Migration for Employment Convention (Revised), 1949 (No. 97) - Guyana (RATIFICATION: 1966)

CMNT_TITLE

Migration trends. The Committee notes the information provided by the Government in its report indicating that, between 2018 and 2020: 348 work permits were delivered in the mining sector (263 for men and 85 for women) and 4,568 in the gas and oil sector (3,162 for men and 1,406 for women) to migrant workers from all the regions of the world. The Committee also notes that, in its 2018 concluding observation, the United Nations Committee on Migrant Workers (CMW), remarks that although Guyana has traditionally been a country of origin of migrant workers, with migratory movement mainly in the direction of North America and Europe, it “is also a country of destination for migrant workers, primarily from Brazil, Suriname and Venezuela (Bolivarian Republic of), and has increasingly become a country of transit for migrants from Cuba, Haiti and Venezuela (Bolivarian Republic of).” (CMW/C/GUY/CO/1, 2018, paragraph 4). It also notes that in launching the elaboration of Guyana Migration Profile (September 2021), the International Organization for Migration (IOM) confirms that the dynamics of migration in Guyana are changing, as the country is positioned to be one of the largest oil-producing countries in the Western Hemisphere. It is anticipated that this will result in an increase in flows of skilled and less-skilled immigration towards Guyana. Guyana is now home to nearly 30,000 migrants who have left the Bolivarian Republic of Venezuela in recent years. Reporting in 2019 suggested that more than 8,000 Haitians entered Guyana in half a year, and that the number of Cuban visitors to Guyana over any given 12-month period could be as high as 50,000. Despite evidence of Guyana being used a transit country, many of Guyana’s visitors do return to their country of origin.

Information on migrant workers from the Bolivarian Republic of Venezuela. The Committee notes the Government’s indication that it has adopted a humanitarian approach with migrants coming from Venezuela and established a Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela into Guyana with United Nations agencies to address the challenges these migrants face and provide the necessary assistance. In particular, there is no discrimination in access to health, education, and other government services by these migrants in Guyana, and children have free access to state schools and health care. In this regard, the Committee also notes that the Quito Process (Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Guyana, Mexico, Panama, Paraguay, Peru, and Uruguay) was initiated in 2018 to promote communication and coordination between countries receiving Venezuelan refugees and migrants in Latin America and the Caribbean. One of the main objectives of the Quito Process is the exchange of information and good practices and to articulate a regional coordination to respond to the crisis of Venezuelan refugees and migrants in the region. With more than five million Venezuelan refugees and migrants in the world, around 85 per cent of which are in Latin America and the Caribbean, the region faces new challenges in terms of the mobility of people, access to basic and protection services, inclusion in labour markets and social cohesion. The Committee notes the Government information that the ILO and the United Nations Development Program (UNDP) joined forces to develop a Regional strategy for socio-economic integration, geared towards the main host countries for the refugees and migrant population from Venezuela, in particular, to government institutions that have some degree of competence in the socioeconomic integration of this population, and to employers’ and workers’ organizations, with the aim of promoting social dialogue around this area. According to the statistics collected for the formulation of this strategy, Guyana hosts 2.8 per cent of the migrant population from Venezuela. Furthermore, the displacement-tracking matrix elaborated by the IOM (October 2018 and May 2019) gives an overview of the situation of these migrants and provides data by region, level of education, gender, and civil status amongst other. The Committee requests the Government to provide information on:(i) the implementation of the regional strategy (including any difficulties encountered) and its impact on the working conditions and livelihood of migrant workers from the Bolivarian Republic of Venezuela based in the country; and(ii) the activities of the Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela.

Article 1 of the Convention. Information on national policies, laws and regulations. In light of the lack of information provided in this regard by the Government for quite some time, the Committee requests the Government to provide:(i) updated information on any policies, laws and regulations taken regarding migrants leaving or entering the country seeking employment, and on special provisions on migrant workers and their conditions of work and livelihood, as well as on general agreements and special arrangements; and (ii) statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered, referring it to Paragraph 5(2)–(4) of The Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. In its reply, the Government recalls that the country is part of the CARICOM Single Market and Economy (CSME) and indicates that Guyanese who are seeking employment within CARICOM member states can obtain information and assistance from the Ministry of Foreign Affairs and International Cooperation and the CARICOM Secretariat, while persons seeking employment outside of CARICOM do so on their own. However, the Government has established consulates and embassies in other countries, to assist and provide the necessary information. In view of the new migration dynamic in Guyana described above, the Committee asks the Government to indicate: (i) any measures taken or envisaged to provide or fund the provision of accurate information or other assistance to migrant workers arriving in Guyana (in transit or as a final destination); and (ii) the type of service and information offered by the Ministry of Foreign Affairs and International Cooperation, the CARICOM Secretariat, Consulates and Embassies to Guyanese workers abroad and to the migrant workers in Guyana.

