruction and advice
regarding :
(a) conditions of employment, settlement, food and housing in the
country and region to which they are going ;
(b) place of destination and journey to reach it ;
(c) administrative formalities to which they are subject in virtue
of laws and regulations in force ;
(d) possibilities of learning the language of the country ;
(e) hygienic measures capable of facilitating their acclimatisation
and preventing sickness ;
(f) means at their disposal for acquiring or perfecting thè knowledge
of a trade ;
(g) organisation of social services ;
(h) fundamental rights and duties of immigrants ;
(i) fundamental economic and social conditions of the country ;
(f) legal and administrative provisions regarding naturalisation;
(k) any other problem which might arise as a result of the residence
of the immigrant in the country of immigration.
3. Migrants and the members of their families shall then be
assigned and sent to their respective destinations.
t

110

PERMANENT MIGRATION

COMMITTEE

Clause 9. Conditions of Transportation
1. During the trip from their place of residence to the assembly
or selection centre, as well as during their stay in the said centre,
migrants and the members of their families shall receive from the
Government of the country of emigration any protection and assistance which they might require. They shall also be entitled to free
food and lodging and, as the case may be, to a daily indemnity.
2. During the trip from the assembly or selection centre to the
place of their destination, as well as during their stay in a reception
centre, should the case arise, migrants and the members of their
families shall receive from the Government of the country of immigration any protection and assistance which they may require.
They shall also be entitled to free food and lodging and, as the case
may be, to a daily indemnity.
3. The transportation by sea of migrants and of the members
of their families shall be carried out in conformity with the laws and
regulations in force.
4. The Governments of the two countries shall fix the terms
and conditions for the application of the provisions of this clause by
means of a separate agreement.
5. The bilateral technical committees provided for in clause 15
shall ensure, each in those matters which concern it, the supervision
and control of the conditions in which the transportation of migrants
and of the members of their families is carried out.
Clause 10. Travel Expenses
1. The cost of travel by land of migrants and of the members
of their families from the place of their residence to the place of their
destination, the cost of their maintenance while travelling and during
their stay in the assembly or selection centre and, as the case may be,
in the reception centre, as well as the cost of transportation of personal belongings and tools shall be at the expense of the employer
and/or of the Government of the country of immigration, in conformity with the provisions of a separate agreement between the
Governments of the two countries.
2. The price of the passage for intercontinental transportation
by sea shall be based on a reduced rate good for all migrants and for
the members of their families.
The costs of the reduced fare for migrants and members of their
families as well as the cost of transportation of their personal belongings and their tools shall be borne in conformity with the terms
fixed in a separate agreement between the two Governments.
Clause 11. Transfer of Funds
1. The Government of the country of emigration undertakes to
authorise and to provide facilities for migrants and for members of
iheir families to withdraw from their country such sums as they
may need for their residence and for their settlement abroad.

APPENDICES

111

2. The Government of the country of immigration undertakes to
authorise and to provide facilities for the regular transfer, to the
country of emigration, of migrants' savings and of any other sum
owing in virtue of this agreement.
3. The transfers of funds mentioned in paragraphs 1 and 2 above
shall be made at the most advantageous rates of exchange and without any charge to the migrants themselves.
4. The Governments of the two countries shall take all measures
necessary for the simplification and acceleration of administrative
formalities regarding the transfer of funds, so that such funds may
be available to those entitled to them with the least possible delay.
5. The bilateral technical committees provided for in clause 15
below shall decide, each for those matters in which it is concerned, the
amount and the terms and conditions of the transfer of funds from
one country to another.

Clause 12. Adaptation and Naturalisation
1. The Government of the country of immigration shall take measures
to:
(a) ensure and facilitate adaptation to national climatic, economic and
social conditions, and also to
(b) facilitate and, as the case may be, accelerate the procedure of naturalisation
of migrants and of members of their families desirous of settling permanently in the country.
2. The Government of the country of emigration shall take the
measures necessary in order that the said persons willingly abide by all
regulations concerning education and training designed to facilitate such
adaptation as well as by all formalities required for their naturalisation.

Clause 13. Application of Conditions of Work and Living
(and of Land Settlement Plans)
The supervision and the control of the application of conditions
of work and living of migrants (and of land settlement plans) shall be
ensured by the competent services and the competent organisations
of the country of immigration, in agreement with and with the collaboration of the bilateral technical committee provided for in
clause 15, II.

Clause 14. Protection of the Interests of Migrants and
Settlement of Disputes
1. The migrant and his respective employer (settlement organisation) shall be able to apply at any time, and as often as they judge
to be necessary, to the bilateral "technical committee provided for

112

PERMANENT MIGRATION COMMITTEE

in clause 15, II. The said committee shall endeavour to settle as far
as possible such difficulties as arise and, in the case of a dispute, to
institute judicial proceedings at the national tribunal competent in
the matter.
2. The powers enjoyed by the consular authorities of the country
of emigration in the territory of the country of immigration are not
affected by the above provisions.

Clause 15. Bilateral Technical Committees
I. (1) A bilateral technical committee, including representatives
of the services concerned and the representatives of professional
associations of employers and workers of the two countries (as well
as experts on land settlement), is established. It shall have its
headquarters in the country of emigration and shall meet at the
request of delegates of the country of emigration or of the country
of immigration.
(2) In addition to the tasks entrusted to it under clauses 6,
9, 11, 22, 26, 38, 40, 41 of this agreement, the said committee is
charged with the supervision of operations and of the control of
conditions of living of migrants and of members of their families in
the assembly or selection centre and, in a general way, with the supervision and control of the application of any provision concerning
the operations which take place in the country of emigration. It
shall be competent to consider any other question concerning the
emigration of workers (settlers) and of members of their families ;
it shall report to the Governments concerned and shall suggest to
them any measure and any modification or extension of this agreement designed to improve conditions of the migratory movement
between the countries, in general or in particular.
II. (1) A bilateral technical committee, including representatives of the services concerned and the representatives of occupational
associations of employers and workers of the two countries (as well
as experts on land settlement), is established. It shall have its headquarters in the country of immigration and shall meet at the request
of delegates of the country of immigration or of the country of
emigration.
(2) In addition to the tasks entrusted to it under clauses 9,11,
13, 14, 23, 24, 26, 30, 31, 32, 33, 34, 35, 36 and 37 of this agreement,
the said committee is charged with the supervision of operations and
of the control of conditions of living of migrants and of members of
their families on their arrival in the country of immigration and, as
the case may be, in the reception centre and, in a general way, with
the supervision and control of any provision of this agreement
concerning the operations which take place in the country of immigration. It shall be competent to consider any other question concerning immigration, employment, residence, and settlement of migrants
and of members of their families. It shall report to the Governments
concerned and shall suggest to them any measure and any modification or extension of this agreement designed to improve conditions
of the migratory movement between the two countries, in general or

113

APPENDICES

in particular. (It shall formulate, organise and put into practice any
measure of technical or financial collaboration to facilitate settlement.)
III. In the course of their work, the two above-mentioned
bilateral technical committees shall act with the assistance of the
International Labour Office (and other competent public international organisations) if the request is made by the representatives of
the two Governments.
Clause 16. Final Provisions
1. This agreement shall remain in force as long as one of the
two Governments has not made known, on condition of six months'
notice, its desire that the agreement be terminated.
2. In the case where the validity of this agreement shall have
ceased, the provisions contained in it relating to contracts of employment (settlement contracts), which at the date of the termination
of the agreement remain in force, shall remain applicable to the said
contracts until the expiration of their validity.
3. In case the recruitment, introduction, placing or settlement
of migrants for employment and of members of their families should
be temporarily suspended, the Government which takes such a
decision shall inform the other Government as long as possible before
the entry into force of such a measure. In any case, the said suspension shall not affect those who have already left their place of residence.
4. Any difficulty or any dispute which may arise on the application of this agreement shall be settled through diplomatic channels.
TITLE II.

PROVISIONS APPLICABLE TO TEMPORARY OR PERMANENT
MIGRATION FOR EMPLOYMENT 1

Clause 17. Equality of Treatment and
Clause

Most-Favoured-Nation

1. The Government of the country of immigration shall grant to
migrants and to the members of their families a treatment no less
favourable than that which it grants to its own nationals in virtue
of legal or administrative provisions or collective labour agreements.
This equality of treatment extends to all provisions of the same
kind which may be introduced in the future in different spheres.
2. In matters regarding settlement, the Government of the country
of immigration shall apply to migrants and the members of their families
the treatment enjoyed or to be enjoyed by the nationals of the most
favoured nation.
1
The passages in italics are not to be included in agreements on
temporary migration for employment ; those which are enclosed within
parentheses are to be included solely in these agreements.

114

PERMANENT MIGRATION

COMMITTEE

Clause 18. Conditions of Work and Living
Equality of treatment shall apply in particular to :
(a) remuneration for services, whatever it may be, bonuses, allowances and supplementary indemnities ;
(b) other conditions of labour—hours of work, days of rest, holidays
with pay, minimum age qualifications, night work, work of women
and adolescents, homework, etc. ;
(c) employment taxes, dues or contributions payable by the person
employed ;
(d) hygiene and security ;
(e) trade union freedom, as well as the rights and duties inherent
in affiliation with occupational associations ;
(f) legal proceedings concerning the contract of employment ;
(g) admission to schools, to apprenticeship and to courses or schools
for vocational or technical training ;
(h) recreation and welfare measures.
Clause 19. Conditions Relating to Food
1. The same treatment shall be applied to migrants and the members of their families as is applied to national workers in the same
occupation, as regards matters concerning food and, if necessary, the
distribution of foodstuffs to consumers.
2. The competent services of the country of immigration shall
take all measures necessary to ensure to migrants and the members
of their families a diet corresponding as far as possible to that to
which they are accustomed.
Clause 20. Housing

Conditions

1. The competent services of the country of immigration shall
take all measures necessary so that migrants and the members of their
families have hygienic and suitable housing, of the same type as
that of nationals of the same region, and on the same conditions.
2. Adequate priorities shall be granted for the construction and
equipping of housing for migrants and the members of their families.
Clause 21. Social Security
1. Equality of treatment shall apply also in the field of social
security, and especially as regards family allowances, accidents at
work and occupational diseases, sickness, unemployment, invalidity,
old-age and widows' and orphans' insurance.
2. The Government of the two countries shall fix in separate
agreements the terms for the application of this principle as well as
measures designed to ensure to migrants and their beneficiaries the
maintenance of rights acquired or in course of acquisition in social
security matters, taking into account the international scheme for the

APPENDICES

115

maintenance of rights under invalidity, old-age and widows' and
orphans' insurance provided for by international labour Convention
No. 48.
Clause 22. Contracts of Employment
1. Migrants for employment shall be engaged on the basis of an
individual contract of employment corresponding to a model contract
drawn up by the Governments of the two countries for the different
branches of economic activity and different occupational categories.
2. The bilateral technical committee provided for in clause 15,
I, above shall be empowered to amend the text of the model contracts
as experience suggests or changing circumstances dictate.
3. The individual contract of employment should not be substituted in any respect for the collective agreements or regulations
in force fixing the conditions of employment in the country of immigration for workers as a whole in the undertaking or branch of economic activity for which migrant workers are engaged.
4. The individual contract of employment shall reproduce the
general conditions of engagement and employment of the respective
model contract and shall be drawn up in or translated into a language
which the migrant understands.
5. The individual contract of employment shall specify :
(a) the name and surname of the worker as well as the date and
place of birth, his family status, his place of residence and of
recruitment ;
(b) the nature of work to be performed ;
(c) the occupational category assigned and the conditions of promotion to higher grades ;
(d) remuneration for services, in cash or in kind, for ordinary hours
of work, overtime, night work and holidays ;
(e) bonuses, indemnities and allowances which might be added to
remuneration ;
(f) special bonuses on recruitment or on engagement ;
(g) any deductions which the employer is authorised to make from
remuneration for taxes, dues or contributions ;
(h) housing conditions, if housing is to be provided or obtained by
the employer ;
(i) conditions regarding food, if food is to be provided or obtained
by the employer ;
(f) the duration of the contract as well as the conditions of renewal
and denunciation of the contract ;
(k) conditions to which entry and residence in the country of immigration are subject, such as the holding of employment in the
branch of economic activity for which the migrant has been
recruited ;
(I) the method of meeting the expenses of moving the migrant for
employment and the members of his family ;
{(m) the method of meeting the expenses of repatriation.)

116

PERMANENT MIGRATION COMMITTEE

Clause 23. Change of Employment
In the case where the employment for which the migrant worker
has been recruited does not correspond to his physical or occupational
aptitudes, the competent services of the country of immigration, in
consultation with the bilateral technical committee provided for
in clause 15, II, above, shall provide facilities for the placing of the
said migrant in an employment corresponding to his aptitudes:
During the period of possible unemployment, the maintenance of the
migrant and of the members of his family shall be at the expense of the
Government of the country of immigration.
•,

Clause 24. Employment

Guarantee

1. The Government of the country of immigration guarantees
to each migrant worker employment for a period of X months at
conditions provided for in this Agreement. This guarantee is renewable for a similar period.
2. In case the migrant for employment becomes supernumerary
in the undertaking or branch of economic activity for which he was
engaged before the expiration of the period of his contract, the
competent services of the country of immigration, in consultation
with the bilateral technical committee provided for in clause 15,
II, of this Agreement, shall facilitate the placing of the said migrant
in other employment corresponding to his capacity and aptitude. In
case the migrant does not have a right to the furnishing of assistance
or unemployment insurance, his maintenance as well as that of members of his family during a possible period of unemployment shall
be at the expense of the country of immigration.

Clause 25. Access to Trades and Professions and the Right
to Acquire Real Estate x
A. Equality of treatment shall
also apply to :
(lithe
acquisition, possession
and transmission of urban or rural
DroDertu •
. . .
.
/n.
(2) access to trades and professions.

B. So as to permit migrants for
employment and the members of
thdr
to be able
famiff
.t
*> a c ? « r e »
^ Z ^ Î n T ^ Z ^ Z ^ Z
property and to have access to
trades and professions, with the
ieast possible delay and on the same
conditions as nationals, the Government of the country of immigration
shall make available to the said persons an accelerated procedure for
naturalisation.

1
Paragraph B is designed to replace paragraph A in the case where
equality of treatment in the country of immigration does not extend
to permitting migrants to acquire real estate and according them access
to trades],'and professions.

117

APPENDICES

Clause 26. Repatriation
1. A. In case the Government
of the country of immigration,
following a change in the situation
in the employment market, should
be forced to remove from its
nalional territory migrants admitted
according to regular procedure and,
as the case may be, the members of
the families of such migrants, the
competent Government department
of the country of immigration shall
inform immediately the competent
Government department of the country of emigration. The cost of travel
and maintenance while travelling
of migrants and the members of
their families, from the place of their
employment to the place of their
original residence, as well as the
cost of transporting their personal
belongings and tools, shall not be
borne by the migrants themselves.

(1. B. The cost of the return
trip from the place of employment
in the country of immigration to
the place of residence of the migrants in the country of emigration, as well as the cost of their
maintenance while travelling, shall
not be borne by migrants either if
their contracts have expired or if
the denunciation or breaking of
their contract is not their own
fault.)

2. The bilateral technical committees provided for in clause 15
of this agreement, together with the competent services of the two
countries, shall take the measures necessary to organise the repatriation of the said persons and to ensure to them while they are travelling
the advantages, protection and assistance which they enjoyed during
the outward journey.
3. The Government of the country of emigration shall exempt
the personal belongings and the tools of migrants from customs duties
on their arrival.

TITLE

III.

PROVISIONS APPLYING SOLELY TO MIGRATION
FOR SETTLEMENT *

Clause 27. General Conditions of Settlement
Settlers and their families shall enjoy in the territory of the
country of immigration, the same facilities, advantages and privileges
accorded or to be accorded to the nationals of the most favoured
nation.
1
Paragraph 1A of this clause, applicable only to permanent migration, shall be replaced in the case of temporary migration by paragraph IB.
s
The clauses which follow are designed, in the case of migration for
settlement, to replace clauses 17 to 26 above.

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PERMANENT MIGRATION COMMITTEE

Clause 28. Societies with Economic and Social Aims
The Government of the country of immigration shall facilitate
the organisation and functioning of co-operative societies for consumption, credit, production, mutual aid and welfare, education,
and any other society with aims of an economic and social character.
Clause 29. Social Security
1. The Governments of the two countries agree to fix, by common
agreement, the social security scheme to apply to migrants for settlement and their families, together with the terms of its application.
2. As soon as they have arrived at the undertaking migrants for
settlement and their families shall benefit from medical, pharmaceutical and hospital assistance in case of sickness and accidents at
work.
Clause 30. Granting and Transfer of Lands
The conditions for the granting and transfer of lands to migrants
for settlement shall be fixed on the basis of the national legislation of
the country of immigration by the bilateral technical committee
provided for in clause 15, II, of this agreement.
Clause 31. System of Taxation
Migrants for settlement and the members of their families shall
enjoy an exemption from (or a reduction of) taxation under such
conditions and for sucn a time as shall be fixed by the bilateral
technical committee provided for in clause 15, II, on the basis of
the national legislation of the country of immigration.

Clause 32. Works of Preparation and Development
1. General works of preparation and development of the lands
on which migrants are to settle shall be carried out at the expense of
(or with the financial assistance of) the Government of the country of
immigration.
2. The bilateral technical committee provided for in clause 15,
II, shall decide which works of preparation and development shall
be completed or well advanced before the settlement of migrants
on their respective lands.

Clause 33. Tools and Supplies
Tools and supplies necessary for exploitation shall be furnished
to migrants by the settlement organisation on terms and conditions
to be fixed by the bilateral technical committee provided for in
clause 15, II.

APPENDICES

Clause 34.

119

Housing

Settlers and the members of their families shall be entitled to
housing which fulfils appropriate conditions of hygiene and installation. The construction or outfitting of housing shall be carried out at
the expense of (or with the financial assistance of) the Government
of the country of immigration according to terms which shall be fixed
by the bilateral technical committee provided for in clause 15, II.
Clause 35. Financial Obligations of Migrants
for Settlement
In any transaction which the migrant shall agree upon with the
settlement organisation (for travel, granting of lands, carrying out of
works of development and preparation, construction or outfitting
of housing, furnishing of tools and supplies, etc.) the financial obligations of the migrant shall be extended over a period not less than
20 years from the third year of his settlement and at a rate of interest
not more than 1 per cent, greater than the official rate of discount in
force in the country of immigration.
Clause 36. Land Settlement Plans
1. Any operations for land settlement by groups shall be the
object of a special convention to be framed between the Governments
of the countries concerned and containing detailed plans for land
settlement drawn up and approved by the bilateral technical committee provided for in clause 15, II.
2. In the drawing up of such plans the said committee shall be
empowered to visit and to examine on the spot lands destined for
settlement.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

3. Plans for land settlement shall include :
a description of the lands for settlement ;
the number and size of lots assigned to each family or group ;
the type of cultivation suitable in these regions and lands ;
conditions relating to the clearing and preparation of these
lands ;
conditions for the organisation of production and of markets ;
conditions for the financing of the expenses falling upon the
central or local public authorities, the settlement organisation
and the migrant respectively ;
conditions for the control exercised over the plan by the central
or local public authorities, and the assistance they will give to
the execution of the plan ;
the taxation system ;
conditions and facilities afforded to migrants for settlement and
the members of their families as regards :

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PERMANENT MIGRATION COMMITTEE

(i) the liquidation of their goods in the country of emigration
and the transfer of their belongings to the country of immigration ;
(ii) their transportation from the place of their residence to the
place of settlement ;
(iii) their settlement in the undertaking ;
(iv) their general and vocational training ;
(v) their maintenance during the period preceding the sale
of the first crop ;
(vi) the furnishing of tools and supplies ;
(vii) social security schemes ;
(j) any other measure taken by the country of emigration and the
country of immigration to facilitate settlement.

Clause 37. Individual Contract for Settlement
1. Migrants shall be installed on the farm or settlement centre
on the basis of a contract concluded with the settlement organisation,
the terms of which shall have been previously approved by the
bilateral technical committee provided for in clause 15, II.
2. This contract, drawn up in or translated into a language
which the migrant understands, shall include :
(a) the name and surname of the migrant, the date and place of his
birth, his family status, his original place of residence ;
(b) the exact description of lands granted or transferred ;
(c) the type of exploitation suitable in the region and on these lands ;
(d) conditions for the granting or transfer of these lands ;
(e) conditions relating to the clearing and preparation of these lands ;
(f) the taxation system ;
(g) conditions relating to the organisation of production and marketing ;
(h) conditions relating to the construction or outfitting of housing ;
(i) conditions relating to the furnishing of tools and supplies ;
(j) conditions relating to the transportation of the migrant and
the members of his family from the place of their residence to
the place of the settlement ;
(k) conditions relating to the general and vocational training of
the migrant and of the members of his family ;
(I) conditions relating to the maintenance of the migrant and the
members of his family during the period preceding the sale of
the first crop ;
(m) social security schemes ;
(n) any other obligation on the part of the State, the settlement
organisation or the migrant ;
(o) provisions relating to the transmission of the rights and duties
of the migrant and the denunciation of the contract.

APPENDICES

121

Clause 38. Technical Training of the Migrant
So as to become familiar with the agricultural methods, language,
customs and climate of the òountry and with the organisation of
production and marketing of the products of the undertaking, migrants for settlement shall have the opportunity of spending a period
of instruction in an agricultural undertaking or on a training farm
under conditions and for a period to be determined by the bilateral
technical committee provided for in clause 15, I.
Clause 39. Maintenance of Migrants for Settlement during the Initial
Period
The Government of the country of immigration shall guarantee
the maintenance of migrants for settlement and the members of
their families from the time of their arrival at the undertaking until
the time when the first crop shall have been sold, as well as during
any period of instruction as provided for in clause 38 above,
(1) in assuming responsibility for the various expenses, or
(2) in furnishing to migrants and, as the case may be, to members
of their families, a remunerative employment.
Clause 40. Maintenance at the Expense of the Government
In case the Government of the country of immigration, in conformity with clause 39 above, shall assume the responsibility for
the cost of maintenance of migrants and the members of their families, the latter shall be entitled to food and housing and, as the case
may be, to a daily allowance the amount and terms of payment of
which shall be fixed by the bilateral technical committee provided
for in clause 15, I.
Clause 41. Conditions of Employment
1. (a) In case the migrants for settlement and, where necessary,
the members of their families should be called upon to perform work
on behalf of an employer, in conformity with clause 39 above, they
shall enjoy treatment no less favourable than that accorded by the
Government of the country of immigration to its own nationals in
virtue of legal or administrative provisions or of the provisions of
collective labour agreements.
(b) This equality of treatment shall apply especially to conditions of work, the taxation system as it affects labour, hygiene and
security, assistance and social insurance, food and housing and right
of affiliation to occupational associations.
2. (a) Migrants for settlement and, where necessary, the members of their families shall be engaged on the basis of an individual
contract of employment in conformity with the model contract
annexed to this Agreement.

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P E R M A N E N T MIGRATION

COMMITTEE

(b) The bilateral technical committee provided for in Clause
15, I, shall be empowered to amend the model contract as experience
may suggest or changing circumstances dictate.
(c) In no case shall the individual contract of employment be allowed to replace collective agreements and regulations in force in the
country of immigration which fix general conditions of work for
workers as a whole in the undertaking or in the region.
(d) The individual contract of employment shall fix the general
conditions of engagement and employment of the model contract
and shall be drawn up in or translated into a language which the
migrant understands.
(e) The individual contract of employment shall specify :
(i) the name and surname of the migrant as well as the place
and date of his birth, his family status, the place of his
original residence and his new domicile ;
(ii) the nature of work to be performed ;
(iii) the duration of the contract as well as the conditions of
renewal or denunciation of the contract ;
(iv) hours of work ;
(v) remuneration for services, whatever it may be, in cash or
in kind, as well as bonuses, indemnities, and allowances
which might be added to remuneration ;
(vi) any deduction which the employer is authorised to make
from remuneration for purposes of taxation ;
(vii) conditions of housing and food.

Ill
Report on Technical Selection and Training of Migrants
1. At its first session, Montreal, August 1946, the Permanent
Migration Committee adopted a resolution on the question of technical selection and training of migrants. This resolution listed
certain principles which should govern the organisation of the
technical selection and training of migrants and invited the Governing Body of the International Labour Office to place the question
of the technical selection of migrants and provisions for their training
on the agenda of an early session of the International Labour Conference. The Resolution also emphasised the desirability of countries
of emigration and immigration giving full and accurate information
concerning these questions. During its discussion, the Committee
suggested that the International Labour Office should prepare a
questionnaire based on the detailed points contained in the resolution
and send it to the countries which are interested in migration movements in order to obtain information from them.
2. This questionnaire was sent to the Governments in December
1946. It was divided into two parts : one concerned the technical
selection of migrants and asked for information on the establishment
of selection criteria, on the nature of these criteria, on past experience

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123

of emigration and immigration countries, on the organs responsible
for selection, and on international co-operation in this field ; the
other part related to the vocational training of migrants and asked
what information and instruction was given to the migrants, what
was the organisation of their vocational training in general and of
the special courses placed at their disposal, what were the methods
of financing the training of migrants, and how far such training was
organised on the basis of bilateral or multilateral co-operation.
3. Various Governments sent answers containing interesting
information on the present organisation of the technical selection
and training of migrants. It is partly on the basis of these answers
that the International Labour Office has prepared a general report
on the present stage of development of those two aspects of migration
movements. It has not been possible, however, to use only the
information received from the various Governments, as it was
rather of an incomplete nature, for the following reasons :
(a) only seventeen Governments supplied information on the
technical selection and training of migrants. 1 Obviously, this left
considerable gaps in the documentation concerning the present
organisation of technical selection and training of migrants throughout the world, from the point of view of both emigration and immigration countries ;
(b) the Office questionnaire was based on the resolution adopted
by the Permanent Migration Committee, which concerned chiefly
unilateral action to be taken by the various countries to organise
the technical selection or training of migrants. It could therefore
be interpreted as a request for information on such unilateral
measures. Since the first session of the Committee, however, the
chief developments, particularly in the field of selection, have been
brought about by bilateral action. Some of the Governments with
experience in the bilateral organisation of technical selection have
supplied some very useful data on the subject. Other Governments,
however, did not make a detailed description of the methods used ;
the information supplied by them rather relates to the provisions
contained in national legislation concerning the selection and training
of migrants.
4. Under those conditions, the report which the International
Labour Office submits to the Permanent Migration Committee, in
accordance with the decision taken by the Governing Body at its
103rd Session to place the question of technical selection and training
of migrants on the agenda of the second session of the Committee,
has been prepared not only on the basis of the answers to the questionnaire, but of other information available to the Office.
5. The Committee will therefore find in the following pages a
general description of the organisation of the technical selection
and training of migrants. This note is submitted for its information,
and because it seems to support the conclusions found on the last
pages of this Report, concerning possible international action in the
1
Australia, Belgium, Canada, China, Denmark, France, Greece,
Hungary, Italy, New Zealand, Norway, Portugal, Sweden, Switzerland,
Union of South Africa, United Kingdom and United States.

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field of the technical selection and training of migrants. These
conclusions include an analysis of the principles to which present
experience in the organisation of those two aspects of migration
movements seems to point, an evaluation of the possibility of
formulating rules for general application in this field, and some
suggestions as to ways in which such rules might be applied (by the
unilateral action of the countries concerned, by bilateral agreements,
or by international measures).
T H E TECHNICAL SELECTION OF MIGRANTS

Introduction
6. The technical selection of migrants is organised within the
framework of general migration regulations. Such regulations
include restrictions relating, for instance, to the number of migrants
to be admitted, to their financial resources, to their state of health
or to the protection of the national employment market. Technical
selection often has similar aims, and for this reason, it is sometimes
difficult to distinguish it from general selection. On the whole,
however, it may be said that the latter is chiefly concerned with
the need to eliminate potential migrants considered undesirable for
various reasons ; technical selection, on the contrary, according to
the terms of the resolution adopted by the Permanent Migration
Committee at its first session, should not be used for the purpose
of restricting migration, but of helping the migrant to adapt himself
to the conditions of the country of immigration.
7. Provisions concerning the technical selection of migrants are
often found in the national legislation of the countries concerned.
Indeed, it is to the advantage of both emigration and immigration
countries that migrants should fulfil conditions which may ensure
their successful re-establishment. Moreover, selection makes it
possible to take into account the interests of the countries themselves.
Thus, thanks to selection, emigration countries are able to retain
at home persons belonging to occupations where a manpower
shortage may be caused or made more serious by their departure.
Similarly, immigration countries tend to select not only those
migrants whose success seems ensured, but those who will contribute
in the most useful way to the national economy after their arrival.
8. The years of unemployment caused by the economic depression
before the war had resulted in a tendency to regulate migration
movements restrictively. At that time several countries adopted
measures which prohibited the admission of foreign workers except
when the competent authority could prove that they would not
take jobs which might be filled by national workers. These measures
are still in force. However, the attitude of immigration countries
has changed with the appearance of manpower shortages. Instead
of restricting the immigration of workers, they encourage it. But
they insist on the need to select them, for two reasons : on the one
hand, in order to prevent the immigration of workers belonging to
occupations in which no manpower shortage is felt in the receiving
country, since such immigration might create unemployment — (in
this they follow the principle on which pre-war legislation was based) ;

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125

and, on the other, in order to see to it that the recruited workers
have the necessary qualifications and aptitudes for the occupations
in which they will be employed.
9. In order to ensure the efficient application of this policy,
countries of immigration wishing to obtain large numbers of
selected workers coming from specific countries usually put themselves in contact with the emigration countries concerned. Thus,
during the war, when the United States had to recruit agricultural
and railroad workers abroad, they concluded with a number of
neighbouring States a series of bilateral agreements providing for
the technical selection of migrants. Since the end of the war,
Argentina, Belgium, Czechoslovakia, France, Sweden, and the
United Kingdom also concluded treaties with Italy. Belgium,
Brazil, Chile, Colombia, Ecuador, the Netherlands, Peru, Sweden
and Venezuela have signed agreements with the Intergovernmental
Committee for Refugees, which provide for the selection of displaced
persons. In all these agreements, the criteria of occupational
selection are all the more strict when the manpower shortage which
is to be met is more specially localised in certain occupations. In
this respect, the time factor also plays a part. For temporary
migration, as in the case of the United States or of the recruitment
of Italian workers for the United Kingdom and Sweden, for instance,
selection tends naturally to eliminate all workers who do not have
the exact qualifications required ; the immigration country does not
wish to see part of their period of engagement taken up by vocational
training. On the contrary, in the case of more permanent migration,
selection criteria may be more flexible and may be based not only
on the workers' qualifications and experience, but on their aptitudes
and ability to adapt themselves to new occupations.
10. The following pages contain a description of the selection
criteria in use in various countries, and of the general organisation
of selection. It has been attempted in this general note to distinguish
unilateral provisions to be found in the legislation of several countries
and aimed at the regulation of migration in general from measures
relating to organised migration (recruitment of workers or land
settlers), which are often established by bilateral agreements.
Selection Criteria
Establishment of Criteria.
11. Selection criteria are usually established by administrative
instructions, in the light of the manpower needs of emigration and
immigration countries. Such is the case in Australia, China,
France, Hungary, New Zealand, Sweden, the Union of South Africa
and the United Kingdom. However, the legislation of several
countries of Latin America contains detailed provisions concerning
the age and the family composition of migrants and preferences to
be granted to certain occupational groups, and the rules concerning
the physical or sanitary conditions to be met by the migrants are
also established by legislation in most countries.
12. Recently, however, several countries have established
selection criteria through migration agreements as a result of bilateral

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consultations. The criteria are either included in the text of the
agreements—when it indicates the categories of migrants to be
recruited, as in the case of the agreements between Italy, on the one
hand, and Belgium, Czechsolovakia, Sweden, and the United
Kingdom on the other—or they may appear in supplementary
protocols or be determined by later negotiations : thus the FrancoItalian Agreement of 27 March 1947 establishes a Permanent Technical Committee at Rome, which includes representatives of both
countries and of the French and Italian trade union organisations,
and is responsible, inter alia, for examining age, health, and other
conditions to be fulfilled by the migrants.
13. The bilateral procedure seems to present great advantages,
as it makes it possible to take into account not only the needs of
the immigration country, but the manpower resources of the emigration country. Moreover, selection can be organised more efficiently
if uniform criteria are accepted by the two countries concerned.
Criteria relating to Health.
General medical selection. 14. The legislation of most countries
provides for the medical selection of migrants. Its purpose is to
eliminate on the one hand, persons with contagious diseases, and,
on the other, persons with physical or mental defects which may
prevent them from earning their own subsistence. In some cases,
medical control is more rigid, as in Sweden, where workers applying
for an employment contract are submitted to an examination in
order to detect any physical defects which might prevent them
from accepting the employment which they wish to hold. A similar
type of selection is carried out in Norway, not at the time of the
worker's admission, but at the end of two years, if he applies for a
permanent employment and residence permit.
15. Some emigration countries, such as Hungary and Italy,
also provide for medical supervision, and require every emigrant to
undergo before departure a medical interview to ascertain that he
does not suffer from any contagious illness and that he fulfils the
conditions of the immigration country. In Switzerland, too, the
Federal Act concerning the operations of emigration agencies
prohibits agents from sending persons who for reasons of age, illness
or infirmity are incapable of working, unless their maintenance is
ensured in the immigration country.
Medical selection in organised migration. 16. In the case of
collective or individual migration regulated by agreements, detailed
regulations ensure a thorough medical control carried out by the
authorities of the two countries concerned. Thus, for the recruitment of Italian workers for Argentina, Belgium, Czechoslovakia,
France, Sweden and the United Kingdom, the agreements concluded
by these countries with Italy since the end of the war provide for a
preliminary medical selection of migrants carried out by the Italian
authorities and which takes place in the area of residence. This
examination is divided into two phases. In the first place, the health
officer of the commune of residence decides on the worker's general
physical aptitude on the basis of an interview and of all documents
which may contain relevant information, including those relating

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127

to military service. A list of illnesses and physical defects considered
as counter-indications for mine labour has been drawn up for the
use of health officers in recruiting miners. Before leaving their
province of origin, workers are submitted to a second medical visit
carried out at the Anti-tuberculosis Dispensary closest to the assembly
centre by the staff of the Dispensary and, if need be, with the help
of specialists (oculists, dermatologists, etc.). This visit includes
an objective examination, X-ray examination and laboratory tests.
The purpose of these examinations is to eliminate migrants with
infectious or contagious diseases or whose recovery would necessitate
hospitalisation.
17. The second phase in the selection of migrants takes place
in the assembly centre located in the north of the country, where
migrants are sent before leaving for the immigration country. This
selection is carried out by doctors appointed by the immigration
country, in co-operation with the Italian authorities.
18. When the State participates in the financing of migration
movements, medical control is also fairly strict. Such is the case
in Australia and in New Zealand for migrants wishing to be admitted
under the Assisted Immigration Scheme. Persons recruited for
mental hospitals in the latter country must undergo, in addition to
a general medical examination, an X-ray examination, and it is
proposed from now on to make those two examinations compulsory
for all assisted emigrants. In Switzerland, the granting of loans
to emigrants is subordinated to the observance of certain regulations
relating, inter alia, to their physical aptitudes.
Criteria relating to Psychological Qualifications.
19. Outside of police regulations in force in most countries and
which prohibit the admission of persons of dubious character or
having been convicted of serious offences, little attention has been
given until now to the psychological characteristics of migrants
capable of facilitating their adaptation in the immigration country.
However, in granting admission and employment permits, Sweden
gives preference to those alien workers who may be expected to
adapt themselves easily to Swedish living and working conditions.
The same is true in Norway for the grant of permanent residence
and employment permits to workers who apply for them at the
end of two years' residence. However, these two countries do not
base their decision on a psychological examination destined to
ascertain the adaptability of the migrant, but on general indications. In the recruitment of nurses for mental hospitals in New
Zealand, on the contrary, officials responsible for the selection of
candidates in London verified whether they had the psychological
qualifications necessary for the type of work which they would
have to perform. The same thing will be done in future for all
assisted immigrants, and immigration authorities will have to check
that there is no incompatibility between the temperament of the
person concerned and the occupation in which he is to be employed.
Criteria relating to Age and Family

Composition.

