Migration for Employment Convention (Revised), 1949 (No. 97) - Barbados (Ratification: 1967)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention based on the information at its disposal.

Article 2 of the Convention. Free services and accurate information to migrant workers. In its previous comment, the Committee asked the Government to indicate: (1) the type of assistance and information free of charge provided by the National Employment Bureau (NEB) to migrant workers from Barbados; (2) the type of services provided by the liaison officers in Canada and the United States to migrants under the “Farm Labour Programme” and the “Hotel Programme” and; (3) whether the liaison officers can receive or address complaints from workers under these programmes and, if so, provide information on the follow-up given to such complaints. The Committee notes that, according to the Government Information Service (GIS) website, the NEB is now called the Barbados Employment and Career Counselling Service (BECCS). It seeks to find decent employment for all Barbadians through the provision of job placement services for both local and overseas employment; it provides information related to job opportunities abroad, internships, COVID-19 protocols, etc. Under the section “overseas employment programmes”, the Committee notes the existence of various programmes, such as for example, the Low Skilled Worker Programme in collaboration with Canada, the H2B Hotel Programme in collaboration with the United States and the United Kingdom Farm Labour Programme. Nonetheless, there is no information on the concrete services provided by the Barbadian authorities or the liaison officers in Canada, the United States or the United Kingdom. Under these circumstances, the Committee asks again the Government:

• (i) to provide detailed information on the type of services provided by the Barbados Employment and Career Counselling Service to migrant workers within the framework of the Low Skilled Worker Programme, the H2B Hotel Programme and the United Kingdom Farm Labour Programme; and
• (ii) to indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, to provide information on the follow-up given to such complaints.

Statistics. The Committee wishes to point out that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. In this regard, the Committee notes that on 21-22 July 2021, the Caribbean Community (CARICOM) and its Associated Institutions held its eleventh General Meeting with the United Nations. During this meeting, the Economic Commission for Latin America and the Caribbean (ECLAC) stressed that there was a general scarcity of data and socio-economic and environment indicators in the region, as well as an infrequent and insufficient production and dissemination of official statistics and indicators. However, ECLAC indicated that statistical capacity had received positive attention within CARICOM, and assistance was provided by United Nations agencies, funds and programmes. Acknowledging the importance of data collection, the Committee calls upon the Government to collect and analyse relevant data on labour migration flows, disaggregated by sex, and on migration patterns in the country or region (taking into account factors such as origin, age, status, sector of employment and occupation, etc.).

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 7(2) of the Convention. Free services rendered by public employment offices. In its previous comments, the Committee stressed that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme the “Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, is contrary to the clear purpose of Article 7 of the Convention, as 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 (2016 General Survey concerning the migrant workers instruments, paragraph 229). In the absence of any updated information in this respect, the Committee urges the Government:

• (i) to discontinue the practice of forcing migrant workers enrolled under the Farm Labour Programme to remit a certain percentage of their wages to cover administrative costs, and
• (ii) to provide information on any steps taken, in cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

Article 9. Free transfer of remittances. The Committee recalls that, requiring nationals working abroad to transfer a certain percentage of their earnings or savings to the Government is contrary to the clear intent of Article 9 of the Convention and, in this regard, wishes to stress the importance of reducing remittance costs in the context of the debate on effective governance of international labour migration (Sustainable Development Goal 10.c of the 2030 United Nations Sustainable Development Agenda aims to reduce to less than 3 per cent the transaction costs of migrant remittances by 2030). In light of the above, the Committee requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer such part of their earnings and savings as they desire, taking into account the limits allowed by national laws and regulations concerning the export and import of currencies.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 2 of the Convention. Free services and accurate information to migrant workers. Further to its observation, the Committee notes the Government’s statement that the National Employment Bureau (NEB) provides free services to assist migrants for employment, and that the officers in Canada and the United States are responsible for the welfare of the workers participating in the “Farm Labour Programme”. The Committee asks the Government to provide further details on the type of assistance and information provided by the NEB to migrant workers from Barbados, and on the type of services, including information, provided by the liaison officers in Canada and the United States to migrants under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Statistics on migration flows. Please provide statistical data disaggregated by sex and mobility on the number of migrant workers in Barbados and the number of Barbadian workers seeking employment abroad, in particular in the framework of the “Farm Labour Programme” and the Hotel programme, in Canada and the United States.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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

