Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1(a). Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 6 September 2005, and the response of the Government thereto, dated 24 May 2006. The ICFTU expressed concern that the inflexible nature of the Industrial Trainee System, allowing foreign workers to enter the country as trainees, and the employment permit system, under the Employment of Foreign Labourers Act, 2004, make migrant workers excessively dependent on the employer and thus vulnerable to exploitation and abuse, and also inhibits their mobility and access to higher-paying jobs. In order to move to higher-paying jobs, the ICFTU states that migrant workers then become undocumented, and consequently are even more vulnerable to pressure from their employer and risk deportation. The ICFTU also expressed concern that the Government is forcibly expelling undocumented foreign workers, in effect adhering to a policy of discrimination. The Committee notes that the Government acknowledges that there were considerable problems with the Industrial Trainee System, and states that the system is being abolished, and that the nation’s foreign worker system will be placed under a single Employment Permit System, effective 1 January 2007. With respect to the allegation of restrictions on workforce mobility, the Government states that such a measure is “inevitable” to prevent confusion and to resolve workforce shortages. The Government also states that some mobility is, however, permitted. The Committee further notes the Government’s assertion that basic labour rights of both native workers and foreign workers who are legally employed are ensured. The Committee also notes that the Government is taking measures to induce the voluntary departure of foreign workers.

2. The Committee notes that all the grounds set out in the Convention are to apply equally to migrant workers and nationals. As a result, schemes and policies related to migrant workers should not result in discrimination based on race, colour, national extraction, sex, religion, social origin or political opinion. Where a system of employment of migrant workers places those workers in a particularly vulnerable position and provides employers with the opportunity to exert disproportionate power over them, this could result in discrimination against migrant workers on the basis of the grounds listed in the Convention, in particular race, colour and national extraction. The Committee requests the Government to provide further details on the nature and extent of the Government incentives that have been put in place to induce foreign workers’ voluntary departure. The Committee also requests further information regarding the Employment Permit System, in particular how this system ensures that migrant workers are protected against discrimination on the grounds listed in the Convention, including based on race, colour and national extraction. Please also provide information on any other measures that have been taken or are envisaged to ensure migrant workers are not discriminated against in practice on the grounds enumerated in the Convention. The Committee would also welcome information on the number and nature of complaints made by migrant workers to the courts or administrative bodies, and the results thereof.

3. Legislative protection. Noting that the Government has not yet forwarded a reply to the Committee’s previous observation, the Committee reiterates its request for information on the practical application of the relevant provisions of the National Human Rights Commission Act, including on the nature and outcome of any petitions filed, or investigations or surveys conducted under the Act with respect to employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.