Age. 20. Migration of minors is strictly regulated both by
countries of emigration and immigration. Legislation usually

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provides that children below a certain age (varying from fourteen
to eighteen years as a rule) may not go from one country to another
unless they are accompanied by their parents or are going to join
them abroad. In the latter case, they are placed under the safeguard
of a reliable person who takes them to their destination. But these
regulations are rather aimed at the protection of young migrants
than at their selection with a view to their adaptation to the conditions of the immigration country.
21. However, criteria based on the age of the migrant are applied
by several countries in the technical selection of migrants, in order
to eliminate those who seem either too young or too old to earn
their own living. Since care must be taken not to give an arbitrary
nature to this criterion, as working capacity at a given age varies
from one person to another and according to the nature of the
occupation, age limits are usually fairly wide, take into account the
amount of physical exertion needed, and are aimed at particular
categories of workers.
22. Age criteria are applied in the selection of migrants for land
settlement particularly. In Chile, it is customary to admit only
migrants from eighteen to fifty years of age. In Uruguay, the
limits are from eighteen to sixty years of age. In Venezuela,
immigrants over fifty-five years of age cannot usually enter as land
settlers. In China too, it is considered that agricultural migrants
should be at least twenty years of age.
23. The bilateral agreements concluded by Italy with various
countries also indicate quite often age conditions to be fulfilled by
the migrants, taking into account the possibility of their adaptation
to specific occupations. The maximum age limit, for migrants
going to Argentina, is thirty-seven years for unmarried persons ;
forty years for married persons ; thirty years for unaccompanied
women ; and fifty-five years for technical managing personnel.
Workers recruited for the Belgian coal mines should not be over
thirty-five years of age in principle or, exceptionally, forty years of
age. France seeks to obtain young workers in their full physical
strength. Miners should be between eighteen and thirty-five years
of age. However, the upper limit may be pushed back to fortyfive years in the case of workers with qualifications for pit work
or similar work, since they can participate in production without
undergoing preliminary vocational training, and since, in addition,
their adaptation to the work is certain, while there is a certain
element of doubt for inexperienced workers, whatever the general
aptitudes which they seem to have for mine work. In the United
Kingdom, the authorities entrusted with the selection of foreign
workers choose preferably candidates between eighteen and fifty
years of age. The Italian workers recruited for Czechoslovakia
must be between twenty and forty-five years of age. Exceptionally,
young persons from eighteen years of age will be accepted for surface
work in the mines or as building workers, metallurgists and electricians, and from sixteen years of age for agricultural work.
In Australia, an age limit is set for non-British as well as British
assisted immigrants. Only British subjects who do not come under
the assisted immigration plan are exempted from it. The age limit
is thirty-five, forty-five, fifty or sixty years respectively for un-

APPENDICES

129

married British women, single or married people without children,
persons accompanied by their children or parents joining their
children.
In New Zealand, only immigrants below fifty years of age could
benefit from assisted passages before the war ; for skilled agricultural
workers, the age limit was forty-five years of age, and for domestic
workers, forty years of age. It is proposed in future to assist only
candidates between twenty and thirty-five years of age.
Family composition. 24. Family composition is a factor which
plays a part chiefly for land settlement, and it is mainly in new
countries that provisions on this subject are to be found. Thus,
in Brazil, the Law of 18 September 1945, stipulates that in planned
immigration and colonisation schemes organised under State control,
preference will be given to the families of immigrants composed of
at least three persons between fifteen and fifty years of age and able
to work. In Ecuador, the Government concluded in 1946 an agreement with a colonisation undertaking providing, inter alia, that
when land is placed at the disposal of land settlers, preference must
be given to those accompanied by their families. In Paraguay,
agricultural migrants whose families include at least five persons are
among the categories of privileged immigrants.
25. Even in migration other than for land settlement, certain
countries favour the immigration of workers accompanied by their
families, for they consider that this makes their adaptation to new
conditions more rapid. Such is the case in France, where a circular
of 20 January 1947 encourages the families of immigrant workers
to join them when employers can put adequate accommodation at
their disposal. The same is true in Belgium in the case of miners
recruited either in Italy or in the displaced persons' camps.
26. Other countries, however, are opposed to the immigration
of whole families. Thus, for the admission for large groups of foreign
workers, the Norwegian Government has often given preference
to unmarried persons, as it considers that their assimilation is easier,
especially if they marry Norwegian citizens. New Zealand plans
in future to contribute only to the passages of unmarried migrants.
Criteria relating to Occupational

Qualifications.

General occupational selection. 27. The legislation of several
countries provides for the regulation of emigration and immigration
in order to prevent such movements from creating either a shortage
or a surplus of manpower in the occupational categories concerned,
and to ensure that employment conditions accepted by foreign
workers are not inferior to those recognised in the immigration
country. In the case of emigration, legal provisions usually stipulate
that the emigrants will not be given emigration permits by the
competent authority if they belong to occupational categories which
it would be preferable to keep in the country. Such is the case in
Italy and in Norway, for instance. In Portugal, the Emigration
Board must determine the number of migrants allowed to leave
for each foreign country, on the one hand, and, on the other hand,
the number of migrants who can be selected in each region and in
each occupation.

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28. For immigration, the method of selection varies. In most
European countries, such as Belgium, France, Norway, Sweden,
Switzerland and the United Kingdom, for instance, as well as in
Australia, New Zealand and the Union of South Africa, the competent
authority decides, in the light of the manpower situation, whether
or not to admit immigrants belonging to certain occupational
categories. Other countries provide that a certain proportion of
all immigrants must be destined to certain occupations. Thus, in
Brazil, 80 per cent, of all immigrants must be agriculturists. Several
other Latin-American countries only admit immigrants belonging
to certain enumerated occupational categories, or at any rate give
them a preference over others. However, little information is
available on methods used to check on the occupational capacity
of the migrants. In the case of persons bound by employment
contracts, which is the current procedure in Europe, it is left to the
employer to ascertain whether they have the necessary qualifications.
Occupational selection in organised migration. 29. Occupational
selection is much more thorough in the case of organised migration
and is based not only on the occupational category to which the
migrant states that he belongs on the one hand, and on the capacity
of absorption of the employment market, on the other, but chiefly
on his qualifications. The problem is to find immigrants for certain
jobs rather than to ensure that there are jobs available for prospective
immigrants.
30. The Italian workers recruited in accordance with the bilateral
agreements concluded by Italy undergo a thorough technical examination. A circular of the Italian Government of 12 March 1947
states that the Provincial Recruitment Committee shall give its
opinion, from the technical and occupational standpoint, on the
selection of the workers, basing its conclusions on their occupational
aptitudes and on the present manpower resources and needs of the
locality concerned. Technical selection must tend to eliminate
all candidates whose success in the immigration country does not
seem fully certain. Each worker must then submit to the technical
committee of the immigration country, located in the north of Italy,
his workbook or a declaration signed by a recent employer or a
similar declaration drawn up by the provincial recruitment commission, as a proof of his occupational capacities. France uses
specialised selecting agents for this last phase of selection before the
workers' departure.
31. For the recruitment of coal miners (for Belgium, Czechoslovakia and France), certain difficulties have arisen as a result of
the small number of experienced miners available in Italy. Therefore,
the instructions concerning their occupational selection are more
flexible than for other workers. In Czechoslovakia, for instance,
candidates selected as pit workers must have some experience of pit
work in the mines or quarries or of similar work. For Belgium,
the recruiting authorities will select workers having some experience
of coal, sulphur or lignite mining, of quarry work, or of any other
similar activity in the mining industry ; in their absence, navvies,
dockers, porters and other heavy workers with a good physical
resistance will be admitted for recruitment. France accepts, in the
absence of skilled miners, " strong " or " heavy " workers.

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131

32. Less information is available on the criteria used for the
selection of displaced persons. However, the procedure is as
follows : the agreements concluded by the Inter-governmental
Committee on Refugees (which has been replaced by the Preparatory
Commission of the International Refugee Organisation) with Chile,
Colombia, Ecuador, Peru and Venezuela, state that these countries
will prepare a list of immigration possibilities on their respective
territories, classified by occupational categories. On the basis of
these lists, the Commission selects in the camps placed under its
jurisdiction persons who have the required experience. Later on,
a second selection is carried out by the recruiting agents of the
immigration countries. The British authorities who recruit displaced
persons accept only candidates with the required qualifications for
certain professions or who seem capable of undertaking successfully
a period of vocational training for these occupations, or otherwise
persons who can adapt themselves to the many types of manual
employment in which there is a manpower shortage. The greater
flexibility of the criteria used in the selection of displaced persons
arises from the fact that they represent a source of permanent
immigrants, whom it is worthwhile to train for certain occupations.
In addition, it is urgent to resettle them in the countries which are
willing to receive them, whatever may be the possibility of finding
for them employments which match their qualifications.
33. When the Government participates in the financing of
migration, the examination of the migrant's occupational qualifications is also often provided for. In Australia, this examination is
carried out by Officials of the Selection Services. Thus, before the
war, when New Zealand admitted agricultural workers whose
passage was paid for, they had to prove that they were capable
of performing the work in question. In future it is proposed to check
thoroughly on the qualifications of all migrants applying for assistance.
34. In Switzerland, too, when the public authorities have
facilitated emigration in the past, they have made enquiries regarding
the occupational aptitudes of the migrants with the help of the local
authorities, the labour offices, and the trade unions.
35. Finally, the Greek legislation provides for a fairly strict
control on the occupational qualifications of all industrial and
agricultural immigrants who must submit to the Ministry of Labour
(migration section) either a diploma of technician, mechanic, agronomist, etc., granted by a vocational school, or a certificate mentioning the years of previous work and their qualifications.
Organs Responsible for Selection
Public Bodies.
Central administration.
36. In most countries where the volume
of migration movement is fairly important, there is a governmental
department specially entrusted with the regulation of immigration
or emigration and with the selection of migrants. This department,
however, usually performs its task in co-operation with one or more
official bodies concerned, or carries on its activities within the
framework of a ministry whose responsibilities are wider. In several
countries, the public bodies concerned are the ministry or depart-

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ment entrusted with labour questions, because of the importance
of the selection of migrants from the standpoint of their occupational
qualifications and of the employment market situation ; the ministry
or department entrusted with safety or national defence questions,
because of the need to eliminate migrants of dubious morality or
pursuing activities contrary to the interest of the immigration
country ; the ministry or department entrusted with foreign affairs,
since it is responsible for granting visas through the diplomatic or
consular representatives abroad ; and the ministry or department
entrusted with public health questions, which establishes physical
and health criteria for the selection of the migrants.
37. In Italy, the director-general for emigration of the Ministry
of Foreign Affairs, in co-operation with the general directorate for
migration (internal and international) of the Ministry of Labour is
responsible for the general organisation of the selection and recruitment of workers wishing to go abroad. In Switzerland, two public
utility institutions have been entrusted in the past, in co-operation
with the competent cantonal and communal authorities with the
selection of assisted emigrants. In certain cases, however, the
selection was carried out directly by the federal office of industry,
arts and crafts and labour. In Norway, a recent bill (No. 149)
provides that no Norwegian citizen will be allowed to emigrate
unless he has previously obtained a permit from the labour directorate. In the Netherlands, a governmental emigration institute
(Stichting Landverhuizing Nederiand) is responsible for the organisation of a certain number of agriculturalists who cannot find outlets
in the Netherlands economy.
38. In several European countries, the department or ministry
entrusted with labour questions plays a preponderant part in the
granting of admission permits to migrant workers, in co-operation,
in certain cases, with other bodies concerned : the Ministry of Justice
in Belgium ; the Ministry of Public Health and Population in the
National Immigration Office, in France ; the Central Passport
Office, in Norway ; and the Aliens Commission in Sweden.
39. In several Latin-American countries, where there is a ministry
or department specially entrusted with immigration questions, this
ministry or department also co-operates with other bodies for the
organisation of the selection of migrants. Thus, in Argentina, the
directorate of immigration operates within the framework of the
Ministry of Labour and Social Welfare. In Chile, the Commission
of Co-ordination of Immigration functions under the Ministry of
Foreign Affairs. In Colombia, the Department of Immigration and
Aliens Affairs acts in close co-operation with the same ministry.
In several other countries, it is the ministry entrusted with safety
questions which controls the department responsible for immigration :
Secretariat of Public Safety (Costa Rica) ; the Directorate General of
National Safety and Continental Defence (Ecuador) ; and the
Ministry of the Interior (Dominican Republic, Mexico and Uruguay).
40. In Australia, the Ministry of Immigration is responsible for
the selection of migrants, on the basis of criteria established by
statutes of the federal Government. In Canada, the immigration
section of the Ministry of Mines and Resources carries on the same
activities. In New Zealand, the Ministry of Customs examines
applications for admission of individual migrants, while the immigra-

APPENDICES

133

tion division of the Ministry of Labour and Employment is responsbile
for administering assisted immigration schemes. In the Union of
South Africa, the Commission on Selection of Immigrants examines
applications from prospective immigrants of other than British
origin. Its chairman is also chairman of the immigration council,
which includes, inter alia, representatives from the various departments concerned. In the United States, the technical selection of
immigrants is generally carried out by representatives of the Departments of Labour and Agriculture, of the immigration and naturalisation service of the Department of Justice and of the public health
service of the Federal Security Agencies.
Recruiting bodies. 41. In addition to the central administrations
which play an important part for the establishment of criteria and
which are often responsible for accepting or rejecting individual
emigration or immigration applications, several countries which
pursue an active recruitment policy have set up bodies entrusted
with the application of their policy, which are therefore the chief
instrument for the carrying out of the technical selection of migrants.
42. Frequently these bodies are purely governmental. Thus, for
the recruitment of displaced persons, the Brazilian delegation which
was sent to Europe for this purpose included specialised selecting
agents appointed by the president, doctors selected by the Ministry
of Education and Health, and consuls designated by the Ministry
of Foreign Affairs. The selection of immigrants who wish to leave
for Australia is done before the migrant's departure by officials of
the Australian ministry in co-operation with consular officials of
the United Kingdom. The composition of the Canadian recruiting
teams varies according to whether they are to select near relatives
of Canadian citizens whom the latter wish to come to Canada, or
groups of workers recruited to fill manpower needs. In the first
case, each team includes one immigration inspector, one doctor
and one officer of the Royal Canadian Mounted Police. In the
latter case, the teams include immigration inspectors, medical
officers of the Ministry of Health and National Welfare, and representatives of the Dominion Ministry of Labour. Women participate in recruitment of the domestic workers. The selection
mission sent by the Government of Venezuela for the recruitment
of displaced persons is entirely designated by the Ministry of Agri- *
culture and includes, in addition to its chief, a doctor, an agronomist
and an immigration agent.
43. The recruiting commissions sent to Europe (Netherlands and
Italy) by the Union of South Africa include technicians representing;
the various ministries, including the Ministries of Agriculture and
Labour. In the case of the recruitment of migrants in the United
Kingdom by the countries of the British Commonwealth, this task
is usually performed by official agents attached to the offices of the
high commissioners in London.
44. Some countries invite representatives of the employers toparticipate in recruitment operations. Thus, one of the two Belgian
missions entrusted with the selection of displaced persons in the
American occupation zone in Germany, with a view to their employment in the coal mines, is an official mission responsible to the cabinet
of the Prime Minister, while the other is a private mission, supported

