Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Guyana (Ratificación : 1966)

Migration trends. The Committee notes the information provided by the Government in its report indicating that, between 2018 and 2020: 348 work permits were delivered in the mining sector (263 for men and 85 for women) and 4,568 in the gas and oil sector (3,162 for men and 1,406 for women) to migrant workers from all the regions of the world. The Committee also notes that, in its 2018 concluding observation, the United Nations Committee on Migrant Workers (CMW), remarks that although Guyana has traditionally been a country of origin of migrant workers, with migratory movement mainly in the direction of North America and Europe, it “is also a country of destination for migrant workers, primarily from Brazil, Suriname and Venezuela (Bolivarian Republic of), and has increasingly become a country of transit for migrants from Cuba, Haiti and Venezuela (Bolivarian Republic of).” (CMW/C/GUY/CO/1, 2018, paragraph 4). It also notes that in launching the elaboration of Guyana Migration Profile (September 2021), the International Organization for Migration (IOM) confirms that the dynamics of migration in Guyana are changing, as the country is positioned to be one of the largest oil-producing countries in the Western Hemisphere. It is anticipated that this will result in an increase in flows of skilled and less-skilled immigration towards Guyana. Guyana is now home to nearly 30,000 migrants who have left the Bolivarian Republic of Venezuela in recent years. Reporting in 2019 suggested that more than 8,000 Haitians entered Guyana in half a year, and that the number of Cuban visitors to Guyana over any given 12-month period could be as high as 50,000. Despite evidence of Guyana being used a transit country, many of Guyana’s visitors do return to their country of origin.

Information on migrant workers from the Bolivarian Republic of Venezuela. The Committee notes the Government’s indication that it has adopted a humanitarian approach with migrants coming from Venezuela and established a Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela into Guyana with United Nations agencies to address the challenges these migrants face and provide the necessary assistance. In particular, there is no discrimination in access to health, education, and other government services by these migrants in Guyana, and children have free access to state schools and health care. In this regard, the Committee also notes that the Quito Process (Argentina, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Guyana, Mexico, Panama, Paraguay, Peru, and Uruguay) was initiated in 2018 to promote communication and coordination between countries receiving Venezuelan refugees and migrants in Latin America and the Caribbean. One of the main objectives of the Quito Process is the exchange of information and good practices and to articulate a regional coordination to respond to the crisis of Venezuelan refugees and migrants in the region. With more than five million Venezuelan refugees and migrants in the world, around 85 per cent of which are in Latin America and the Caribbean, the region faces new challenges in terms of the mobility of people, access to basic and protection services, inclusion in labour markets and social cohesion. The Committee notes the Government information that the ILO and the United Nations Development Program (UNDP) joined forces to develop a Regional strategy for socio-economic integration, geared towards the main host countries for the refugees and migrant population from Venezuela, in particular, to government institutions that have some degree of competence in the socioeconomic integration of this population, and to employers’ and workers’ organizations, with the aim of promoting social dialogue around this area. According to the statistics collected for the formulation of this strategy, Guyana hosts 2.8 per cent of the migrant population from Venezuela. Furthermore, the displacement-tracking matrix elaborated by the IOM (October 2018 and May 2019) gives an overview of the situation of these migrants and provides data by region, level of education, gender, and civil status amongst other. The Committee requests the Government to provide information on:(i) the implementation of the regional strategy (including any difficulties encountered) and its impact on the working conditions and livelihood of migrant workers from the Bolivarian Republic of Venezuela based in the country; and(ii) the activities of the Multi-Agency Coordination Committee for Addressing the influx of migrants from Venezuela.

Article 1 of the Convention. Information on national policies, laws and regulations. In light of the lack of information provided in this regard by the Government for quite some time, the Committee requests the Government to provide:(i) updated information on any policies, laws and regulations taken regarding migrants leaving or entering the country seeking employment, and on special provisions on migrant workers and their conditions of work and livelihood, as well as on general agreements and special arrangements; and (ii) statistical data on the number of migrant workers entering and leaving Guyana, disaggregated by sex and country of origin, and if possible, by sector of activity.

Article 2. Provision of accurate information to migrant workers. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to provide or fund the provision of information or other assistance to Guyanese nationals seeking employment abroad or to ensure the existence of such service, and to indicate the type of service and information offered, referring it to Paragraph 5(2)–(4) of The Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides further details on the contents of such services. In its reply, the Government recalls that the country is part of the CARICOM Single Market and Economy (CSME) and indicates that Guyanese who are seeking employment within CARICOM member states can obtain information and assistance from the Ministry of Foreign Affairs and International Cooperation and the CARICOM Secretariat, while persons seeking employment outside of CARICOM do so on their own. However, the Government has established consulates and embassies in other countries, to assist and provide the necessary information. In view of the new migration dynamic in Guyana described above, the Committee asks the Government to indicate: (i) any measures taken or envisaged to provide or fund the provision of accurate information or other assistance to migrant workers arriving in Guyana (in transit or as a final destination); and (ii) the type of service and information offered by the Ministry of Foreign Affairs and International Cooperation, the CARICOM Secretariat, Consulates and Embassies to Guyanese workers abroad and to the migrant workers in Guyana.

