Migration for Employment Convention (Revised), 1949 (No. 97) - Grenada (RATIFICATION: 1979)

CMNT_TITLE

Articles 2 and 3 of the Convention. Provision of information to migrant workers and tackling misleading propaganda. The Committee noted previously the Government’s statement that no measures have been taken against misleading propaganda relating to emigration and immigration and that such information does not exist. In its report, the Government reiterates that there is no need for such measures since there have been no instances of misleading propaganda. It further adds that the Ministry of Labour is the sole body that recruits persons for the Canadian Farm Workers Programme for the employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers. In that regard, the Committee wishes to point out that Article 3 of the Convention requires member States to take steps against misleading propaganda relating to emigration but also to immigration. It is also important to emphasise that the obligation “to take all appropriate steps against misleading propaganda” is not triggered by the existence of such information, but by act of ratification of the Convention. The obligation to take measures is therefore not contingent upon the existence of propaganda. The purpose of the Convention is to prevent the very existence of such information. This does not require Member States to wait until misleading propaganda information is disseminated before taking action. The obligation is to put in place measures that prevent such information from being disseminated and if it is disseminated to deal with under the measures that have been put in place. It also recalls the relevance of Article 3 of the Convention for the protection of workers 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, both nationals going abroad to work as well as foreigners coming to work in the country. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process, including exaggerated claims on living and working conditions in the host country, as well as on the chances of finding and maintaining work. Given migrants’ vulnerability to this form of abuse, it is essential that States take measures to combat such activities (General Survey on Promoting fair migration, 2016, para.87 and 262). The Committee thus encourages the Government to take measures to ensure that workers who migrate to foreign countries as well as those who emigrate to Grenada are provided with accurate information prior to departure. Further, the Committee asks the Government to indicate how it is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Article 5. Medical examination. With reference to its previous comments, the Committee notes the Government’s indication that medical clearance for workers from Grenada on the Canadian Farm Programme includes HIV testing and therefore no case of refusal of entry to Canada has been registered. This is compulsory and a requirement by the Canadian authorities. It is not a requirement of the Government of Grenada. Moreover, and with respect to refusal of entry to Canada due to HIV positive status, the Government indicates that no cases were registered since candidates are clear before departure. In this regard, the Committee wishes to refer to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which: (1) ‘HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants’ and (2) ‘[ …] those seeking to migrate for employment, should not be required to disclose HIV-related information and be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status’ (General Survey of 2016, para. 252). The Committee asks the Government: (i) to indicate whether candidates are excluded from participating in the Canada-Caribbean program on the sole basis of their HIV status or only after ensuring that this status will affect their ability to perform the tasks for which they are being recruited; and (ii) to provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee recalls that it had asked the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme for the employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers, to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, 5 per cent of which is retained to pay the administrative costs of the programme. The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 20 per cent of their earnings to the Government as mandatory savings is, in the view of the Committee, contrary to this provision. Further, under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey 2016, paragraph 229). The Committee notes the Government’s indication that, the 25 per cent deduction practice was discontinued in 2016 and that, a new “contract for the employment in Canada of Commonwealth Caribbean seasonal agricultural workers” was issued in 2021. The Committee notes that section V, clause 2 of the new contract, provides that the “employer shall deduct a portion of the worker’s wages (…). These deductions are to cover costs associated with the physical and financial protection of the worker in Canada (…).” These costs include among others, contributions to the National Insurance Scheme. Section V, clause 3 also provides that “deductions can only be made with the consent of the worker. If the worker does not consent to these deductions, the worker agrees to pay the cost of the specified goods and services directly. Moreover, the total amount deducted shall not exceed $5.45 per working day”. The Committee also asks the Government to provide further information on the nature of the deductions undertaken from the worker’s wage, apart from the costs associated with the physical and financial protection of the worker.

