E/CN.4/2001/83/Add.1
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68.
Another of the matters raised with the Special Rapporteur by a number of domestic
workers was the actual possibility of reporting employers. They all recognized that they had the
right to report abuses. However, in many cases they said that they could not do so in practice,
since, if they lodged a complaint against their employer, they were afraid they would lose the
possibility of finding work because their complaint would be mentioned on their immigrant file.
In particular, they said that they needed references to find new employment and that, if they
lodged a complaint, the bad references given by their former employer would prevent them
finding a new job rapidly, which in many cases would prevent them from accumulating the
working time necessary to claim permanent residence.
C. Temporary workers
69.
The Special Rapporteur also interviewed representatives of temporary workers and
specifically temporary agricultural workers. According to what she was told, concerns are still
felt regarding the enjoyment of these people’s rights. The Mexican workers who met with the
Special Rapporteur complained that, while working hours were specified in agreements with
Mexico, they were not set in the agreements with other Caribbean countries, a fact which gave
rise to countless abuses. They also complained that, although the agreement with Mexico
specified working hours, there was a clause that gave employers the possibility, “in urgent
cases”, to require longer working hours. According to the workers interviewed, the agreements
do not mention payment for such overtime.
70.
One of the temporary agricultural workers interviewed by the Special Rapporteur handed
her an account of his personal situation and enclosed photographs illustrating the poor conditions
and overcrowding of dormitories. This person was a temporary worker from Mexico,
complaining that sometimes workers were loaned to carry out work for other employers who
were not those they were contracted with. According to him, this type of practice left them in a
situation of greater vulnerability and exposed to worse abuse. He informed the Special
Rapporteur that the practice was forbidden under section VIII of the agreement. The temporary
worker who had denounced this type of practice was being pressured by the employer and
thought he ran the risk of not being included the following year in the temporary work
programme. According to information given to the Special Rapporteur, in the year 2000 Canada
would have received around 8,000 Mexican agricultural workers.
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
71.
Canada has had to deal with one of the issues which is currently among the foremost
concerns of Governments and civil society, namely, trafficking in persons and illegal border
crossings assisted by trafficking agents. Nowadays people want to go to Canada not only for the
economic opportunity it offers, but also because it is a stable and democratic country governed
according to the rule of law. In this respect, as occurred in British Columbia, migration, both
legal and illegal, often tends to occur spontaneously. Since Canada has a regulated immigration
system, the greatest problem for the country in this regard is how to respond to people who
arrive in Canada spontaneously, whether by normal channels or after travelling in terrible
conditions.