Domestic Workers Convention, 2011 (No. 189) - Guyana (Ratification: 2013)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Definitions. In response to the Committee’s previous comments, the Government indicates that definitions of the terms “domestic work” or “domestic worker” have not yet been incorporated into the national legislation. The Government nevertheless notes the Committee’s concern regarding the desirability of developing specific definitions of these terms and indicates that the issue will be considered by the social partners when consultations are held on the proposed review of labour legislation. The Committee requests the Government to provide updated information on any developments with respect to the introduction of a definition of the terms “domestic work” or “domestic worker” in national legislation or collective agreements that is in accordance with the Convention.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. The Government reiterates that, pursuant to article 147 of the Constitution of the Cooperative Republic of Guyana, all citizens have the right to freely associate with or become members of trade unions of their own choice. It adds that this provision applies to domestic workers. The Government points out that domestic workers have never organized, but that a group of domestic workers joined together to form a cooperative. The Committee notes the Government’s indication that it is currently contemplating undertaking sensitization and awareness initiatives on the issue of freedom of association and collective bargaining through various media platforms and the social partners. The Committee requests the Government to provide updated information on any measures or initiatives taken to promote the enjoyment and exercise of freedom of association and collective bargaining rights by domestic workers and their employers.

Article 3(2)(b).Forced labour. In response to the Committee’s previous request, the Government refers to article 140 (2) of the Constitution of Guyana, which prohibits forced labour, as well as to the Employment of Young Persons and Children Act, Cap. 99:01, which protects minors under the age of 15 from employment. In addition, section 30(1)(a) of the Labour Act, Cap. 98:01 empowers a labour officer who has reasonable cause to believe that labour is being employed, to enter, inspect and examine any premises at any hour of the day or night and to require from the employer information regarding the wages, hours and conditions of work of those employed. The Government indicates that this legislation is enforced through regular inspections carried out by the Ministry of Labour. The Government adds that it has increased efforts to prevent trafficking and has recognized the need for greater sensitization regarding domestic workers’ rights under the current labour legislation. The Committee invites the Government to communicate updated information on any measures taken or envisaged to raise awareness of domestic workers’ rights, including their right to be free from forced or compulsory labour.

Articles 3(2)(c) and 4. Child Labour. Access to education. The Government refers to the Protection of Children Act, Cap. 46:06, as well as to the development of the National Policy Towards the Elimination of Child Labour (2019) and its accompanying Action Plan. It adds that the National Child Labour Committee is tasked with coordinating the implementation of the Action Plan. The Government indicates that, from 2018 to 2021, the Ministry of Labour carried out a total of 4,159 inspections of workplaces in all regions of the country, which did not detect any instances of child domestic labour. With respect to access to education, the Government has taken measures to enforce compulsory school attendance for children up to the age of 15 through truancy campaigns, provision of safe havens and drop-in centres, which include the provision of free education and vocational training. The Committee requests the Government to provide updated information regarding the activities of the National Child Labour Committee relevant to the prevention and elimination of child domestic labour, as well as on measures taken or envisaged in this respect. The Committee requests the Government to provide concrete, updated information on the number of inspections undertaken of private households in which domestic work is performed, as part of its labour inspection activities and whether these revealed any instances of child domestic work.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Committee notes the Government’s reference to the Criminal Law Offences Act, Cap. 8: 01 and the Summary Jurisdiction Offences Act, Cap: 02, prohibiting abuse and violence, including against domestic workers. It also notes the Government’s reference to section 8 of the Prevention of Discrimination Act, 1997, as well as to the Sexual Offences Act, No. 7 of 2010, both of which afford protection to workers, including domestic workers, against sexual harassment in the workplace. In addition, in response to the Committee’s previous comments, the Government indicates that sensitization sessions held by the Department of Labour for employers and employees, including domestic workers, were beneficial, as demonstrated by the approximately 50 inquiries received by the Department from 2018 to 2020 from both domestic employers and domestic workers on a range of issues relating to conditions of work (hours, remuneration and other matters). The Committee notes the information provided by the Government, which replies fully to its comments.