Article 3. Misleading propaganda. Previously the Committee noted the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03 but recalled that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country and requested the Government: (1) to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment; and (2) to provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers. Concerning the application of the Defamation Act with respect to migration, the Government indicates that it is not aware of any such case. As regard the steps being taken to prevent migrant workers being subject to misleading information, the Government states that information is provided to workers who are seeking employment in the CARICOM Member States (including Guyana) and that, additionally, the CARICOM Secretariat located in Guyana is a source of information on the free movement of persons within CARICOM. The Committee recalls that the existence of official or authorized information services does not suffice to guarantee that migrant workers are sufficiently and objectively informed before migrating. Workers should also be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved (see General Survey on Migrant Workers, 1999, paragraph 214). The Committee requests the Government to provide information on: (i) the proactive steps taken against misleading propaganda relating to emigration and immigration, such as for example, provisions against misleading propaganda in the press, television, and radio, through labour contracts, internet, etc.; and (ii) its cooperation on the matter with the competent authorities of other countries concerned, in particular countries from CARICOM.

Article 5. Entry requirements and testing related to health. The Committee recalls that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee notes that the Government highlights that: (1) there is no known case pursuant to sections 3(1) (a), (g) and (h) along with section 15 of the Immigration Act, Cap 14:02 that has been dealt with; (2) the relevant sections of the Immigration act have to be applied in conjunction with the Public Health Ordinance; and (3) section 3(1)(a) of the Immigration Act will be reviewed. The Committee requests the Government to provide information on any development linked to the revision of the Immigration Act and to provide a copy of the amended text as soon as adopted. Finally, the Committee requests the Government to indicate how the newly adopted legislation will impact on the exclusion of non-nationals seeking employment in Guyana.

Furthermore, in its previous comment, the Committee noted that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. In this context, the Government indicates that there has been no case where a migrant worker has been refused entry based on section 3(1)(b) and (2) as the Government does not discriminate on the ground of HIV/AIDS and it does not apply the restrictive sections of the Act on an ad hoc basis. However, the Government underlines that, due to the COVID 19 pandemic, like the rest of the world, it has adopted similar or equivalent COVID 19 protocols and measures as other countries did (including developed countries) for nationals and non-national, including migrant workers. In general, the recommendation is to avoid travelling to Guyana (level 4/4 – very high risk - on the COVID 19 scale).

Article 6. Equality of treatment. The Committee notes that in application of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act apply to all workers, including migrant workers and that the purpose of these legislative measures to ensure that fair and equitable treatment is afforded to all workers. The Committee further notes that the Government has been working with the international community to ensure that migrant workers have access to the services offered by the Government. For example, via IOM assistance, Guyana provides interpretational services to migrant workers to ensure that they express their grievances accurately and seek the requisite advice. The Committee further notes the Government’s indication of pending case of a Brazilian migrant worker brought against Guyanese employer for non-payment of wages, which illustrates that migrant workers have access to Government services in the event of alleged violation of non-discrimination laws in employment and occupation. The Committee requests the Government to provide information on the outcome of the case and to continue providing such information, as and when it becomes available.

Article 8. Maintenance of residence in the case of incapacity for work. In its previous comment, the Committee noted that: (1) under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds; and (2) section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. In its previous report, the Committee enquired about the protection of the rights of residence of migrant workers who have acquired permanent residence status and their dependents is protected in the event of illness or injury that occurs after entry. In its response the Government stated that once migrant workers are in compliance with the immigration requirements and have secured their work permit, they are afforded the same treatment as all other workers and that additionally, they are required to contribute to the National Insurance Scheme which ensures that they receive the same benefits as all other workers. In light of these responses, the Committee requests the Government to amend the Expulsion of Undesirables Act and Immigration Act so as to make it clear that migrant workers who have been admitted on a permanent basis, and the members of their family who have been authorized to accompany or join them, shall maintain their right to residence (including those who have to rely on public funding) and not be returned to their territory of origin or the territory from which they emigrated because the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee takes note of the legislative measures taken since the last report on the Convention, including the Schedule to the Caribbean Community (Movement of Factors) Act No. 7 of 2006, amending the Immigration Act, Cap 14:02; the Immigration (Amendment) (No. 2) Act No. 28 of 2007; the Caribbean Community (Free Entry of Skilled Nationals) (Amendment) Act No. 15 of 2011; and the Immigration (Free Movement of Persons) Order No. 17 of 2003. The Committee asks the Government to continue to provide information on any legislative and policy measures taken regarding migrants leaving or entering the country seeking employment. Please provide up-to-date statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. The Committee notes the information in the Government’s report regarding the advisory role of the Ministry of Labour Affairs regarding immigration visas, work and residence permits. The Committee recalls that Article 2 requires the Government to maintain, or to satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, in particular, to provide them with accurate information. The Committee refers to Paragraph 5(2)–(4) of Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. Understanding that Guyana is mainly a country of emigration, the Committee asks the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered.

