Migration for Employment Convention (Revised), 1949 (No. 97) - Jamaica (RATIFICATION: 1962)

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Article 1 of the Convention. Information on national policies, laws and regulations relating to emigration and immigration. In its previous comments, the Committee requested the Government to provide information on the implementation in practice of the Caribbean Community (Free Movement of skilled persons) Act amended in 2013. In its report, the Government indicates that in accordance with the 2013 amendment: (1) the categories of Skilled Nationals who can move throughout the Caribbean Community and Common Market (CARICOM)) region for the purposes of engaging in gainful employment were enlarged from five to ten; (2) only graduates with degrees, and citizens of designated CARICOM countries that are signatory of the agreement are eligible to apply for the Certificate of Recognition; and (3) by virtue of this amendment, the fines and penalties against persons committing an offence under section 10 of the Act were increased. Further, the Committee notes that, in its second country report to the International Organization of Migration (IOM) entitled Migration in Jamaica, a country profile, 2018 (a migration profile is a country-owned tool, prepared in consultation with a broad range of stakeholders, which can be used to enhance policy coherence, evidence-based policymaking and the mainstreaming of migration into development plans), the Government indicates that a National Policy on International Migration and Development establishing the framework for migration and development management was formulated in 2017 (white paper). The Committee requests the Government to inform it of the adoption of the National Policy on International Migration and Development and to provide information on its implementation in practice. It also asks the Government to provide statistical information compiled by the institution responsible for the management of the migrant workforce, disaggregated by sex, on the number, nationality, geographical and occupational distribution of migrant workers in the country, together with statistics on the number of national men and women workers abroad.

Article 3. Misleading propaganda. Previously, the Committee encouraged the Government to take measures to record cases in which agencies have been found guilty of advertising misleading information on overseas employment, and asked the Government to provide information on the outcome of such cases for the migrant workers involved, as well as for the employment agency. It also asked the Government to continue to provide information on how the Government is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention. In its reply, the Government states that, where it is determined that misleading information has been advertised, the Employment Agencies Unit will intervene to protect workers. Where the circumstances are such that a crime is committed then the assistance of law enforcement is sought in carrying out criminal prosecutions, and aggrieved persons are also able to seek restitution through the courts. However, the Government recognizes that, employment agencies can only be prosecuted when money has been taken from the jobseeker not for fraudulent advertisements on overseas employment. The Committee notes that, in this regard, the Government indicates that it is currently reviewing the relevant legislation in order to widen its scope and apply stiffer penalties. It also notes the detailed information provided on the collaboration between the Ministry of Labour and Social Security and the representatives of the employment agencies, such as for example: the holding of regular meetings with representatives from embassies, in particular, the United States and Canadian Embassies; the elaboration of guidelines; the holding of annual sessions with employment agencies with a view to obtaining information on events that impact their work, to update them on developments that may have occurred, to consult with respect to the challenges that are being experienced, and to sensitize the employment agencies on human trafficking and how to respond in such circumstances; the monitoring of local media to identify job advertisements placed by local and overseas employment agencies; the maintenance on its website of an updated list of operating employment agencies that are licenced to operate and to provide jobs both in Jamaica and elsewhere. The Committee asks Government to continue to provide information on its close collaboration with the Employment Agencies to ensure all appropriate steps against misleading propaganda relating to emigration and immigration are taken. Please provide also information on the outcome of the current review of the relevant legislation aiming at widening its scope and applying stiffer penalties in case of misleading propaganda.

Statistics and practical application The Committee had asked the Government to continue to supply detailed statistics, disaggregated by sex and nationality, on the number of work permits requested, approved or refused in the various industries and occupations in Jamaica, and on the number of Jamaican workers seeking employment overseas. It had also requested the Government to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention. The Government indicates that in 2015, the Ministry of Labour and Social Security approved 2,610 new work permits of which 2,146 were for men and 464 for women; in addition, 2,109 work permits were renewed and 36 were refused. In 2016, the Government received 2,847 new work permit applications and 2,273 renewal work permit applications. In 2017, the Government received 2,741 new work permit applications and 2,025 renewal work permit applications. With respect to the number of Jamaican workers seeking employment overseas, the Government informs that in 2017: 5,432 Jamaican men and 843 Jamaican women were employed on contract in the United States of America, and 8,595 Jamaican men and 731 women were employed on contract in Canada. The Committee notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 2017, recommends that the country ensure that the Statistical Institute of Jamaica collects comprehensive data covering all aspects of the Convention, including on migrant workers in the state party, in particular those in an irregular situation and nationals working abroad, and encourages the country to compile information and statistics disaggregated by sex, age, nationality, reason for entry and departure from the country and type of work performed, in order to effectively evaluate the impact of relevant policies (CMW/C/JAM/CO/1, 23 May 2017, paragraph 23). In that respect, the Committee notes that one of the main recommendations mentioned in the country report to the IOM mentioned above is to improve migration statistics, in particular in disaggregated form, as the availability of timely, reliable and accurate data is a prerequisite for evidence-based policy and its effective implementation. The Committee asks the Government to provide information on the follow-up given to the recommended actions and strategies to improve migration data listed in its 2018 report to the IOM. With respect to strengthening the national system of statistics on international migration, the Committee refers the Government to the Guidelines concerning statistics of international migration (ICLS/20/2018/Guidelines) adopted by the 20th International Conference of Labour Statisticians in October 2018, for consideration and guidance.

