Highlights from End of Mission Statement
The UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Tomoya Obokata, issued a statement on September 6 at the end of his two-week visit to Canada. He notes that even though Canada "has ratified the majority of core international human rights instruments and fundamental conventions of the International Labour Organization aimed at preventing forced labour, child labour, and labour exploitation and securing workers' rights, and participates in global fora addressing contemporary forms of slavery, ... there are several important treaties yet to be ratified." These include the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as international labour standards related to the protection of migrant workers.
He recommends their "expeditious ratification and implementation ... in order to address violations of workers' fundamental rights."
Migrant Workers
The Special Rapporteur writes that he "is disturbed by the fact that certain categories of migrant workers are made vulnerable ... by the policies that regulate their immigration status, employment, and housing in Canada." He expresses particular concern over the fact "that this workforce is disproportionately racialized, attesting to deep-rooted racism and xenophobia entrenched in Canada's immigration system." In particular, he writes that "the agricultural and low-wage streams of the Temporary Foreign Worker Program constitute a breeding ground for contemporary forms of slavery." He then declares that he "is perturbed by reports that the share of workers entering Canada through this program is sharply on the rise."
The Special Rapporteur remarks
that time and again the "Government of Canada has been made
aware of the potential for abuse and exploitation and the lack
of effective oversight of temporary foreign worker programs, ...
including through reports from the Auditor-General and relevant
Parliamentary Committees."
"Workers that enter Canada through these programs," he continues, "receive closed work permits, meaning that they cannot change employers and may face deportation upon termination of their employment." And although the Canadian government maintains that temporary foreign workers may quit their jobs and remain in Canada legally until the expiration of their visas, the UN expert notes this is not an option for most.
He details the hurdles they face: "They are prohibited from working until they can find a new employer to undertake a labour market impact assessment on their behalf, a process that in and of itself takes many months. They would also not be able to access most social services for persons without employment given their temporary status. This creates a dependency relationship between employers and employees, making the latter vulnerable to exploitation and abuse," and "many feel unable to report for fear of losing their migration status and/or employment."
"It is equally important," the Special Rapporteur states, "to recognize the existence of debt bondage among many migrants as they may pay large amounts of money to recruitment brokers in their countries of origin." He adds that "The rights of migrant workers are further curtailed by the governance gap between the Federal jurisdiction that governs their entry into Canada and the Provincial and Territorial jurisdictions that regulate working conditions in 90 per cent of jobs.
"The inability of workers to
signal abuses is compounded by the fact that many workers reside
in employer-provided accommodation, which is explicitly required
of employers under some [Temporary Foreign Worker Programs], and
may as such face homelessness if they lose their employment.
Even where workers are not required to reside in
employer-provided housing, they have limited affordable
alternatives, as many employers are based in remote locations
and there is an overall shortage of affordable housing in
Canada."
A similar precarity exists in the case of international students, "who work in excess of the permitted 20 hours per week, asylum-seekers awaiting their work permits, undocumented migrant workers, and those that have lost status ... as they may not report abuses for fear of deportation. Employers who are aware of their status may exploit them under threat of denouncing them to immigration authorities."
The Special Rapporteur also informs he has received first-hand information from many quarters, "notably migrant workers themselves, pointing to the appalling working and living conditions in reality. They include excessive working hours, being obliged to perform extra-contractual tasks, physically dangerous tasks, low wages, no overtime pay, being denied access to health care and/or transport to medical facilities, limited access to social services including services for newcomers, and language courses, as well as sexual harassment, intimidation, and violence.... Those in employer-provided housing reported overcrowded and unsanitary living conditions, lack of privacy, lack of gender-sensitive housing arrangements" etc.
Labour and health and safety inspections "do not occur regularly, and when they do, may be conducted remotely via telephone and submission of photos, or, when in-person, with advance notice given to employers in most cases so that they can make necessary preparations."
Most migrant workers, he says, are also unaware of complaint mechanisms and are "afraid to report instances of labour law violations due to the fear of unemployment and deportation, along with other obstacles such as language barriers and limited access to the Internet."
Even though migrant workers in
situations of exploitation and abuse can apply for an Open Work
Permit for Vulnerable Workers, the Special Rapporteur emphasizes
that "this is not an effective solution." He points out that
"the worker must remain with the abusive employer or survive in
Canada without the ability to work legally or access most social
services until the open work permit application is granted." As
well, there is "the high evidentiary standard required in
practice to receive a positive decision in spite of a legal
threshold of 'reasonable grounds,' and language barriers and
lack of ability to navigate the legal process to obtain a permit
without external assistance. Even once the permit is received,
it is of limited duration and not renewable, and stigmatizing
for many in .practice as future employers may view holders of
the permit as 'troublemakers.'"
As for Canada's National Strategy to Combat Human Trafficking (2019-2024), it "does not commit to review or revise Government policies which directly facilitate forced labour, including the agricultural and low-wage streams of the Temporary Foreign Worker Program."
The Special Rapporteur also expresses concern that "the rate of prosecution and punishment of contemporary forms of slavery is quite low in Canada" and surmises that "the number of victims and incidents as a whole is likely to be much higher when labour exploitation and other forms of contemporary slavery" are taken into consideration.
Migrant farmworkers in Canada from Guatemala
Conclusions
Amongst the many remedies
required to address the situation, the Special Rapporteur raises
the need for "measures to promote effective human rights due
diligence in the activities of Canadian companies, reforming
migration programs that serve as a breeding ground for
contemporary forms of slavery and ending racialized
discrimination in migration policies."
"The root causes of contemporary forms of slavery such as
poverty, inequality and discrimination, which have been
amplified by the legacy of colonialism and racism," he states,
"must be tackled more seriously.... Closer coordination and
unified approaches across all jurisdictions ... are also needed
in a number of areas affecting the well-being of victims or
those at risk of contemporary forms of slavery. In so doing, it
is essential that the affected individuals and communities are
fully included in all decision-making processes affecting their
lives."
Key Recommendations Regarding Migrants' Human Rights
"- Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990 and other important treaties;
"- Modify the Temporary Foreign Worker Program to enable workers to choose employers freely without any restriction and discrimination;
"- Apply Provincial/Territorial employment standard legislation fully to those under the Temporary Foreign Worker Program without any exemptions or exceptions, including trade union rights;
"- Strengthen labour and housing inspections. Allocate sufficient human and other resources for this purpose, and work collaboratively with civil society organizations and trade unions;
"- Guarantee access to health care for all migrant workers without any discrimination;
"- Make the application for open work permits for vulnerable workers easier and simpler;
"- Create pathways to long-term or permanent residency for all migrant workers without any discrimination;
"- Enhance coordination among Federal and Provincial/Territorial Governments and non-governmental organizations in providing support and assistance to victims;
"- Regularize the immigration status of undocumented migrant workers who have been victimized in contemporary forms of slavery;
"- Provide stronger oversight over employment recruiters and immigration consultants;
"- Tackle the root cases of abuse and exploitation among migrant workers, particularly racism and xenophobia;
"- Promote a unified approach to protecting the rights of migrant workers across Canada through more proactive coordination and communication among the Federal and Provincial/Territorial Governments;
"- Ensure that employers who engage in labour exploitation are held accountable with appropriate punishments;
"- Include migrant workers in all decision making affecting their well-being;
"- Regulate all [Temporary Foreign Worker Programs], including those outside SAWP [Seasonal Agricultural Worker Program], through bilateral agreements with sending countries and permitting consular oversight and protection of workers."
This article was published in
Volume 53
Number 10 - October 2023
Article Link:
https://cpcml.ca/Tmlm2023/Articles/M5301012.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca