Guatemala
Respecting values and customs: ILO and CIERTO launch protocol on the recruitment of indigenous peoples for work abroad
The document has been developed based on the experiences of indigenous peoples in Mexico and Guatemala, and serves private employment agencies recruiting for companies abroad.
24 July 2023
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español
Guatemala City (24th July 2023).- The Protocol on the Fair Recruitment of Migrant Workers pertaining to Indigenous Peoples (available only in Spanish), established by the International Labour Organisation (ILO) and the agency CIERTO, seeks to promote and protect the rights of indigenous migrant workers, while respecting their values, interests, and principles.
Given the limited prospects for labour migration in Central America, and due to the labour shortages in countries such as Canada, the United States, Mexico, and Spain, which have been exacerbated by the COVID-19 pandemic, temporary labour migration schemes are expanding.
An ILO study indicates that the United States, Canada and Mexico issued more than 23 000 temporary work permits to Guatemalan workers in 2021. For the United States, 5 893 H-2A (for temporary agricultural work) and H-2B (for temporary non-agricultural work) visas were issued, 13 510 for Canada (Temporary Foreign Worker Program and International Mobility Program), and 3 747 Border Worker Visitor Cards (TVTF) for Mexico.
The protocol presented today proposes adopting agreements on the conditions of recruitment in cooperation with indigenous peoples, implementing specific measures during training (considering prior knowledge and beliefs, for example) and recruitment (explaining contents of the contract, procedures for potential complaints and grievances), and evaluating the experience upon return to the country of origin.
“When recruited to work abroad, indigenous workers are especially vulnerable to labour rights violations, and private employment agencies can play a crucial role in preventing them. This protocol will provide guidance and help employment agencies to comply with the law and to apply the principles of fair recruitment, and to avoid the charging of any fees, or instances of violence, discrimination, racism, harassment and even forced labour”, stated Ana María Méndez, ILO National Labour Migration Officer for Guatemala, at the presentation of the protocol.
On the responsibility of agencies, Joe Martínez, Co-Founder and CEO of CIERTO, noted: "We have learned that migrant workers recruited under an fair recruitment model have a clearer understanding of what is expected of them and what they can expect in return, i.e. workers who are free from fear-based migration are significantly more productive and are more likely to align their own interest with that of the employer and know how to use their voice".
The protocol is based on the indigenous peoples’ principles (principles of community, participation, and non-discrimination), as set out in the Indigenous and Tribal Peoples Convention (ILO Convention 169) and the ILO General principles and operational guidelines for fair recruitment.
The document serves private employment agencies (including intermediaries, recruiters and sub-agents) from any country, responsible for the recruitment and contracting of people looking for employment opportunities abroad.
This Monday, 24th July, the protocol was presented to representatives of government institutions, civil society organisations, international organisations, recruitment agencies, journalists and the media.
Migrants recruited through CIERTO to work in a ranch in the United States participated the launch event. Roselia Marisol Canel Tejaxún said: "I am grateful for the opportunity I had to be able to travel safely and legally. From my experience of working abroad, I am grateful for the training I received so that I could perform better in my work outside the country. These experiences mark your life and make you wish for a better future".
Héctor Benjamín Xoc Xar said: "I am very happy because I was able to live the experience of working abroad. Opportunities like this allow you to achieve goals that you didn't know you could. I felt supported throughout the whole recruitment process”.
Given the limited prospects for labour migration in Central America, and due to the labour shortages in countries such as Canada, the United States, Mexico, and Spain, which have been exacerbated by the COVID-19 pandemic, temporary labour migration schemes are expanding.
An ILO study indicates that the United States, Canada and Mexico issued more than 23 000 temporary work permits to Guatemalan workers in 2021. For the United States, 5 893 H-2A (for temporary agricultural work) and H-2B (for temporary non-agricultural work) visas were issued, 13 510 for Canada (Temporary Foreign Worker Program and International Mobility Program), and 3 747 Border Worker Visitor Cards (TVTF) for Mexico.
The protocol presented today proposes adopting agreements on the conditions of recruitment in cooperation with indigenous peoples, implementing specific measures during training (considering prior knowledge and beliefs, for example) and recruitment (explaining contents of the contract, procedures for potential complaints and grievances), and evaluating the experience upon return to the country of origin.
“When recruited to work abroad, indigenous workers are especially vulnerable to labour rights violations, and private employment agencies can play a crucial role in preventing them. This protocol will provide guidance and help employment agencies to comply with the law and to apply the principles of fair recruitment, and to avoid the charging of any fees, or instances of violence, discrimination, racism, harassment and even forced labour”, stated Ana María Méndez, ILO National Labour Migration Officer for Guatemala, at the presentation of the protocol.
On the responsibility of agencies, Joe Martínez, Co-Founder and CEO of CIERTO, noted: "We have learned that migrant workers recruited under an fair recruitment model have a clearer understanding of what is expected of them and what they can expect in return, i.e. workers who are free from fear-based migration are significantly more productive and are more likely to align their own interest with that of the employer and know how to use their voice".
The protocol is based on the indigenous peoples’ principles (principles of community, participation, and non-discrimination), as set out in the Indigenous and Tribal Peoples Convention (ILO Convention 169) and the ILO General principles and operational guidelines for fair recruitment.
The document serves private employment agencies (including intermediaries, recruiters and sub-agents) from any country, responsible for the recruitment and contracting of people looking for employment opportunities abroad.
This Monday, 24th July, the protocol was presented to representatives of government institutions, civil society organisations, international organisations, recruitment agencies, journalists and the media.
Migrants recruited through CIERTO to work in a ranch in the United States participated the launch event. Roselia Marisol Canel Tejaxún said: "I am grateful for the opportunity I had to be able to travel safely and legally. From my experience of working abroad, I am grateful for the training I received so that I could perform better in my work outside the country. These experiences mark your life and make you wish for a better future".
Héctor Benjamín Xoc Xar said: "I am very happy because I was able to live the experience of working abroad. Opportunities like this allow you to achieve goals that you didn't know you could. I felt supported throughout the whole recruitment process”.