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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

Noting the adoption of the Caribbean Community (Free Movement of skilled persons) Amendment Act 2013, the Committee hopes that the next report will contain full information on the specific issues raised in relation to the Caribbean Community (Free Movement of skilled persons) Amendment Act 2013.

Article 1 of the Convention. Information on national policies laws and regulations. The Committee notes the amendments of the Foreign National Act regarding “Preferred Business Travellers” and the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act 2006 and the Government’s indication that the wider population has been made aware of human trafficking as a concern related to migration. The Committee requests the Government to provide information on the implementation in practice of the Free Movement of Skilled Persons Act, 2013.

Article 3. Misleading propaganda. With regard to measures to protect migrant workers from abuse or misleading advertising by private employment agencies, the Committee notes the additional information provided by the Government regarding the monitoring role of the Ministry of Labour and Social Security (MLSS). It also notes the Government’s statement that in the event of misleading information, the Employment Agency Regulatory Unit of the MLSS seeks to resolve the issue through reconciliation. Where the Agency refuses to comply, the offended party may solicit an intervention by the police. However, the Government indicates that there is no record of such instances but that the cooperation with the United States Embassy, through which job contracts or approved petitions can be verified, has been useful to minimize instances of abuse. The Committee encourages the Government to take measures to record cases in which agencies have been found guilty of advertising misleading information on overseas employment, and asks the Government to provide information on the outcome of such cases for the migrant workers involved, as well as for the employment agency. Please continue to provide information on how the Government is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Part V of the report form. Statistics and practical application. The Committee notes the statistics provided by the Government on the issuing or renewal of work permits between 2009 and 2011. It notes that, in the year 2010–11, most of the applications that were approved concerned professionals, senior officials and technicians and were issued for a period of less than 12 months. With regard to industries, most requests for approval of new, or the renewal of, work permits concerned construction and installation, transport storage and communication, as well as wholesale and retail, etc. For the period April 2010 to March 2011, most work permit recipients were from Asia (1994 out of 3,354 permits issued) with 77.7 per cent of them being men. With respect to the employment of Jamaicans overseas, the Committee notes that in 2010–11, 3,673 male Jamaican contract workers were employed on farms in the United States; 6,038 men and 317 women contract workers were employed on farms or in factories in Canada; and 292 men and 532 women contract workers were employed as hotel workers. Please continue to supply detailed statistics, disaggregated by sex and nationality, on the number of work permits requested, approved or refused in the various industries and occupations in Jamaica, and on the number of Jamaican workers seeking employment overseas. The Government is also requested to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention.

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The Committee notes that the Government’s report has not been received. Noting the adoption of the Caribbean Community (Free Movement of skilled persons) Amendment Act 2013, the Committee hopes that the next report will contain full information on the specific issues raised in relation to the Caribbean Community (Free Movement of skilled persons) Amendment Act 2013, and on other matters raised in its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. Information on national policies laws and regulations. The Committee notes the amendments of the Foreign National Act regarding “Preferred Business Travellers” and the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act 2006 and the Government’s indication that the wider population has been made aware of human trafficking as a concern related to migration. The Committee requests the Government to provide information on the implementation in practice of the Free Movement of Skilled Persons Act, 2013.

