Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Guernsey

Statistics. The Committee takes note of the statistics published on the Government’s website, which show that, as of October 2024, the net migration (i.e. the difference between the number of persons who enter a territory (immigrants) and the number who leave (emigrants), generally calculated over a year) remained positive with a net influx of 908 persons. It further notes the Government’s statement in its report that the migration data are not disaggregated by sex. The Committee wishes to recall that reliable, disaggregated migration data are indispensable for assessing the nature of labour migration, identifying possible inequalities of treatment faced by migrant workers and, consequently, setting informed policy priorities. (2016 General Survey, Promoting fair migration, para. 649) The Committee therefore requests the Government to collect, and analyse relevant data on labour migration flows, disaggregated at least by sex and if feasible, additional factors such as country of origin, age, migration status, sector of employment and occupation, covering both emigration and immigration, so as to enable the effective determination of priorities, the adoption of appropriate measures and the accurate assessment of trends over time.

Article 3 of the Convention. Misleading propaganda. The Committee notes that, with effect from 1 October 2023, the Employment Relations Service has been superseded by the Office of the Director of the Employment and Equal Opportunities Service, which is now responsible for dealing with complaints under the various employment and non-discrimination enactments. It further notes the Government’s indication that, for at least the past decade, no complaints have been lodged by migrant workers against the State alleging that they were victims of misleading propaganda. The Committee recalls, however, that the absence of complaints is not, of itself, proof of compliance; rather, it may point to shortcomings such as an inadequate legal framework, insufficient awareness of rights, lack of confidence in, or practical access to, complaint mechanisms, or fear of reprisals (2012 General Survey on Fundamental Conventions, para. 870). Thus, the Committee requests the Government to provide information on: (i) any awareness-raising initiatives concerning the legal remedies available against misleading propaganda; and (ii) the complaints lodged with judicial or administrative bodies by migrant workers who have fallen victim to such propaganda, including the remedies afforded and the sanctions imposed.

Article 6. Equality of treatment. The Committee welcomes the entry into force of the Prevention of Discrimination (Guernsey) Ordinance, 2022 on 1 October 2023, which prohibits discrimination on the grounds of race, religion or belief, sexual orientation, disability and carer status. It also notes that this instrument complements the existing framework composed of the Sex Discrimination (Employment) (Guernsey) Ordinance, 2005, the Employment Protection (Guernsey) Law, 1998 and the Minimum Wage (Guernsey) Law, 2009. The Committee further notes that responsibility for providing advice, guidance and receiving initial complaints has been transferred to the Employment and Equal Opportunities Service (EEOS), and that since January 2024, the EEOS has registered 11 discrimination complaints – seven alleging race discrimination, three sex discrimination and one disability discrimination – and has also received complaints concerning employers’ failure to issue written contracts, some of which were lodged by migrant workers. However, the Committee notes the Government’s indication that the EEOS does not yet record complaints in a way that identifies the complainant’s migration status, thus it remains challenging to ascertain how many migrant workers have brought minimum-wage or other labour-rights complaints. Consequently, the Committee requests the Government to: (i) ensure, as a priority, that the EEOS records and reports every enquiry and complaint disaggregated, at a minimum, by migration status, sex, ground of discrimination, sector/occupation and outcome; and (ii) include in its next report up-to-date information on the progress and final outcome of the 11 discrimination complaints filed since January 2024, specifying whether the complainant is a migrant worker.