Transcript Migrant Workers: Protection of Labour Rights and Labour

MIGRATION
MIGRATION CHALLENGES IN THE
CONTEXT OF THE CARIBBEAN
COMMUNITY (CARICOM) SINGLE
MARKET AND ECONOMY –
With emphasis on the experiences of
the Republic of Trinidad and Tobago
Presented by Mr. Carl Francis
Permanent Secretary
Ministry of Labour and Small and Micro Enterprise Development
Trinidad and Tobago
CARICOM SINGLE MARKET AND
ECONOMY (CSME)
The Caribbean chain of islands stretches from
the Yucatan and Florida Peninsulas in a southeasterly direction towards the north-eastern
coast of the Latin American mainland. In 1973 a
subset of this group of countries formed an
economic union called the Caribbean Community
(CARICOM). The Grouping now has as its
members Antigua and Barbuda, the Bahamas,
Barbados, Belize, Dominica, Grenada, Guyana,
Haiti, Jamaica, Montserrat, St. Kitts and Nevis,
St. Lucia, St. Vincent and the Grenadines,
Trinidad and Tobago and Suriname.
CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
In 1989, the 1973 CARICOM treaty was deepened with
the commencement of the formation of the CARICOM
Single Market and Economy (CSME). The CSME is being
implemented through 9 Protocols, one of which is
Protocol II which treats with the Right of Establishment,
Provision of Services and Movement of Capital. This
deepening involved the removal of restrictions on the
provision of services as well as the expansion of
commitments and obligations of Member States as they
relate to free movement of capital and skilled labour.
CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
In January 1996, CARICOM Heads of
Government agreed that the free
movement of persons would be limited to
university graduates, artistes, sports
persons, musicians and media workers
who are nationals of the grouping.
CARICOM SINGLE MARKET
ECONOMY (CSME) Cont’d…
AND
The leaders of six CARICOM Member States took
an historic step when they formally signed a
declaration giving birth to the CARICOM Single
Market (CSM) which allows for easier movement
of goods, services and skilled workers.
 Modeled after the European Union, the CSM
operated initially with Barbados, Belize, Guyana,
Jamaica, Suriname and Trinidad and Tobago as
its signatories.

CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
In July 2006, six member states -Antigua
& Barbuda, Dominica, Grenada,
St.Kitts/Nevis, Saint Lucia, St. Vincent and
the Grenadines- joined the Single Market.
 The full CSME is expected to come into
being in 2008

CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
Under the current arrangements, free movement
is available to the following wage earners University Graduates, Sports Persons, Media
Persons, Artistes, Nurses and Teachers. Self
employed persons having movement are service
providers and persons establishing a business.
 Consideration is now being given to the inclusion
of Hospitality Workers, Domestic Workers and
Artisans in the category of wage earners

CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
The free movement of all CARICOM
Workers is envisaged by 2009
 The CSME is committed to the principles
of the ILO Decent Work Agenda since it
recognizes that particular attention must
be paid to the protection of wage earners
moving to other member states in order to
seek employment

CARICOM SINGLE MARKET AND
ECONOMY (CSME) Cont’d…
 Trinidad and Tobago currently accounts for
about 80% of trade within the region. To date
approximately 2000 CARICOM Nationals have
applied to the Ministry of Foreign Affairs of
Trinidad and Tobago for certification to allow
them to move freely for work and business in
the country.
Snap shot of Trinidad and Tobago

There has been a migration pull towards
Trinidad and Tobago as it is the most diversified
and industrialised economy in the English
speaking Caribbean and has earned a reputation
as an excellent investment site for international
business. There are proven reserves of
petroleum and natural gas, and heavy industries
such as
iron and steel, methanol and
nitrogenous fertilizers.
Snap shot of Trinidad and Tobago
Cont’d…

The economy is based on, inter alia, petroleum,
natural gas, and manufacturing and has been
growing at over 8% p.a., with services
accounting for over 51% of GDP. At the end of
the 4th quarter of 2006, the unemployment rate
stood at 5%.
Snap shot of Trinidad and Tobago
Cont’d…

The problem that now faces the Trinidad
and Tobago economy is how can a
population of 1.3 million, the size of a
small suburb in a large metropolitan city,
provide for the full range of skills and
services that are required to meet current
demands of a country seeking to become
a developed country by the year 2020?
Migrant Caribbean Labour –
some statistics
As indicated earlier, elements of Caribbean
labour have been historically mobile
 Approximately 10-40% of the labour force from
the Caribbean has migrated to the OECD
economies since 1960’s
 Caribbean persons account for 19% of the
migrant stocks in Canada and 12% in the USA
 Tertiary emigration rates stand at 86% for
Guyana, 83% for Jamaica and 78% for Trinidad
and Tobago

Source: ILO, Caribbean labour migration: Minimizing losses and optimizing
benefits, Dr. Andrew Pienkos
Migrant Caribbean Labour –
some statistics cont’d…
Statistics show that CARICOM nationals account
for just over one-half of all flows within the
region (52%).
 Between 1990 – 2000 the stock of migrant
workers within the region has increased by 18%
 Migrants accounted for 39% of the population in
the Cayman Islands, 36% in Anguilla and 36%
in the British Virgin Islands
 Caribbean small island economies are a source
of often highly trained professionals in various
fields and they continue to be lured to the
metropoles