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PERMANENT MIGRATION

COMMITTEE

by the public authorities, and organised by the Belgian Coal Mines
Federation. In some cases, too, the Canadian teams for the recruitment of displaced persons include representatives of the employers.
Migrant workers recruited under the bilateral agreements concluded
by the United States during the war were selected by officials of the
emigration country in co-operation with the official representatives
of the United States, as well as of the American employers or their
authorised agents.
45. By contrast, the Franco-Italian Treaty of March 1947
concerning the recruitment of Italian workers for France stipulates
that French representatives in the recruitment and assembly centres
shall be appointed by the national immigration office, which has a
monopoly over recruitment and introduction of aliens, and that the
French employers shall not be admitted in the centres to obtain
the foreign workers they need. However, the French trade union
organisations may have representatives in the centres of both
countries. The Italian trade union organisations are also represented
in the special selection commissions which are presided over by a
representative of the Government (prefect) and which include, in
addition, representatives of the Ministry of Foreign Affairs, of the
Ministry of Labour and Social Welfare, and of the private associations
of assistance to migrants.
Private Agents.
46. Because of abuses which have sometimes arisen out of the
recruitment of migrants by private organs, particularly shipping
companies or agents remunerated in proportion to the number of
immigrants whom they recruit, their activities are almost always
strictly regulated. In general, however, the legislation on this
subject dates back to the end of the last century or to the beginning
of this century, when technical selection properly speaking almost
did not exist. Therefore, the selection operations which they carry
out are only controlled in so far as their whole activity is submitted
to fairly rigid conditions.
47. Several emigration countries, wishing to protect their own
nationals against misleading propaganda which might encourage
them to emigrate under conditions which do not offer sufficient
guarantee of their success, have listed the conditions 'to be fulfilled
by private bodies wishing to be authorised to recruit migrants.
In Denmark, emigration agents must obtain a licence from the
Ministry of Social Affairs in order to be allowed to organise the transport of emigrants to overseas countries. Such licences are only
granted in principle to persons having resided in Denmark for five
years, and who must make a deposit of not more than 50,000 kr.,
to be determined by the Ministry of Social Affairs. In Norway,
the granting of licences is subordinated to similar conditions, but
the law stipulates in addition that the agent shall give a contract
to each emigrant. In Sweden, the licences of private emigration
agencies must be renewed each year by the social commission, which
keeps the provincial commission informed of such renewals. There
are in this country only four agencies of this type. In Switzerland,
supervision over emigration agencies is exercised by the federal
council, with the help of the cantonal authorities. The federal

APPENDICES

135

council may only deliver licences to agents who can prove that they
enjoy a good reputation as well as all their civil and political rights ;
that they are experienced in emigration operations and can send
emigrants safely ; and that they have in Switzerland a legal domicile.
The granting of such licences may be subordinated to the deposits,
by the agent, of a sum of money. Only one such agency has obtained,
until now, the authorisation to organise emigration of land settlers
towards South America, and the federal authorities do not intend
to allow other private undertakings to organise colonisation abroad.
In Greece, regulations relating to the activities of emigration agents
are aimed chiefly at companies which undertake the transport of
emigrants, and contain similar stipulations to those in force in other
countries and concerning the granting of licences. In Italy, too,
the emigration law of 13 November 1919 states that no one shall be
allowed to recruit emigrants unless he has obtained a licence from
the commissary of emigration (at present directorate-general for
emigration). Special licences are issued for recruitment of land
settlers or of workers destined to other continental countries.
48. Some countries have completely prohibited the recruitment
of emigrants by private agents, or authorise it only exceptionally,
such as China, Cuba, the Dominican Republic, France, Hungary,
India, the Netherlands, Poland and Czechoslovakia. In Norway,
a recent bid (Parliamentary Order No. 149) would entirely abolish
private agencies for the recruitment of seamen and emigrants.
49. In addition to the restrictions imposed on private recruiting
agents by the legislation of emigration countries, immigration
countries often submit them to a fairly strict control. Because of the
difficulties met by these countries when trying to supervise the
operations of private recruitment agents, which must necessarily
take place in the emigration countries, this control often takes the
shape of a complete prohibition of the activity of such agents.
Such is the case in New Zealand, the Union of South Africa, the
Netherlands, and in France where since 1945 the national immigration office is the only body allowed to undertake operations of
recruitment of foreign manpower.
Voluntary Societies.
50. What little information is available on the activities of
the voluntary national or international societies seems to indicate
that in most countries, there are no such societies specifically entrusted with the selection of migrants. In Italy, however, private
associations of assistance to emigrants are represented in the special
commissions entrusted with the control of recruitment and selection
operations. This obviously does not mean that they act independently, but simply that they co-operate with a governmental organ.
In Switzerland, all societies concerned with the selection of emigrants
are submitted to the control of the authorities.
51. In several immigration countries, voluntary societies look
after the selection of persons abroad and facilitate their admission.
In Argentina, a 1942 Decree had authorised the delegation of Jewish
associations of Argentina to draft recommendations with a view to
the admission, in 1942 and 1943, of a thousand children below

136

PERMANENT MIGRATION COMMITTEE

fourteen years of age who were in concentration camps. In Australia,
a conference of ministers of the Commonwealth and of the States
on immigration policy, which met on 20 August 1946, recommended
that voluntary societies should be subordinated to the approval
of the immigration authority in each State. In New Zealand, before
the war, several voluntary societies used to submit the names of
migrants whom they wished to see assisted (Salvation Army, Church
of England, New Zealand Sheep Owners Federation, and Committee
of Selection for Public School Boys). These nominations, however,
were only for juveniles and the numbers were not great. Supervision was exercised by the immigration department. The same
thing applies to voluntary Societies which submit names of immigrants to Australia. In Norway, the Nansen Relief Organisation
and the Workers' Funds for Justice have been entrusted with the
selection of immigrants and have facilitated the admission of a
large number of political refugees between 1920 and 1940. In the
Union of South Africa, there is no technical selection of immigrants
made by voluntary societies, although there is a private association
(The 1820 Settlers Memorial Association) which interests itself in
persons resident in the United Kingdom who desire to proceed to
the Union of South Africa for permanent residence. No public
supervision is exercised over its activities.
Colonisation Societies.
52. In new countries, the development of land is often entrusted
to land settlement organisations, whether public or private. Such
bodies, which are responsible for organising the whole of land settlement, are fully aware of the conditions of settlement, and are better
able to recruit immigrants than the administration responsible for
general selection. They are, therefore, frequently allowed to undertake this task, subject to a general control by the Government and
to the observance of laws and regulations in this field.
53. In Brazil, for instance, the Act of 18 September 1945 stipulates that planned immigration may be organised by the Government
or by a private undertaking or person. The latter must be registered
and must make a deposit in order to be authorised to take care of
the selection of immigrants. Recruitment operations are controlled
by specialists on immigration and hygiene questions ; who must,,
in the last resort, decide whether the immigrant is to be admitted
or rejected. In addition, in order to obtain their licence, immigration
or colonisation undertakings must indicate the approximate number
of migrants to be introduced, their nationality and their aptitude ;
the place where they are at present and if need be, the colonisation
plan ; and the points of embarkation abroad and landing in Brazil..
In Ecuador, the Government announced in 1946 a large scale plan
for land settlement as well as the creation of a committee on immigration and colonisation. With a view to the execution of this scheme,
the Government has concluded with a private company an agreement granting to that company certain territories to be divided
between land settlers from North America and the United Kingdom.
Under this arrangement, however, the competent department is
to examine applications for admission, which must be submitted
together with information concerning the age of the candidate, his-

APPENDICES

137

marital status, a certificate of good conduct, the resources at his
disposal with a view to land settlement, his health, and his qualifications as an agriculturist.
International Co-operation with a View to Selection
Bilateral Co-operation.
54. The importance of co-operation between emigration and
immigration countries with a view to the selection of migrants is
more and more generally recognised. Indeed, the old methods of
recruitment—by the representative of the employers or by the
recruiting agent—seem to be disappearing, as a result of the governmental control which is exercised over their operations, and to be
replaced by migration organised by the governments. As it has
been seen before, a large number of countries only allow their
nationals to leave the country if such emigration does not cause or
make more serious a manpower shortage, and for this purpose, they
insist on the selection of emigrants. In addition, the governments
of the immigration countries want to match the aptitudes and
qualifications of the immigrant with the requirements, of jobs
available in their territory, and they very often undertake themselves
the task of recruiting and selecting immigrants. Employers who
desire to obtain foreign workers are invited to send their requests
to the competent official body, which examines them in order to
make sure that it is not possible to find on the national employment
market persons who have the necessary qualifications before recruiting them abroad.
55. Although some countries have simply sent missions or
officials entrusted with recruitment to the various countries which
might supply emigrants, such as Peru and the Union of South
Africa, for instance, or the Argentine delegation in Spain, as a rule,
the organisation of the recruitment has been regulated by agreements
in order to conciliate the interests of the countries concerned and to
protect those of the migrants.
56. Bilateral treaties providing for the organisation of technical
selection have been concluded between Italy, chief European emigration country at the present time, on the one hand, and, on the other,
Argentina, Belgium, Czechoslovakia, France, Sweden, and the
United Kingdom. These treaties have a very great interest, since
they provide for a bilateral co-operation, not only for the establishment of selection criteria (see above), but also for the carrying out of
selection itself. The selection of migrants includes more than one
step. As has been seen above, a preliminary selection of migrants
is carried out in their place of residence, before they are sent to the
provincial assembly centres where their physical and occupational
aptitudes are examined. In both cases, the selection is carried out
by the Italian authorities. The workers are then directed to the
recruitment centres located in the north of the country, where they
are submitted to a new selection made jointly by the Italian authorities and those of the country of immigration. In most cases, this
is the last phase of selection, and the migrants are given an employment contract with their future employer before leaving Italy.

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PERMANENT MIGRATION

COMMITTEE

In the case of emigration to Argentina and Belgium, however, they
are only distributed among the employers after their arrival. This
takes place in the reception centres in Argentina, and at the undertaking in Belgium.
57. The selection of displaced persons under the jurisdiction
of the Preparatory Commission for the International Refugee Organisation had also been organised by bilateral agreements between
that institution, on the one hand, and Brazil, Chile, Colombia,
Ecuador, Peru, and Venezuela, on the other. x
58. The agreement with Brazil gave the Brazilian Government
full right to select migrants according to its own rules, applied by
recruitment commissions entirely composed of persons appointed
by the Brazilian Government. The latter was to inform the Intergovernmental Committee for Refugees (replaced by the Preparatory
Commission for the I.R.O.) of the names of persons so appointed
59. The other agreements, however, provided for a wider cooperation between the Preparatory Commission in the countries
concerned, with a view to the selection of displaced persons. Under
these agreements, the governments who wished to receive immigrants are to send to the Commission a list of immigration possibilities and to indicate the occupations and nationalities they want,
as well as all other conditions. On this basis, the Commission must
try to find in the camps persons corresponding to these criteria and
submit their applications for admission to the competent body of
the immigration country (frequently a recruitment mission set up
for this purpose and accredited with the Preparatory Commission).
This body then selects immigrants to be accepted.
Multilateral

Co-operation.

60. Until now international co-operation with a view to the
technical selection of migrants has been organised chiefly on a
bilateral basis, whether between emigration and immigration countries, or between the international agency responsible for refugees
and the countries willing to receive them. There is no agreement
in force providing for multilateral co-operation in the field of recruitment or selection. However, mention may be made here of the
draft convention between Denmark, Finland, Iceland, Norway
and Sweden concerning the establishment of a common Northern
European employment market, which was drafted at a meeting
of the ministers of social affairs of these countries which was held
at Copenhagen from 10-12 September 1945. This draft convention
has only been ratified by Sweden, and the co-operation provided
for does not therefore exist in practice as yet. It is, however, of
considerable interest, as it provides for the creation of a joint committee composed of representatives of the employment service of
each of the countries concerned, which is entrusted with following
the employment situation ; the national administrations of the
employment service may send requests concerning the transfer of
suitable workers to this centre of administration ; it decides, taking
into account the need to avoid, on the one hand, unemployment
1
The agreements between the Preparatory Commission, on the one
hand, and Belgium and the Netherlands, on the other, do not contain
any provision relating to the organisation of technical selection.

APPENDICES

139

in the country which would receive these workers and, on the other,
a manpower shortage in the country from which they would come,
whether it can co-operate in the desired placement. As may be
seen, ample precautions have been taken to prevent the creation
of a central body from stimulating migration movements which
would be contrary to the interests of the countries concerned.
Despite this restrictive character, the convention would open the
way, if it was enforced, to a multilateral co-operation for the selection
of migrants to the best interests of the signatory countries.
INFORMATION GIVEN TO THE MIGRANTS

Introduction
61. In order to facilitate the adaptation of the migrants to the
conditions of the immigration country, it is useful to give them
certain types of information. This information may relate particularly to the climate of the immigration country, food, accommodation, the basic rights and duties of immigrants, and economic
and social conditions. Moreover, it is desirable that the migrants
should be able to acquire an elementary knowledge of the language
of the immigration country.
62. The information services for migrants have developed in
most emigration and immigration countries. In most cases, information to the migrants with a view to their adaptation to the conditions
of the immigration country represents only one aspect of the activity
of the general information services which have been set up, and the
chief problem, particularly for emigration countries, consists in
obtaining all information which may be useful to the migrants, not
only on living and employment conditions in the immigration, but
also, for instance, on employment opportunities and on the occupational and other qualifications required of alien workers.
63. In some cases special programmes to improve the general
information of the migrants in order to facilitate their adaptation
have been drawn up. The general information courses which have
been organised, chiefly in Italy, and are described below, are one
example of such programmes. These courses have a great interest :
they represent a systematic effort to improve the migrants' instruction concerning immigration countries ; in addition they make it
possible to spread useful information much more widely than through
the information services which, in most countries, only supply
information on request.
Information Services
64. Several emigration countries have created information
services which supply data on cultural, economic and sanitary
conditions in the immigration countries, as well as on legislation
in this field and on administrative regulations and other provisions
and formalities prescribed by the national authorities and the
authorities of the immigration country. Such is the case, for
instance, in Belgium, Denmark, Hungary, Norway, Portugal and
Switzerland. These services usually supply information only to
persons who request it. In some cases, however, an effort has
been made in order to bring the necessary information to the know-

140

PERMANENT MIGRATION COMMITTEE

ledge of all those who might need it. In Denmark, for instance, the
director of the public emigration office shall, according to Law
No. 134 of 2 May 1934, supply all necessary and useful information
to the emigrants concerning conditions in the immigration countries
and see to it that this information is placed at the disposal of the
public. Also, in Portugal, the Emigration Board is expected to
provide future emigrants with all necessary information related to
their adaptation in the country of immigration. In Switzerland,
although the usual procedure is to give advice individually to
migrants who ask for it, a few pamphlets of general information
have been published.
65. Information services established by immigration countries
usually comprise a double organisation : one, abroad, capable of
reaching future immigrants and of giving them the information
they might need ; the other destined to give migrants, after their
arrival, all data which may facilitate their quick and successful
establishment in the country.
66. Generally, national consuls who visa the documents required
from the immigrants serve as information agents and supply all
useful information to prospective immigrants. But in addition,
some countries send abroad agents specially entrusted with immigration propaganda or establish offices specially responsible for spreading
information on the subject.
67. Such is the procedure used by the British Dominions to
encourage immigration of persons from the United Kingdom.
Australia and New Zealand, for instance, have published pamphlets
describing conditions in this country, and which are placed at the
disposal of all prospective immigrants. In addition, several pamphlets have been prepared on conditions of employment in hospitals,
coal mines, the building industry, saw mills, footwear and clothing
manufacture, woollen and knitting mills, engineering, restaurants,
domestic work and industrial employment in general. The selection
commissions sent to Europe by the Union of South Africa are
responsible for advising migrants on conditions in the country. In
addition, a special official accompanies each immigrants ship, and
gives migrants all the data which they might need. It is interesting
to note that the British authorities sometimes co-operate for the
information of migrants : in the case of the agreements between the
United Kingdom, on the one hand, and Southern Rhodesia and
Australia, on the other, information pamphlets were distributed to
the employment exchanges and other offices of the Ministry of
Labour and National Service, as well as to the members of the armed
services overseas.
68. Workers introduced into the United States under the bilateral
agreements concluded by that country during the war were also
given information on all points relating to living and employment
conditions in that country : accommodation, food, regulations
concerning changes of employment, deductions from their salaries
for social security and income tax, the possibility of obtaining
medical care, the consuls or other representatives of their government
and the American officials who might give them assistance or advice,
the procedures to be followed in securing contract terminations,
and the settlement of disputes. In addition, the American govern-

APPENDICES

141

ment had prepared a hand book to teach Mexican agricultural and
industrial immigrants an elementary knowledge of English.
69. Workers recruited abroad by the United Kingdom are
informed by officials of the Ministry of Labour and National Service
of the chief regulations affecting their situation, of their right to
social insurance benefits, and of the existence of voluntary societies
which may give them assistance. The local offices of the Ministry
of Labour issue their work permits and tell them about regulations
governing changes of employment for foreign workers.
70. The French National Immigration Office (L'Office national
d'immigration français) sees to it that prospective immigrants are
informed, by means of posters and pamphlets, of conditions of life
in France and of regulations concerning residence and employment
of aliens.
Special Information Courses
71. In some immigration countries migrants are able, after
arrival, to follow courses to facilitate their adaptation. Thus, in
France, for instance, courses in the French language have been
organised in some private centres set up for immigrants and subsidised by the Ministry of Labour, and, for North African immigrants
in the accelerated vocational training centres created by the State.
72. It is in an emigration country, Italy, however, that the
main efforts have been made. This country considers it very
important that migrants should follow " orientation courses "
before their departure, so as to help them overcome various practical
difficulties after their arrival in the immigration country. Already
at the end of 1946, the National Institute for training commercial
workers (L'Institut national de formation des travailleurs de commerce), which is controlled by the Ministry of Labour and Social
Welfare, had organised courses of this type. Prospective emigrants
are taught certain essential things : language, civil law, economy,
history, and geography of the immigration country to which they
wish to go ; however, the courses are not too complicated, in order
to be understood by all migrants. This initiative was taken on the
proposal of the provincial co-ordinating committees, which include
representatives of the trade unions and officials of the public and
governmental bodies concerned. Such courses have already been
created for migrants going to Argentina, Belgium, Brazil, France,
and Switzerland. An outline of the courses has been published by
the Institute and submitted to the representatives of the countries
concerned, who have expressed their appreciation. It is proposed,
in 1948, to develop this programme, and to give special attention
to the need for co-ordination of all efforts made in this field by public
or private bodies.
VOCATIONAL TRAINING OF MIGRANTS

73. Until now, the organisation of vocational training for migrants is far from being as advanced as that of their technical
selection. This is, however, a serious problem in the postwar
world, for the demand for skilled labour is considerable, whereas
IO

142

PERMANENT MIGRATION

COMMITTEE

the persons who can be supplied by the emigration countries do
not as a rule have the capacities required by the immigration country.
Therefore, although few countries have so far taken steps to organise
training programmes for migrants, this question has been receiving
great attention for sometime, as a result of the growing difficulties
encountered by immigration countries in their campaigns to recruit
skilled workers abroad.
Past Experience (Immigration

Countries).

