Advocating for labour mobility and permanent residency for Canada's Seasonal Agricultural Workers from an international human rights law perspective
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Date
2024-03-19
Authors
Barzegarikhanghah, Lily (Faezeh)
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Abstract
This paper delves into the implications of Canada's Seasonal Agricultural Worker Program (SAWP) through the lens of international human rights law (IHRL), spotlighting the nuanced effects on migrant agricultural workers' rights. Originating in 1966, the SAWP has been pivotal in recruiting labour from Mexico and the Caribbean to bolster Canada's agricultural sector. The paper critiques the program's core policies, notably the restrictive employment system that ties workers to specific employers and the significant barriers to obtaining permanent residency (PR) and citizenship. These policies are scrutinized for their potential violation of fundamental human rights, including the rights to equality, liberty and security, and access to justice, under both Canadian and international legal frameworks.
A comprehensive analysis is presented, underpinning Canada's obligations under IHRL and the apparent discrepancies within its treatment of SAWP participants. The study proposes substantial policy reforms aimed at rectifying these discrepancies, advocating for a transition towards open work permits, and establishing clear pathways to PR and citizenship for SAWP workers. The research underscores the necessity for Canada to reconcile its labour demands within the agricultural sector with its human rights obligations, ensuring a fair and humane treatment of migrant workers who play a crucial role in the country's economy.
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Keywords
Seasonal Agricultural Worker Program (SAWP), Labour Mobility, Permanent Residency, Human Rights Violations