Articles 7 and 9 of the Convention. Free services and assistance and transfer of remittances. In its previous comments, the Committee considered that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme “the Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, could be contrary to the spirit of Article 9 of the Convention. The Committee had also taken note of the concerns expressed by the Congress of Trade Unions and Staff Associations of Barbados that this requirement, together with the immediate deduction of certain costs such as airfares, pension and medical contributions from the workers’ pay, created hardship for the workers, and the Programme needed to be reviewed. The Committee also drew the Government’s attention to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170).

The Committee notes the Government’s indication that arrangements are made for a percentage of the earnings of the workers on overseas programmes to be remitted back to the country for them to access upon return and that workers travelling on the overseas programmes are required to sign an “agreement” (contract of employment) which allows for the deduction of 20 per cent of their wages to cover administration costs and national insurance contributions. According to the Government, upon arrival in Canada the workers are met by the Barbados liaison officers and in Barbados the employment services to migrants are rendered free of charge by the National Employment Bureau, which oversees the preparation and departure of workers. The Committee notes that the “Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013” provides that the worker agrees that the employer shall remit to the government agent 25 per cent of the worker’s 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” (section IV, paragraphs 1 and 3). The worker also agrees to pay to the employer part of the transportation costs and the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (section VII, paragraphs 3–4). 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 liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction and placement of migrant workers and whether any of the administrative costs retained by the liaison service relate 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 cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

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

Repetition

Article 2 of the Convention. Free services and accurate information to migrant workers. Further to its observation, the Committee notes the Government’s statement that the National Employment Bureau (NEB) provides free services to assist migrants for employment, and that the officers in Canada and the United States are responsible for the welfare of the workers participating in the “Farm Labour Programme”. The Committee asks the Government to provide further details on the type of assistance and information provided by the NEB to migrant workers from Barbados, and on the type of services, including information, provided by the liaison officers in Canada and the United States to migrants under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Statistics on migration flows. Please provide statistical data disaggregated by sex and mobility on the number of migrant workers in Barbados and the number of Barbadian workers seeking employment abroad, in particular in the framework of the “Farm Labour Programme” and the Hotel programme, in Canada and the United States.

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

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

Repetition

Articles 7 and 9 of the Convention. Free services and assistance and transfer of remittances. In its previous comments, the Committee considered that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme “the Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, could be contrary to the spirit of Article 9 of the Convention. The Committee had also taken note of the concerns expressed by the Congress of Trade Unions and Staff Associations of Barbados that this requirement, together with the immediate deduction of certain costs such as airfares, pension and medical contributions from the workers’ pay, created hardship for the workers, and the Programme needed to be reviewed. The Committee also drew the Government’s attention to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170).

The Committee notes the Government’s indication that arrangements are made for a percentage of the earnings of the workers on overseas programmes to be remitted back to the country for them to access upon return and that workers travelling on the overseas programmes are required to sign an “agreement” (contract of employment) which allows for the deduction of 20 per cent of their wages to cover administration costs and national insurance contributions. According to the Government, upon arrival in Canada the workers are met by the Barbados liaison officers and in Barbados the employment services to migrants are rendered free of charge by the National Employment Bureau, which oversees the preparation and departure of workers. The Committee notes that the “Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013” provides that the worker agrees that the employer shall remit to the government agent 25 per cent of the worker’s 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” (section IV, paragraphs 1 and 3). The worker also agrees to pay to the employer part of the transportation costs and the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (section VII, paragraphs 3–4). 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 liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction and placement of migrant workers and whether any of the administrative costs retained by the liaison service relate 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 cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 2 of the Convention. Free services and accurate information to migrant workers. Further to its observation, the Committee notes the Government’s statement that the National Employment Bureau (NEB) provides free services to assist migrants for employment, and that the officers in Canada and the United States are responsible for the welfare of the workers participating in the “Farm Labour Programme”. The Committee asks the Government to provide further details on the type of assistance and information provided by the NEB to migrant workers from Barbados, and on the type of services, including information, provided by the liaison officers in Canada and the United States to migrants under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Statistics on migration flows. Please provide statistical data disaggregated by sex and mobility on the number of migrant workers in Barbados and the number of Barbadian workers seeking employment abroad, in particular in the framework of the “Farm Labour Programme” and the Hotel programme, in Canada and the United States.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 7 and 9 of the Convention. Free services and assistance and transfer of remittances. In its previous comments, the Committee considered that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme “the Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, could be contrary to the spirit of Article 9 of the Convention. The Committee had also taken note of the concerns expressed by the Congress of Trade Unions and Staff Associations of Barbados that this requirement, together with the immediate deduction of certain costs such as airfares, pension and medical contributions from the workers’ pay, created hardship for the workers, and the Programme needed to be reviewed. The Committee also drew the Government’s attention to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170).