74. Vocational training of migrants has not so far been
developed methodically. However, in the case of land settlement,
some efforts have been made in several countries before the war
to place theoretical and practical courses at the disposal of immigrants
in order to facilitate their future establishment as land settlers.
Thus, in the 'twenties, several British Dominions (Australia, Canada,
New Zealand, Union of South Africa) had created training farms
for future land settlers. This organisation was often the result
of agreements in application of the British Empire Settlement Act
of 1922, and the financing of these training centres was often undertaken by the two countries concerned.
75. The development of agricultural training for migrants was
required by the need for their adaptation to entirely new conditions :
in fact, the most experienced foreign agriculturalist must get used
to new methods of cultivation necessitated by climatic and other
conditions often very different from those under which he has
worked until then, and a period of practical training helps him
to overcome these difficulties without delay. The period of restrictive
policy in the field of migration which was ushered in after the depression slowed down the organisation on a larger scale of programmes
to enable agricultural and industrial migrants to acquire qualifications useful to their adaptation in the immigration country, especially
as these programmes would have necessitated rather heavy expenses
in some cases. In fact, several countries only accepted migrant
workers if they had previously received the necessary vocational
training. At the present time, in spite of the manpower shortage
and the difficulty in finding skilled workers abroad, this attitude is
still in existence in some countries, such as Belgium and Sweden.
Elsewhere, as in France and Switzerland, the Government has not
provided for the organisation of special training courses for migrants,
although immigrants have access to the vocational training centres
set up for national workers.
Past Experience (Emigration

Countries).

76. The cost of organisation of a special training programme for
migrants would necessarily be fairly high. For this reason, the policy
of immigration countries encourages the selection of workers so
as to admit only those who already possess the qualifications necessary to the occupation which they propose to engage in and does
not, as a rule, place facilities for acquiring such qualifications at
their disposal.

APPENDICES

143

77. By contrast, this policy has led certain emigration countries
to insist on the vocational training of their migrants going abroad.
In Denmark, for instance, Act No. 134 of 2 May 1934 entrusts the
directorate of the public emigration office with the promotion, and
if necessary, the formulation of recommendations concerning all
measures capable of ensuring the success of the emigrants, including
financial assistance and vocational training. In Switzerland, the
vocational training of emigrants is voluntary, but the authorities
and other bodies interested in emigration insist constantly on the
need for such training, as the Swiss Government considers it very
important that only skilled workers should emigrate. When the
Swiss Government participates in the financing of emigration, it
may make its support subject to the condition that the candidate
shall follow a training or advanced training course, either in the
vocational centres and courses open to the whole population or in
some private institutions of public utility, created by private initiative or by trade associations with the help of public bodies,
and which have organised special courses for emigrants
(Institut
tropical suisse; Institut suisse de recherches et de relations internationales ; and Société suisse des commerçants.) In principle, the
costs of training are borne by the migrants ; however, when persons
without the necessary resources wish to emigrate and must for this
purpose undergo a period of vocational training, the public authorities
have in some cases the possibility of giving them financial assistance.
78. Italy is also developing its training programmes for migrants.
As emphasised by the chief of the Italian delegation to the Committee of European Economic Co-operation x, there is no doubt
that the many emigration possibilities which exist at the present
time may contribute to the solution of the problem of excess manpower in Italy, only if training schools are created in the country
to supply the skilled workers required abroad. There are at present
two institutes responsible for the training of migrants : the National
Institute of Training and Advanced Training for Industrial Workers,
for the industrial occupations, and a National Institute for Training
Commercial Workers, for commercial occupations. Both are controlled by the Ministry of Labour and Social Welfare and have
organised training centres throughout the provinces. They are
able to give training for almost all occupational categories required
in the immigration countries. The number of the courses increases
constantly, but it is felt that it should be doubled, in order to make
it possible to select the best elements for emigration.
In addition, a recent Decree of 7 November 1947 has organised
advanced training and vocational re-training for unemployed
workers, in order to improve rapidly their technical knowledge and
to adapt them to the needs of production, to the exigencies of the
national employment market and to the emigration possibilities.
It is within this general framework that the vocational training of
migrants will be provided for. The Ministry of Labour will exercise
general supervision and a co-ordinating activity over all courses,
whether created by the Ministry or by private institutions, undertakings and associations.
79. In spite of efforts already undertaken in certain countries
to improve the level of skill, of migrants, possibilities of training
1

Italiani nel Mondo, 10 Sept. 1947, p. 7.

144

PERMANENT MIGRATION COMMITTEE

are still limited, especially in countries of immigration which usually
are content to open to them the centres already created for nationals
or, in the case of workers recruited for the Belgian coal mines, to
give to the employers the task of training them. This question is
an acute one at the present time following the resumption of migratory movements and because of the general shortage of skilled
manpower. The problem is particularly serious for the recruitment
of coal miners but is present also in other occupations. Outside of
Europe too, countries which desire to receive migrants for settlement must face the necessity of furnishing migrants with an agricultural training appropriate to the conditions of the region of land
settlement.
Interests of the Countries of Emigration and

Immigration.

80. It is clear that the programmes for the mass transfer of
workers envisaged within the framework of the bilateral agreements
between Italy and the Preparatory Commission for the I.R.O. on
the one hand, and a large number of countries of immigration on the
other hand, must be accompanied by measures for the organisation
of vocational training if they are to attain their end which is to
bring about a qualitative and quantitative compensation for the
supply and demand of manpower. This is a complex problem since
it concerns both the countries of emigration and of immigration.
It is of course the countries of immigration which are most of all
concerned with the shortage of skilled workers and the necessity
of finding a solution for this. Nevertheless, countries of emigration also have an interest in sending abroad skilled workers whose
capacities correspond as far as possible to the needs of the country
of immigration. In fact, experience shows that in their selection
and distribution within the economy of the country of immigration,
migrants are exposed to the danger of losing their occupational
status. It is thus important to ensure that their occupational
qualifications are adequate before their departure from the country
of emigration. Furthermore, the skilled worker has better chances
of permanent success than the unskilled worker and a better chance
of assimilating himself to the life of the country.of immigration.
Moreover—and this is a consideration which applies to Italy—the
skilled migrant will be better paid and will, in consequence, be in
a position to send bigger savings to his family in his own country.
Finally, when the country of emigration does not have a large
number of skilled workers it is exposed to the danger of seeing too
large a number of these leave the country if it does not make an
effort to provide facilities for vocational training to all migrants.
Organisation problems. 81. For all these reasons, it seems that
vocational training for migrants should be organised not only in the
country of their destination but also before their departure. In
certain cases, of course, it is impossible to ensure this previous
training, when workers recruited for occupations or industries which
are not developed in the country of emigration are concerned : thus
Italy cannot train coal miners to the extent that other countries
demand. It is therefore necessary to organise their training in the
country of immigration. But, when it is possible, there is an advantage
in having vocational training take place in the country of emigra-

APPENDICES

145

tion. The Italian Government, in fact, has already taken steps for
this purpose, as has been seen above, and has also been concerned
with enabling displaced persons to acquire vocational qualifications or to improve their knowledge before their departure.
82. If the vocational training of migrants is to develop, as
seems necessary at the present time, other questions will not fail
to arise, questions which have not up to the present been methodically
studied. It would be as well to study whether this training should
be organised in special centres or in conjunction with programmes
of training for the population as a whole. Training in special centres
in the country of emigration would permit the furnishing to migrants
of a training directed exactly towards the conditions of employment
which they would meet with after their expatriation. In the country
of immigration, such training could include measures tending to
facilitate the adaptation of the foreign worker, for example, instruction in the language of the country. However, special programmes
for migrants may involve expenses which neither the countries
of emigration nor those of immigration, especially in Europe, are
ready to assume. At the present time both systems are in use since,
as has been seen, there exist several special centres and since training centres established for nationals are often open to migrants.
But since the development of the training of migrants has not
properly speaking been organised in a systematic manner it seems
difficult to draw any conclusion from what little experience has
been accumulated up to the present.
83. Furthermore, the question of the role to be played by the
State will have to be studied. Except in Italy, governmental
initiative in the organisation of vocational training of migrants is
at present very limited, in spite of the fact that this is a problem
to which Governments have given their attention, as was shown
by the discussions on this subject at the Committee of European
Economic Co-operation, for example. Here again, in the absence
of experience, it is difficult to formulate any principle but it seems
that in countries which have established a system of allocating
manpower in accordance with their economic plans, the State will
be called upon to play an active role in the development of centres,
so as to ensure that it is closely related to the general manpower
policy followed by the country.
84. Finally, the financing of the training of migrants raises great
difficulties, especially in Europe, because of the limited resources
which can be used both by countries of emigration and by countries
of immigration to the putting into practice of large-scale training
programmes.
The Manpower Committee of the Committee of
European Economic Co-operation, which studied this question
arrived at the conclusion that the two countries concerned should
agree to share the expenses of a programme of training for migrants.
Furthermore, the Executive Secretary of the Economic Commission
for Europe of the United Nations, in his report to the Committee
on Industry and Materials on shortages in the field of industry
and materials, also mentioned the difficulties raised by the disequilibrium between supply and demand of skilled manpower in
inter-European migrations and suggested that international cooperation for the exchange of information and experience in questions of vocational training would contribute to their solution.

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PERMANENT MIGRATION COMMITTEE

This is one of the questions that the Sub-Committee on Manpower
recently set up by the Committee on Industry and Materials has been
asked to study in co-operation with the International Labour
Organisation and other competent international organisations.

GENERAL CONCLUSIONS

85. From the general survey given above it can be seen that the
technical selection and the training of migrants has assumed a new
importance in the postwar world, as is shown by the measures taken
to organise technical selection and the attention given to the problem
of vocational training. The development of technical selection in
particular has taken great strides since the end of hostilities. In
fact, the memory of years of unemployment which were brought with
the economic crisis pointed out the necessity for regulating migratory
movements so as to admit only those workers capable of being
incorporated into the economic activity of the country of immigration. Furthermore, the disequilibrium between the supply and
demand of skilled manpower makes manifest the disadvantages of
an immigration policy which seeks only to bring about a quantitative
rather than a qualitative balance of labour supply and demand
between countries. These two considerations are at the basis of the
conclusion of bilateral agreements for the regulation of migration
and the development, within the framework of these agreements,
of the technical selection of migrants so as to ensure that the countries
of immigration receive, in so far as it is possible, only workers possessing the necessary aptitudes and qualifications.
86. The vocational training of migrants, however, is far less
developed than their technical selection. This is easily explained.
It was to be expected that countries lacking skilled manpower
would seek in the first instance to obtain workers who had already
received the required vocational training.
This meant that
immigrants would be immediately capable of contributing to the
work of economic reconstruction or development. Furthermore,
the expense which their training would have involved would thus
be avoided.
87. Experience, however, soon showed that it was very difficult
to recruit skilled workers abroad in sufficient numbers. Therefore,
the question of training of migrants has acquired a growing importance in recent months. It has claimed the attention, in particular
of countries in which the shortage of skilled manpower is acute,
as the conversations which took place on this subject in the Manpower Committee of the Conference on European Economic Cooperation showed, as well as the terms of reference of the Subcommittee on Manpower of the Economic Commission for Europe.
88. As far as the technical selection of migrants is concerned
considerable experience has already been accumulated. In truth, the
organisation of selection differs greatly from one country to another
in matters of detail. This is hardly surprising, for the conditions
which exist in different parts of the world vary considerably and
the criteria of selection concerning the adaptation of migrants to
such conditions cannot be the same for all countries. Morever,

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147

the nature of these criteria must vary in each case. They will be
more strict in the case of temporary migrations or if the workers
are recruited solely for certain occupations and the capacity for
absorption of the remaining sector of the economy is slight : under
these conditions it is essential to avoid a situation where the migrant
fails because of a lack of aptitude in the occupation for which he
has been recruited. However, if employment possibilities in the
country of immigration are diversified and numerous, the criteria
may be more flexible.
89. The technical selection of migrants seems useful, whatever
may be the type of the migration movement, to the extent to which
it is used to facilitate the adaptation of the worker in the country
of immigration, taking into account the interests of the countries
of emigration and immigration concerned. It is important however to
guard against the danger of it becoming an instrument of restrictive
policy in matters of migration. For this reason it seems difficult to
establish, by international regulation, too rigid provisions governing either the criteria to be adopted or the general organisation of
selection, in spite of the fact that certain general principles follow
from the experience accumulated.
90. The provision of information to migrants has also developed
to a substantial extent. It seems possible therefore to formulate
certain detailed proposals relating to this question, with a view to
facilitating the adaptation of migrants in the countries of immigration, through the medium of information services for migrants on the
one hand, and of special courses on the other hand.
91. It seems difficult at the present.time to derive from the
experience acquired in this sphere detailed principles which should
govern the organisation of the vocational training of migrants.
Nevertheless, this is a question which will doubtless assume increasing
importance in the years to come, in view of the fact that the shortage
of skilled manpower is not a superficial phenomenon, but calls for
general measures for the organisation of training for all workers
according to the needs of the economy of different countries. It is
not yet possible to foresee a rapid development of training facilities
for migrants, but it would be desirable to continue to follow closely
all aspects of this question so as eventually to draw up, in the light
of progress achieved, principles capable of serving as a basis for
the organisation of training of migrants. However, countries of
emigration and immigration would benefit by agreement on this
aim, so as to co-ordinate their efforts and also to solve problems
pertaining to the financing of training.
92. The Committee will find below certain suggestions concerning
the question of technical selection and training of migrants, subdivided into three groups : A. Suggestions concerning the future
action of the International Labour Organisation in the question of
technical selection and training of migrants ; B. Provisions capable
of being included in an international instrument (Convention or
Recommendation) ; C. Points capable of being determined by
bilateral agreement between the countries of emigration and immigration concerned. The Committee will perhaps desire to take
up these different points as a basis for discussion.

