Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Migration for Employment Convention (Revised), 1949 (No. 97) - Dominica (Ratification: 1983)

The Committee notes with deep concern that the Government’s report, due since 2012, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Obligation to provide information. In its previous comments the Committee requested the government to provide information on the practical application of relevant laws and national policies, as well as updated statistical information on migrant workers. The Committee notes that in its 2019 national report to the United Nations Universal Periodic Review (UPR), the Government indicated that Dominica has a large influx of migrants particularly from Haitian and Dominican Republic, and that migrant workers actively contribute to sectors such as building and construction, agriculture, hairdressing and barber shop, and clothing and textiles. In addition, the Report of the Office of the United Nations High Commissioner for Human Rights to the in the framework of the UPR drew attention to data indicating that in 2015 there were 6,720 migrants living in Dominica permanently as residents but that after Hurricane Maria, migrants had largely remained undocumented and in an irregular situation (See A/HRC/WG.6/33/DMA/1, paragraphs 24 and 25, and A/HRC/WG.6/33/DMA/2, paragraph 63).

The Committee also notes that the National Resilience Development Strategy 2018–2030 foresees the development of a Population Policy and Action Plan that includes the integration of migrant workers in society and the formal labour market including through initiatives such as language training and integration courses with an orientation focus on the standards of the state, particularly around business and labour. The Committee once again requests the Government to provide information on:

• (i) the practical application of relevant laws and national policies regarding migrant workers, in particular in light of the consequences of Hurricane Maria;
• (ii) information on the measures taken to implement the Population Policy and Action Plan as regards migrant workers; and
• (iii) statistics on the number, places of origin and sectors of activity of migrant workers in Dominica, disaggregated by sex.

In addition, the Committee requests the Government to provide information on the adverse impact of the Covid-19 pandemic on migrant workers’ situation, and on any measures taken in this regard.

Articles 2 and 3. Accurate information and misleading propaganda relating to emigration and immigration. In its last comments, the Committee noted that Dominica was used as a staging ground to smuggle persons to neighbouring territories. Recalling that unscrupulous agents who profit from migration flows may have interest in disseminating erroneous information on migration processes, it requested the Government to indicate any measures taken to combat such activities. In this regard, the Committee notes the adoption of the Transnational Organized Crime (Prevention and Control) Act 13 of 2013, which criminalizes the act of “trafficking in persons” and “smuggling of persons”. The Committee also notes that, in the Government’s website, there is information available on the requirements for temporary and permanent residency permits, and that the Diaspora Unit published, in 2012, the Returning Nationals Information Manual. The Committee requests the Government to provide details on the application of Act 13 of 2013 in practice. It also requests the Government to communicate on any measures taken to: (i) raise awareness regarding human trafficking in the country and protect migrant workers from misleading propaganda leading to unscrupulous intermediaries; and (ii) further provide information about migration processes to migrant workers or returning migrants.

Article 6. Equal treatment. The Committee recalls that the principle of equality and non-discrimination is at the heart of this Convention and notes that while there is considerable awareness and acceptance among member States of the principle in its general application, there is less certainty about its application to migrant workers. It further notes that the multiple forms of discrimination and inequalities to which migrant workers are subject in countries of employment, in particular woman migrant workers, has been recognized as a persistent challenge. The Committee therefore requests the Government, once again, to provide information on the specific legal provisions adopted and practical measures taken to ensure that all men and women migrant workers enjoy equal treatment concerning all the areas covered in Article 6(1) of the Convention, including information on relevant judicial decisions or cases addressed by the competent authorities.

Articles 1, 7 and 10. Cooperation between States. The Committee notes that Dominica is a member of the Caribbean Community and Common Market (CARICOM), as well as the Organization of Eastern Caribbean States (OECS). The Committee further notes that CARICOM has developed various bodies and schemes which include the CARICOM Single Market and Economy (CSME). The Committee also takes note that both the CARICOM and the OECS have developed freedom of movement regimes which includes freedom of labour among member states. In this regard, the Committee observes that in February 2019 Dominica signed the CARICOM’s Protocol of Contingent Rights, which permits nationals of participating Member States as well as their spouses and immediate dependent family members to access social services, and to move under the CSME. In addition, the Committee also notes that the 2015 OECS Policy on Rights Contingent to the Right of Freedom of Movement Within the Economic Union permits OECS citizens as well as their spouses and dependants, to access residency and social rights.

Finally, the Committee notes that the regional review for Latin America and the Caribbean on the implementation of the Global Compact for Safe, Orderly and Regular Migration was held on April 2021, with the objective to provide a common platform where Member States and all other stakeholders can contribute to the debate on the challenges, progress and needs in the implementation of the Global Compact in the region. In light of these regional integration policies, the Committee requests the Government to provide updated information on:

• (i) the implementation of freedom of movement agreements in the CSME and the OECS in the country, particularly as regards the implementation of the provisions of the Convention, as well as on any other agreements of this sort; and
• (ii) the measures taken or envisaged within the framework of the Global Compact regarding migrants leaving or entering the country seeking employment.

In addition to the above, the Committee further requests the Government to continue providing information concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme and other schemes of this type.