Statistics on migration flows. With respect to migrant flows, the Committee takes notes of the Government indication that it is unable to provide statistical information on the number of Grenadian workers seeking employment abroad beyond the statistics regarding the number of farm workers from Grenada who participated in the Farm Labour Programme. According to the Government, this number has increased from 48 workers in 2015 to 197 workers in 2021. The Committee asks the Government to continue to provide available statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

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 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that the Labour Department through its National Employment Bureau provides free services to assist and prepare persons for overseas employment. The Government also states that no measures have been taken against misleading propaganda relating to emigration and immigration, including by licensed agencies, and that the risk of such information does not exist. The Committee encourages the Government to examine the need among workers for measures to prevent the dissemination of misleading propaganda, including by licensed agencies, and asks the Government to provide information on the steps taken in this regard.

Article 5. Medical examination. The Committee notes the Government’s statement that persons travelling on the overseas programmes are transported by commercial aircraft and undergo routine medical examination as part of their preparation in the programmes. The Committee notes from the information booklet for the Organisation of Eastern Caribbean States (OECS) workers in Canada on the Canada–Caribbean Seasonal Agricultural Workers Programme (“the Farm Labour Programme”) that the medical clearance for potential workers, organized by the Labour Department includes an “HIV and other tests prescribed and required”. The Committee draws the Government’s attention to the General Survey on migrant workers, 1999, paragraphs 262–266, concerning the contents and use of medical testing of migrant workers, emphasizing that the refusal of entry or repatriation on the ground 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. The Committee also refers to Paragraphs 24–28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which HIV testing must be genuinely voluntary and not required of migrant workers, and the test results should be confidential and not endanger access to jobs. Migrant workers, or those seeking to migrate for employment, should not be required to disclose HIV-related information and 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 clarify the following: (i) whether the medical clearance for workers from Grenada includes HIV testing and whether such testing is voluntary and confidential; and (ii) if any assessment is being made in cases where a migrant worker is refused entry on the basis of HIV or AIDS or “other tests prescribed and required” as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee notes that, pursuant to section IV of the model employment contract (“Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013”), the worker agrees that the employer shall remit to the government agent 25 per cent of the workers’ wages for each payroll period and that “a specified percentage of the 25 per cent remittance to the government agent shall be retained by the Government to defray administrative costs associated with the delivery of the programme” (paragraphs 1 and 3). The employer may also make all other deductions to the worker’s wages as required pursuant to the agreement (paragraph 4). Section VII provides that the worker agrees to pay to the employer part of the transportation costs (paragraph 3) and that the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (paragraph 4). The cost of certain federal/territorial fees will also be reimbursed to the employer by the worker (paragraph 5). Furthermore, the Committee notes that the information booklet for OECS workers explains that the employer is authorized “to withhold 25 per cent of [the worker’s] wages as a mandatory form of saving”, which are sent to the liaison service, which retains 7 per cent for administrative expenses of operating the service, so as to ensure the OECS’s continued participation in the Programme. Part of the remaining 18 per cent amount of the gross earnings is used to cover a portion of the airfares, insurance premiums and any outstanding bill incurred. The remaining portion is sent to the worker (paragraph II(iv) and (h)). The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 25 per cent of their earnings to the Government as mandatory savings would, in the view of the Committee, be contrary to the spirit of this provision. Under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey on migrant workers, 1999, paragraph 170). The Committee requests the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction or placement of migrant workers and whether any of the administrative costs retained by the liaison service related to recruitment, introduction or placement. The Committee also requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire, and to provide information on any steps taken in this regard.

Statistics on migration flows. Please provide statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

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 will 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 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that the Labour Department through its National Employment Bureau provides free services to assist and prepare persons for overseas employment. The Government also states that no measures have been taken against misleading propaganda relating to emigration and immigration, including by licensed agencies, and that the risk of such information does not exist. The Committee encourages the Government to examine the need among workers for measures to prevent the dissemination of misleading propaganda, including by licensed agencies, and asks the Government to provide information on the steps taken in this regard.

