Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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.