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

Migration for Employment Convention (Revised), 1949 (No. 97) - Guernsey

Article 3 of the Convention. Misleading propaganda. The Committee notes the Government’s statement that while there is no legislation on misleading propaganda, a migrant worker who felt that he or she had been misled by information that caused him or her to seek employment in Guernsey, can seek redress pursuant to the employment legislation or through the civil courts. The Committee recalls that Article 3 of the Convention requires the Government to take active measures to protect migrant workers against the use and dissemination of false information concerning the migration process. The Committee hopes the Government will undertake more active steps to adopt measures to prevent and punish the use of misleading propaganda. Please provide information on any complaints received by judicial or administrative bodies concerning migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services. The Committee notes from the Government’s report that special arrangements are only made at ports for the reception of any immigrant to which immigration legislation applies. The Committee asks the Government to specify the type of arrangements that are made and recalls that the measures under Article 4 of the Convention are meant to facilitate the smooth transition of the migrant worker in the host country.

Article 6. Equality of treatment. The Committee notes the adoption of the Sex Discrimination (Employment) (Guernsey) Ordinance 2005 (SDO) and the Employment and Discrimination Tribunal (Guernsey) Ordinance 2005. It also notes the adoption of the Racial Hatred (Bailiwick of Guernsey) Law 2005 and the Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law 2004, which empowers each of the relevant legislatures to make provisions in respect of their own jurisdiction in relation to the prevention of discrimination against any persons by reason of, inter alia, race, colour, language, religion, political or other opinion, national or social or ethnic origin, association with a national minority, birth or other status. Furthermore, the Government is proposing draft minimum wage legislation, which will also apply to migrant workers and which will include provisions concerning charges for accommodation for migrant workers. The Committee asks the Government to provide information on the following points:

(a)   complaints concerning sex discrimination of migrant workers dealt with by the Employment and Discrimination Tribunal that relate to the matters covered by Article 6 of the Convention;

(b)   complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005 concerning racial discrimination of migrant workers with respect to the matters covered by Article 6 of the Convention;

(c)   provisions concerning racial and religious discrimination made by the legislatures under the Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004;

(d)   copy of the minimum wages legislation, once it has been adopted, as well as copies of the texts of the abovementioned legislation which have not yet been received by the Office.

Non-return in the case of incapacity to work. The Committee notes the Government’s statement that a migrant who has been lawfully admitted to Guernsey to live and work on a permanent basis is entitled to remain in Guernsey, if, for any reason, he or she is unable to follow his or her occupation. The Committee asks the Government to indicate the relevant legal provisions guaranteeing the right to residence of migrant workers admitted on a permanent basis in the event of incapacity for work pursuant to Article 8 of the Convention. Please also confirm whether migrant workers maintain their right to reside in the country when the migrant worker or his or her family are considered to be a burden on public funds.