Article 3. Misleading propaganda. With regard to measures to protect migrant workers from abuse or misleading advertising by private employment agencies, the Committee notes the additional information provided by the Government regarding the monitoring role of the Ministry of Labour and Social Security (MLSS). It also notes the Government’s statement that in the event of misleading information, the Employment Agency Regulatory Unit of the MLSS seeks to resolve the issue through reconciliation. Where the Agency refuses to comply, the offended party may solicit an intervention by the police. However, the Government indicates that there is no record of such instances but that the cooperation with the United States Embassy, through which job contracts or approved petitions can be verified, has been useful to minimize instances of abuse. The Committee encourages the Government to take measures to record cases in which agencies have been found guilty of advertising misleading information on overseas employment, and asks the Government to provide information on the outcome of such cases for the migrant workers involved, as well as for the employment agency. Please continue to provide information on how the Government is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Part V of the report form. Statistics and practical application. The Committee notes the statistics provided by the Government on the issuing or renewal of work permits between 2009 and 2011. It notes that, in the year 2010–11, most of the applications that were approved concerned professionals, senior officials and technicians and were issued for a period of less than 12 months. With regard to industries, most requests for approval of new, or the renewal of, work permits concerned construction and installation, transport storage and communication, as well as wholesale and retail, etc. For the period April 2010 to March 2011, most work permit recipients were from Asia (1994 out of 3,354 permits issued) with 77.7 per cent of them being men. With respect to the employment of Jamaicans overseas, the Committee notes that in 2010–11, 3,673 male Jamaican contract workers were employed on farms in the United States; 6,038 men and 317 women contract workers were employed on farms or in factories in Canada; and 292 men and 532 women contract workers were employed as hotel workers. Please continue to supply detailed statistics, disaggregated by sex and nationality, on the number of work permits requested, approved or refused in the various industries and occupations in Jamaica, and on the number of Jamaican workers seeking employment overseas. The Government is also requested to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention.

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Article 1 of the Convention. Information on national policies laws and regulations. The Committee notes the Government’s statement that the Caribbean Community (Free Movement) of Skilled Persons Act, 1997, is still under review and that amendments have been drafted to expand and redefine the categories of workers who are to benefit under the Act. The Committee further notes the amendments of the Foreign National Act regarding “Preferred Business Travellers” and the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act 2006 and the Government’s indication that the wider population has been made aware of human trafficking as a concern related to migration. The Committee requests the Government to provide a copy of the revised Caribbean Community (Free Movement) of Skilled Persons Act, once adopted, along with information on its implementation in practice.

Article 3. Misleading propaganda. With regard to measures to protect migrant workers from abuse or misleading advertising by private employment agencies, the Committee notes the additional information provided by the Government regarding the monitoring role of the Ministry of Labour and Social Security (MLSS). It also notes the Government’s statement that in the event of misleading information, the Employment Agency Regulatory Unit of the MLSS seeks to resolve the issue through reconciliation. Where the Agency refuses to comply, the offended party may solicit an intervention by the police. However, the Government indicates that there is no record of such instances but that the cooperation with the United States Embassy, through which job contracts or approved petitions can be verified, has been useful to minimize instances of abuse. The Committee encourages the Government to take measures to record cases in which agencies have been found guilty of advertising misleading information on overseas employment, and asks the Government to provide information on the outcome of such cases for the migrant workers involved, as well as for the employment agency. Please continue to provide information on how the Government is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Part V of the report form. Statistics and practical application. The Committee notes the statistics provided by the Government on the issuing or renewal of work permits between 2009 and 2011. It notes that, in the year 2010–11, most of the applications that were approved concerned professionals, senior officials and technicians and were issued for a period of less than 12 months. With regard to industries, most requests for approval of new, or the renewal of, work permits concerned construction and installation, transport storage and communication, as well as wholesale and retail, etc. For the period April 2010 to March 2011, most work permit recipients were from Asia (1994 out of 3,354 permits issued) with 77.7 per cent of them being men. With respect to the employment of Jamaicans overseas, the Committee notes that in 2010–11, 3,673 male Jamaican contract workers were employed on farms in the United States; 6,038 men and 317 women contract workers were employed on farms or in factories in Canada; and 292 men and 532 women contract workers were employed as hotel workers. Please continue to supply detailed statistics, disaggregated by sex and nationality, on the number of work permits requested, approved or refused in the various industries and occupations in Jamaica, and on the number of Jamaican workers seeking employment overseas. The Government is also requested to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention.

