Temporary Migrants: a Human Rights Perspective Seasonal Agricultural Workers Program

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

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

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.

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

Contributions Employment Insurance Canadian Pension Plan

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

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

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

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

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

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