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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. 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). Noting that for several years it has received no detailed report containing up to date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how the 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 the Immigration Amendment Act, 1992, and the Caribbean Community (Free Entry of Skilled Nationals) Act, 1996, which facilitate the access of some categories of persons to the labour market of Guyana, particularly nationals of the Caribbean community. It asks the Government to supply information, including statistics, on the practical application of these new provisions and their effect on the principle of equal treatment between national workers and all migrant workers on its territory whose situation is legal.

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).

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.