Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes that the Government’s report, which is identical to the report submitted in 2008, contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that free advice is given by the Labour Department to assist migrant workers in terms of their statutory rights. The Committee recalls the indications on this point contained in Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that in light of the increasing feminization of migration for employment, in many cases information campaigns or services specifically directed towards women may be appropriate. The Committee requests the Government to provide additional information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, with an indication of any specific measures taken to address the concerns of women migrants upon arrival in the country.

Article 6. Equality of treatment. The Committee notes the Government’s statement that the employment laws of Montserrat do not discriminate against migrant workers, who enjoy the same statutory rights as nationals. Copies of contracts are submitted to the Labour Commissioner who has to ensure that the provisions of the contract do not violate these rights. The Committee requests the Government to provide information on the practical application of the legislative provisions ensuring non-discrimination of migrant workers, including the nature and number of any violations detected by the Labour Commissioner or by any other competent authorities entrusted with monitoring respect for the principles related to the Convention. Please also include information on any judicial decisions handed down by the courts with respect to the matters enumerated in paragraphs (a)–(d) of Article 6(1) of the Convention.

Article 8. Non-return in case of incapacity for work. The Committee would be grateful if the Government would supply precise information on the legal provisions ensuring that migrant workers admitted maintain their right of residence in case of incapacity for work and on the practical application of such provisions.