Migration for Employment Convention (Revised), 1949 (No. 97) - Guernsey

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

Statistics. The Committee takes note of the statistics published on the Government’s website, which show that, since the third quarter of 2017, the net migration became positive (that is to say more persons immigrating to Guernsey than persons emigrating from it) with a net influx of 1,085 persons in the first three quarters of 2018 (latest data). The Committee requests the Government to provide updated information, including data disaggregated by sex, sectors and country of origin, on the migration flows from and to Guernsey.

Article 3 of the Convention. Misleading propaganda. In its previous comment, the Committee requested the Government to take specific measures to protect migrant workers against misleading propaganda, and to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of such propaganda. The Committee notes the information provided by the Government in its report on the measures taken to provide accurate information to migrant workers arriving in the territory. However, it does not provide any information on complaints received and decisions taken. The Committee requests the Government to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services upon arrival. In its previous comment, the Committee requested the Government to indicate whether any consideration was being given to adopting specific measures of assistance for or providing services to migrant workers facing particular problems during the reception process or arriving to undertake jobs which are particularly hazardous or in which they may be at risk of violations of rights. The Committee notes the information provided by the Government, according to which migrant workers arriving in the territory have the opportunity to make immediate contact with government officials. The requirement to register with the Population Management Office within three days of commencing work is also an opportunity to receive accurate information and to raise any concerns they may have. Government officials may also refer the migrant workers to relevant support services, the Government’s website and other Government committees. Since 1 January 2013, there is a Guernsey Border Agency requirement for most non-European Economic Area (EEA) nationals who are not from an English-speaking country to demonstrate their English language skills to level B1 of the Common European Framework of Reference for Languages (CEFR). This helps ensure that migrants have the minimum language skills to understand the information provided and to communicate any difficulty encountered to relevant officials and seek advice.

Article 6. Equality of treatment. In its previous comment, the Committee asked the Government to provide information on any complaints of discrimination based on sex against migrant workers dealt with by the Employment and Discrimination Tribunal; complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005; and complaints made by migrant workers regarding non-application of the Minimum Wage (Guernsey) Law, 2009. The Committee notes the Government’s statement that there has been no complaint of sex discrimination by migrant workers dealt with by the employment and discrimination tribunal and no complaints under the Racial Hatred (Bailiwick of Guernsey) Law 2005. It notes that four complaints regarding minimum wage were received and that each one was upheld. The Committee asks the Government to continue to provide information on the number and type of complaints filed by migrant workers regarding discrimination issues.

Article 8. Maintenance of residence in case of incapacity for work. In its previous comment, the Committee requested the Government to indicate the relevant legal provisions guaranteeing the right of qualified residents to remain in the country in the event of incapacity for work even if they claim public funds. The Committee notes the Government’s reference to sections 3 and 6 of the Population Management (Guernsey) Law, 2016 (repealing the Housing (Control of Occupation) Law, 1994) which set out the circumstances under which a person can become a permanent resident (the equivalent to “qualified resident” under the previous law). It also notes the Government’s statement that a person who acquired the status of permanent resident would not have to leave the territory if that person was unable to follow his or her occupation and claimed public benefits. The Committee notes that, according to the above-mentioned sections 3 and 6, a person who was not born in Guernsey or whose at least one parent (or the spouse or partner) was not born or a permanent resident in Guernsey, must complete a period of 14 consecutive years ordinary residence in a “Local Market dwelling” in order to obtain permanent resident status.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Statistics. The Committee requests the Government to provide information, including data disaggregated by sex and country of origin on the migration flows from and to Guernsey.

Article 3 of the Convention. Misleading propaganda. The Committee previously noted that a migrant worker who felt that he or she had been misled by information that caused him or her to seek employment in Guernsey, could seek redress pursuant to the employment legislation or through the civil courts. While noting the Government’s statement that no complaints have been received, the Committee recalls that Article 3 of the Convention requires the Government to take active measures to protect migrant workers against the use and dissemination of false information concerning the migration process. The Committee therefore requests the Government to take specific measures to prevent and address the use and dissemination of misleading propaganda and protect migrant workers against such propaganda. Please continue to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services upon arrival. The Committee notes the information provided by the Government regarding the provision of work permits and visa requirements for those outside the European Economic Area (EEA). It also notes that information for immigrants is freely available on the State of Guernsey’s website and can also be obtained from the Guernsey Border Agency or the Housing Department. Recalling that measures, as appropriate, are to be taken under Article 4 of the Convention, to facilitate the smooth transition of the migrant worker in the host country, the Committee requests the Government to indicate whether any consideration is being given to adopting specific measures of assistance for or providing services to migrant workers facing particular problems during the reception process or arriving to undertake jobs which are particularly hazardous or in which they may be at risk of violations of rights.

