Abstract

Due to the adverse economic conditions in Mexico and the need for offshore labour in Canadian agriculture, Mexico entered the Seasonal Agricultural Worker Program (SAWP) in 1974 as a source country, becoming the country that exports the highest number of agricultural works to Canada. While abroad, these workers have genuine needs that should be addressed by the Mexican government, but unfortunately the Mexican government has failed to provide adequate protection to its nationals. This paper offers an overview of the situation in rural Mexico, the operational aspects of the program and its violations; it identifies the workers' needs and the most important national and international documents that regulate the protection of nationals abroad. This research is a critique of the role of the Mexican government in the protection of the seasonal agricultural workes in Canada, identifying the limitations that the State faces for providing protection to its nationals.

Highlights

  • This paper intends to investigate whether the protection that the Mexican State provides to the seasonal agricultural workers employed in Canada addresses the needs and problems ofthese workers

  • It links my research findings about the Seasonal Agricultural Worker Program (SAWP) to legal frameworks related to the protection of nationals abroad and it evaluates the performance of the Mexican State in relation to the protection it provides for the workers

  • My findings provided me with the basis to analyze both sides of the spectrum and give a better opinion of the performance of the Mexican State with regard to the protection of the seasonal agricultural workers

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Summary

Introduction

This paper intends to investigate whether the protection that the Mexican State provides to the seasonal agricultural workers employed in Canada addresses the needs and problems ofthese workers It offers an overview of the situation in rural Mexico and the operational aspects of the Seasonal Agricultural Worker Program (SAWP), as well as its exploitative nature. Unlike most Canadian immigration programs, the SAWP is a temporary migrant labour program with no option for permanent residency, even though the average time that most workers spend in Canada is between four and eight months a year In addition to this long period of time, the nature of the employment contract restricts the mobility of the workers, as it binds them to a single employer. The temporary status of the workers makes them ineligible for many employment benefits, social assistance programs, and severe disabilities benefits, even though they do contribute to Employment Insurance and the Canada Pension Plan

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