The Committee notes the Government’s indication that arrangements are made for a percentage of the earnings of the workers on overseas programmes to be remitted back to the country for them to access upon return and that workers travelling on the overseas programmes are required to sign an “agreement” (contract of employment) which allows for the deduction of 20 per cent of their wages to cover administration costs and national insurance contributions. According to the Government, upon arrival in Canada the workers are met by the Barbados liaison officers and in Barbados the employment services to migrants are rendered free of charge by the National Employment Bureau, which oversees the preparation and departure of workers. The Committee notes that the “Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013” provides that the worker agrees that the employer shall remit to the government agent 25 per cent of the worker’s 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” (section IV, paragraphs 1 and 3). The worker also agrees to pay to the employer part of the transportation costs and the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (section VII, paragraphs 3–4). 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 liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction and placement of migrant workers and whether any of the administrative costs retained by the liaison service relate 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 cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 2 of the Convention. Free services and accurate information to migrant workers. Further to its observation, the Committee notes the Government’s statement that the National Employment Bureau (NEB) provides free services to assist migrants for employment, and that the officers in Canada and the United States are responsible for the welfare of the workers participating in the “Farm Labour Programme”. The Committee asks the Government to provide further details on the type of assistance and information provided by the NEB to migrant workers from Barbados, and on the type of services, including information, provided by the liaison officers in Canada and the United States to migrants under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Statistics on migration flows. Please provide statistical data disaggregated by sex and mobility on the number of migrant workers in Barbados and the number of Barbadian workers seeking employment abroad, in particular in the framework of the “Farm Labour Programme” and the Hotel programme, in Canada and the United States.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Articles 7 and 9 of the Convention. Free services and assistance and transfer of remittances. In its previous comments, the Committee considered that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme “the Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, could be contrary to the spirit of Article 9 of the Convention. The Committee had also taken note of the concerns expressed by the Congress of Trade Unions and Staff Associations of Barbados that this requirement, together with the immediate deduction of certain costs such as airfares, pension and medical contributions from the workers’ pay, created hardship for the workers, and the Programme needed to be reviewed. The Committee also drew the Government’s attention to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170).

The Committee notes the Government’s indication that arrangements are made for a percentage of the earnings of the workers on overseas programmes to be remitted back to the country for them to access upon return and that workers travelling on the overseas programmes are required to sign an “agreement” (contract of employment) which allows for the deduction of 20 per cent of their wages to cover administration costs and national insurance contributions. According to the Government, upon arrival in Canada the workers are met by the Barbados liaison officers and in Barbados the employment services to migrants are rendered free of charge by the National Employment Bureau, which oversees the preparation and departure of workers. The Committee notes that the “Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013” provides that the worker agrees that the employer shall remit to the government agent 25 per cent of the worker’s 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” (section IV, paragraphs 1 and 3). The worker also agrees to pay to the employer part of the transportation costs and the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (section VII, paragraphs 3–4). 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 liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction and placement of migrant workers and whether any of the administrative costs retained by the liaison service relate 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 cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Free services and accurate information to migrant workers. Further to its observation, the Committee notes the Government’s statement that the National Employment Bureau (NEB) provides free services to assist migrants for employment, and that the officers in Canada and the United States are responsible for the welfare of the workers participating in the “Farm Labour Programme”. The Committee asks the Government to provide further details on the type of assistance and information provided by the NEB to migrant workers from Barbados, and on the type of services, including information, provided by the liaison officers in Canada and the United States to migrants under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 7 and 9 of the Convention. Free services and assistance and transfer of remittances. In its previous comments, the Committee considered that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme “the Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, could be contrary to the spirit of Article 9 of the Convention. The Committee had also taken note of the concerns expressed by the Congress of Trade Unions and Staff Associations of Barbados that this requirement, together with the immediate deduction of certain costs such as airfares, pension and medical contributions from the workers’ pay, created hardship for the workers, and the Programme needed to be reviewed. The Committee also drew the Government’s attention to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170).