Articles 6 and 7. Fair terms of employment, decent working and living conditions. Information on terms and conditions of employment. In response to the Committee’s previous comments, the Government indicates that it advocates for decent working conditions for all workers, including domestic workers, through legislation such as the Household Service Workers (Hours of Work) Act of 1980, Cap. 99:07; the Labour (Conditions of Employment of Certain Workers) Act, Cap. 99:03, the Labour Act, Cap. 98:01 and the minimum wage legislation. The Committee notes that the Household Service Workers Act sets a maximum work week of 48 hours for domestic workers and makes provision for overtime payments. With respect to the means through which information on terms and conditions of employment is provided to workers, including domestic workers and workers from indigenous and underprivileged tribal communities, the Committee notes with interest the information provided by the Government concerning seminars and awareness raising brochures and posters developed and disseminated by the Ministry of Labour. The Government adds that it has and continues to develop awareness raising posters and brochures in languages such as Mandarin, Spanish and Portuguese, directed at migrant workers and their employers. Lastly, the Government indicates that it will bring the Committee’s comments concerning the development of a model contract for domestic workers to the attention of the National Tripartite Committee. The Committee requests the Government to provide concrete updated information on the manner in which it is ensured that domestic workers who reside in the household enjoy decent working conditions that respect their privacy, as envisaged by Paragraph 17 of Recommendation No. 201.It further requests the Government to continue to provide updated information concerning its awareness raising activities to inform domestic workers of their labour rights and domestic employers of their obligations, as well as with respect to the outcome of tripartite consultations regarding the possible development of a model domestic work contract.

Articles 8 and 15. Migrant domestic workers. Private employment agencies. In response to the Committee’s previous comment, the Government indicates that it has not taken any measures in cooperation with other ILO member States for migrant domestic workers. The Government nevertheless expresses the view that the national legislative framework provides adequate protection for migrant domestic workers, noting the situation of migrant domestic workers from Venezuela who are currently working in Guyana. The Committee notes that Guyana provides for the free movement of qualified domestic workers who are nationals of a CARICOM member State, to those domestic workers with Caribbean vocational qualifications. The Committee notes the Government’s indication that there are currently 11 private employment agencies (“PEAs”) operating in Guyana and are regulated under the Recruiting of Workers Act, Cap. 98:06. It adds that migrant domestic workers employed through PEAs are protected by the Criminal Law Offences Act and the Summary Jurisdiction Act, which prohibit abuse. Migrant domestic workers who are victims of abuse may make reports to the Guyana Police Force as well as file civil claims in the courts. In addition, allegations of exploitation may be brought to the Ministry of Labour. The Committee requests the Government to provide detailed information, including statistical data, concerning the nature and type of violations reported by domestic workers, the outcomes and sanctions imposed, if any. It further requests the Government to indicate the measures taken or envisaged to ensure that domestic workers are not charged recruitment fees by private employment agencies, as required under Article 15(e).

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of identity and travel documents. In its response to the Committee’s previous comments, the Government refers to provisions in the Constitution and national legislation prohibiting forced labour. In particular, the Committee notes the Government’s reference to the Combatting of Trafficking in Persons Act which, among other things, prohibits an employer from confiscating a worker’s passport or other identity document. The Committee nevertheless reiterates its previous request that the Government provide detailed updated information on the manner in which Article 9(a) and (b) are given effect.

Articles 16 and 17. Access to justice. Complaints mechanisms. Labour inspection. The Government reports that domestic workers, including migrant and indigenous domestic workers, have access to justice, as they are able to bring complaints to the Ministry of Labour, as well as to the courts. The Committee notes that the Government undertakes to continue to engage with the social partners to develop and implement sensitization and awareness sessions for all workers, including domestic and migrant workers, on access to the justice system. It also provides conciliation and dispute resolution services between employers and trade unions as well as dispute resolution services for workers who are not affiliated to a trade union. With respect to labour inspection, the Government has strengthened general inspection activities, employing additional labour officers in August 2021 to be stationed in all regions of the country. The Government indicates that it would have to build a network of key informants, including church and faith-based organizations and women’s groups in all ten administrative regions, to help guide its inspection activities. The Committee requests the Government to continue to provide updated information on measures taken or envisaged to give effect to these Articles of the Convention. The Government is also requested to provide copies of any court decisions concerning the application of the principles of the Convention.

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

The Committee notes with concern 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. Definitions. The Government indicates that national legislation contains no specific definition of domestic work and domestic workers. The Committee nevertheless notes that the Household Service Workers (Hours of Work Act) Cap. 99:07 defines a Household Service Worker as “any person employed as a domestic in any private residence, which includes children’s nurses”. The Committee recalls that, because of the specific characteristics of domestic work, particular attention should be given to establishing a definition of domestic workers and domestic work in relevant national legal instruments. The Committee therefore requests the Government to indicate the measures taken or envisaged to incorporate a definition of “domestic work” and “domestic worker” in national legislation or collective agreements that is compatible with the Convention.

