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

1. Article 1 of the Convention. Information on migration policy and legislation. The Committee notes the Government’s statement that the Caribbean Community (Free Movement) of Skilled Persons Act, 1997, is currently under review to expand and redefine the categories of workers who are to benefit under the Act. The Government indicates that the new categories to be included are teachers and nurses. The Committee hopes that the current revision process will take into account the requirements of the Convention, and asks the Government to send a copy of the revised Caribbean Community (Free Movement) of Skilled Persons Act, 1997, once it has been adopted, along with information on its implementation in practice. Please also supply information on how the current trends in international labour migration have affected the content and implementation of other laws and policies concerning migrations. 

2. Article 3. Misleading propaganda. The Committee recalls its previous comments regarding measures to regulate the activities of private employment agencies or encourage self-regulation to protect migrant workers from any abuse or misleading advertising. The Committee notes the Government’s statement that specific regulations exist against misleading propaganda. It also notes the information in the Government’s report regarding the licensing of private recruitment and employment agencies and the monitoring role of the Ministry of Labour and Social Security in this regard. The Government also indicates that that private employment agencies are required to submit a list of available jobs overseas and that the Ministry of Labour and Social Security verifies job advertisements by employment agencies to ensure that these are not misleading. The Committee recalls that misleading propaganda could relate to the terms and conditions of employment or chances to find or maintain work, and that Article 3(2) requires that, where appropriate, measures shall be taken to cooperate with other States. The Committee asks the Government to provide: (1) copies of the regulation concerning misleading propaganda; (2) information on the manner in which the Ministry of Labour and Social Security ensures that job advertisements are not misleading, including with regard to terms and conditions of employment; (3) information on the number of agencies that have been found guilty of advertising misleading information on overseas employment, as well as on the sanctions and penalties imposed; and (4) information on how the Government is cooperating with other States to prevent and combat misleading propaganda. 

3. Part V of the report form. Statistics and practical application. The Committee thanks the Government for the statistical tables for 2005 and 2006 on work permit applications by country of origin, and on the number of Jamaican workers employed each month in North America by category and sex. The Committee notes that the workers employed in the US Farms Programme are exclusively male, and that women represent less than 1 per cent of the workers under the Canadian Farms/Factories Programme. On the other hand, women constitute 60 per cent of workers under the Hotel Workers Programme. The Committee asks the Government to continue to provide information on immigration and emigration flows, disaggregated by sex, origin and sector of employment. The Government is also requested to communicate information on the relevant activities of the labour inspectorate to ensure the application of the Convention.