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PERMANENT MIGRATION

COMMITTEE

93. The Committee might first take note of the reasons which
led the Office to suggest these points, as well as certain comments
to which they give rise. These are summarised below.
Comments Relating to the Points Contained in the Plan of Discussion
94. It would seem useful for the Committee to indicate its view
first of all on certain questions relating to the procedure it would
wish to see adopted by the International Labour Organisaion in the
sphere of technical selection and training of migrants. These questions
are treated in Part A of the Plan of Discussion.
A. I. If the Committee considers that the points relating to the
technical selection of migrants contained under B and C might be
included in an international instrument or be the subject of bilateral
agreements, as the case may be, it would seem appropriate to
suggest that the question of technical selection of migrants be
considered by the International Labour Conference at the same time
as that of the revision of the Convention and Recommendations on
Migration for Employment and that of the drawing up of a model
agreement.
A. II. A similar procedure might be suggested with regard
to vocational training of migrants. Furthermore, since it seems
impossible at the present time to go beyond formulating general
recommendations in this sphere, it might be useful for the International Labour Organisation to continue to follow closely this
question, which seems destined to assume an increasing importance
in the future, with the ultimate purpose of formulating more detailed
principles to govern its organisation. This is the reason why the
Committee is consulted on these two points which it might consider
either as alternatives or as complementing each other.
A. III. As has been seen from the above survey, two methods are
in use for furnishing to migrants information capable of facilitating
their adaptation to the conditions of the country of immigration :
on the one hand, they can apply to information services created
either by the country of emigration or by the country of immigration ; on the other hand, certain countries, such as Italy, have
instituted courses known as "orientation courses" for their use.
In the first case it is clear that the information services can fulfil
this function simply by extending their general information activity,
as envisaged under item 1 and 2 of the agenda, to the sphere of
information which is particularly suitable to facilitating the adaptation of migrants. Therefore it seems that this question (cf. B. Ill)
might be related to items 1 and 2 of the agenda. In the second
case however, it is not a question of information pure and simple,
but of instruction, and it would appear to be desirable, in respect
of the organisation of orientation courses, to adopt a procedure
similar to the one which the Committee may decide to suggest for
vocational training, so that the two questions can be examined
together.
95. Certain conclusions may already be arrived at from the
experience acquired in technical selection, information and
vocational training of migrants. They are included in Part B of
the Plan of Discussion and are subdivided into three sections.
On the one hand, several general principles seem already capable

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149

of being applied in most countries through unilateral measures.
On the other hand, it would seem useful that the countries which
conclude bilateral agreements on migration should agree to coordinate their efforts in this field. Finally, international action to
increase and improve the documentation of information services
for migrants by means of an exchange of information could greatly
help them to facilitate the adaptation of migrants in the countries
of immigration in keeping them informed of all matters which
might interest them. Also it would be useful to have the opinion of
the Committee on the desirability of including similar points of
general application in an international instrument (Convention or
Recommendation). The discussion on this question would have a
particular interest from the point of view of the proposals which
have been made for the revision of the Convention on Migration
for Employment and the connected Recommendations (item 1 of
the agenda).
96. It appeared useful to consult the Committee on the desirability of countries which conclude bilateral migration agreements
agreeing on various points concerning the organisation of technical
selection, information and vocational training of migrants. This
is what is done in Part C of the Plan of Discussion. These points
seem capable of being settled by bilateral agreement between the
countries concerned on the basis of their respective needs, even if
they appear to be too detailed to be included in a Convention or
Recommendation.
I. (a) The Committee will note perhaps that no mention is
made of the criteria of psychological aptitude or of criteria regarding
the composition of the migrant's family which figure in the Resolution on technical selection and training of migrants adopted at its
First Session. So far as the criteria of psychological aptitude are
concerned, the reason is that this field is almost totally unexplored,
as is shown by paragraph 19 of this report, and that it seems
impossible to propose that countries which conclude bilateral agreements should formulate rules to guide themselves on this matter.
As for the selection criteria relating to the composition of the
migrant's family, they are in general fixed by unilateral action on
the part of the country of immigration rather than by bilateral
agreement.
(b) and (c) These points are self-explanatory.
(d) Although bilateral migration agreements have not so far
been concerned with the organisation of vocational training for
migrants, the Committee is consulted on the desirability of countries
agreeing amongst themselves on this subject ; it should be recalled
that this suggestion has already been made by the Manpower Committee of the Committee of European Economic Co-operation in
its reports, ' and that furthermore the co-ordination of efforts
made in this sphere by countries of emigration and immigration
can only render training more effective.
If the Committee is of the opinion that some or all of the points
contained in Part C. I. might be regulated by bilateral agreement
between the countries concerned, it would be useful to have its
opinion on the procedure to be followed in this question ; it might
1

Committee of European Economic Co-operation, Volume
Technical Reports, (London, 1947) p. 307, para. 17.

II,

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PERMANENT MIGRATION COMMITTEE

indicate if each one of these points ought to be included in the text
of the agreement (in which case it might be inserted in the model
agreement examined under item 2 of the agenda) or if it ought to
be decided subsequently by means of a procedure determined in
the agreement (in which case the model agreement would simply
state this procedure and list the points to be settled in this manner,
without entering into details of organisation). The Committee
might refer on this subject to the provisions included or to be included
in the draft model agreement which is the subject of the second
item on its agenda.
A. Suggestions concerning Future Action by the International Labour
Organisation on the Question of Technical Selection and Training
of Migrants
I. Technical Selection.
Does the Committee consider that the International Labour
Conference might examine the question of the technical selection
of migrants at the same time as that of the revision of the Convention
and Recommendations on migration for employment and that of
the preparation of a model agreement on migration with a view to
the possible inclusion in the Convention or in one of the Recommendations and in the model agreement of Clauses relating to the
technical selection of migrants ?
II.

Vocational

Training.

Is the Committee of the opinion that the question of the vocational
training of migrants—
(a) might be examined by the International Labour Conference
at the same time as that of the revision of the Convention and the
Recommendations on migration for employment and that of the
preparation of a model agreement on migration with a view to the
possible inclusion in the Convention or in one of the Recommendations and (or) in the model agreement of Clauses relating to the
vocational training of migrants ? and/or
(b) should continue to be followed closely by the International
Labour Office with a view to its inclusion on the Agenda of a future
Session of the International Labour Conference and of the possible
adoption of an international instrument (Convention or Recommendation) to establish the principles capable of serving as a basis
for the organisation of the vocational training of migrants ?
///.

Information.

(a) Does the Committee consider that the point relating to the
improvement of information services for migrants (B. Ill) might
be included with the question of the general information of migrants
which is examined under items 1 and 2 of the agenda of the Committee ?
(b) Does the Committee consider that it would be suitable to
include with the question of vocational training of migrants that of
the organisation of orientation courses designed to facilitate their
adaptation to the conditions of the country of immigration ?

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151

Provisions which might possibly be Included in an International
Instrument (Convention or Recommendation)

Does the Committee consider that certain or all of the following
points might possibly be covered by an international instrument
(Convention or Recommendation) :
I. General Principles.
(a) The opportuneness of advocating the use of technical selection
of migrants, not so as to restrict migration, but in order to facilitate
the adaptation of migrants to the conditions of the country of
immigration ?
(b) The opportuneness of confiding the task of technical selection
of migrants to public bodies ?
(c) In the case where private bodies (private agents, voluntary
societies, land settlement organisation) carry out the task of technical
selection of migrants, the opportuneness of the State exercising a
general control over their activities so as to ensure that the criteria
of selection they apply correspond to conditions to be required of
migrants in order to obtain the best guarantees of their success in
the country of immigration ?
(d) The opportuneness of technical selection of migrants being
organised in the country of immigration ?
(e) The opportuneness of advocating the organisation of orientation courses designed to inform migrants of the conditions and, as
the case may be, to instruct them in the language of the country
of immigration with a view to facilitating their adaptation ?
(f) The opportuneness of advocating that possibilities of vocational training which would permit them to acquire the vocational
qualifications required by the country of immigration be placed at
the disposal of migrants ?
II. Bilateral Co-operation.
The opportuneness of inviting the countries of emigration and
those of immigration which negotiate bilateral agreements for the
regulation of migration to agree among other things on the organisation of technical selection, information and vocational training
of migrants ?
III.

International

Co-operation.

The opportuneness of encouraging, with a view to augmenting
and improving the documentation of information services for
migrants in all countries, an international exchange of information
such as would facilitate the adaptation of migrants in the country
of immigration and which would concern especially vocational
qualifications required by the country of immigration, the recognition
by these countries of capacities and experience acquired by migrants
in different occupations and the conditions of work and of living
in these countries ?

152
C.

PERMANENT MIGRATION

COMMITTEE

Points which might be Fixed by Bilateral Agreement between
the Countries of Emigration and Immigration concerned

I. (o) Does the Committee consider that the countries concerned
should agree on the types of criteria to be applied for selection,
such as—
(i) criteria of medical selection : nature of the medical examination
which migrants should undergo (general medical examination,
X-ray examination, laboratory examinations, etc.) ; the drawingup, for purposes of selection, of lists of diseases or physical
defects which clearly constitute a disability for employment in
certain occupations ?
(ii) criteria of vocational selection : agreement between the two
countries concerned on the subject of documents establishing
proof of the vocational qualification of the worker which shall
be recognised by the recruitment authorities of the two countries
concerned ; the development of the use of psychotechnical tests
and agreement between the two countries as to the tests to be
used ; when it seems difficult to recruit a sufficient number of
workers for a determined occupational category, the drawingup of a list of professions which require similar occupational
capacities or aptitudes and which can furnish workers capable
of adapting themselves ?
(iii) criteria regarding the age of migrants determined in a flexible
manner so as to take into account the particular requirements
of different occupations, on the one hand, and of the variable
aptitudes and capacities of different individuals of a given age,
on the other hand ?
(b) Does the Committee consider that the countries concerned
should agree upon the organisation of the selection of migrants and
in particular on—
(i) The recognition and the composition of the bodies of the country
of immigration competent to carry out selection in the country
of emigration ?
(ii) The organisation of examinations for selection which migrants
are to undergo and the sharing of expenses pertaining to these
examinations ?
(iii) The collaboration of the competent authorities of the two
countries concerning employment services ?
(c) Does the Committee consider that the countries concerned
should agree upon the exchange of information such as would
facilitate the adaptation of migrants to the conditions of the country
of immigration ?
(d) Does the Committee consider that the countries concerned
should agree to co-ordinate their activités for the organisation of
courses of general information and vocational training for migrants,
for the exchange of experts on this subject and possibly for the
sharing of expenses pertaining to it ?
II. If the Committee considers that the countries concerned
should agree on the subject of the points mentioned above, it would
be of use if it would express its opinion, on matters pertaining to
each of these points, on the following alternative :

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153

(a) should this point be included in the model agreement which
is the subject of item 2 of the agenda ? or
(b) should the model agreement merely mention that this point
shall be settled subsequently by the countries concerned following
a procedure fixed by the agreement (such as for example, consultation
through the intermediary of the Bilateral Technical Committees) ?

IV
Report on Co-ordination of International Responsibility in the Field
of Migration
At its first session (Montreal, August 1946), the Permanent
Migration Committee declared in paragraph 6 of the resolution it
adopted on the second item of the agenda that it " considered it
desirable that there should be co-ordinated international responsibility for migration problems, more particularly : (a) the collection
of information from Governments and other sources concerning
migration ; (b) the sending of suitable study missions at the request
of the Governments concerned with a view to investigating settlement conditions and planned migration schemes in individual
countries ; (c) the giving of advice to emigration and immigration
countries in formulating and carrying put migration schemes and,
if desired, the placing at their disposal of suitable experts ; and
(d) co-operating with Governments and with the international
organisations concerned in promoting and financing migration in
relation to industrial or agricultural development schemes " . In
other words, it was a question of ensuring co-ordination at the
international level of work in connection with migration, which at
present is divided between a number of institutions, including the
International Labour Organisation. In the words of the same
resolution (paragraph 7), the Governing Body was invited to study,
in co-operation with the Economic and Social Council of the United
Nations, the best method of ensuring such co-ordination. The
resolution added, moreover (paragraph 10), that whatever arrangements might be made on this matter, the International Labour
Organisation should continue to be responsible for all migration
matters falling within its competence.
The Economic and Social Council of the United Nations adopted
on 29 March 1947 a Resolution in which it " invited the Population
and Social Commissions, after appropriate consultations, to report
to the Council on a practical plan for the allocation of functions,
without duplication of work, among the various organs concerned
in the field of migration, and requested the Secretary-General to
make such preliminary studies as would facilitate and expedite the
work of the Commissions ".
In pursuance of the resolution of the Permanent Migration
Committee quoted above, the Governing Body decided as a first
step that the International Labour Office should undertake negotiations with the Secretariat of the United Nations on measures to
achieve the co-ordination contemplated between the various international institutions. The results of these conversations are set
out in the note reproduced below, which was communicated by the

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P E R M A N E N T MIGRATION

COMMITTEE

Director-General of the International Labour Office to the Governing Body at its 103rd Session held in Geneva in December 1947.
1. Migration is a world-wide problem and as such raises many
questions of great complexity which cannot be considered as exclusively within the preserve of any one of the existing international
organisations. In order that the subject of migration may ade*
quately be considered, it should be dealt with—
(a) either by a permanent international migration organisation,
or
(b) by all existing international organisations having an interest
in the subject and whose programmes and work in the field should
be co-ordinated.
2. Any comprehensive plan for the establishment of a new
specialised agency to operate in the field of migration would raise
considerable political, organisational and financial difficulties. The
only solution which is presently feasible and possible is that of
co-ordinating the work of all existing organisations which have
competence in the field of migration.
3. The existing international organisations interested in migration problems may be grouped as follows :
(a) those which are of permanent character and are charged by
their constitutional charters with the responsibility for considering
and solving international problems of an economic and social nature,
and whose activities and programmes of work demonstrate their
direct and major interest in migration problems ;
(b) those which are not of a permanent character or whose
consideration of migration problems is incidental to their other
responsibilities and programmes.
The international organisations which are included within the
category (a) above are :
(i) The United Nations, which has as part of its purpose, " to
achieve international co-operation in solving international problems
of an economic, social, cultural or humanitarian character . . .
and to be a centre for harmonising the actions of nations in the
attainment of these common ends " (Article 1, paragraphs 3 and 4
of the Charter of the United Nations). The implementation of
these aims is the responsbility of the Economic and Social Council
and its competent commissions, and where appropriate, the Trusteeship Council.
(ii) The International Labour Organisation, which was established
to promote the " . . . interests of workers when employed in countries other than their own " . (Preamble and Article 1, paragraph 1
of the Constitution of the International Labour Organisation.)
The International Labour Organisation has adopted a number of
Conventions and Recommendations concerning migration and is
advised in these matters by a Permanent Migration Committee.
The international organisations which are not of a permanent
character or whose consideration of migration problems is only
incidental to their other responsibilities and programmes include :
(i) Preparatory Commission of the International Refugee Organisation,

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155

(ii) United Nations Educational, Scientific and Cultural Organisation,
iii) Food and Agricultural Organisation,
iv) Interim Commission of the World Health Organisation,
v) International Bank for Development and Reconstruction.
4. The over-all co-ordination of the activities of the international
organisations enumerated in paragraph 3 above will be assured
through organs of co-ordination established in the Charter, as well
as in resolutions of the General Assembly and of the Economic
and Social Council. These organs are :
(a) the Economic and Social Council itself, which in accordance
with paragraph 2 of Article 63 of the Charter may co-ordinate the
activities of the specialised agencies,
(b) the Co-ordination Committee created by the resolution of
the Economic and Social Council of 21 September 1946. x
At the Secretariat level the direct collaboration of the competent services of the interested organisations will be supplemented,
in so far as necessary, by a consultative committee on migration.
This committee, to be eventually established by the above-mentioned
Co-ordination Committee, shall be composed of members designated
by the Secretary-General of the United Nations and by the corresponding officers of the specialised agencies concerned. The
Secretariat of the United Nations shall act as the Secretariat of the
Committee. The members of the Committee will be kept informed
through its Secretariat of all developments in the activities and
programmes of the organisations represented on it.
5. It is suggested that the following would be an appropriate
working division of responsibilities between the competent organs
of the United Nations and of the International Labour Organisation.
In suggesting this division, care has been taken to avoid the elimination from the competence of the latter organisation, of the responsibilities which have been the object of many years of achievement
by the International Labour Organisation. It is considered desirable
that any re-allocation of responsibilities be limited to problems
which either have not been dealt with on an international basis or
need a broadened or changed approach.
I. The competence of the International Labour Organisation
should include :
(a) the rights and situation of migrants in their quality as
workers, as for example :
(i) recruitment and selection,
(ii) vocational training,
iii) care during transportation,
iv) employment,
1
The Resolution of 21 September 1946 invited the Secretary-General
of the United Nations to set up a permanent committee of officers,
including the Secretary-General himself as chairman, and corresponding
officers of the. specialised institutions attached to the United Nations,
to take appropriate measures under the direction of the SecretaryGeneral to ensure the fullest and most effective application of the agreements concluded between the United Nations and the specialised institutions.

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COMMITTEE

(v) working conditions,
(vi) social insurance,
(vii) formalities in connection with the departure from the country
of residence and admission to the country of destination ;
(b) such general assistance and advice to Governments on
migration schemes as the I.L.O. may be able to give from its experience.
II. The competence of the United Nations should include :
(a) the migratory problem from the population point of view
(demographic needs, consequences and possibilities) ;
(b) rights and situation of migrants in their quality as aliens,
as for example :
(i) conditions of residence,
(ii) expulsion, deportation and repatriation,
(iii) naturalisation,
(iv) relief in case of indigency,
(v) enforcement of maintenance obligations ;
(c) economic and financial aspects of migration ;
(d) the political and legal aspects of migratory movements as
related to their social and economic aspects.
III. As regards statistics on (i) immigration, emigration and
returning emigrants, (ii) naturalisations, (iii) foreign population,
the allocation of functions will be in conformity with the terms of
the agreement established regarding the statistical activities of the
United Nations and the International Labour Office.
6. More detailed arrangements concerning the responsibilities
of the various organisations in matters of migration which may be
found necessary, will be made through the co-ordination machinery
provided for in paragraph 4.
7. It is desirable to broaden the present system of information
in matters of migration, which is very useful for study, research
and policy development, by the publication of current releases of
information covering all necessary data concerning migration possibilities and conditions in the countries of destination, for use by
migrants or prospective migrants, and by responsible governmental
and voluntary agencies. The information to be included in the
releases would be supplied by the International Labour Organisation
and the United Nations within the framework of their respective
competence as outlined in paragraphs 5 and 6 above.
8. The purpose of the co-ordination of activities of existing
organisations and of the proper allocation of responsibilities is to
achieve the best results from international efforts in matters of
migration. The basic aims of these efforts should be—
(a) a rational shaping of migration processes so as to derive
from them the maximum benefits from social (especially demographic), economic and political points of view ;
(b) developing the best organisational and financial conditions
for migratory movements of recognised utility ;
(c) achieving an equitable situation for migrants in the countries
of new residence, especially as regards the urgent problem of equality
of treatment for foreign and national workers.

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157

The means of achieving these aims should consist of supplying
information, giving technical advice and finding formulas, taking
into full account the sovereign rights of States to regulate the
admission and departure of migrants.
*

The note reproduced above gives the results of conversations
held at the Secretariat level between the United Nations and the
International Labour Office. The Governing Body of the International Labour Office will be happy to give consideration to any
observations which the Permanent Migration Committee may
think fit to express on this subject.

APPENDIX III
NOTE ON THE FIRST SESSION OF THE PERMANENT
MIGRATION COMMITTEE
(Extract from the International Labour Review, Vol. LV, Nos. 1-2,
January-February 1947, pp. 98-108.)
First Session of the Permanent Migration Committee
The Permanent Migration Committee, which held its first meeting
in Montreal from 26 to 31 August 1946, was set up by the Governing
Body of the International Labour Office in February 1940. It was
established in accordance with a resolution adopted by the Conference of experts on migration for settlement, which was held in
Geneva in March 1938. At that time, the overseas migration of
workers was encountering many difficulties. In fact these migrations, which had continued on a fairly large scale in the years immediately following the First World War, had ceased entirely during
the depression years, and were only slowly beginning again in 1938.
For industrial workers the difficulties were due to the fact that
countries of immigration, which in 1938 had not completely recovered from the depression, were willing to admit them only in
limited numbers. The particular problems arising with respect to
migration for industrial employment were placed on the agenda of
the 1938 and 1939 sessions of the International Labour Conference.
The difficulties which agricultural settlers had to face, as regards
migration, were due to other causes which the Conference of experts
was called upon to discuss. The Conference recommended, among
other measures for the solution of these problems, that the Governing
Body of the International Labour Organisation, should set up a
Permanent Migration Committee. According to the original decision, the competence of the Committee was limited to problems of
migration for settlement, as these alone appeared to call for immediate
action.
However, once war had been declared, it was realised that after
the war, the manpower problem might be very acute, either because
of a labour surplus in certain countries, or because of a shortage
in others. It was apparent even then that the migration of workers
from one country to another would be one of the essential features
of reconstruction, as was pointed out in 1941 at the International
Labour Conference held in New York. This opinion was reaffirmed
when the Inter-American Demographic Congress held in Mexico in
October 1943 recommended that American Governments should
include immigration questions in their post-war plans. The Congress
did not consider only the resumption of migration for settlement,

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but also of migration of industrial workers. The International
Labour Conference held in Philadelphia in April-May 1944 recommended to the United Nations that they should encourage the
orderly migration of workers, both wage-earners and settlers, in
accordance with the economic needs and social conditions prevailing in the various countries. After the upheaval caused by the war,
a complete revision of migration problems as a whole appeared to
be indispensable. Therefore, the Governing Body, which held a
meeting at the time of the Conference, decided to widen the terms
of reference of the Committee so as to include all aspects of migration. They also decided that the agenda would comprise the three
following items :
I. exchange of views on post-war migration prospects ;
II. forms of international co-operation capable of facilitating
an organised resumption of migration movements ;
III. racial discrimination in connection with migration.
Meanwhile, the Third Conference of American States Members
of the I.L.O. (Mexico City, April 1946) adopted a resolution calling
attention to two problems in particular ; the necessity of supplementing unilateral regulations by bilateral and multilateral agreements, and the lower living standards which may result from the
influx of a larger number of immigrants than a country can absorb.
The resolution showed that the countries of the New World consider
that immigration is necessary for them or, at any rate, desirable
after the complete stoppage of several years. This renewal of
interest is due to the difficulty experienced by these countries in
intensifying their industrialisation and in developing their potential
resources without the help of European workers and technicians.
At its 98th Session, held in Montreal in May 1946, the Governing Body, while approving the meeting of the Committee at the
above-mentioned date, added two questions to the agenda, namely :
IV. the technical selection of immigrants ;
V. the resolution concerning migration adopted by the Third
Conference of American States Members of the International Labour
Organisation.
The Office had prepared a separate report on each of the first
four items of the agenda of the Committee. It also submitted to
the Committee detailed documentation on immigration regulations
in many countries. The Permanent Migration Committee decided
to discuss the Mexico City resolution in connection with the second
item on the agenda.
COMPOSITION

When the Committee was set up, it was decided that it would
comprise representatives of all the Governments which wished to
participate. The fact that twenty-eight different countries expressed
the desire to do so is a proof of the interest aroused. These countries
were : Australia, Argentina, Belgium, Canada, Chile, Colombia,
Denmark, Dominican Republic, Egypt, Ecuador, France, Greece,
India, Italy, Mexico, the Netherlands, New Zealand, Panama, Peru,
Poland, Portugal, Sweden, Switzerland, United Kingdom, United
States, Uruguay, Venezuela, Yugoslavia. Canada, the United
Kingdom and Yugoslavia were represented at the Committee by

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observers only. The Committee's membership also included three
experts on migration questions appointed by the Governing Body
of the International Labour Office : Mr. Joseph P. Chamberlain
(United States) who took the place of Mr. George Warren ; Mr.
H. Doria de Vasconcellos (Brazil) ; and Mr. Paul Van Zeeland
(Belgium) ; four advisory members representing : (a) the United
Nations (Mr. Perez-Guerrero and Mr. E. Lozada) ; (b) the United
Nations Relief and Rehabilitation Administration (Mr. A. H.
Robertson) ; and (c) the Intergovernmental Committee on Refugees
(Miss Martha H. Biehle) ; and three representatives of the Governing
Body (Mr. Amado, Government representative, Brazil ; Mr. H. W.
Macdonnell, employers' representative, Canada, and Mr. Bengough,
workers' representative, Canada). The Committee unanimously
elected Mr. Paul Van Zeeland as Chairman, Mr. Wheeler, representative of Australia, as Vice-Chairman and Mr. Chamberlain as
Reporter.
PROCEEDINGS

Mr. Edward Phelan, Director-General of the International
Labour Office, opened the meeting. He pointed out that the Committee, as a part of the International Labour Organisation, is an
advisory body which is called upon to tender advice to the Governing Body on all questions which are placed before it. Migration,
however, stated Mr. Phelan, is a general problem which has many
aspects involving labour conditions, economic and financial questions,
and political questions, some of which more appropriately fall Within
the competence of other international organisations.
PRESENT-DAY MIGRATION PROSPECTS

Most of the Governments represented considered that migration
must be resumed. However, they were not all equally interested
in the resumption of migration and their interest was manifested
in different ways. Among the countries represented on the Committee, only Greece, Italy, the Netherlands, Switzerland and India
can be considered as countries of emigration ; Portugal might be
added and, as regards migration within the British Commonwealth,
the United Kingdom, although the British observer abstained from
making any statement, and this country is experiencing a shortage
of labour at present. For Greece, Italy and India, emigration
requirements are comparatively large and, for the first two countries,
urgent.
The Greek Government representative stated that the devastation which his country had undergone rendered emigration more
necessary than in the past for raising the standard of living of the
population.
The present Government of Italy, according to its representative,
favours the resumption of emigration on a large scale as a part of
reconstruction as a whole. As a matter of fact, emigration has
already begun as a result of agreements made by Italy with Belgium,
France, Poland, Switzerland, and Czechoslovakia. In virtue of the
agreement with Belgium, fifty thousand miners were to go to that
country, thus permitting Belgium to send Italy three million tons

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161

of coal a year. The agreement with France provided for the recruiting of twenty thousand Italian emigrants. Since February 1946,
thirty-five thousand Italian workers had been granted individual
contracts allowing them to be admitted to Switzerland. However,
the Italian Government is also considering important overseas
emigration to Latin-American countries in particular. On their
side, some representatives of these countries were most favourably
disposed towards Italian immigration.
The Indian representative emphasised the overpopulation of
his country, of which the population of four hundred million is
increasing at the rate of five million a year. Emigration would
provide one of the solutions of this problem, although it must be
understood that Indians do not wish to go where they are not
welcome.
As regards European countries other than Greece and Italy, the
situation is different. They are experiencing a shortage of labour
for their own reconstruction requirements or for orders placed with
their industries or with agriculture. The fact that no one was able
to leave during the war means that certain countries have persons
wishing to emigrate, but the need is not urgent. In Denmark, as
the Danish member stated to the Committee, it is the duty of the
Emigration Office to find suitable jobs for those who wish to leave
the country on account of economic reasons only. In the Netherlands, as was pointed out by the representative of that country,
the population, which is now nine million, is increasing at the rate
of one hundred thousand a year in spite of the great losses suffered
during the war. A distinction should be made between agriculture
and industry in the Netherlands. There is a labour shortage in
industry, especially a shortage of skilled workers, because vocational
training came to a standstill during the war, as in most of the countries of Europe. The same state of affairs exists in agriculture
as regards wage earners. However, it is difficult for the number of
farmers to be increased, as farms are not large enough to be divided
up any further without economic loss. Thus, the children of
farmers, if they wish to exercise their fathers' occupation, must
emigrate to countries where they can acquire land under satisfactory
conditions. This problem, however, is not urgent enough for emigration without satisfactory assurance that the desired aim will be
attained, namely, the settling of those concerned on their own
account. Although Switzerland receives every year thousands of
seasonal workers, there are, according to the Government representative, many persons who wish to emigrate. In future this wish
might become a necessity, if the labour market, which is at present
extremely favourable to workers, were to deteriorate. There are
also in Switzerland sixty thousand Swiss nationals who formerly
lived in Germany, of whom a certain number who have not been
able to find employment suited to their vocational aptitudes would
like to seek employment in other countries. Finally, out of the
two hundred thousand refugees to whom Switzerland gave hospitality
during the war, there remain twenty thousand, including women
and children, who constitute a potential source of emigration.
It is evident that there are at present in Europe, not counting
Germany, fewer countries of emigration than before the war. The
Polish representative, for example, pointed out that not only is
Poland no longer a country of emigration on account of the loss of
six million inhabitants and the tremendous destruction which took

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COMMITTEE

place in 1939, but she is anxious to repatriate nationals who emigrated
voluntarily or involuntarily during the war. Some of the surplus
workers in some European countries may find employment in others,
as exemplified in the agreements entered into by Italy. In Sweden,
according to the statement of the Swedish member, the Government
set up in July 1946 a committee for the purpose of studying the
methods of adapting new investments of capital to the number of
workers available and of effecting a better distribution of workers
in order to reduce the shortage. During the war, Sweden gave
hospitality to refugees who, at certain times, numbered two hundred
thousand. There were still approximately 116,000 last July, of
whom forty-seven thousand were employed. In France, according
to the French member, the time can be foreseen when labour shortage
will be a greater menace to national economy than the present
shortage of raw material. According to the estimates of the competent services, about one million foreign workers will be needed
in the country until 1950. Thus France is becoming once more
one of the most important countries of immigration in the world,
and will contribute to the development of migration on the European
continent, possibly to the detriment of overseas migration.
The Refugee Problem
There are, however, in Europe a great number of potential emigrants among refugees and displaced persons. According to estimates made by U.N.R.R.A., their numbers reached the figure of
1,084,000 on 31 March 1946. The great majority of these refugees
were nationals of European countries. This figure does not include
refugees from former upheavals—212,000 Spanish Republicans,
110,000 refugees, mostly Jews, from Germany, Austria and the
Sudeten area, 150,000 Russian refugees, 100,000 Armenian refugees,
one thousand Assyrian refugees, five thousand refugees from the
Saar.
The Permanent Migration Committee was not called upon to
study the problem of refugees, which is under the Intergovernmental
Committee as regards their resettlement and under U.N.R.R.A. as
regards maintenance. Moreover, the Assembly of the United
Nations has approved the setting up of a new organisation to deal
with assistance to refugees and their re-emigration. In the meantime it was pointed out to the Committee by the U.N.R.R.A. representative, that this organisation, which is now being dissolved, had
carried out intensive propaganda in refugee camps to persuade
refugees to return to their native land. The British and American
military authorities had agreed to give those who returned voluntarily to their own country provisions for three months for themselves and their families ; the French authorities were studying the
possibility of doing this also. By this measure U.N.R.R.A. hoped
that the resettlement problem would be solved for a great number
of refugees. The fact remains that there are still several hundred
thousand persons who cannot be repatriated. However, as pointed
out by the representative of the Intergovernmental Committee, it
is not to be expected that a problem of this magnitude can be solved
for a long time to come, considering the disproportion between the
number of refugees and the capacity of the countries of immigration
to absorb them. For example, according to existing laws, the

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United States could receive only an average of 3,900 a month, a
figure which has not been reached so far. It would be possible to
accelerate this movement, according to the statement of the United
States representative, if the present administration were authorised
to utilise for the admission of refugees the annual surplus of the
various national quotas. In any case, the re-emigration of so great
a number of displaced persons raises many problems of information,
selection, transportation, etc., which, from the technical point of
view, are the same as the problems of normal migration, as the
Committee recognised. Until the new organisation is set up, the
Intergovernmental Committee was authorised to negotiate the
conditions of their settlement with the Governments willing to
accept them. For this purpose missions have been sent to certain
Latin-American countries.
Prospects in Non-European

Countries

The statements made at the meeting of the Committee showed
that many countries are prepared in principle to receive immigrants.
Several of them are willing to admit refugees and displaced persons.
The population of Australia, said the Australian member, is slightly
over seven million and the Government is considering increasing
it by about 2 per cent, a year. As the excess of births over deaths
is seventy thousand a year, immigration must supply a further
seventy thousand if this objective is to be attained ; the majority
must be British subjects, but not the total number. The New
Zealand member explained that the future immigration policy of
his Government had not been defined, as the Government was
waiting for the presentation of a report of a Parliamentary Committee on Population. The Argentine immigration law dates from
1876 and, according to the Argentine member, it may be necessary
to amend it if the country is to resume her traditional role as one
of the most hospitable countries, as she intends to do. As in New
Zealand, an ad hoc committee is studying the question. Brazil,
which is experiencing an acute labour shortage, is willing to receive
immigrants at once, whether they are workers or refugees, and
negotiations are on foot with this end in view. According to the
statement of the Government representative of the Governing Body,
the immigration policy of Brazil includes action not only by the
federal Government but also by the Governments of the States.
The Chilean member said that a Bill which is before the Chilean
Congress provides for the allocation of six hundred million pesos
for the admission of several thousand families of skilled workers,
fishermen and agriculturists. Other Latin-American countries
which formerly admitted a comparatively small number of immigrants wish to speed up immigration. The Ecuador representative
spoke of the measures which had been taken in his country to
encourage immigration and described the opportunities open to
immigrants. Peru, according to the Peruvian member, is also
open to all immigrants who are capable of contributing to its economic development, that is to say, to industrial workers and agriculturists. The same may be said of Panama, stated the member
representing that country. Venezuela, said the Venezuelan member,
has admitted six thousand immigrants since 1940. The Venezuelan
Government is studying public works programmes which could

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increase its absorptive capacity and is conducting negotiations with
the United States Government in order to obtain the collaboration
of that country. The Uruguayan member said that immigrants
will be admitted to Uruguay without any restriction except that of
health, provided they are not Quislings harmful to democratic
American traditions. Although Mexico is not a country of immigration, said the Mexican member, it has admitted many refugees
in the past and is ready to admit others, in particular, Spanish
republicans. The member from the Dominican Republic, reminded
his hearers of the plan for settling in his country European Jews
who had been the victims of persecution.
Egypt, on the contrary, which during the war gave hospitality
to hundreds of thousands of persons, would not be able, said the
Egyptian representative, to admit other immigrants in the near
future.
Obstacles to the Resumption of Migration
The resumption of migration presents difficulties, however,
principally in the matter of transport from one continent to another.
It was pointed out, in particular by the representatives of Australia
and of New Zealand, that even if the available tonnage were sufficient
for large-scale movements, their countries would wish to use it for
repatriating their armed forces or their nationals who have been
forced by the war to remain in foreign countries. Moreover, migrations cannot be organised on a proper basis if the influx of immigrants into a country is not in exact proportion to the capacity
of the labour market to absorb them, as was stated by the Committee in one of its resolutions. Certain countries of immigration
which took part in the war consider that they are unable to estimate
this capacity of absorption until the demobilised forces, and workers
formerly engaged in the production of armaments, are once more
incorporated into civil life. It must also be remembered that almost
everywhere the war has caused a housing shortage which migration
would only accentuate. Transportation and housing difficulties,
although they are temporary and differ from one country to another,
are so important that they were mentioned by the Committee in
the resolution on the first item on the agenda as subjects which
should be dealt with by close international collaboration between
the countries concerned.
FORMS OF INTERNATIONAL CO-OPERATION CAPABLE
OF FACILITATING RESUMPTION OF MIGRATION MOVEMENTS

In addition to the above-mentioned difficulties, which are of a
temporary nature, it will be very difficult to resume migration on a
large scale until harmony has been established between what the.
Chairman called the four interests concerned—that of the migrant
himself ; that of the country of emigration ; that of the country of
immigration ; and that of world society. The harmonising of these
interests would be more easily attained if the different aspects of
the problem were considered separately : recruitment, selection,
transportation, settlement, conditions of work, equality of treatment, etc., in order to obtain on each question the collaboration

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165

of the States concerned. For this purpose the Office report on the
second item on the agenda contained a practically complete list
of all these questions with a summary of the results obtained in the
past by international action. The Committee, however, considered
only a smaller number of points.
Model Agreement for Bilateral Co-operation
The Committee recognised the fact that the solution of many
technical problems might be reached by bilateral agreements between
the States directly concerned. For this purpose it recommended
that the Office should study " the question of a model agreement
for the use of Governments in negotiating Conventions and agreements regarding migration ". The Office is asked, not only to draw
up, after the usual consultations with Governments, the list of
points which it would be desirable to include in a model agreement
for the guidance of Governments ; it is also asked to study methods
of collaboration between the States concerned or, in other words,
the machinery necessary for ensuring the enforcement of the agreement, such as bilateral technical committees which are utilised
between European countries. The question will then be placed
on the agenda of the second session of the Committee with a view
to consideration, subsequently, by the International Labour Conference.
Revision of the Migration for Employment Convention
This question is closely connected with another question which
was studied by the Committee, namely, that of the revision of the
international Convention of 1939 concerning migrant workers, and
also of the two related Recommendations. The Convention deals
with certain general principles which the States who ratify pledge
themselves to observe concerning information and assistance to
migrant workers, the regulation of recruitment, the introduction
and placing of workers and also equality of treatment for foreign
workers and nationals. The first Recommendation concerns mainly
the methods of applying these principles by national laws and regulations. The second Recommendation, which is addressed to States
between which the volume of migration is fairly considerable or
between which collective migration takes place, invites these States
to conclude bilateral or plurilateral agreements in order to ensure
a better application of the provisions of the Convention and of the
first Recommendation.
Whatever the value of the Convention may be, it has not yet
been ratified by any State, although certain States have used it as
a basis for regulating migration movements between themselves.
Certain delegates, in particular the Swiss representative and the
Brazilian expert member, stated that ratification is unlikely until
some of its provisions have been revised. Consequently, the Committee recommended that the Governing Body should consult the
Governments on the advisability of revising the Convention and
place this question on the agenda of the next meeting of the Committee, with a view to it being considered by an early session of the
Conference.

