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

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Granada (Ratificación : 1979)

Articles 2 and 3 of the Convention. Provision of information to migrant workers and tackling misleading propaganda. The Committee noted previously the Government’s statement that no measures have been taken against misleading propaganda relating to emigration and immigration and that such information does not exist. In its report, the Government reiterates that there is no need for such measures since there have been no instances of misleading propaganda. It further adds that the Ministry of Labour is the sole body that recruits persons for the Canadian Farm Workers Programme for the employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers. In that regard, the Committee wishes to point out that Article 3 of the Convention requires member States to take steps against misleading propaganda relating to emigration but also to immigration. It is also important to emphasise that the obligation “to take all appropriate steps against misleading propaganda” is not triggered by the existence of such information, but by act of ratification of the Convention. The obligation to take measures is therefore not contingent upon the existence of propaganda. The purpose of the Convention is to prevent the very existence of such information. This does not require Member States to wait until misleading propaganda information is disseminated before taking action. The obligation is to put in place measures that prevent such information from being disseminated and if it is disseminated to deal with under the measures that have been put in place. It also recalls the relevance of Article 3 of the Convention for the protection of workers 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, both nationals going abroad to work as well as foreigners coming to work in the country. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process, including exaggerated claims on living and working conditions in the host country, as well as on the chances of finding and maintaining work. Given migrants’ vulnerability to this form of abuse, it is essential that States take measures to combat such activities (General Survey on Promoting fair migration, 2016, para.87 and 262). The Committee thus encourages the Government to take measures to ensure that workers who migrate to foreign countries as well as those who emigrate to Grenada are provided with accurate information prior to departure. Further, the Committee asks the Government to indicate how it is cooperating with other States to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Article 5. Medical examination. With reference to its previous comments, the Committee notes the Government’s indication that medical clearance for workers from Grenada on the Canadian Farm Programme includes HIV testing and therefore no case of refusal of entry to Canada has been registered. This is compulsory and a requirement by the Canadian authorities. It is not a requirement of the Government of Grenada. Moreover, and with respect to refusal of entry to Canada due to HIV positive status, the Government indicates that no cases were registered since candidates are clear before departure. In this regard, the Committee wishes to refer to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which: (1) ‘HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants’ and (2) ‘[ …] those seeking to migrate for employment, should not be required to disclose HIV-related information and be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status’ (General Survey of 2016, para. 252). The Committee asks the Government: (i) to indicate whether candidates are excluded from participating in the Canada-Caribbean program on the sole basis of their HIV status or only after ensuring that this status will affect their ability to perform the tasks for which they are being recruited; and (ii) to provide information on the number of migrant workers who have been excluded from participating in the Canada–Caribbean programme on the basis of their HIV status or because they have refused to be subjected to HIV testing or screening.

Articles 7 and 9. Free services rendered by public employment offices and transfer of remittances. The Committee recalls that it had asked the Government to clarify why it is considered necessary to require migrant workers under the Farm Labour Programme for the employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers, to remit 25 per cent of their wages to the Grenada liaison service for mandatory savings, 5 per cent of which is retained to pay the administrative costs of the programme. 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 20 per cent of their earnings to the Government as mandatory savings is, in the view of the Committee, contrary to this provision. Further, under Article 7(2) of the Convention, services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge. Consequently, charging workers for purely administrative costs of recruitment, introduction and placement is prohibited under the Convention (General Survey 2016, paragraph 229). The Committee notes the Government’s indication that, the 25 per cent deduction practice was discontinued in 2016 and that, a new “contract for the employment in Canada of Commonwealth Caribbean seasonal agricultural workers” was issued in 2021. The Committee notes that section V, clause 2 of the new contract, provides that the “employer shall deduct a portion of the worker’s wages (…). These deductions are to cover costs associated with the physical and financial protection of the worker in Canada (…).” These costs include among others, contributions to the National Insurance Scheme. Section V, clause 3 also provides that “deductions can only be made with the consent of the worker. If the worker does not consent to these deductions, the worker agrees to pay the cost of the specified goods and services directly. Moreover, the total amount deducted shall not exceed $5.45 per working day”. The Committee also asks the Government to provide further information on the nature of the deductions undertaken from the worker’s wage, apart from the costs associated with the physical and financial protection of the worker.

Statistics on migration flows. With respect to migrant flows, the Committee takes notes of the Government indication that it is unable to provide statistical information on the number of Grenadian workers seeking employment abroad beyond the statistics regarding the number of farm workers from Grenada who participated in the Farm Labour Programme. According to the Government, this number has increased from 48 workers in 2015 to 197 workers in 2021. The Committee asks the Government to continue to provide available statistical information, disaggregated by sex and nationality, on the number of migrant workers in Grenada, and of Grenadian workers seeking employment abroad, including under the Farm Labour Programme.