The Committee notes the Government’s indication that arrangements are made for a percentage of the earnings of the workers on overseas programmes to be remitted back to the country for them to access upon return and that workers travelling on the overseas programmes are required to sign an “agreement” (contract of employment) which allows for the deduction of 20 per cent of their wages to cover administration costs and national insurance contributions. According to the Government, upon arrival in Canada the workers are met by the Barbados liaison officers and in Barbados the employment services to migrants are rendered free of charge by the National Employment Bureau, which oversees the preparation and departure of workers. The Committee notes that the “Agreement for the Employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers – 2013” provides that the worker agrees that the employer shall remit to the government agent 25 per cent of the worker’s 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” (section IV, paragraphs 1 and 3). The worker also agrees to pay to the employer part of the transportation costs and the employer, on behalf of the worker, will advance the work permit fees and be reimbursed by the government agent (section VII, paragraphs 3–4). 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 liaison service for mandatory savings, including for administrative costs, and to indicate whether the liaison service has a role in the recruitment, introduction and placement of migrant workers and whether any of the administrative costs retained by the liaison service relate 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 cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

The Committee is raising other points in a request addressed directly to the Government.

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

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. Information on migration policy. The Committee notes that the emigration and immigration policy is determined by the Immigration Department. The Committee understands that steps have been taken in the past to draft a migration policy based on the guidelines and principles contained in the ILO Multilateral Framework on Labour Migration. The Committee would be grateful if the Government could provide further information on the current status and contents of this migration policy, including a copy of the policy, if adopted.

Article 2. Free services to migrant workers. The Committee notes the statistics on Barbadians migrating under the Canadian Farm Labour Programme, and the US and Canadian Hotel Programmes in 2006 and 2007. The Committee notes that very few women are employed under the Farm Labour Programme which primarily attracts male migrants and that female migrants, whose numbers are increasing, are mainly leaving Barbados under the Hotel Programme. The Committee notes that the National Employment Bureau provides free services to assist migrants for employment. In addition, liaison officers in Canada and the United States are responsible for the welfare of the workers participating in the programme. The Committee asks the Government to provide further details on the following:

• (i) the reasons for the low female participation in the Canadian Farm Labour Programme;
• (ii) the type of assistance and information provided by the National Employment Bureau to men and women from Barbados willing to migrate for employment; and
• (iii) the type of services provided by the liaison officers in Canada and the United States to migrants leaving under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Article 6. Equality of treatment. The Committee notes the Government’s indication that immigrants lawfully residing in Barbados have the same rights and privileges as Barbadian nationals, including the right to join a union, to take holidays with pay and receive social security benefits. The Committee requests the Government to provide further information on the practical measures taken to ensure that the relevant national provisions covering the matters enumerated in Article 6(1)(a)–(d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 7 and 9 of the Convention. Free services rendered by public employment agencies and transfer of remittances. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, in which it expresses concerns relating to the Farm Labour Programme between Barbados and Canada, which still employs thousands of Barbadians. According to the CTUSAB, 25 per cent of the workers’ earnings are being remitted to the Barbados Government directly from Canada, 5 per cent of which is retained by the Government for administrative expenses. The CTUSAB also maintains that the costs of going to Canada, as well as pension contributions for both Barbados and Canada and medical contributions in Canada are immediately deducted from their pay, which is creating hardship for the workers concerned. In the view of the CTUSAB, the system must be reviewed so as not to disadvantage the workers under the programme.