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PERMANENT MIGRATION COMMITTEE

The Financing of Migration
To an even greater degree than before the war, the financing
of migration is a difficult problem. The absorptive capacity of
several countries willing to admit immigrants, especially in Latin
America, would be greatly increased if the development of their
resources could be speeded up. The transportation of a large
number of workers from one continent to another, or to the interior
of any continent, their reception, and in some cases their vocational training, require a considerable outlay of money. Still
greater sums are needed in the case of settlers placed on land which
must be bought and made ready for use at high cost and which
brings in returns only after a number of years. It was pointed
out by several delegates, in particular by the Venezuelan representative, that they considered the financing of migration as an
essential point. Although for India, formerly a debtor country
and now a creditor country, the problem does not exist, it is an
acute one for most of the others. On account of the lack of foreign
exchange the Netherlands, for example, cannot finance without
help the transfer to foreign countries of the settlers whose expatriation the Government is considering. Italy is in the same situation.
When both countries concerned—the country of emigration and
that of immigration—are poor in capital, the cost of migration would
have to be borne by another State. As migrations are, as the
Chairman stated, a concern of the international community as a
whole, the international community should contribute to their
financing. The Committee adopted this point of view and in the
resolution on the second item on the agenda recommended that,
when the co-operation of the two countries directly concerned is
inadequate for solving the problem of financing, it should be referred
to the International Bank for Reconstruction and Development.
As migrations should not be considered an end in themselves, the
Committee considered that their financing should be included in
the general financing of economic development, of which they
merely constitute one aspect. Inversely, states the resolution, it
would be desirable, when projects of economic development are
considered, to take into account the extent to which such projects
contribute to the solution of migration problems.
Machinery for International Co-ordination of Migration
When discussing the second item on the agenda, the Committee
took up the question of establishing an international migration
institute. Although the establishment of such an institute has
never formed the subject of an authoritative decision, the suggestion has often been made and, in general terms, the Chairman recommended the idea to the Committee. He stressed the necessity for
co-ordinating the activities of the United Nations and of the various
specialised agencies which are now dealing with different aspects
of migration. The Committee refrained from requesting the setting
up of a new organisation, a question which is more within the cometence of the United Nations, but recognised that a co-ordinating
ody would have important activities to exercise which, according
to the resolution adopted, may be considered under four headings :
(a) the collection of information from Governments and other

APPENDICES

167

sources on all the factors which affect migration in the country of
emigration or immigration ; (b) the sending of study missions at
the request of the Governments concerned with a view to investigating on the spot settlement conditions and migration schemes ;
(c) the placing at the disposal of the Governments of qualified
experts and the giving of opinions and advice for formulating
migration schemes ; (d) co-operating with Governments and with
the international organisations concerned in promoting and financing
migration in relation to industrial or agricultural development
schemes. In other words, the question is to ensure co-ordination,
at the international level, of responsibilities in respect of migration
which are at present divided among various institutions, including
the International Labour Organisation. However, according to the
terms of the resolution, this co-ordination could be ensured either
by a central co-ordinating body or otherwise, and the best methods
should be studied by the Governing Body in co-operation with the
Economic and Social Council of the United Nations. The resolution
adds that, whatever decisions may be taken concerning this question,
the International Labour Organisation should continue to be responsible for all migration matters falling within its competence.
The Assimilation of Immigrants and Equality of Treatment
When dealing with the second item on the agenda, the Committee discussed other principles which affect the resumption of
migration. The representative of the United States, supported by
the Mexican delegate, stressed the importance of temporary migrations similar to those which took place between the United States
and Mexico during the war in order to solve the manpower problem
in agriculture and the railways of the United States. On their
suggestion, the Committee suggested that " the International Labour
Office should continue and expand its studies and its assistance to
Governments in respect of the recruitment of persons for temporary
migration for employment, and in particular should study the
question of guaranteeing a reasonable amount of paid employment
to such persons in the immigration country " .
Another point to which the immigration countries attached the
greatest importance was that immigrants should be prepared to
become nationals. The assimilation of immigrants is an essential
matter, in the eyes not only of the Governments, but also of the
people of the immigration countries, as was pointed out' by the
workers' representative of the Governing Body, speaking in the name
of the Canadian workers' organisations. The emigration countries
also supported this point of view. They recognised, as the Swiss
representative stated, that emigrants should be prepared with a
view to facilitating this final stage of migration. However, they
also urged, with the support of the New Zealand representative,
that the immigration country should take an active part in helping
immigrants to adapt themselves to the economic and social conditions of the country and eventually to become citizens. As a matter
of fact, in some countries citizenship is difficult to obtain. In
supporting this twofold proposal—that permanent immigrants
should become citizens of the immigration country and that the
latter should help them in this task—the Committee had in mind
not only the legal difficulties which make naturalisation difficult,

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but also the economic and social aspect of the question. Assimilation calls for a changed psychology and new habits in the immigrant.
But the immigrant must also have the assurance, as the resolution
of the Committee points out, that he will receive, in respect of
conditions of work, the same treatment as nationals. Various
international labour Conventions contain provisions for equality
of treatment. There is, however, as was pointed out at the Mexico
City Conference, another side to this question which will be dealt
with later in connection with racial discrimination—immigrants
should not accept inferior conditions of work, resulting in a lower
standard of living for the nationals of the immigration country.
In this field the Committee merely suggested that the Office should
continue to study the best methods of preventing such a state of
affairs : the fixing of a minimum wage or the adoption of other labour
and social standards for incorporation into international agreements
concerning migration.

RACIAL DISCRIMINATION IN CONNECTION WITH MIGRATION

It was shown by the discussions of the Committee that the
question of racial discrimination is, to a certain extent, connected
with equality of treatment and assimilation. The factual report
which was submitted by the Office on this point showed that there
are two kinds of racial discrimination, that which consists in refusing
admission to immigrants of certain races, even though they meet
the other legal conditions required for admission, and that which
consists in according less favourable treatment to these immigrants
when they have been accepted. This less favourable treatment is
almost never due to legal provisions ; it is generally the result of
the attitude of the nationals of the immigration country towards
immigrants. For this reason they live more or less in a state of
segregation and are excluded either from various organisations and
associations or from jobs which they are capable of filling. During
the last few years, several examples of discrimination of the first
type have been abolished, for instance those which certain LatinAmerican countries applied to the Chinese and which the United
States applied to the Chinese, Indians and Filipinos. In the United
States, persons of the above-mentioned nationalities are now admitted
without any restrictions except those of the quota system which is
applicable to immigrants of all nationalities.
Either because of these restrictions to admission, or because
people refuse to emigrate if they know they will receive differential
treatment, racial discrimination checks the flow of migration which
might otherwise be considerable. In the opinion of the Indian
delegate, it constitutes a psychological danger in as much as it
affronts the pride of a people, which is not conducive to peace ; it
creates dangers of an economic and demographic nature on account
of the disproportion between underpopulated and overpopulated
territories and is thus a deterrent to the full exploitation of natural
resources. Like the Indian delegate, the Mexican representative
recognised that the problem is due to prejudices which will take a
long time to disappear. Both speakers paid a tribute to the efforts
made in this direction by the Government of the United States.
The delegate of the United States declared that his Government

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169

would continue its efforts to translate into practice the equal rights
and equal treatment provided for in national legislation.
Representatives of the immigration countries and in particular
those of Latin-American countries, in whose history, as the Government representative of the Governing Body pointed out, the mixture
of races has played an important part, were unanimous in affirming
the principle of equality of treatment, whatever may be the race of
the immigrants. Some of these representatives, however, stressed
the fact that Governments have the right to choose immigrants
who are most likely to be assimilated and to adapt themselves to
existing conditions. In virtue of this right, they may consider it
necessary to refuse immigrants from certain ethnic groups, not for
arbitrary reasons, but because they wish to conserve demographic
unity as well as the standard of living of their own population.
This point of view was upheld in particular by the Argentine delegate, the Australian delegate and the New Zealand representative.
The Committee took their remarks into consideration in framing
the resolution which was adopted on this item on the agenda. The
Committee was unanimous that practices based upon racial discrimination " are to be condemned " as contrary to the principles contained in the Declaration of Philadelphia and affirmed by the Chapultepec Conference and by the Third Conference of American
States Members of the International Labour Organisation. It
considered, however, that certain aspects of the question, such as
that of education which was emphasised by the Panama delegate,
are not within its competence but rather within t h a t of the United
Nations and in particular of the Commission on Human Rights.
As regards discriminatory practices in connection with migrations,
the Committee reached the conclusion that such practices " can be
more easily overcome if a broader and longer view is taken on the
problem and more particularly if all possible encouragement and
assistance are given for the progressive adaptation of immigrants
to their new environment " .
The Brazilian expert member raised another question which
relates racial discrimination with the migration problem in general,
although it is not within the competence of the Committee. The
treatment of indigenous persons in dependent territories which
compete in world markets with independent States which produce
tropical goods hampers the economic development of these States,
thus reducing their capacity to admit immigrants. Representatives
of other Latin-American countries, among them the Chilean delegate
and the representative of Mexico pointed out that discrimination
is practised against the nationals of immigration countries by the
foreign undertakings established there.

T H E TECHNICAL SELECTION OF MIGRANTS

The adaptation of the immigrant to his new surroundings, which
had already been discussed in a general way by the Committee,
was discussed anew from a more practical standpoint in connection
with the technical selection of migrants. The purpose of selection
is to ensure that the emigrant has the required qualifications, not
only for succeeding in his occupation but for cheerfully accepting
his future life in the immigration country. His failure may affect

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not only himself, but also the countries of origin and reception.
During the period between the two World Wars, bilateral methods
of selection for industrial and agricultural workers were applied and
greatly improved by certain European countries for continental
migrations. With the exception of measures taken within the
British Commonwealth, this statement does not apply to overseas
migration, which except in a few cases, has so far taken place either
freely or under unilateral regulations. Immigration laws in force
in most countries provide for the exclusion of certain groups of
persons—which is in itself a form of selection—but they do not
include rules to ensure the recruitment of those who could most
easily be adapted to the national environment. Yet such rules
will become more and more necessary as migration is organised.
The report which the Office submitted to the Committee in
addition to suggesting the need for selection, examined two related
problems, namely, the organisation of the selection of migrants and
their vocational training. When recruitment is carried out on a
large scale, difficulties generally arise unless such training is given.
All the speakers who dealt with this subject stressed the importance of the technical selection and especially of the vocational
training of migrants. They also stressed the fact that the establishment of criteria of selection should be used, as states the resolution
adopted by the Conference, not for the purpose of restricting migration but on the contrary of " helping the immigrant to adapt himself
to the conditions in the country of immigration ". This adaptation
depends, clearly, on the measures taken by the country of immigration for migrants on their arrival, as was stated by the representative
of the Intergovernmental Committee on Refugees. But it also
depends on the characteristics of the immigrants and, in particular
on : (a) their physical condition, especially when they originate
from countries where climatic conditions differ considerably from
conditions in the immigration country ; (b) their psychological
characteristics ; (c) their age and the composition of their family,
particularly in the case of migrants for agriculture ; (d) their occupational qualifications, whether agricultural or industrial. The
resolution suggests that immigration countries should, in the light
of past experience, establish criteria for the technical selection of
migrants covering these four categories of characteristics.
The establishment of criteria constitutes only the first step in
the organisation of selection. The emigration country must have
precise information concerning conditions prevailing in the immigration country and in particular in the occupation for which the
workers are recruited. Close international co-operation is necessary
for this purpose ; although the principle has been recognised, it has
not generally been applied in a manner entirely satisfactory from the
technical point of view. The Swiss delegate, told the Committee
that the authorities of emigration countries are importuned by
requests for information from workers who wish to emigrate, and
find it extremely difficult to give them any satisfaction, even when
they apply to the diplomatic or consular services of the immigration
countries. For this reason the Committee urged that the services
responsible for migration in the two countries concerned should
co-operate either directly or through international agencies.
Adopting a principle already contained in an international Recommendation of 1939, the Committee considered that selection
should be effected in the emigration country. " Selection should,

APPENDICES

171

whenever possible, be undertaken by public services ; settlers should
in appropriate cases be selected by qualified agents of settlement
organisations, in agreement with the competent migration services
of the immigration and emigration countries ".
As regards vocational training, some members of the Committee
considered that it should be given to migrants in the immigration
country. The Committee did not adopt this view and suggested
that training courses should be organised both in emigration and
immigration countries, for two reasons. In the first place, it is
desirable that the emigrant, before leaving his country, should be
given some general information as to conditions in the country to
which he is going, including, as stated in the resolution, the language,
economic and social conditions and naturalisation regulations. The
other reason is that some emigration countries have already acquired
experience in training their own emigrants, as was pointed out by
the Netherlands member. This is not the case for all countries,
though a few countries such as the United States have at their
disposal excellent facilities for training both their own workers and
immigrants. The same may be said of France, whose Government
intends to set up 750 centres to accelerate vocational training, of
which 120, according to the French delegate, were already in operation in August 1946 and a hundred more would be in operation at
the end of the year. Foreign workers are sent to these centres, if
necessary, as they arrive. The Committee considered that the
vocational training of migrants could be given either, as in France,
in courses for all workers, or in courses especially organised for them.
If it should be necessary to divide this work, the migrants might
receive preliminary preparation of a general nature in their own
country and more complete training in the immigration country.
In both cases it is desirable that the two countries concerned should
co-operate in drawing up the programmes. The Committee did not
recommend the establishment of international training centres
although aware of what U.N.R.R.A. has accomplished in this field.
The Committee were of the opinion that the best preparation for
land settlers is to be employed as wage earners in the immigration
country before they settle on their own account, provided they
receive the same wages as the nationals of the country.
Finally, the Committee invited the Governing Body to place on
the agenda of an early session of the International Labour Conference
the question of the technical selection of migrants and provisions
for their training. They also suggested that the Governing Body
should study the possibility of centralising available documentation
on the training of migrants. Such documentation should include
films, as suggested by the representative of the United Nations.

CONCLUSION

The above summarises the deliberations of the first session of the
Permanent Migration Committee and in particular the suggestions
contained in the four resolutions adopted on the four items on the
agenda. The resolution on the second item contains other decisions
concerning the present and future activities of the International
Labour Office. While approving the programme of international
action submitted by the Office in order to facilitate the resumption

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COMMITTEE

of normal migratory movements, the Committee invited the Office
to " collaborate with the Secretariat of the United Nations, the
Intergovernmental Committee on Refugees and the proposed International Refugees Organisation with a view to providing information
about migration policies and otherwise assisting in the work of
resettlement of refugees and displaced persons ". In a more general
way, it considered that the Office should develop migration work,
" to meet post-war needs ".
As a consequence of the work of the Committee, the International
Labour Conference may be requested to revise the 1939 Convention
concerning migrant workers and also the two Recommendations on
the same subject. If the Governing Rody approves, the question
of a model agreement concerning migration and also the problem
of the technical selection and vocational training of migrants will
be discussed by the Conference. Apart from the important results
achieved in the technical field, the Committee has taken a step
forward in the international regulation of migratory movements.
In the words of the Chairman, " the work is certainly far from
complete, as it is a far cry from issuing a statement of general principles to putting them into practical operation. But the very fact
that a group of persons can come together from distant corners of
the earth and reach agreement on a series of principles is a contribution in the long run to putting these ideas into effect. The service
rendered by the Committee towards solving migration questions
will some day directly affect the daily lives of men and women and
bring them assistance."
At the 100th Session held in Montreal in October 1946, the report
and the resolutions of the Committee were laid before the Governing
Body.