Article 6. Equality of treatment. The Committee notes the approval of the Minimum Wage (Guernsey) Law, 2009, which applies to all workers, including immigrants, and the information provided by the Government regarding the application of Article 6(1) of the Convention. The Committee notes the Government’s indications that four complaints have been submitted by migrant workers during the reporting period, which were resolved before reaching the Employment and Discrimination Tribunal. The Committee asks the Government to continue to provide information on any complaints concerning sex discrimination against migrant workers dealt with by the Employment and Discrimination Tribunal, as well as complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005 concerning racial discrimination of migrant workers with respect to the matters covered in Article 6 of the Convention. Please also provide information on any complaints made by migrant workers regarding non-application of the Minimum Wage (Guernsey) Law, 2009.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s statement that anyone who has acquired the status of qualified resident as set out in section 10 of the Housing (Control of Occupation) Law, 1994, would not have to leave Guernsey if he or she was unable to follow his or her occupation and claimed public benefits. The Committee requests the Government to indicate the relevant legal provisions guaranteeing the right of qualified residents to remain in the country in the event of incapacity for work even if they claim public funds.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that while there is no legislation on misleading propaganda, a migrant worker who felt that he or she had been misled by information that caused him or her to seek employment in Guernsey, can seek redress pursuant to the employment legislation or through the civil courts. The Committee recalls that Article 3 of the Convention requires the Government to take active measures to protect migrant workers against the use and dissemination of false information concerning the migration process. The Committee hopes the Government will undertake more active steps to adopt measures to prevent and punish the use of misleading propaganda. Please provide information on any complaints received by judicial or administrative bodies concerning migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services. The Committee notes from the Government’s report that special arrangements are only made at ports for the reception of any immigrant to which immigration legislation applies. The Committee asks the Government to specify the type of arrangements that are made and recalls that the measures under Article 4 of the Convention are meant to facilitate the smooth transition of the migrant worker in the host country.

Article 6. Equality of treatment. The Committee notes the adoption of the Sex Discrimination (Employment) (Guernsey) Ordinance 2005 (SDO) and the Employment and Discrimination Tribunal (Guernsey) Ordinance 2005. It also notes the adoption of the Racial Hatred (Bailiwick of Guernsey) Law 2005 and the Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law 2004, which empowers each of the relevant legislatures to make provisions in respect of their own jurisdiction in relation to the prevention of discrimination against any persons by reason of, inter alia, race, colour, language, religion, political or other opinion, national or social or ethnic origin, association with a national minority, birth or other status. Furthermore, the Government is proposing draft minimum wage legislation, which will also apply to migrant workers and which will include provisions concerning charges for accommodation for migrant workers. The Committee asks the Government to provide information on the following points:

(a)   complaints concerning sex discrimination of migrant workers dealt with by the Employment and Discrimination Tribunal that relate to the matters covered by Article 6 of the Convention;

(b)   complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005 concerning racial discrimination of migrant workers with respect to the matters covered by Article 6 of the Convention;

(c)   provisions concerning racial and religious discrimination made by the legislatures under the Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004;

(d)   copy of the minimum wages legislation, once it has been adopted, as well as copies of the texts of the abovementioned legislation which have not yet been received by the Office.

Non-return in the case of incapacity to work. The Committee notes the Government’s statement that a migrant who has been lawfully admitted to Guernsey to live and work on a permanent basis is entitled to remain in Guernsey, if, for any reason, he or she is unable to follow his or her occupation. The Committee asks the Government to indicate the relevant legal provisions guaranteeing the right to residence of migrant workers admitted on a permanent basis in the event of incapacity for work pursuant to Article 8 of the Convention. Please also confirm whether migrant workers maintain their right to reside in the country when the migrant worker or his or her family are considered to be a burden on public funds.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the brief information supplied by the Government. It would appreciate receiving detailed information on the practical application of the legislation giving effect to the Convention. The Committee would also be grateful if the Government would include in its next report statistics on the number of persons migrating for employment to and from Guernsey.