Migrant Labour in T&T – a
twofold challenge.
TRADITIONAL OUTFLOWS
 We continue to face traditional outflows
of professionals in certain fields,
namely, the medical (doctors and
nurses) and teaching services.
 Seasonal movement to CSAWP with
Canada since 1967 – approximately
1500 farm workers annually.
The T&T Experience– a twofold
challenge.
DERIVED DEMAND
 Development/expansion of the Public
Sector eg. 10,000 houses per annum;
proposed construction of aluminuim
smelter plants; second steel plant etc.
(International construction companies eg.
Bechtel require large numbers of
specialised workers)

Trade liberalization – private sector fuelled
economy
Migrant Labour in T&T – a
twofold challenge.
Trinidad and Tobago is presently a net
importer of migrant labour eg. Doctors,
nurses, construction workers, natural gas
industry specialists, aluminium and
construction industry specialists.
Sources of T&T Migrant Labour.
Republic of Cuba – doctors, nurses
 UN Volunteers – UNDP – medical
personnel
 Republic of the Phillipines – doctors,
nurses, pharmacists, engineers,
quantity surveyors, architects, Auto Cad
technicians etc.
 Skilled workers from CSME – eg.
Masons, carpenters etc.

Sources of Migrant Labour (Cont’d).
Skilled workers from the Republic of China
– construction, welders; steel benders;
specialty chefs
 Pre-fabricators from Columbia –Pre-fab
houses etc.
 University graduates in many fields from
several regional sources

Migration – The experiences of
Trinidad and Tobago
During the period 2001-2005 work permits
issued increased significantly by 3,750 or
548.2%, from 684 in 2001 to 4,434 in 2005
An increase of 1,528 or 52.6% over the
previous year 2004.
 The largest number of permits issued, 1,457
or 32.9% of the total permits issued, was in
the Petroleum and Gas Industrial Group.

Major Challenges
Opposition from the professional bodies,
Medical Board, Nursing Council and
Pharmacy Board
 Language/Cultural Barriers
 Demands from local Trade Unions for
compensation for locals in line with that
paid to foreigners
 Impact on the social system?

Migrant Workers – Solutions



Need for closer linkages between the University
of the West Indies and line Ministries to
determine manpower gaps and strategies to
meet/close them.
Labour migration policies need to be supported by
measures to prevent abusive practices and promote
decent and productive work for women and men
migrants
More effective collaboration needed with receiving
states. Issues such as social security contributions,
basic human rights, contribution to the training of
this readily available labour pool must be examined.
Migrant Workers – Solutions

Creation of a labour migration database which
will be linked to the National Human Resource
Management System (NHRMIS). The NHRMIS is
a user-friendly data entry, storage and retrieval
system for data on the labour market and
education and training institutions. Its
immediate objective is the provision of labour
market information (LMI) on a timely,
continuous and accessible basis to policy
makers, employers, investors, researchers, trade
unionists and other interested parties.
Migrant Workers – Solutions

Even before the implementation of the
CSM in 2006, migrant workers in Trinidad
and Tobago were afforded all social
protection afforded to nationals. With the
advent of the CSM, the CARICOM
Agreement will seek to harmonize all the
social security legislation of member states
in line with ILO Recommendation No. 167.
Migrant Workers – Solutions
Cont’d…




Legislation among CARICOM countries to
facilitate free movement of labour (Sunset
legislation World Cup Cricket)
Caribbean Court of Justice to arbitrate
OSH to be the guiding principle
Minimum
Wages
Acts
(non-unionised
workers) across the grouping
Migrant Workers – Solutions
Cont’d…
 T&T
Government
offers
free
tertiary/university education to all
citizens (including free universal preschool,
primary
and
secondary
education)
 Adherence/Enforceability
of
ILO
standards – eg. Strengthening of the
labour inspection compliance function of
the Ministry of Labour
New Initiatives
27th Conference of Caribbean
Heads of Government – July 2006
– Supported the recommendation for the
establishment of a Technical Working group to
undertake a policy study on the subject under
review.
– Agreed that special attention be paid to
The development of migration policy
Retention of skilled labour
Information system/database
Information to enhance national capacity; building social
support systems to respond to the requirements of
voluntary and involuntary return migrants
 Diaspora Communities




XV CARICOM COHSOD Meeting
– October 2006
Agreed that with the movement of labour in the
CSME, special attention must be paid to
implications of intra-regional immigration and
the policies required to deal with the issue;
 Urged Member States to cooperate with the
Secretariat in responding to the mandates of the
Heads of Government for the follow up studies

Tripartite Declaration and Plan of Action for
Realizing the Decent Work Agenda in the
Caribbean


Adopted at the Tripartite Caribbean Employment
Forum in Barbados, October 2006
Promotes, in conformity with national employment
and labour market strategies, proactive labour
migration policies and programmes that optimize
gains and minimize losses from migration, help
manage intra-regional migration, enhance the
regulatory mechanisms and protect migrant workers
{being guided by the ILO Non-binding Multilateral
Framework on Labour Migration (2005)}
THANK
YOU!
MUCHAS
GRACIAS!