Article 3. Misleading propaganda. The Committee notes the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03. The Committee recalls that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country. The Committee asks the Government to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment. Please also provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers.

Article 5. Entry requirements and testing related to health. The Committee notes that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds who do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide detailed information on the practical application of sections 3(1)(a), (g) and (h), and 15, of the Immigration Act, including the number of non-nationals seeking employment in Guyana who have been prohibited entry or who have been expelled on the basis of these provisions. Please also indicate whether any exemptions have been granted by virtue of sections 3(4) and 15 of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 3(1)(b) and (2) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 3(1)(b) and (2) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Guyana who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee notes the information regarding the legislation applying Article 6(1)(a)–(d) of the Convention, including article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act. With regard to equal treatment in respect of social security, in particular, the National Insurance and Social Security Act, Cap 36:01, the Committee refers to its 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee requests the Government to provide information on the application in practice of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act, as well as any other measures taken to ensure that foreign workers lawfully in the territory enjoy no less favourable treatment than nationals in practice with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or to the courts regarding non-application of the relevant legislation.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds. Section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. The Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain the right to residence, including those who have to rely on public funds. Please also provide information on the impact of section 3(1) of the Immigration Act in this context.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee takes note of the legislative measures taken since the last report on the Convention, including the Schedule to the Caribbean Community (Movement of Factors) Act No. 7 of 2006, amending the Immigration Act, Cap 14:02; the Immigration (Amendment) (No. 2) Act No. 28 of 2007; the Caribbean Community (Free Entry of Skilled Nationals) (Amendment) Act No. 15 of 2011; and the Immigration (Free Movement of Persons) Order No. 17 of 2003. The Committee asks the Government to continue to provide information on any legislative and policy measures taken regarding migrants leaving or entering the country seeking employment. Please provide up-to-date statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. The Committee notes the information in the Government’s report regarding the advisory role of the Ministry of Labour Affairs regarding immigration visas, work and residence permits. The Committee recalls that Article 2 requires the Government to maintain, or to satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, in particular, to provide them with accurate information. The Committee refers to Paragraph 5(2)–(4) of Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. Understanding that Guyana is mainly a country of emigration, the Committee asks the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered.

Article 3. Misleading propaganda. The Committee notes the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03. The Committee recalls that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country. The Committee asks the Government to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment. Please also provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers.

Article 5. Entry requirements and testing related to health. The Committee notes that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds who do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide detailed information on the practical application of sections 3(1)(a), (g) and (h), and 15, of the Immigration Act, including the number of non-nationals seeking employment in Guyana who have been prohibited entry or who have been expelled on the basis of these provisions. Please also indicate whether any exemptions have been granted by virtue of sections 3(4) and 15 of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 3(1)(b) and (2) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 3(1)(b) and (2) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Guyana who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee notes the information regarding the legislation applying Article 6(1)(a)–(d) of the Convention, including article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act. With regard to equal treatment in respect of social security, in particular, the National Insurance and Social Security Act, Cap 36:01, the Committee refers to its 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee requests the Government to provide information on the application in practice of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act, as well as any other measures taken to ensure that foreign workers lawfully in the territory enjoy no less favourable treatment than nationals in practice with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or to the courts regarding non-application of the relevant legislation.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds. Section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. The Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain the right to residence, including those who have to rely on public funds. Please also provide information on the impact of section 3(1) of the Immigration Act in this context.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee takes note of the legislative measures taken since the last report on the Convention, including the Schedule to the Caribbean Community (Movement of Factors) Act No. 7 of 2006, amending the Immigration Act, Cap 14:02; the Immigration (Amendment) (No. 2) Act No. 28 of 2007; the Caribbean Community (Free Entry of Skilled Nationals) (Amendment) Act No. 15 of 2011; and the Immigration (Free Movement of Persons) Order No. 17 of 2003. The Committee asks the Government to continue to provide information on any legislative and policy measures taken regarding migrants leaving or entering the country seeking employment. Please provide up-to-date statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. The Committee notes the information in the Government’s report regarding the advisory role of the Ministry of Labour Affairs regarding immigration visas, work and residence permits. The Committee recalls that Article 2 requires the Government to maintain, or to satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, in particular, to provide them with accurate information. The Committee refers to Paragraph 5(2)–(4) of Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. Understanding that Guyana is mainly a country of emigration, the Committee asks the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered.

