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Repetition Statistics. The Committee notes the statistics provided on the number of male and female workers from Trinidad and Tobago recruited under the Caribbean Seasonal Agriculture Workers Programme. The Committee notes that the large majority of the workers recruited continue to be men but that the number of women has increased to an average of 80 workers over the period 2007–12. The Committee further notes the Government’s statement that the reasons for the low participation of women in the Caribbean Seasonal Agriculture Workers’ Programme relate to the requirement of separate accommodation quarters, the nature of the tasks to be performed and the conditions of work, as well as conflict in work–life balance. The Government is requested to continue to provide statistical data, disaggregated by sex and country of destination of the number of nationals employed abroad, including in temporary work in Canada. Please also provide statistical information, disaggregated by sex and nationality, on the number of foreign nationals employed in Trinidad and Tobago. Article 5. Entry requirements and medical examination. The Committee notes that the Immigration Act, 1969, prohibits entry into Trinidad and Tobago to “persons who are idiots, imbeciles, feeble-minded persons, persons suffering from dementia and insane persons, and who are likely to be a charge on public funds (section 8(a)); persons who are dumb, blind or otherwise physically defective, or physically handicapped, which might endanger their ability to earn a livelihood, or render them likely to become charges on public funds (section 8(c)). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination. The Committee notes in particular section 8(e) of the Act prohibiting entry of homosexuals (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide information on the practical application of section 8(a), (c) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Trinidad and Tobago who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this regard how it is determined that a person with a physical or mental disability is likely to become a burden on public funds. Please also indicate whether any consideration has been given to amending the provisions of the Immigration Act, 1969, concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination. Furthermore, the Committee notes that pursuant to section 8(b) of the Immigration Act, 1969, persons afflicted with any infectious or dangerous infectious disease are also prohibited entry. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), providing that migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 8(b) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 8(b) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Trinidad and Tobago who have been refused entry on the basis of the above provisions of the Immigration Act. Article 6 of the Convention. Equality of treatment. The Committee notes the Government’s indication that the Minimum Wages Act Chapter 88:04 and the Minimum Wages Orders pursuant to this Act, which determine wages and conditions of work for various industries, apply to nationals as well as migrant workers. With regard to social security, the Government refers to the National Insurance Act Chapter 32:01 of 1971 (NI Act), section 29(1) of which provides that every employed person shall be registered for the purposes of the system of national insurance. In addition, reciprocal agreements between Trinidad and Tobago and other Caribbean Community (CARICOM) countries, as well as with Canada, provided for the transferability of contributions paid under social security schemes. The Committee requests the Government to indicate whether any social security arrangements exist with countries outside CARICOM from which migrant workers originate. It also requests the Government to provide information on the practical application of the Minimum Wages Act and Minimum Wages Orders to migrant workers, including any complaints received by migrant workers regarding unequal treatment with respect to conditions of work, including remuneration, by the competent authorities. Noting further that the Equal Opportunity Act, 2000 applies to migrant workers, the Committee also requests the Government to provide information on any measures taken to inform such workers of the protection against discrimination provided by the Act, and on any cases addressed by the Equal Opportunity Commission and the Equal Opportunity Tribunal concerning unequal treatment of migrant workers. Article 8. Maintenance of residence in the event of incapacity for work. With reference to its previous comments, the Committee notes the Government’s confirmation that in accordance with section 7 of the Immigration Act, Chapter 18:01, resident status is not revoked in the case of ill health or injury, including infectious or dangerous diseases, or when the immigrant or a member of his or her family is considered a burden on public funds.
