Migration for Employment Convention (Revised), 1949 (No. 97) - British Virgin Islands

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Information on migration laws and policies. The Committee notes that section 178 of the Labour Code No. 4 of 2010 provides for the adoption and the annual review of a comprehensive policy on international migration for employment based on the economic and social needs of the Virgin Islands, and taking into account short-term human resources needs and long-term social and economic consequences of migration for Virgin Islanders, belongers (persons born in the territory) and migrant employees. The Committee also notes the provisions under Part X of the Labour Code regarding work permits. The Committee requests the Government to provide a copy of the policy on international migration for employment, as well as any information indicating how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of labour migration.

Articles 2 and 4. Provision of information and assistance and measures facilitating migration for employment. The Committee requests the Government to provide detailed information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, including services provided by the Labour and Immigration Departments or any other public or private body, with an indication of specific measures to address the concerns of women migrants departing from or arriving in the country.

Article 6. Equality of treatment. The Committee notes the provisions in Parts IV, V and VI of the Labour Code No. 4 of 2010 regarding basic conditions of employment, termination of employment and severance payments and retirement benefits, which apply to both nationals and migrant workers. It also notes that Part VII of the Labour Code regulates equality of treatment, and in particular that section 114(1) and (2)(a) and (b) and section 115(1) and (2) define and prohibit direct and indirect discrimination on the basis of a wide range of grounds including race, sex, religion and nationality, with respect to, among others, recruitment, selection or employment, training, apprenticeship, terms and conditions of employment, and dismissal; sections 113 and 119 define and prohibit sexual harassment; and sections 126 and 127 provide for penalties and remedies in case of violations of the provisions of Part VII. The Committee requests the Government to provide information on the practical application of the provisions in the Labour Code 2010 ensuring non-discrimination, including on the nature and number of any violations addressed by the Labour Commissioner or the Labour Tribunal, or any other competent authorities entrusted with monitoring respect for the principles related to the Convention, and their outcome (penalties imposed and remedies provided). The Committee also asks the Government to include information on any judicial decisions handed down by the courts with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention.

Article 8. Maintenance of residence in the event of incapacity for work. In the absence of any information on this point, the Committee urges the Government to supply precise information on the legal provisions ensuring that migrant workers admitted on a permanent basis maintain their right of residence in event of incapacity for work and on the practical application of such provisions.

Statistics. The Committee requests the Government to provide statistical information, disaggregated by sex, nationality and migrant status (temporary or permanent), on the number of foreign workers in the British Virgin Islands, indicating, if possible, the economic sectors in which they are employed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s very brief report once again fails to reply to the issues that have been raised in its previous direct requests, since 2000. These comments particularly aimed at obtaining up-to-date information, since the 1999 General Survey on migrant workers, regarding new trends in migration flows from and to the territory, as well as their impact on the content and application of its national legislation and policy in respect of migration, including with regard to Articles 6 and 8 of the Convention. The Committee therefore urges the Government to provide full information regarding the following:

• (i) Copies of any new legislation or regulations adopted as well as up-to-date information, on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. Please provide statistical information, disaggregated by sex and nationality, and indicate how contemporary trends in migratory flows have had an impact on the content and application of the national policy and legislation in respect of emigration and immigration.
• (ii) The practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(1)(a)–(d) of the Convention, with an indication of any measures taken or envisaged to ensure that female migrant workers are treated on equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see General Survey, 1999, paragraphs 20–23 and 658).
• (iii) The practical application of maintenance of right of residence in the event of incapacity for work of migrant workers admitted on a permanent basis, as provided for in Article 8 of the Convention (see General Survey, 1999, paragraphs 600–608).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that since 2007 the Committee has been asking the Government to supply a report for examination by the Committee at its next session, as no report had been received. The Committee notes with regret that this year, the Government’s very brief report, apart from stating that the labour inspection services have been inspecting the application of the Convention, once again fails to reply to issues raised in its previous direct requests, since 2000. The Committee therefore urges the Government to provide full information on all the matters raised in its previous direct request, which read as follows:

Repetition

In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5–17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up-to-date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a)–(d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a)–(d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20–23 and 658).

Article 8 of the Convention. Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600–608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5–17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up-to-date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a)–(d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a)–(d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999,
paragraphs 20–23 and 658).

Article 8 of the Convention. Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600–608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5–17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up to date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20–23 and 658).

Article 8 of the Convention. Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600–608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5–17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up to date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

2. The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20–23 and 658).

3. Article 8. Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600–608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5–17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up to date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

2. The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20–23 and 658).

3. Article 8. Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600–608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  In its 1999 General Survey on migrant workers, the Committee notes that international migration for employment has changed significantly since the adoption of the Convention, in extent, direction and nature (see General Survey, paragraphs 5-17). The Committee would therefore be grateful if the Government would provide a copy of any new legislation or regulations adopted as well as up-to-date information on its policy on emigration and immigration and in reply to the questions contained in the report form for the Convention. The Committee would be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of emigration and immigration.

2.  The Committee draws the Government’s attention to Article 6 of the Convention in particular and requests it to provide information on the practical implementation of its policy of equality of treatment between national workers and migrant workers on the subjects enumerated in Article 6(a), (b), (c) and (d). Recalling that under paragraph 1 of this Article any State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters listed in subparagraphs (a) to (d) of the Article, the Committee would be grateful, given the increasing feminization of migrant workers, if the Government would indicate the measures taken or envisaged to ensure that female migrant workers are treated on the same equal footing as their male counterparts, foreigners or nationals, in regard to their employment and living conditions, employment-related taxes and access to legal proceedings (see Committee of Experts’ General Survey on migrant workers, 1999, paragraphs 20-23 and 658).

3.  Article 8.  Since this provision was one of those most frequently mentioned by governments, when the General Survey was carried out, as causing difficulties of application (paragraphs 600-608 of the survey), the Committee would be grateful if the Government would supply information on the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.