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1. Article 1 of the Convention. Information on migration policy and legislation. The Committee notes the Government’s statement that the Caribbean Community (Free Movement) of Skilled Persons Act, 1997, is currently under review to expand and redefine the categories of workers who are to benefit under the Act. The Government indicates that the new categories to be included are teachers and nurses. The Committee hopes that the current revision process will take into account the requirements of the Convention, and asks the Government to send a copy of the revised Caribbean Community (Free Movement) of Skilled Persons Act, 1997, once it has been adopted, along with information on its implementation in practice. Please also supply information on how the current trends in international labour migration have affected the content and implementation of other laws and policies concerning migrations. 

2. Article 3. Misleading propaganda. The Committee recalls its previous comments regarding measures to regulate the activities of private employment agencies or encourage self-regulation to protect migrant workers from any abuse or misleading advertising. The Committee notes the Government’s statement that specific regulations exist against misleading propaganda. It also notes the information in the Government’s report regarding the licensing of private recruitment and employment agencies and the monitoring role of the Ministry of Labour and Social Security in this regard. The Government also indicates that that private employment agencies are required to submit a list of available jobs overseas and that the Ministry of Labour and Social Security verifies job advertisements by employment agencies to ensure that these are not misleading. The Committee recalls that misleading propaganda could relate to the terms and conditions of employment or chances to find or maintain work, and that Article 3(2) requires that, where appropriate, measures shall be taken to cooperate with other States. The Committee asks the Government to provide: (1) copies of the regulation concerning misleading propaganda; (2) information on the manner in which the Ministry of Labour and Social Security ensures that job advertisements are not misleading, including with regard to terms and conditions of employment; (3) information on the number of agencies that have been found guilty of advertising misleading information on overseas employment, as well as on the sanctions and penalties imposed; and (4) information on how the Government is cooperating with other States to prevent and combat misleading propaganda. 

3. Part V of the report form. Statistics and practical application. The Committee thanks the Government for the statistical tables for 2005 and 2006 on work permit applications by country of origin, and on the number of Jamaican workers employed each month in North America by category and sex. The Committee notes that the workers employed in the US Farms Programme are exclusively male, and that women represent less than 1 per cent of the workers under the Canadian Farms/Factories Programme. On the other hand, women constitute 60 per cent of workers under the Hotel Workers Programme. The Committee asks the Government to continue to provide information on immigration and emigration flows, disaggregated by sex, origin and sector of employment. The Government is also requested to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention.

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The Committee notes the information supplied in the Government’s report.

1. The Committee notes the Caribbean Community (Free Movement) of Skilled Persons Act 1997 by which a select group of migrants, skilled or professional, from the Caribbean Community (CARICOM) member States, are not required to apply for work permits before being eligible to work in Jamaica for an indefinite period. The Committee notes that the abovementioned Act allows for the implementation of the free movement of university graduates and other approved categories, such as musicians, artists, sports persons and media workers. The Committee would be grateful if the Government would continue to provide information on the impact of this Act and of any other development regarding the categories of workers involved. It also would be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national migratory policy and legislation.

2. In view of the growing role of private agencies in the international migration process, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse and misleading advertising. The Committee also would appreciate it if the Government would supply further details on sanctions and penalties for infringement.

3. The Committee asks the Government to continue to provide information on Jamaican nationals working abroad as well as on the number and origin of foreigners employed in Jamaica, and to communicate the results, if any, of the relevant activities of the labour inspection services, as well as those of the Jamaicans Overseas Department, in accordance with the provisions of the Convention.

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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:

The Committee notes the Government’s brief information indicating that since the last report there has been no change in the application of the Convention either in law or the relevant regulations. It requests the Government to continue to submit a full report on the application of the Convention in law and in practice, following the questionnaire in the relevant report form approved by the Governing Body.

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The Committee notes the Government's brief information indicating that since the last report there has been no change in the application of the Convention either in law or the relevant regulations. It requests the Government to continue to submit a full report on the application of the Convention in law and in practice, following the questionnaire in the relevant report form approved by the Governing Body.

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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:

The Committee has noted the information supplied in reply to its previous direct request on Article 9 of the Convention. It would appreciate receiving in the next report information on the practical application of the Convention indicating the number and composition of foreign nationals employed in Jamaica and of Jamaica nationals employed abroad as well as on any practical difficulties encountered in the application of the Convention, as required by point V of the report form.

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The Committee has noted the information supplied in reply to its previous direct request on Article 9 of the Convention. It would appreciate receiving in the next report information on the practical application of the Convention indicating the number and composition of foreign nationals employed in Jamaica and of Jamaica nationals employed abroad as well as on any practical difficulties encountered in the application of the Convention, as required by point V of the report form.