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

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

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.