Committee raises questions about Jamaica’s treatment of undocumented migrants

GENEVA, CMC – The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families has raised questions regarding Jamaica’s current bilateral agreements in place with Canada, the United States and the United Kingdom, and the treatment of undocumented migrants.

The Committee on Thursday concluded its consideration of the combined initial and second periodic report of Jamaica and while it commended the country on training programmes it raised questions on the current bilateral agreements.

The Committee Expert and Country Co-Rapporteur, Ermal Frasheri, said Jamaica should be congratulated on the State’s various training programmes for officials, asking questions about specific training pertaining to the Convention, while another Committee member, Persad Kariyawasam, asked about the labour agreements in place between Jamaica and the United States, Canada and the United Kingdom.

He wanted to know how the provisions affect Jamaican migrant workers in those countries, the kind of consular diplomatic representation Jamaica has in those countries and the main challenges faced and how Kingston addressed those challenges.

Another Committee member, Jasminka Dzumhur, wanted to know about migrants approaching Jamaica from Cuba by boat as well as how were they treated when they did not have documents.

“How did the State return them? What happened to those who were found undocumented in Jamaica? Where were they sent? Who provided legal aid to migrants? ”

But the Jamaican delegation, headed by Tyesha Turner, acting Charge d’Affaires of Jamaica’s Permanent Mission to the United Nations and other international organisations in Geneva, said Jamaica had bilateral working arrangements in place with Canada and the United States, although the agreement with the United States was not a written agreement and was more of an understanding.

She said many Jamaicans had travelled to the United Kingdom after World War II to work, but there was no current bilateral agreement in place with the United Kingdom.

According to the Jamaican delegation, a seasonal agricultural worker’s programme was in place with Canada, which had been created in 1966 and re-signed in 1995.

Each worker was required to sign an employment contract which entitled them to lodgements, meals and payment of wages. Jamaica had appointed liaison officers in Canada, across four offices, where the largest concentrations of workers were located.

The delegation said Jamaican law considered irregular migrants as being in breach of the detention law, and when they were detained, their rights were enshrined within the Jamaican Constitution.

“Irregular migrants were held at local police stations, usually close to their place of entry. If a person requested to apply for refugee status, they could not be removed from Jamaica until this application was considered, regardless of their nationality or means of entering the country.

“The State did not seek to criminalise those in irregular migration. There was no cross-contamination of migrants with convicted men and women, even if they were housed in correctional facilities. ”

Jamaica’s Minister of Labour and Social Security, Pearnel Charles Jr, speaking via a video recording, said migration was an integral part of Jamaica’s national experience, and the country continued to prioritise policies that promoted safe, orderly, and regular migration, in alignment with international standards.

“Jamaica was home to a growing number of migrant workers, primarily from the Caribbean, who contributed significantly to sectors such as agriculture, education, healthcare and tourism.”

He said the country’s labour laws provided core protections, including equal pay, non-discrimination and workplace safety, in accordance with international standards. Efforts were under way to streamline the work permit process to make it more efficient and accessible, ensuring that migrant workers were able to work legally and benefit from the protections to which they were entitled.

“Jamaica maintained a zero-tolerance approach to all forms of exploitation, including trafficking in persons. The National Task Force against Trafficking in Persons continued to spearhead national efforts in prevention, prosecution and victim support.”

He said Jamaica had strengthened monitoring systems to identify and prevent exploitative labour practices and had expanded training for immigration and law enforcement officials, to improve their capacity to identify, investigate and respond to trafficking cases, including those involving migrant workers.

“Despite this progress, challenges remained, including expanding access to social protection for all migrant workers, regardless of their status, and strengthening data collection to improve policy responses to migration trends.

“Jamaica remained fully committed to enhancing bilateral and regional cooperation to improve labour migration frameworks, continuing efforts to prevent exploitation and trafficking in persons, and ensuring timely and effective engagement with international mechanisms, including the Committee,” he said.

Turner said the delegation appreciated the patience of the Committee on the issue of the submission of the report. It had been hoped that the report would be submitted prior to the dialogue, however, Jamaica aimed to submit the report by the time the dialogue concluded.

She said Jamaica regretted the delay in submitting the report but hoped that the delegation’s appearance before the Committee was evidence of the State’s commitment to protecting and promoting the rights of migrant workers.

The Committee was told that Jamaica had introduced several key policy initiatives and programmes aimed at ensuring the fair treatment and protection of migrant workers, particularly in the areas of labour mobility, social protection, and anti-exploitation measures.

“Despite this progress, challenges remained, including expanding access to social protection for all migrant workers, regardless of their status, and strengthening data collection to improve policy responses to migration trends. ”

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