Article 3. Misleading propaganda. The Committee notes the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03. The Committee recalls that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country. The Committee asks the Government to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment. Please also provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers.

Article 5. Entry requirements and testing related to health. The Committee notes that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds who do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide detailed information on the practical application of sections 3(1)(a), (g) and (h), and 15, of the Immigration Act, including the number of non-nationals seeking employment in Guyana who have been prohibited entry or who have been expelled on the basis of these provisions. Please also indicate whether any exemptions have been granted by virtue of sections 3(4) and 15 of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 3(1)(b) and (2) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 3(1)(b) and (2) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Guyana who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee notes the information regarding the legislation applying Article 6(1)(a)–(d) of the Convention, including article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act. With regard to equal treatment in respect of social security, in particular, the National Insurance and Social Security Act, Cap 36:01, the Committee refers to its 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee requests the Government to provide information on the application in practice of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act, as well as any other measures taken to ensure that foreign workers lawfully in the territory enjoy no less favourable treatment than nationals in practice with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or to the courts regarding non-application of the relevant legislation.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds. Section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. The Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain the right to residence, including those who have to rely on public funds. Please also provide information on the impact of section 3(1) of the Immigration Act in this context.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee takes note of the legislative measures taken since the last report on the Convention, including the Schedule to the Caribbean Community (Movement of Factors) Act No. 7 of 2006, amending the Immigration Act, Cap 14:02; the Immigration (Amendment) (No. 2) Act No. 28 of 2007; the Caribbean Community (Free Entry of Skilled Nationals) (Amendment) Act No. 15 of 2011; and the Immigration (Free Movement of Persons) Order No. 17 of 2003. The Committee asks the Government to continue to provide information on any legislative and policy measures taken regarding migrants leaving or entering the country seeking employment. Please provide up-to-date statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. The Committee notes the information in the Government’s report regarding the advisory role of the Ministry of Labour Affairs regarding immigration visas, work and residence permits. The Committee recalls that Article 2 requires the Government to maintain, or to satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, in particular, to provide them with accurate information. The Committee refers to Paragraph 5(2)–(4) of Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. Understanding that Guyana is mainly a country of emigration, the Committee asks the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered.

Article 3. Misleading propaganda. The Committee notes the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03. The Committee recalls that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country. The Committee asks the Government to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment. Please also provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers.

Article 5. Entry requirements and testing related to health. The Committee notes that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds who do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide detailed information on the practical application of sections 3(1)(a), (g) and (h), and 15, of the Immigration Act, including the number of non-nationals seeking employment in Guyana who have been prohibited entry or who have been expelled on the basis of these provisions. Please also indicate whether any exemptions have been granted by virtue of sections 3(4) and 15 of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 3(1)(b) and (2) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 3(1)(b) and (2) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Guyana who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee notes the information regarding the legislation applying Article 6(1)(a)–(d) of the Convention, including article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act. With regard to equal treatment in respect of social security, in particular, the National Insurance and Social Security Act, Cap 36:01, the Committee refers to its 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee requests the Government to provide information on the application in practice of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act, as well as any other measures taken to ensure that foreign workers lawfully in the territory enjoy no less favourable treatment than nationals in practice with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or to the courts regarding non-application of the relevant legislation.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds. Section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. The Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain the right to residence, including those who have to rely on public funds. Please also provide information on the impact of section 3(1) of the Immigration Act in this context.