Article 3. Misleading propaganda. Previously the Committee noted the Government’s statement that misleading propaganda in the media, exaggerated claims on living and working conditions and xenophobic measures, are covered by the provisions of the Defamation Act, Cap 6:03 but recalled that the measures under Article 3 are also meant to combat false information being disseminated to nationals leaving the country and requested the Government: (1) to indicate whether any steps are being taken to prevent migrant workers leaving the country being subject to false information regarding the migration process, job offers or living and working conditions in the countries of employment; and (2) to provide information on any cases addressed by the courts regarding the application of the Defamation Act with respect to migrant workers. Concerning the application of the Defamation Act with respect to migration, the Government indicates that it is not aware of any such case. As regard the steps being taken to prevent migrant workers being subject to misleading information, the Government states that information is provided to workers who are seeking employment in the CARICOM Member States (including Guyana) and that, additionally, the CARICOM Secretariat located in Guyana is a source of information on the free movement of persons within CARICOM. The Committee recalls that the existence of official or authorized information services does not suffice to guarantee that migrant workers are sufficiently and objectively informed before migrating. Workers should also be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved (see General Survey on Migrant Workers, 1999, paragraph 214). The Committee requests the Government to provide information on: (i) the proactive steps taken against misleading propaganda relating to emigration and immigration, such as for example, provisions against misleading propaganda in the press, television, and radio, through labour contracts, internet, etc.; and (ii) its cooperation on the matter with the competent authorities of other countries concerned, in particular countries from CARICOM.

Article 5. Entry requirements and testing related to health. The Committee recalls that, pursuant to section 3(1)(a) and (g) of the Immigration Act, Cap 14:02, every person who “is an idiot, or an epileptic, or of unsound mind, or mentally deficient, or deaf and dumb, or deaf or blind, or dumb or blind”, or who if entered Guyana, is likely to become a charge on the public funds by reason of infirmity of body or mind, or ill health, or for any other reason, is considered a prohibited immigrant. Pursuant to section 3(1)(h) prohibited migrants also include a dependant of a prohibited immigrant. A person who is a prohibited immigrant or is deemed a prohibited immigrant cannot enter or remain in Guyana, although the President or an immigration officer may grant a permit to a prohibited immigrant to remain in Guyana, subject to certain conditions, including employment (section 15). Section 3(4) provides for the possibility that the Minister may from time to time exempt any person from the provisions of section 3(1)(a), (b), (f), (g) or (h). The Committee notes that the Government highlights that: (1) there is no known case pursuant to sections 3(1) (a), (g) and (h) along with section 15 of the Immigration Act, Cap 14:02 that has been dealt with; (2) the relevant sections of the Immigration act have to be applied in conjunction with the Public Health Ordinance; and (3) section 3(1)(a) of the Immigration Act will be reviewed. The Committee requests the Government to provide information on any development linked to the revision of the Immigration Act and to provide a copy of the amended text as soon as adopted. Finally, the Committee requests the Government to indicate how the newly adopted legislation will impact on the exclusion of non-nationals seeking employment in Guyana.

Furthermore, in its previous comment, the Committee noted that, pursuant to section 3(1)(b) of the Immigration Act, any person who is suffering from a communicable disease, as certified by the government medical officer is considered a prohibited immigrant, and that, pursuant to section 3(2), “communicable disease” means a “communicable disease which makes the entry into Guyana of a person suffering from it, dangerous to the community”. In this context, the Government indicates that there has been no case where a migrant worker has been refused entry based on section 3(1)(b) and (2) as the Government does not discriminate on the ground of HIV/AIDS and it does not apply the restrictive sections of the Act on an ad hoc basis. However, the Government underlines that, due to the COVID 19 pandemic, like the rest of the world, it has adopted similar or equivalent COVID 19 protocols and measures as other countries did (including developed countries) for nationals and non-national, including migrant workers. In general, the recommendation is to avoid travelling to Guyana (level 4/4 – very high risk - on the COVID 19 scale).

Article 6. Equality of treatment. The Committee notes that in application of article 149 of the Constitution, the Equal Rights Act and the Prevention of Discrimination Act apply to all workers, including migrant workers and that the purpose of these legislative measures to ensure that fair and equitable treatment is afforded to all workers. The Committee further notes that the Government has been working with the international community to ensure that migrant workers have access to the services offered by the Government. For example, via IOM assistance, Guyana provides interpretational services to migrant workers to ensure that they express their grievances accurately and seek the requisite advice. The Committee further notes the Government’s indication of pending case of a Brazilian migrant worker brought against Guyanese employer for non-payment of wages, which illustrates that migrant workers have access to Government services in the event of alleged violation of non-discrimination laws in employment and occupation. The Committee requests the Government to provide information on the outcome of the case and to continue providing such information, as and when it becomes available.

Article 8. Maintenance of residence in the case of incapacity for work. In its previous comment, the Committee noted that: (1) under the Expulsion of Undesirables Act, Cap 14:05, permits can be revoked if a migrant becomes a burden on public funds; and (2) section 21(4)(a) and (b) of the Immigration Act, Cap 14:02, provides that if a permit has been granted, it may be revoked if there is a contravention or a failure to comply with the conditions of the permit; or at any time by the President or an immigration officer acting on the direction of the President. In its previous report, the Committee enquired about the protection of the rights of residence of migrant workers who have acquired permanent residence status and their dependents is protected in the event of illness or injury that occurs after entry. In its response the Government stated that once migrant workers are in compliance with the immigration requirements and have secured their work permit, they are afforded the same treatment as all other workers and that additionally, they are required to contribute to the National Insurance Scheme which ensures that they receive the same benefits as all other workers. In light of these responses, the Committee requests the Government to amend the Expulsion of Undesirables Act and Immigration Act so as to make it clear that migrant workers who have been admitted on a permanent basis, and the members of their family who have been authorized to accompany or join them, shall maintain their right to residence (including those who have to rely on public funding) and not be returned to their territory of origin or the territory from which they emigrated because the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry.