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Temporary Migrants: a Human Rights Perspective

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the 1990 UN Convention on the Protection of the Rights of All ... If employed for a minimum of 13 weeks as harvesters. Contributions. Employment Insurance ... – PowerPoint PPT presentation

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Title: Temporary Migrants: a Human Rights Perspective


1
Temporary Migrants a Human Rights Perspective
  • Seasonal Agricultural Workers Program

2
International Human Rights Principles
  • the 1990 UN Convention on the Protection of the
    Rights of All Migrant Workers and Members of
    their Families
  • the 1949 Convention 97 on Migration for
    Employment, and the 1975 Convention 143 on
    Migrants in Abusive Conditions and the Promotion
    of Equality of Opportunity and Treatment of
    Migrant Workers

3
Legal Provisions
  • Agreement for the Employment in Canada of
    Agricultural Seasonal Workers
  • Provincial Employment Standards Acts
  • Health Care
  • Health and Safety Acts (where applicable)
  • Right to join unions (where applicable)
  • Workers Compensation

4
Bi-lateral Agreement
  • Workers are to receive weekly wages calculated as
    the greatest of
  • the minimum wage for workers provided by
    provincial legislation
  • the rate determined annually by Human Resources
    Development Centre to be the prevailing wage rate
    for the type of agricultural work being carried
    out and
  • the rate being paid by the employer to his
    Canadian workers performing the same type of
    agricultural work.

5
Ontario Employment Standards Act
  • Vacation pay (4)
  • Holiday pay
  • If employed for a minimum of 13 weeks as
    harvesters

6
Contributions
  • Employment Insurance
  • Canadian Pension Plan

7
Rights in Practice
  • 3 major problems
  • Fear
  • Lack of Knowledge about rights
  • Inability to claim rights

8
Fear
  • Unequal Power Relations
  • Participation contingent on the recommendation
    letter
  • Threat of deportation

9
Lack of Knowledge
  • Lack of easy-to-understand documentation
  • No information centres
  • Difficulties in contacting the Consulates

10
Inability to claim rights
  • Language barriers
  • Lack of understanding of the procedures
  • Little support

11
Problems
  • Poor housing
  • Work-related abuse
  • Failure to claim workers compensation
  • Health problems unattended
  • Long hours of work (inability to refuse)
  • Exposure to pesticides

12
Solutions?
  • Information Seminars
  • Support centres
  • Representation by labour or human rights
    organizations
  • Appeal board
  • no recommendation letters
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