Article 5. Medical examination. The Committee notes the Government’s statement that persons travelling on the overseas programmes are transported by commercial aircraft and undergo routine medical examination as part of their preparation in the programmes. The Committee notes from the information booklet for the Organisation of Eastern Caribbean States (OECS) workers in Canada on the Canada–Caribbean Seasonal Agricultural Workers Programme (“the Farm Labour Programme”) that the medical clearance for potential workers, organized by the Labour Department includes an “HIV and other tests prescribed and required”. The Committee draws the Government’s attention to the General Survey on migrant workers, 1999, paragraphs 262–266, concerning the contents and use of medical testing of migrant workers, emphasizing that the refusal of entry or repatriation on the ground 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. The Committee also refers to Paragraphs 24–28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which HIV testing must be genuinely voluntary and not required of migrant workers, and the test results should be confidential and not endanger access to jobs. Migrant workers, or those seeking to migrate for employment, should not be required to disclose HIV-related information and 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 clarify the following: (i) whether the medical clearance for workers from Grenada includes HIV testing and whether such testing is voluntary and confidential; and (ii) if any assessment is being made in cases where a migrant worker is refused entry on the basis of HIV or AIDS or “other tests prescribed and required” as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee notes that, pursuant to section IV of the model employment contract (“Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013”), the worker agrees that the employer shall remit to the government agent 25 per cent of the workers’ wages for each payroll period and that “a specified percentage of the 25 per cent remittance to the government agent shall be retained by the Government to defray administrative costs associated with the delivery of the programme” (paragraphs 1 and 3). The employer may also make all other deductions to the worker’s wages as required pursuant to the agreement (paragraph 4). Section VII provides that the worker agrees to pay to the employer part of the transportation costs (paragraph 3) and that the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (paragraph 4). The cost of certain federal/territorial fees will also be reimbursed to the employer by the worker (paragraph 5). Furthermore, the Committee notes that the information booklet for OECS workers explains that the employer is authorized “to withhold 25 per cent of [the worker’s] wages as a mandatory form of saving”, which are sent to the liaison service, which retains 7 per cent for administrative expenses of operating the service, so as to ensure the OECS’s continued participation in the Programme. Part of the remaining 18 per cent amount of the gross earnings is used to cover a portion of the airfares, insurance premiums and any outstanding bill incurred. The remaining portion is sent to the worker (paragraph II(iv) and (h)). The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 25 per cent of their earnings to the Government as mandatory savings would, in the view of the Committee, be contrary to the spirit of this provision. Under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey on migrant workers, 1999, paragraph 170). The Committee requests the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction or placement of migrant workers and whether any of the administrative costs retained by the liaison service related to recruitment, introduction or placement. The Committee also requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire, and to provide information on any steps taken in this regard.

Statistics on migration flows. Please provide statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

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 2013.

Repetition

Article 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that the Labour Department through its National Employment Bureau provides free services to assist and prepare persons for overseas employment. The Government also states that no measures have been taken against misleading propaganda relating to emigration and immigration, including by licensed agencies, and that the risk of such information does not exist. The Committee encourages the Government to examine the need among workers for measures to prevent the dissemination of misleading propaganda, including by licensed agencies, and asks the Government to provide information on the steps taken in this regard.

Article 5. Medical examination. The Committee notes the Government’s statement that persons travelling on the overseas programmes are transported by commercial aircraft and undergo routine medical examination as part of their preparation in the programmes. The Committee notes from the information booklet for the Organisation of Eastern Caribbean States (OECS) workers in Canada on the Canada–Caribbean Seasonal Agricultural Workers Programme (“the Farm Labour Programme”) that the medical clearance for potential workers, organized by the Labour Department includes an “HIV and other tests prescribed and required”. The Committee draws the Government’s attention to the General Survey on migrant workers, 1999, paragraphs 262–266, concerning the contents and use of medical testing of migrant workers, emphasizing that the refusal of entry or repatriation on the ground 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. The Committee also refers to Paragraphs 24–28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which HIV testing must be genuinely voluntary and not required of migrant workers, and the test results should be confidential and not endanger access to jobs. Migrant workers, or those seeking to migrate for employment, should not be required to disclose HIV-related information and 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 clarify the following: (i) whether the medical clearance for workers from Grenada includes HIV testing and whether such testing is voluntary and confidential; and (ii) if any assessment is being made in cases where a migrant worker is refused entry on the basis of HIV or AIDS or “other tests prescribed and required” as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee notes that, pursuant to section IV of the model employment contract (“Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013”), the worker agrees that the employer shall remit to the government agent 25 per cent of the workers’ wages for each payroll period and that “a specified percentage of the 25 per cent remittance to the government agent shall be retained by the Government to defray administrative costs associated with the delivery of the programme” (paragraphs 1 and 3). The employer may also make all other deductions to the worker’s wages as required pursuant to the agreement (paragraph 4). Section VII provides that the worker agrees to pay to the employer part of the transportation costs (paragraph 3) and that the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (paragraph 4). The cost of certain federal/territorial fees will also be reimbursed to the employer by the worker (paragraph 5). Furthermore, the Committee notes that the information booklet for OECS workers explains that the employer is authorized “to withhold 25 per cent of [the worker’s] wages as a mandatory form of saving”, which are sent to the liaison service, which retains 7 per cent for administrative expenses of operating the service, so as to ensure the OECS’s continued participation in the Programme. Part of the remaining 18 per cent amount of the gross earnings is used to cover a portion of the airfares, insurance premiums and any outstanding bill incurred. The remaining portion is sent to the worker (paragraph II(iv) and (h)). The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 25 per cent of their earnings to the Government as mandatory savings would, in the view of the Committee, be contrary to the spirit of this provision. Under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey on migrant workers, 1999, paragraph 170). The Committee requests the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction or placement of migrant workers and whether any of the administrative costs retained by the liaison service related to recruitment, introduction or placement. The Committee also requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire, and to provide information on any steps taken in this regard.

