Jamaica's Efforts to Protect Migrant Workers Discussed at UN Committee Review

Prasad Kariyawasam, another expert and co-rapporteur, further emphasized the need for clarity on Jamaica’s bilateral agreements with Canada, the United States, and the United Kingdom.

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families concluded its in-depth review of Jamaica's combined initial and second periodic report today. Committee experts praised the nation’s various efforts to enhance training for government officials, while raising critical questions about the bilateral agreements Jamaica has in place with key countries like Canada, the United States, and the United Kingdom. The Committee also inquired about the treatment and legal protections afforded to undocumented migrants.

Ermal Frasheri, the Committee’s expert and country co-rapporteur, commended Jamaica for its initiatives to train officials involved in the management of migrant worker issues, but requested more detailed information on how these training sessions adhered to the international standards set by the Convention on Migrant Workers. He urged for a deeper understanding of the specific contents of these programs, ensuring they fully aligned with international obligations.

Prasad Kariyawasam, another expert and co-rapporteur, further emphasized the need for clarity on Jamaica’s bilateral agreements with Canada, the United States, and the United Kingdom. He asked for specifics about these agreements, particularly regarding the conditions under which Jamaican migrant workers operate in these countries. Key questions included: How do these agreements impact the lives and working conditions of Jamaican migrants? What diplomatic and consular representation does Jamaica have in these countries to safeguard its citizens' rights? Additionally, Kariyawasam questioned the main challenges faced by migrant workers in these foreign countries and how Jamaica was responding to those challenges.

Jasminka Dzumhur, also a country co-rapporteur, raised concerns regarding migrants arriving in Jamaica from Cuba, especially those attempting to enter the country by boat without the proper documentation. She sought information on how the Jamaican authorities treated undocumented migrants, how they were processed, and what protections were available to them, especially when it came to legal aid and asylum procedures. Dzumhur’s inquiry was focused on understanding the protocol in place for handling such cases, including how migrants were returned to their countries of origin and what safeguards ensured their human rights were not violated during this process.

In response to these inquiries, the Jamaican delegation, led by Pearnel Charles Jr, Minister of Labour and Social Security, shared significant insights into the nation’s efforts to protect migrant workers. The delegation explained that Jamaica has long-standing bilateral arrangements with Canada and the United States, though they noted the agreement with the United States was more of an informal understanding, rather than a formal written contract. Jamaica has maintained a seasonal agricultural worker program with Canada, which was first established in 1966 and renewed in 1995. Under this arrangement, workers sign contracts that guarantee them basic rights such as accommodation, meals, and wage payments. Furthermore, the Jamaican government has appointed liaison officers in Canada, stationed in regions with significant Jamaican migrant populations, to support and protect their interests.

Jamaica emphasized that irregular migrants within the country are not criminalized under Jamaican law. Instead, their situation is considered a breach of the country’s detention laws, but they are afforded protection under the Jamaican Constitution. If irregular migrants request asylum, they cannot be deported until their application is fully processed, regardless of their nationality or entry status. The delegation stressed that irregular migrants are housed separately from those convicted of crimes, ensuring their rights are not violated while in detention.

Minister Charles, in a video statement, reaffirmed that migration has always been a vital aspect of Jamaica’s national experience. He emphasized that the country remains committed to creating policies that promote safe, orderly, and regular migration, in accordance with international standards. He also highlighted several key policy initiatives Jamaica has introduced to protect migrant workers, particularly in the areas of labour mobility, social protection, and anti-exploitation measures.

Despite these strides, challenges remain. Expanding access to social protection for all migrant workers, irrespective of their status, and improving data collection mechanisms to better respond to migration trends were acknowledged as critical issues. The Jamaican government is working to address these gaps, ensuring that all migrant workers, whether documented or undocumented, are entitled to fundamental rights and protection.

The Committee’s concluding remarks were positive, with Prasad Kariyawasam thanking Jamaica for its active and professional participation in the dialogue. He noted that while migrant rights were facing significant challenges globally, Jamaica’s contributions to the conversation were invaluable. He emphasized the importance of Jamaica’s role in setting regional and international standards for the treatment and protection of migrant workers.

Tyesha Turner, Chargé d'Affaires of the Permanent Mission of Jamaica to the United Nations Office at Geneva and head of the Jamaican delegation, concluded the session by thanking the Committee for its constructive engagement. She apologized for the delay in submitting the report and reiterated Jamaica’s commitment to fulfilling its obligations under the Convention. She reaffirmed that the Jamaican government would continue working to ensure that migrant workers and their families receive full protection of their rights.

The Jamaican delegation included representatives from the Ministry of Labour and Social Security, the Ministry of National Security, and the Permanent Mission of Jamaica to the United Nations Office in Geneva. The webcast of the Committee’s meetings is available online, with further details and documents related to the session provided on the official website.

Looking ahead, the Committee will reconvene on Tuesday, 15 April, for the launch of its general comment no. 6 on the convergent protection of the rights of migrant workers through the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Global Compact for Safe, Orderly, and Regular Migration.