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

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

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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2007.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2007.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 comments.

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

While noting from the Government’s report submitted in 2009 that 944 work permits were issued in 2008, in particular to Haitian workers (510), the Committee notes that the Government’s report has not been received this year. 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:

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

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

While noting from the Government’s report submitted in 2009 that 944 work permits were issued in 2008, in particular to Haitian workers (510), the Committee notes that the Government’s report has not been received this year. 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:

Repetition

Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Obligation to provide information. The Committee notes that the Government’s report refers in a very general manner to the current situation of foreign workers seeking employment in Dominica. The report does not supply any further information on the practical application of the relevant laws and national policies regarding migrant workers, or updated statistical information on the number, places of origin, and sectors of activity of migrant workers in Dominica, disaggregated by sex. The Committee requests the Government to provide such information in its next report.

2. The Committee notes the Government’s statement that the country has experienced an influx of Haitian and Dominican Republic nationals over the last five years seeking employment in various fields. At the same time, the Government states that Dominica had been used as a staging ground to smuggle nationals from these two countries to neighbouring territories. In this regard, the Committee recalls that “migrant workers should be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences of the workers involved. Unscrupulous agents who profit from migration flows may have an interest in disseminating erroneous information on the migration process” (General Survey, 1999, paragraph 214). Given migrants’ vulnerability to this form of abuse, the Committee trusts that the Government will take appropriate measures to combat such activities and requests the Government to indicate any measures taken in this regard, including through cooperation with the authorities of the territories concerned, as envisaged under Articles 2(2) and 10 of the Convention.

3. Equal treatment. The Committee recalls the Government’s obligation under Article 6(1) to apply, without discrimination in respect of nationality, race, religion or sex, to migrant workers lawfully within its territory treatment no less favourable than that applied to the country’s nationals in respect of remuneration, trade union rights, accommodation, taxes, social security and access to justice. In this regard, the Committee notes the Government’s statement that all migrant workers are required by law to be registered with the Dominican Social Security and as a consequence are entitled to all the benefits. The Committee requests the Government to provide information on the specific legal provisions 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), including information on relevant judicial decisions or cases addressed by the competent authorities.

4. Agreements and special arrangements. Noting the statistical information provided by the Government concerning the participation of Dominicans in the Canada/Caribbean Seasonal Agricultural Workers Programme, the Committee asks the Government to continue to provide such information in its next report, as well as information on other schemes of this type (disaggregated by sex). Please also provide updated information on any agreements on labour migration made since the last report, as well as information on any measures relevant to the application of the Convention taken within the framework of CARICOM.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 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). The Committee would appreciate receiving, for example, statistics on the number of men and women in Dominica who have participated in the programmes for the recruitment of seasonal farm labour by Canada and the United States.

3.  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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

With reference to its previous comments, the Committee recalls that it has received no detailed report containing up-to-date information and covering all areas of the Convention, and that the Government merely indicates briefly that there has been no change. It again requests the Government to send a full report on the application of the Convention, in law and in practice, in accordance with the questionnaire of the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

With reference to its previous comments, the Committee recalls that it has received no detailed report containing up-to-date information and covering all areas of the Convention, and that the Government merely indicates briefly that there has been no change. It again requests the Government to send a full report on the application of the Convention, in law and in practice, in accordance with the questionnaire of the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous comments, the Committee recalls that it has received no detailed report containing up-to-date information and covering all areas of the Convention, and that the Government merely indicates briefly that there has been no change. It again requests the Government to send a full report on the application of the Convention, in law and in practice, in accordance with the questionnaire of the report form adopted by the Governing Body.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that no new detailed report including current information and covering all the spheres of the Convention has been received since 1988 and that the Government has only indicated briefly that there have been no changes on the subject. Supposing that since the date of the last detailed report changes have occurred - at least in practice - the Committee would be grateful if the Government would submit a full report on application of the Convention in legislation and in practice, following the relevant report form questionnaire approved by the Governing Body.