Article 2. Exclusions. The Committee notes the Government’s indication that no category of workers is excluded from the scope of application of the Convention.

Articles 3(2)(a) and 3. Freedom of association and collective bargaining. The Government indicates that article 147 of the Guyanese Constitution, which provides for all citizens to be freely associated with or become members of trade unions of their own choice, also applies to domestic workers. The Government adds that domestic workers have never organized, but that some domestic workers have recently formed a cooperative. The Committee notes in this respect that the ILO held a workshop together with the domestic workers’ group, Red Thread, a women’s non-governmental organization, on 23–25 May 2017, designed to assist domestic workers in successfully forming a workers’ cooperative. With respect to freedom of association and collective bargaining rights, the Committee recalls that the specific characteristics of domestic work, often involving triangular employment relationships, a high degree of dependence on the employer and the frequent isolation of domestic workers in their workplaces, are all factors that make it difficult for domestic workers to form and join unions. Taking into account the particular characteristics of domestic work, the Committee requests the Government to indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice, and to provide information on measures taken or envisaged to ensure the promotion and protection of the right of domestic workers and their employers to establish and join organizations, federations and confederations of their own choosing, as well as to inform them of their rights and obligations in this respect.

Article 3(2)(b). Forced labour. The Committee notes that the Government does not provide information on specific measures taken or envisaged to ensure that domestic workers are effectively protected against forced or compulsory labour. In this regard, the Committee refers to its 2013 direct request in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it noted that, according to information available from the website of the UN High Commissioner for Refugees, Amerindian girls in Guyana are particularly vulnerable and are often trafficked to work in prostitution or domestic service. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged to guarantee in law and practice the protection of domestic workers – particularly minors – from all forms of forced or compulsory labour, particularly in the case of Amerindian domestic workers. The Committee further requests the Government to provide information on the enforcement in practice in relation to domestic workers of the legislation that is in force to combat the smuggling and trafficking of persons, particularly with regard to immigrant workers.

Article 3(2)(c) and Article 4. Child labour. The Government indicates that the minimum age for admission to employment established by national legislation is 15. It adds that measures taken to ensure that domestic workers below the age of 18 are not deprived of compulsory education and other training include labour inspections and campaigns jointly conducted with the Ministry of Education. In this respect, the Committee refers to its 2013 comments under Convention No. 182, in which it noted that, according to the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), there are many Guyanese children in domestic service. In this context, the Committee recalls that the Worst Forms of Child Labour Convention, 1999 (No. 182), applies to all persons under the age of 18. Noting that the characteristics of domestic work, particularly isolation in the employer’s household and a high level of dependence on the employer, place children and adolescents in domestic service at risk of exploitation and abuse, the Committee draws the attention of the Government to the guidance provided in Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which is of practical relevance to the domestic work sector. In particular, Article 6 of Convention No. 182 calls for programmes of action to be implemented with the aim of eliminating the worst forms of child labour. Recommendation No. 190 provides that such programmes of action should give special attention to the girl child, as well as to the problem of hidden work situations, in which girls are at special risk (Recommendation No. 190, Paragraphs 2(c)(ii) and (iii) and 3(d) and (e)). The Committee requests the Government to provide information on the measures adopted or envisaged with a view to ensuring in practice the eradication of child labour in the domestic sector. The Committee further requests the Government to provide information concerning the number of labour inspections undertaken, the outcome of these inspections and their impact, as well as information on the impact of the campaigns jointly carried out with the Ministry of Education to ensure that work performed by domestic workers under the age of 18 does not interfere with their opportunities for further education and training, or place them at risk.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Government indicates that, apart from regular labour inspections, employers are sensitized through workshops and seminars about their legal and moral roles and responsibilities to all categories of employees, including domestic workers. Recalling the specific characteristics of domestic work, especially the situation of female migrant domestic workers, who are highly vulnerable to abuse and exploitation, the Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that national and migrant domestic workers are effectively protected against all forms of abuse, harassment and violence. It further requests the Government to provide information on the impact of the sensitization workshops and seminars organized to raise employers’ awareness of their obligations with regard to their employees, particularly with regard to domestic workers.