The Committee notes that the Government has not replied to the comments from the CTUSAB. 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 would, in the view of the Committee, be contrary to the spirit of Article 9 of the Convention. Moreover, the Committee recalls that Article 7(2) of the Convention provides that services rendered by public employment services in connection with the recruitment, introduction and placing of migrants for employment are to be provided free of charge. The Committee draws the attention of the Government to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170). The Committee urges the Government:

• (i) to undertake a review of the Farm Labour Programme between Barbados and Canada, in cooperation with the workers’ and employers’ organizations;
• (ii) to explain the reasons for requiring migrant workers under the programme to remit 25 per cent to the Government, including 5 per cent for administrative costs; and
• (iii) to ensure that purely administrative costs of recruitment, introduction and placement are not borne by the workers recruited under the programme, and that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Information on migration policy. The Committee notes that the emigration and immigration policy is determined by the Immigration Department. The Committee understands that steps have been taken in the past to draft a migration policy based on the guidelines and principles contained in the ILO Multilateral Framework on Labour Migration. The Committee would be grateful if the Government could provide further information on the current status and contents of this migration policy, including a copy of the policy, if adopted.

Article 2. Free services to migrant workers. The Committee notes the statistics on Barbadians migrating under the Canadian Farm Labour Programme, and the US and Canadian Hotel Programmes in 2006 and 2007. The Committee notes that very few women are employed under the Farm Labour Programme which primarily attracts male migrants and that female migrants, whose numbers are increasing, are mainly leaving Barbados under the Hotel Programme. The Committee notes that the National Employment Bureau provides free services to assist migrants for employment. In addition, liaison officers in Canada and the United States are responsible for the welfare of the workers participating in the programme. The Committee asks the Government to provide further details on the following:

(i)    the reasons for the low female participation in the Canadian Farm Labour Programme;

(ii)   the type of assistance and information provided by the National Employment Bureau to men and women from Barbados willing to migrate for employment; and

(iii) the type of services provided by the liaison officers in Canada and the United States to migrants leaving under the Farm Labour Programme and the Hotel Programme. Please also indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, provide information on the follow-up given to such complaints.

Article 6. Equality of treatment. The Committee notes the Government’s indication that immigrants lawfully residing in Barbados have the same rights and privileges as Barbadian nationals, including the right to join a union, to take holidays with pay and receive social security benefits. The Committee requests the Government to provide further information on the practical measures taken to ensure that the relevant national provisions covering the matters enumerated in Article 6(1)(a)–(d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous observation. It is therefore bound to repeat its previous observation, which read as follows:

Articles 7 and 9 of the Convention. Free services rendered by public employment agencies and transfer of remittances. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, in which it expresses concerns relating to the Farm Labour Programme between Barbados and Canada, which still employs thousands of Barbadians. According to the CTUSAB, 25 per cent of the workers’ earnings are being remitted to the Barbados Government directly from Canada, 5 per cent of which is retained by the Government for administrative expenses. The CTUSAB also maintains that the costs of going to Canada, as well as pension contributions for both Barbados and Canada and medical contributions in Canada are immediately deducted from their pay, which is creating hardship for the workers concerned. In the view of the CTUSAB, the system must be reviewed so as not to disadvantage the workers under the programme.

The Committee notes that the Government has not replied to the comments from the CTUSAB. 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 would, in the view of the Committee, be contrary to the spirit of Article 9 of the Convention. Moreover, the Committee recalls that Article 7(2) of the Convention provides that services rendered by public employment services in connection with the recruitment, introduction and placing of migrants for employment are to be provided free of charge. The Committee draws the attention of the Government to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170). The Committee urges the Government:

(i)    to undertake a review of the Farm Labour Programme between Barbados and Canada, in cooperation with the workers’ and employers’ organizations;

(ii)   to explain the reasons for requiring migrant workers under the programme to remit 25 per cent to the Government, including 5 per cent for administrative costs; and

(iii)  to ensure that purely administrative costs of recruitment, introduction and placement are not borne by the workers recruited under the programme, and that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire.

The Committee is raising other points in a request addressed directly to the Government.

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

Information on migration policies and migration flows. The Committee notes that according to the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), hundreds of Barbadians are employed in areas of housekeeping, hospitality services and golf course maintenance in Canadian and US hotels. The Committee further recalls its previous comments in which it noted programmes for the recruitment of caregivers (mostly women) for retirement homes in Canada. The Committee asks the Government to provide information, disaggregated by sex, on the number of Barbadians emigrating to work in the hotel sector and retirement homes in Canada and the United States, as well as on any measures taken to ensure that they have access to the necessary services and assistance prior to their departure, in the country of destination and upon their return.  Please provide specific information on the arrangements for selecting participants in such programmes.

The Committee further 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 following matters raised in its previous direct request, which read as follows:

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

…

The Committee also asks the Government to provide information on the practical application of its policy of equal treatment between national and foreign workers in respect of the matters enumerated in subparagraphs (a), (b), (c) and (d) of Article 6(1) 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 instance, information on the number of men and women participating each year in the various collective migration programmes organized under the aegis of the Government.

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.

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

Articles 7 and 9 of the Convention. Free services rendered by public employment agencies and transfer of remittances. The Committee notes the communication from the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB), dated 19 June 2008, in which it expresses concerns relating to the Farm Labour Programme between Barbados and Canada, which still employs thousands of Barbadians. According to the CTUSAB, 25 per cent of the workers’ earnings are being remitted to the Barbados Government directly from Canada, 5 per cent of which is retained by the Government for administrative expenses. The CTUSAB also maintains that the costs of going to Canada, as well as pension contributions for both Barbados and Canada and medical contributions in Canada are immediately deducted from their pay, which is creating hardship for the workers concerned. In the view of CTUSAB, the system must be reviewed so as not to disadvantage the workers under the programme.

The Committee notes that the Government has not replied to the comments from CTUSAB. 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 would, in the view of the Committee, be contrary to the spirit of Article 9 of the Convention. Moreover, the Committee recalls that Article 7(2) of the Convention provides that services rendered by public employment services in connection with the recruitment, introduction and placing of migrants for employment are to be provided free of charge. The Committee draws the attention of the Government to the fact that charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey of 1999 on migrant workers, paragraph 170). The Committee urges the Government:

(i)    to undertake a review of the Farm Labour Programme between Barbados and Canada, in cooperation with the workers’ and employers’ organizations;

(ii)   to explain the reasons for requiring migrant workers under the programme to remit 25 per cent to the Government, including 5 per cent for administrative costs; and

(iii) to ensure that purely administrative costs of recruitment, introduction and placement are not borne by the workers recruited under the programme, and that migrants for employment are permitted to transfer their earnings or such part of their earnings and savings as they desire.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 notes that the seasonal Farm Labour Programme implemented in conjunction with Canada and the United States is still in operation and that a new programme for the recruitment of personnel on cruise ships has been started. It also notes the existence of programmes for the recruitment of care givers (mostly women) for retirement homes in Canada. The Committee asks the Government to provide information, including statistics, on the arrangements for selecting participants in such programmes.

3. The Committee also asks the Government to provide information on the practical application of its policy of equal treatment between national and foreign workers in respect of the matters enumerated 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 instance, information on the number of men and women participating each year in the various collective migration programmes organized under the aegis of the Government.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 notes that the seasonal Farm Labour Programme implemented in conjunction with Canada and the United States is still in operation and that a new programme for the recruitment of personnel on cruise ships has been started. It also notes the existence of programmes for the recruitment of care givers (mostly women) for retirement homes in Canada. The Committee asks the Government to provide information, including statistics, on the arrangements for selecting participants in such programmes.

3.  The Committee also asks the Government to provide information on the practical application of its policy of equal treatment between national and foreign workers in respect of the matters enumerated 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 instance, information on the number of men and women participating each year in the various collective migration programmes organized under the aegis of the Government.

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

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that since 1974 no detailed report containing up-to-date information covering all the fields lying within the scope of the Convention has been received and that the Government has indicated briefly that there has been no change with respect to this subject. The Committee supposes that significant changes have occurred, at least in practice, since the transmission of the last detailed report and it would be grateful if the Government would provide a full report on the application of the Convention in law and in practice, following the questionnaire contained in the report form approved by the Governing Body.