Statistics on migration flows. Please provide statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

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 2013.

Repetition

Article 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that the Labour Department through its National Employment Bureau provides free services to assist and prepare persons for overseas employment. The Government also states that no measures have been taken against misleading propaganda relating to emigration and immigration, including by licensed agencies, and that the risk of such information does not exist. The Committee encourages the Government to examine the need among workers for measures to prevent the dissemination of misleading propaganda, including by licensed agencies, and asks the Government to provide information on the steps taken in this regard.

Article 5. Medical examination. The Committee notes the Government’s statement that persons travelling on the overseas programmes are transported by commercial aircraft and undergo routine medical examination as part of their preparation in the programmes. The Committee notes from the information booklet for the Organisation of Eastern Caribbean States (OECS) workers in Canada on the Canada–Caribbean Seasonal Agricultural Workers Programme (“the Farm Labour Programme”) that the medical clearance for potential workers, organized by the Labour Department includes an “HIV and other tests prescribed and required”. The Committee draws the Government’s attention to the General Survey on migrant workers, 1999, paragraphs 262–266, concerning the contents and use of medical testing of migrant workers, emphasizing that the refusal of entry or repatriation on the ground 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. The Committee also refers to Paragraphs 24–28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which HIV testing must be genuinely voluntary and not required of migrant workers, and the test results should be confidential and not endanger access to jobs. Migrant workers, or those seeking to migrate for employment, should not be required to disclose HIV-related information and 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 clarify the following: (i) whether the medical clearance for workers from Grenada includes HIV testing and whether such testing is voluntary and confidential; and (ii) if any assessment is being made in cases where a migrant worker is refused entry on the basis of HIV or AIDS or “other tests prescribed and required” as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee notes that, pursuant to section IV of the model employment contract (“Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013”), the worker agrees that the employer shall remit to the government agent 25 per cent of the workers’ wages for each payroll period and that “a specified percentage of the 25 per cent remittance to the government agent shall be retained by the Government to defray administrative costs associated with the delivery of the programme” (paragraphs 1 and 3). The employer may also make all other deductions to the worker’s wages as required pursuant to the agreement (paragraph 4). Section VII provides that the worker agrees to pay to the employer part of the transportation costs (paragraph 3) and that the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (paragraph 4). The cost of certain federal/territorial fees will also be reimbursed to the employer by the worker (paragraph 5). Furthermore, the Committee notes that the information booklet for OECS workers explains that the employer is authorized “to withhold 25 per cent of [the worker’s] wages as a mandatory form of saving”, which are sent to the liaison service, which retains 7 per cent for administrative expenses of operating the service, so as to ensure the OECS’s continued participation in the Programme. Part of the remaining 18 per cent amount of the gross earnings is used to cover a portion of the airfares, insurance premiums and any outstanding bill incurred. The remaining portion is sent to the worker (paragraph II(iv) and (h)). The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 25 per cent of their earnings to the Government as mandatory savings would, in the view of the Committee, be contrary to the spirit of this provision. Under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey on migrant workers, 1999, paragraph 170). The Committee requests the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction or placement of migrant workers and whether any of the administrative costs retained by the liaison service related to recruitment, introduction or placement. The Committee also requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire, and to provide information on any steps taken in this regard.

Statistics on migration flows. Please provide statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

CMNT_TITLE

Article 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that the Labour Department through its National Employment Bureau provides free services to assist and prepare persons for overseas employment. The Government also states that no measures have been taken against misleading propaganda relating to emigration and immigration, including by licensed agencies, and that the risk of such information does not exist. The Committee encourages the Government to examine the need among workers for measures to prevent the dissemination of misleading propaganda, including by licensed agencies, and asks the Government to provide information on the steps taken in this regard.

Article 5. Medical examination. The Committee notes the Government’s statement that persons travelling on the overseas programmes are transported by commercial aircraft and undergo routine medical examination as part of their preparation in the programmes. The Committee notes from the information booklet for the Organisation of Eastern Caribbean States (OECS) workers in Canada on the Canada–Caribbean Seasonal Agricultural Workers Programme (“the Farm Labour Programme”) that the medical clearance for potential workers, organized by the Labour Department includes an “HIV and other tests prescribed and required”. The Committee draws the Government’s attention to the General Survey on migrant workers, 1999, paragraphs 262–266, concerning the contents and use of medical testing of migrant workers, emphasizing that the refusal of entry or repatriation on the ground 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. The Committee also refers to Paragraphs 24–28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which HIV testing must be genuinely voluntary and not required of migrant workers, and the test results should be confidential and not endanger access to jobs. Migrant workers, or those seeking to migrate for employment, should not be required to disclose HIV-related information and 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 clarify the following: (i) whether the medical clearance for workers from Grenada includes HIV testing and whether such testing is voluntary and confidential; and (ii) if any assessment is being made in cases where a migrant worker is refused entry on the basis of HIV or AIDS or “other tests prescribed and required” as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee notes that, pursuant to section IV of the model employment contract (“Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013”), the worker agrees that the employer shall remit to the government agent 25 per cent of the workers’ wages for each payroll period and that “a specified percentage of the 25 per cent remittance to the government agent shall be retained by the Government to defray administrative costs associated with the delivery of the programme” (paragraphs 1 and 3). The employer may also make all other deductions to the worker’s wages as required pursuant to the agreement (paragraph 4). Section VII provides that the worker agrees to pay to the employer part of the transportation costs (paragraph 3) and that the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (paragraph 4). The cost of certain federal/territorial fees will also be reimbursed to the employer by the worker (paragraph 5). Furthermore, the Committee notes that the information booklet for OECS workers explains that the employer is authorized “to withhold 25 per cent of [the worker’s] wages as a mandatory form of saving”, which are sent to the liaison service, which retains 7 per cent for administrative expenses of operating the service, so as to ensure the OECS’s continued participation in the Programme. Part of the remaining 18 per cent amount of the gross earnings is used to cover a portion of the airfares, insurance premiums and any outstanding bill incurred. The remaining portion is sent to the worker (paragraph II(iv) and (h)). The Committee recalls that, under Article 9 of the Convention, ratifying States undertake to permit the transfer of such part of the earnings and savings of the migrant for employment as the migrant may desire. Requiring migrant workers to remit 25 per cent of their earnings to the Government as mandatory savings would, in the view of the Committee, be contrary to the spirit of this provision. Under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey on migrant workers, 1999, paragraph 170). The Committee requests the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction or placement of migrant workers and whether any of the administrative costs retained by the liaison service related to recruitment, introduction or placement. The Committee also requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire, and to provide information on any steps taken in this regard.

Statistics on migration flows. Please provide statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.

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:

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes the legal provisions outlined in the Government’s report concerning immigration and emigration, including the provisions on the work permit system, free movement of Caribbean Community (CARICOM) nationals, free employment services, medical services, and facilitation of journey. However, little information has been provided on the actual implementation of these provisions or any practical measures taken. The Committee requests the Government to provide information on all national policies, laws and regulations on labour migration, their implementation, as well as information on any practical measures taken to apply the various provisions of the Convention. In this regard, the Government is requested to provide updated statistical information on the number, places of origin, and sector of activity, disaggregated by sex, of migrant workers in Grenada. For further guidance, the Government is referred to the report form of the Convention.