Information on trends and developments. The Committee notes the Government’s statement that the Immigration (Caribbean Community Skilled Nationals) Act 1996 (No. 26), which covers university graduates, artists, media workers, musicians and sportspersons has entered into force. The Act regulates recognition of Caribbean community skills qualifications and makes provision for entry of spouses and dependants. Furthermore, the Committee notes the Caribbean Seasonal Agriculture Workers’ Programme which concerns the recruitment of seasonal farm workers from Trinidad and Tobago on Canadian farms. The Committee notes that the large majority of the workers recruited are men (1,485 in 2003 and 1,198 in 2006) but that the number of women is gradually increasing (seven in 2003 and 50 in 2006). The Government is requested to continue to provide information on newly adopted legislation and policies concerning immigration and emigration. Please also indicate the reasons for the low number of women recruited under the Caribbean Seasonal Agriculture Workers’ Programme and continue to provide statistical data, disaggregated by sex, on immigration and emigration flows, and in particular on the number of men and women recruited for temporary work in Canada.
Equality of treatment. The Committee notes the Government’s statement that the Immigration (Caribbean Community Skilled Nationals) Act 1996 (No. 26), covers the issues of equal treatment between nationals and migrant workers lawfully in the country. The Committee notes, however, that the Act does not include any provisions concerning the matters covered by subparagraphs (a), (b), (c), and (d) of Article 6(1) of the Convention nor does is expressly provide for equality of treatment between migrant workers covered by the Act and nationals irrespective of race, nationality, sex and religion. The Committee also notes that the national legislation at present does not include any provisions in this area either. The Committee requests the Government to provide information on any practical measures taken to ensure that migrant workers are treated in practice on an equal footing with nationals in terms of working conditions, social security, work-related tax and access to the justice system in accordance with Article 6 of the Convention.
Article 8. With reference to its previous comments, the Committee notes that the Government, in its response, refers to section 10A of Act No. 26 which concerns the barring of a person to enter Trinidad and Tobago when “a deportation order has been issued against a spouse or a dependent member … or that person is afflicted with an infectious or dangerous disease”. The Committee recalls that Article 8 does not concern the admission or entry of workers to Trinidad and Tobago but the maintenance of the right of migrant workers who have already been admitted on a permanent basis to continue to reside in the country in the event of incapacity for work. It wishes to point out that security of residence of permanent workers is one of the most important provisions of the Convention. Where this right is not effectively applied, permanent resident migrants find themselves living under the constant threat of repatriation. The Committee therefore asks the Government to confirm that the residency permit of migrant workers admitted on a permanent basis cannot be revoked or refused to be renewed in the case of ill health or injury, including infectious or dangerous diseases, or when the migrant worker or members of his or her family is considered to constitute a burden on public funds.
1. The Committee notes the statistics supplied by the Government on the number of nationals participating in collective migration programmes under which seasonal farm workers are recruited temporarily each year to work in Canada, and the considerable increase of workers now involved in these programmes: 873 in 1995 as compared to 475 in 1999. It also notes that, in view of this increase, the Government has had to increase its staff complement in Canada. 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). It 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 Immigration (Caribbean Community Skilled Nationals) Act, 1996 (No. 26) has been adopted but has not yet come into force. The Act aims to facilitate the movement and establishment of certain categories of workers in the region. The Committee observes that other countries, which are also members of CARICOM, have informed it that they have adopted similar legislation. The Committee also notes that Trinidad and Tobago ratified the regional CARICOM Agreement on Social Security in 1999, the aim of which is to protect the rights of the workers concerned, particularly the right to equal treatment when they move from one country of employment to another. The Committee asks the Government to keep it informed of the entry into force of Act No. 26 of 1996 and to provide a copy of it.
3. The Committee also asks the Government to provide information on the practical application of its equal treatment policy in the areas listed 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, statistics on the number of seasonal farm workers recruited for temporary work in Canada each year, disaggregated by sex.
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.
The Committee takes note of the statistics on the migratory movements of workers in the agricultural sector to Canada for a limited period. It requests the Government to continue supplying such statistics, as well as data on the number of foreign workers employed in the country.
The Comittee also asks the Government to report any practical difficulties encountered in the implementation of the Convention and, where possible, supply the relevant reports on the activities of the inspection services, in accordance with point V of the report form.