Article 6. Fair terms of employment, decent working and living conditions. The Committee notes that the Government does not provide information on measures taken to ensure that domestic workers enjoy fair terms of employment as well as decent working and living conditions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that all domestic workers, nationals or migrants, enjoy fair terms of employment, decent working conditions and, if they reside in the household, decent living conditions that respect their privacy.

Article 7. Information on terms and conditions of employment. The Government indicates that there is no requirement that written contracts of employment be issued, but that the relevant laws which cover all necessary terms and conditions of employment in the domestic sector are highlighted during sensitization workshops and seminars. The Committee requests the Government to indicate the means through which appropriate, verifiable and easily understandable information on terms and conditions of employment, is provided during the workshops and seminar, whether through audio-visuals or printed materials or other accessible formats or languages particularly in the case of domestic workers belonging to indigenous and from underprivileged tribal communities. The Committee encourages the Government to consider the possibility of developing a model employment contract for domestic work, in consultation with the most representative employers’ and workers’ and the representative organizations of domestic workers and their employers, where such organizations exist.

Article 8. Migrant domestic workers. The Government indicates that the recruitment of foreign domestic workers to work in Guyana is not widely practised, but that where this occurs, migrant domestic workers are entitled to all fair terms and conditions of employment applicable to any other employee. In this regard, the Committee recalls its 2018 direct request on the application by Guyana of the Forced Labour Convention, 1930 (No. 29), in which it observed that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 2018, noted that, as a country of origin, destination and transit for migrant workers, and despite the increasing number of migrants entering Guyana, the country lacks a migration policy and strategy. Moreover, the CMW expressed concern at reports of exploitation of migrant workers, including domestic servitude, forced child labour and commercial sexual exploitation, and at the lack of information on measures taken to combat such abuses (CMW/C/GUY/CO/1, paragraphs 12 and 32). The Committee requests the Government to provide detailed updated information on any measures adopted in cooperation with other ILO member States to ensure the effective application of the Convention to migrant domestic workers, as well as on the impact of such measures.

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of travel and identity documents. The Committee notes that the Government does not provide information on measures taken to give effect to this Article. It further notes that, with regard to migrant domestic workers, the Government indicates that foreign domestic workers are not a category of workers known in Guyana and therefore, the provisions of this Article are not applicable. The Committee requests the Government to provide detailed updated information on the measures taken or envisaged to ensure that all domestic workers are free to reach an agreement with their employer on whether or not to reside in the household where they work. The Committee also requests the Government to indicate the measures adopted or envisaged to guarantee that those workers who reside in the household in which they work, including indigenous and migrant domestic workers, are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, and are entitled to keep in their possession their travel and identity documents, as required under Article 9.

Article 15. Private employment agencies. The Committee notes the Government’s indication in its report that measures are available to ensure that the provisions of this Article are satisfied through labour inspection and the investigation of complaints. It also notes the information provided by the Government in its report under the Unemployment Convention, 1919 (No. 2), indicating that there are no known and registered private employment agencies operating in Guyana. In view of the growing role of private agencies in the international migration process, the Committee requests the Government to provide up-to-date information on the number of private employment agencies operating in the country and measures adopted or envisaged to regulate the activities of private agencies, with a view to protecting domestic workers, including migrant domestic workers against abuse or exploitation.

Articles 16 and 17. Access to justice. Complaints mechanisms. The Government reports that all workers, regardless of their national origin, have open and independent access to the courts. It further indicates that all classes or types of complaints are investigated by the Labour Department. In this context, the Committee refers to the 2018 concluding observations of the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW) in relation to Guyana, in which the CMW expressed concern regarding the limited access to justice for migrant workers, due to language barriers and to their lack of awareness of the administrative and judicial remedies available to them with respect to filing complaints and obtaining effective redress (CMW/C/GUY/CO/1, 22 May 2018, paragraph 28). The Committee requests the Government to provide concrete information regarding the measures taken or envisaged to ensure access to justice for domestic workers, including migrant and indigenous domestic workers, as well as to strengthen labour inspection services to monitor working conditions in the domestic sector and to receive, investigate and address complaints of alleged violations. The Committee further requests the Government to provide detailed information on the manner in which inspections are conducted on private premises where domestic workers undertake their work.

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

Article 1 of the Convention. Definitions. The Government indicates that national legislation contains no specific definition of domestic work and domestic workers. The Committee nevertheless notes that the Household Service Workers (Hours of Work Act) Cap. 99:07 defines a Household Service Worker as “any person employed as a domestic in any private residence, which includes children’s nurses”. The Committee recalls that, because of the specific characteristics of domestic work, particular attention should be given to establishing a definition of domestic workers and domestic work in relevant national legal instruments. The Committee therefore requests the Government to indicate the measures taken or envisaged to incorporate a definition of “domestic work” and “domestic worker” in national legislation or collective agreements that is compatible with the Convention.

Article 2. Exclusions. The Committee notes the Government’s indication that no category of workers is excluded from the scope of application of the Convention.

Articles 3(2)(a) and 3. Freedom of association and collective bargaining. The Government indicates that article 147 of the Guyanese Constitution, which provides for all citizens to be freely associated with or become members of trade unions of their own choice, also applies to domestic workers. The Government adds that domestic workers have never organized, but that some domestic workers have recently formed a cooperative. The Committee notes in this respect that the ILO held a workshop together with the domestic workers’ group, Red Thread, a women’s non-governmental organization, on 23–25 May 2017, designed to assist domestic workers in successfully forming a workers’ cooperative. With respect to freedom of association and collective bargaining rights, the Committee recalls that the specific characteristics of domestic work, often involving triangular employment relationships, a high degree of dependence on the employer and the frequent isolation of domestic workers in their workplaces, are all factors that make it difficult for domestic workers to form and join unions. Taking into account the particular characteristics of domestic work, the Committee requests the Government to indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice, and to provide information on measures taken or envisaged to ensure the promotion and protection of the right of domestic workers and their employers to establish and join organizations, federations and confederations of their own choosing, as well as to inform them of their rights and obligations in this respect.

Article 3(2)(b). Forced labour. The Committee notes that the Government does not provide information on specific measures taken or envisaged to ensure that domestic workers are effectively protected against forced or compulsory labour. In this regard, the Committee refers to its 2013 direct request in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it noted that, according to information available from the website of the UN High Commissioner for Refugees, Amerindian girls in Guyana are particularly vulnerable and are often trafficked to work in prostitution or domestic service. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged to guarantee in law and practice the protection of domestic workers – particularly minors – from all forms of forced or compulsory labour, particularly in the case of Amerindian domestic workers. The Committee further requests the Government to provide information on the enforcement in practice in relation to domestic workers of the legislation that is in force to combat the smuggling and trafficking of persons, particularly with regard to immigrant workers.

Article 3(2)(c) and Article 4. Child labour. The Government indicates that the minimum age for admission to employment established by national legislation is 15. It adds that measures taken to ensure that domestic workers below the age of 18 are not deprived of compulsory education and other training include labour inspections and campaigns jointly conducted with the Ministry of Education. In this respect, the Committee refers to its 2013 comments under Convention No. 182, in which it noted that, according to the Government’s report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), there are many Guyanese children in domestic service. In this context, the Committee recalls that the Worst Forms of Child Labour Convention, 1999 (No. 182), applies to all persons under the age of 18. Noting that the characteristics of domestic work, particularly isolation in the employer’s household and a high level of dependence on the employer, place children and adolescents in domestic service at risk of exploitation and abuse, the Committee draws the attention of the Government to the guidance provided in Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which is of practical relevance to the domestic work sector. In particular, Article 6 of Convention No. 182 calls for programmes of action to be implemented with the aim of eliminating the worst forms of child labour. Recommendation No. 190 provides that such programmes of action should give special attention to the girl child, as well as to the problem of hidden work situations, in which girls are at special risk (Recommendation No. 190, Paragraphs 2(c)(ii) and (iii) and 3(d) and (e)). The Committee requests the Government to provide information on the measures adopted or envisaged with a view to ensuring in practice the eradication of child labour in the domestic sector. The Committee further requests the Government to provide information concerning the number of labour inspections undertaken, the outcome of these inspections and their impact, as well as information on the impact of the campaigns jointly carried out with the Ministry of Education to ensure that work performed by domestic workers under the age of 18 does not interfere with their opportunities for further education and training, or place them at risk.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Government indicates that, apart from regular labour inspections, employers are sensitized through workshops and seminars about their legal and moral roles and responsibilities to all categories of employees, including domestic workers. Recalling the specific characteristics of domestic work, especially the situation of female migrant domestic workers, who are highly vulnerable to abuse and exploitation, the Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that national and migrant domestic workers are effectively protected against all forms of abuse, harassment and violence. It further requests the Government to provide information on the impact of the sensitization workshops and seminars organized to raise employers’ awareness of their obligations with regard to their employees, particularly with regard to domestic workers.

Article 6. Fair terms of employment, decent working and living conditions. The Committee notes that the Government does not provide information on measures taken to ensure that domestic workers enjoy fair terms of employment as well as decent working and living conditions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that all domestic workers, nationals or migrants, enjoy fair terms of employment, decent working conditions and, if they reside in the household, decent living conditions that respect their privacy.

Article 7. Information on terms and conditions of employment. The Government indicates that there is no requirement that written contracts of employment be issued, but that the relevant laws which cover all necessary terms and conditions of employment in the domestic sector are highlighted during sensitization workshops and seminars. The Committee requests the Government to indicate the means through which appropriate, verifiable and easily understandable information on terms and conditions of employment, is provided during the workshops and seminar, whether through audio-visuals or printed materials or other accessible formats or languages particularly in the case of domestic workers belonging to indigenous and from underprivileged tribal communities. The Committee encourages the Government to consider the possibility of developing a model employment contract for domestic work, in consultation with the most representative employers’ and workers’ and the representative organizations of domestic workers and their employers, where such organizations exist.

Article 8. Migrant domestic workers. The Government indicates that the recruitment of foreign domestic workers to work in Guyana is not widely practised, but that where this occurs, migrant domestic workers are entitled to all fair terms and conditions of employment applicable to any other employee. In this regard, the Committee recalls its 2018 direct request on the application by Guyana of the Forced Labour Convention, 1930 (No. 29), in which it observed that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 2018, noted that, as a country of origin, destination and transit for migrant workers, and despite the increasing number of migrants entering Guyana, the country lacks a migration policy and strategy. Moreover, the CMW expressed concern at reports of exploitation of migrant workers, including domestic servitude, forced child labour and commercial sexual exploitation, and at the lack of information on measures taken to combat such abuses (CMW/C/GUY/CO/1, paragraphs 12 and 32). The Committee requests the Government to provide detailed updated information on any measures adopted in cooperation with other ILO member States to ensure the effective application of the Convention to migrant domestic workers, as well as on the impact of such measures.

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of travel and identity documents. The Committee notes that the Government does not provide information on measures taken to give effect to this Article. It further notes that, with regard to migrant domestic workers, the Government indicates that foreign domestic workers are not a category of workers known in Guyana and therefore, the provisions of this Article are not applicable. The Committee requests the Government to provide detailed updated information on the measures taken or envisaged to ensure that all domestic workers are free to reach an agreement with their employer on whether or not to reside in the household where they work. The Committee also requests the Government to indicate the measures adopted or envisaged to guarantee that those workers who reside in the household in which they work, including indigenous and migrant domestic workers, are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave, and are entitled to keep in their possession their travel and identity documents, as required under Article 9.

Article 15. Private employment agencies. The Committee notes the Government’s indication in its report that measures are available to ensure that the provisions of this Article are satisfied through labour inspection and the investigation of complaints. It also notes the information provided by the Government in its report under the Unemployment Convention, 1919 (No. 2), indicating that there are no known and registered private employment agencies operating in Guyana. In view of the growing role of private agencies in the international migration process, the Committee requests the Government to provide up-to-date information on the number of private employment agencies operating in the country and measures adopted or envisaged to regulate the activities of private agencies, with a view to protecting domestic workers, including migrant domestic workers against abuse or exploitation.

Articles 16 and 17. Access to justice. Complaints mechanisms. The Government reports that all workers, regardless of their national origin, have open and independent access to the courts. It further indicates that all classes or types of complaints are investigated by the Labour Department. In this context, the Committee refers to the 2018 concluding observations of the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW) in relation to Guyana, in which the CMW expressed concern regarding the limited access to justice for migrant workers, due to language barriers and to their lack of awareness of the administrative and judicial remedies available to them with respect to filing complaints and obtaining effective redress (CMW/C/GUY/CO/1, 22 May 2018, paragraph 28). The Committee requests the Government to provide concrete information regarding the measures taken or envisaged to ensure access to justice for domestic workers, including migrant and indigenous domestic workers, as well as to strengthen labour inspection services to monitor working conditions in the domestic sector and to receive, investigate and address complaints of alleged violations. The Committee further requests the Government to provide detailed information on the manner in which inspections are conducted on private premises where domestic workers undertake their work.