Misleading propaganda. Noting from the report that there is no legal provision concerning this issue, the Committee recalls that under Article 3 of the Convention, the Government is obliged to take, as far as national laws and regulations permit, all appropriate steps against misleading propaganda relating to emigration and immigration. The Government thus has an obligation to prevent the dissemination of false information to nationals leaving the country and nationals arriving in the country (General Survey of 1999 on migrant workers, paragraph 217). The Committee further notes that the Recruiting Workers Act provides for the recruitment of workers seeking employment abroad through licensed agencies. The Committee, therefore, requests the Government to indicate the measures taken by the Government to prevent the dissemination of misleading propaganda, including by licensed agencies.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to the justice system. In the absence of any information in the Government’s report, the Committee requests the Government to provide information on the specific legal provisions and practical measures taken to ensure that all men and women migrant workers enjoy equal treatment concerning all the areas covered in Article 6(1), as well as information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. The Committee requests the Government to provide updated information on any agreements or special arrangement on migration of labour that may have been made, including information on relevant CARICOM agreements and their application in practice. In addition, please provide an update concerning the operation of the scheme agreed upon with Canada concerning recruitment of agricultural workers on a short-time basis.

CMNT_TITLE

1. Article 1 of the Convention. Obligation to provide information. The Committee notes the legal provisions outlined in the Government’s report concerning immigration and emigration, including the provisions on the work permit system, free movement of Caribbean Community (CARICOM) nationals, free employment services, medical services, and facilitation of journey. However, little information has been provided on the actual implementation of these provisions or any practical measures taken. The Committee requests the Government to provide information on all national policies, laws and regulations on labour migration, their implementation, as well as information on any practical measures taken to apply the various provisions of the Convention. In this regard, the Government is requested to provide updated statistical information on the number, places of origin, and sector of activity, disaggregated by sex, of migrant workers in Grenada. For further guidance, the Government is referred to the report form of the Convention.

2. Misleading propaganda. Noting from the report that there is no legal provision concerning this issue, the Committee recalls that under Article 3 of the Convention, the Government is obliged to take, as far as national laws and regulations permit, all appropriate steps against misleading propaganda relating to emigration and immigration. The Government thus has an obligation to prevent the dissemination of false information to nationals leaving the country and nationals arriving in the country (General Survey of 1999 on migrant workers, paragraph 217). The Committee further notes that the Recruiting Workers Act provides for the recruitment of workers seeking employment abroad through licensed agencies. The Committee, therefore, requests the Government to indicate the measures taken by the Government to prevent the dissemination of misleading propaganda, including by licensed agencies.

3. Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to the justice system. In the absence of any information in the Government’s report, the Committee requests the Government to provide information on the specific legal provisions and practical measures taken to ensure that all men and women migrant workers enjoy equal treatment concerning all the areas covered in Article 6(1), as well as information on relevant judicial decisions or cases addressed by the competent authorities.

4. Agreements and special arrangements. The Committee requests the Government to provide updated information on any agreements or special arrangement on migration of labour that may have been made, including information on relevant CARICOM agreements and their application in practice. In addition, please provide an update concerning the operation of the scheme agreed upon with Canada concerning recruitment of agricultural workers on a short-time basis.

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 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 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). It would appreciate receiving, for example, statistical data disaggregated by sex on the current operation of the programme for the hiring of seasonal farm labour by Canada and the United States.

        3. 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 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 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). It would appreciate receiving, for example, statistical data disaggregated by sex on the current operation of the programme for the hiring of seasonal farm labour by Canada and the United States.

3.  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 the brief information supplied by the Government indicating that there has been no change in the application of the Convention. It requests the Government to continue supplying a full report on the application of the Convention in law and practice, following the questionnaire contained in the report form approved by the Governing Body.

CMNT_TITLE

Point V of the report form. The Committee notes the Government's last report and would appreciate if the Government would supply information on the practical application of the Convention and statistical data on the number and location of Grenadians working abroad and the number of foreigners working in Grenada.