OTTAWA , ONTARIO, November 28, 2006 - Today, the Honourable Jean-Pierre
Blackburn, Minister of Labour and Minister of the Economic Development Agency of
Canada for the Regions of Quebec, opened a workshop on the labour rights of
migrant workers and labour market programs in the Americas . Minister Blackburn
welcomed representatives of labour ministries from the Organization of American
States (OAS), international organizations, business and labour organizations,
and Canadian provincial and territorial governments to the event.
" Canada is dedicated to the protection of the rights of migrant workers and
we recognize and value the contribution that these workers make to our economy,"
said Minister Blackburn. "Partnership is important and we have much to learn
from one another. Through this workshop we will be able to share information and
best practices with the goal of promoting activities that will enhance the
protection of these workers."
The event is designed to promote dialogue among Ministers of Labour and other
senior officials in the Americas and allows them to share information and
experiences related to the protection of the labour rights of migrant workers.
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BACKGROUNDER
Workshop on the Protection of Labour
Rights of Migrant Workersand Labour Market
Programs
The workshop serves as a follow-up to commitments made last year by Heads of
State at the IV Summit of the Americas and Labour Ministers at the XIV
Inter-American Conference of Ministers of Labour (IACML). Both these
meetings are held under the umbrella of the Organization of American States
(OAS).
At the labour conference, Labour Ministers reaffirmed that all migrants,
regardless of their immigration status, should be accorded the full protection
of human rights and the full observance of labour laws applicable to them,
including the principles and labour rights embodied in the International Labour
Organization's (ILO) Declaration on Fundamental Principles and Rights at
Work.
These fundamental principles include: freedom of association and the right to
collective bargaining, the abolition of forced labour and child labour, and the
elimination of discrimination in employment. Ministers also agreed upon an
action plan which includes a commitment to address the labour rights of migrant
workers as one of the priority themes within the framework of the promotion of
decent work. The workshop is one of the activities that supports this
plan.
Since the launch of the Summit of Heads of States of the OAS in the
mid-1990s, the IACML serves as a forum for ministers to follow-up on Summit
discussions and particularly to address issues related to the labour dimension
of globalization and hemispheric integration such as the protection and
promotion of fundamental workers rights.
The OAS was formed in 1948 and brings together the countries of the Western
Hemisphere to strengthen cooperation and advance common interests. At the core
of the OAS mission is a commitment to democracy through the promotion of good
governance, human rights, peace, security and expanded trade.
Through its programs and services, the Labour Program of HRSDC is dedicated
to supporting and promoting the rights and well-being of workers both at home
and abroad.
Canada's Foreign Worker Program
The Foreign Worker program (FWP) is jointly administered by Human Resources
and Social Development Canada (HRSDC) through its Service Canada (SC) delivery
arm, and Citizenship and Immigration Canada (CIC). The Program operates under
the authority of the Immigration and Refugee Protection Act and Regulations
(IRPA). In general, anyone other than a Canadian citizen or permanent resident
must have a work permit issued by CIC to work legally in Canada.
Hiring foreign nationals to work temporarily in Canada
HRSDC\SC's role in the process is to assess offers of employment made to
foreign nationals in order to develop opinions on the potential impact of these
offers on the Canadian labour market. Among the factors HRSDC\SC takes
into account are the availability of Canadian citizens and permanent residents,
and the efforts the employer has made to recruit Canadians and permanent
residents. Other considerations include whether the wages and working
conditions are in keeping with the norm for the occupation, whether the
employment of the foreign worker will result in the transfer of skills or
knowledge to Canadians, and whether the employment of the foreign worker will
result in the creation of employment for Canadians.
CIC generally seeks a labour market opinion from HRSDC\SC before issuing a
work permit to a foreign national. Prior to issuing a work permit, CIC
immigration officers also ensure that workers have proper documentation, meet
health and security criteria and possess the qualifications to perform the
job.
HRSDC/SC ensures terms and conditions comply with provincial labour standards
and are specified in employment contracts. Provinces and Territories are
responsible for enforcement of labour standards - except for federally regulated
occupations in which case the Labour Program in HRSDC is responsible.