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

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

Statistics. The Committee takes note of the statistics published on the Government’s website, which show that, since the third quarter of 2017, the net migration became positive (that is to say more persons immigrating to Guernsey than persons emigrating from it) with a net influx of 1,085 persons in the first three quarters of 2018 (latest data). The Committee requests the Government to provide updated information, including data disaggregated by sex, sectors and country of origin, on the migration flows from and to Guernsey.

Article 3 of the Convention. Misleading propaganda. In its previous comment, the Committee requested the Government to take specific measures to protect migrant workers against misleading propaganda, and to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of such propaganda. The Committee notes the information provided by the Government in its report on the measures taken to provide accurate information to migrant workers arriving in the territory. However, it does not provide any information on complaints received and decisions taken. The Committee requests the Government to provide information on any complaints received by judicial or administrative bodies from migrant workers who have been the victim of misleading propaganda, as well as on any remedies provided and sanctions imposed.

Article 4. Assistance and services upon arrival. In its previous comment, the Committee requested the Government to indicate whether any consideration was being given to adopting specific measures of assistance for or providing services to migrant workers facing particular problems during the reception process or arriving to undertake jobs which are particularly hazardous or in which they may be at risk of violations of rights. The Committee notes the information provided by the Government, according to which migrant workers arriving in the territory have the opportunity to make immediate contact with government officials. The requirement to register with the Population Management Office within three days of commencing work is also an opportunity to receive accurate information and to raise any concerns they may have. Government officials may also refer the migrant workers to relevant support services, the Government’s website and other Government committees. Since 1 January 2013, there is a Guernsey Border Agency requirement for most non-European Economic Area (EEA) nationals who are not from an English-speaking country to demonstrate their English language skills to level B1 of the Common European Framework of Reference for Languages (CEFR). This helps ensure that migrants have the minimum language skills to understand the information provided and to communicate any difficulty encountered to relevant officials and seek advice.

Article 6. Equality of treatment. In its previous comment, the Committee asked the Government to provide information on any complaints of discrimination based on sex against migrant workers dealt with by the Employment and Discrimination Tribunal; complaints dealt with by the courts pursuant to the Racial Hatred (Bailiwick of Guernsey) Law 2005; and complaints made by migrant workers regarding non-application of the Minimum Wage (Guernsey) Law, 2009. The Committee notes the Government’s statement that there has been no complaint of sex discrimination by migrant workers dealt with by the employment and discrimination tribunal and no complaints under the Racial Hatred (Bailiwick of Guernsey) Law 2005. It notes that four complaints regarding minimum wage were received and that each one was upheld. The Committee asks the Government to continue to provide information on the number and type of complaints filed by migrant workers regarding discrimination issues.

Article 8. Maintenance of residence in case of incapacity for work. In its previous comment, the Committee requested the Government to indicate the relevant legal provisions guaranteeing the right of qualified residents to remain in the country in the event of incapacity for work even if they claim public funds. The Committee notes the Government’s reference to sections 3 and 6 of the Population Management (Guernsey) Law, 2016 (repealing the Housing (Control of Occupation) Law, 1994) which set out the circumstances under which a person can become a permanent resident (the equivalent to “qualified resident” under the previous law). It also notes the Government’s statement that a person who acquired the status of permanent resident would not have to leave the territory if that person was unable to follow his or her occupation and claimed public benefits. The Committee notes that, according to the above-mentioned sections 3 and 6, a person who was not born in Guernsey or whose at least one parent (or the spouse or partner) was not born or a permanent resident in Guernsey, must complete a period of 14 consecutive years ordinary residence in a “Local Market dwelling” in order to obtain permanent resident status.