Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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.