CMNT_TITLE

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee takes note of the legislative measures taken since the last report on the Convention, including the Schedule to the Caribbean Community (Movement of Factors) Act No. 7 of 2006, amending the Immigration Act, Cap 14:02; the Immigration (Amendment) (No. 2) Act No. 28 of 2007; the Caribbean Community (Free Entry of Skilled Nationals) (Amendment) Act No. 15 of 2011; and the Immigration (Free Movement of Persons) Order No. 17 of 2003. The Committee asks the Government to continue to provide information on any legislative and policy measures taken regarding migrants leaving or entering the country seeking employment. Please provide up-to-date statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. The Committee notes the information in the Government’s report regarding the advisory role of the Ministry of Labour Affairs regarding immigration visas, work and residence permits. The Committee recalls that Article 2 requires the Government to maintain, or to satisfy itself that there is maintained, an adequate and free service to assist migrants for employment, in particular, to provide them with accurate information. The Committee refers to Paragraph 5(2)–(4) of Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. Understanding that Guyana is mainly a country of emigration, the Committee asks the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered.

Article 3. Misleading propaganda. The Committee notes the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03. The Committee recalls that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country. The Committee asks the Government to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment. Please also provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers.

Article 5. Entry requirements and testing related to health. The Committee notes that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds who do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide detailed information on the practical application of sections 3(1)(a), (g) and (h), and 15, of the Immigration Act, including the number of non-nationals seeking employment in Guyana who have been prohibited entry or who have been expelled on the basis of these provisions. Please also indicate whether any exemptions have been granted by virtue of sections 3(4) and 15 of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 3(1)(b) and (2) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 3(1)(b) and (2) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Guyana who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee notes the information regarding the legislation applying Article 6(1)(a)–(d) of the Convention, including article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act. With regard to equal treatment in respect of social security, in particular, the National Insurance and Social Security Act, Cap 36:01, the Committee refers to its 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee requests the Government to provide information on the application in practice of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act, as well as any other measures taken to ensure that foreign workers lawfully in the territory enjoy no less favourable treatment than nationals in practice with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or to the courts regarding non-application of the relevant legislation.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds. Section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. The Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain the right to residence, including those who have to rely on public funds. Please also provide information on the impact of section 3(1) of the Immigration Act in this context.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up to date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in Article 6(a)–(d) of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in Article 6(a)–(d), the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system – in view of the growing feminization of labour migration (see paragraphs 20–23 and 658 of the abovementioned General Survey).

Article 8 of the Convention. This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600–608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up to date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in Article 6(a)–(d) of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in Article 6(a)–(d), the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system – in view of the growing feminization of labour migration (see paragraphs 20–23 and 658 of the abovementioned General Survey).

Article 8 of the Convention. This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600–608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up to date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of Article 6, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system – in view of the growing feminization of labour migration (see paragraphs 20–23 and 658 of the abovementioned General Survey).

Article 8 of the Convention. This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600–608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up to date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

2. The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

3. The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of Article 6, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system – in view of the growing feminization of labour migration (see paragraphs 20–23 and 658 of the abovementioned General Survey).

4. Article 8. This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600–608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up to date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

2. The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

3. The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of Article 6, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system – in view of the growing feminization of labour migration (see paragraphs 20–23 and 658 of the abovementioned General Survey).

4. Article 8. This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600–608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

1.  In its General Survey of 1999 on migrant workers, the Committee noted that the extent, direction and nature of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). Noting that for several years it has received no detailed report containing up-to-date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up-to-date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

2.  The Committee notes the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

3.  The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which ratifies the Convention undertakes to apply, without distinction as to nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of Article 6, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in terms of working and living conditions, work-related tax and access to the justice system - in view of the growing feminization of labour migration (see paragraphs 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600-608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.

CMNT_TITLE

The Committee takes note of the statistical information contained in the Government's report. It hopes that the Government will continue to supply such statistics together with statistics, as soon as they are available, of nationals of Guyana working abroad.

It also asks the Government to point out any practical difficulties encountered in implementing the Convention and to supply the relevant results, if any, of the activities of the labour inspectorate, in accordance with point V of the report form.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on point V of the report form, concerning the practical application of the Convention, as well as statistical data on the number of Guyanese nationals working abroad and foreign workers working in Guyana.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on point V of the report form, concerning the practical application of the Convention, as well as statistical data on the number of Guyanese nationals working abroad and foreign workers working in Guyana.

CMNT_TITLE

Point V of the report form. The Committee notes the Governments report and would appreciate if the Government would supply information concerning the practical application of the Convention and statistical data on the number of Guyanese nationals working abroad and foreign workers working in Guyana, in accordance with this point of the report form.