Comments adopted by the CEACR: Anguilla

Adopted by the CEACR in 2021

C023 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of these Conventions on the maritime sector, the Committee considers it appropriate to examine Conventions Nos 22, 23, and 108 together.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, and 108 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22 and 23 and requested the Office to encourage once again the Member States which have already ratified the MLC, 2006 but remain bound by Conventions Nos 22 and 23 in respect of non-metropolitan territories, to extend the application of the MLC, 2006 to those territories and to encourage Member States that are still bound by Convention No. 108 to ratify the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee, therefore, encourages the Government to consider extending the application of the MLC, 2006 to Anguilla as well as ratifying Convention No. 185 and extending its application to Anguilla.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session ( GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–6 of the Convention. Conditions for signing and content of the articles of the agreement. In its previous comments, the Committee requested the Government to indicate the measures taken to give effect to these provisions of the Convention. The Committee notes that, in its report, the Government states that (1) Anguilla currently does not have registered vessels of more than 100 tons or 300 cubic metres; (2) according to the Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order, Anguilla is a Category 2 Shipping Registry under the United Kingdom and therefore, as a general rule, may not register vessels exceeding 150 gross tonnage; (3) the Small Commercial Vessels Regulations implement the Code of Safety for Small Commercial Vessels Operating in the Caribbean published by the International Maritime Organization (IMO); and (4) the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020 are relevant in this context. The Committee observes, however, that the aforementioned Regulations do not contain any provisions on the seamen’s articles of agreements and that the Act mentioned by the Government does not contain specific provisions giving effect to the Convention. Recalling that only ships of less than 100 gross tonnage may be excluded from the application of the Convention, the Committee requests the Government to indicate the measures taken to give full effect to Articles 3 to 6. The Committee further requests the Government to provide information on any development concerning the number and tonnage of ships registered in Anguilla.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3–6. Entitlement to repatriation. In its previous comments, the Committee requested the Government to indicate the measures taken to give effect to these provisions of the Convention. The Committee notes the Government’s reference to the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020, which, however, do not contain any provisions on repatriation. Likewise, the Committee notes the Government’s indication that the Small Commercial Vessels Regulations implement the Code of Safety for Small Commercial Vessels Operating in the Caribbean published by the IMO. The Committee observes, however, that the aforementioned Regulations do not contain any provisions on repatriation. In light of the above, the Committee once again requests the Government to indicate the measures taken to give effect to Articles 3–6 of the Convention.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6. Permission to enter a territory. In its previous comments, the Committee requested the Government to indicate how it ensures compliance with Article 6. The Committee notes that the Government refers to the Merchant Shipping Act 2010 and the Merchant Shipping (Amendment) Act, 2020 and other national provisions which, however, do not give effect to Article 6. The Committee once again recalls that, according to Article 6, each Member shall permit the entry into a territory for which the Convention is in force of a seafarer holding a valid seafarer’s identity document, when entry is requested for temporary shore leave while the ship is in port. The Committee once again requests the Government to indicate how it gives effect to this requirement of the Convention.

Adopted by the CEACR in 2020

C026 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together. The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes that the new Labour (Relations) Act of 2018 establishes the minimum wage-fixing machinery and, more particularly, that it provides in section 79 that the Executive Council may at any time appoint a tripartite Minimum Wage Advisory Committee (MWAC) for the fixing of minimum rates of wages. The Committee notes that the Government indicates in its 2019 report that the Minister of Labour, which holds the responsibility for the establishment of the MWAC, is actively seeking to recruit members for this body and has sent out invitations to various organizations to nominate persons to serve on it. The Committee also takes note of the Government’s indication that, recognizing that this has the potential to be a complex undertaking, it has made the decision to engage the services of the Office to assist the MWAC in formulating a minimum wage. The Commission further notes that the Government indicates in the supplementary information provided in 2020 that it had been able to obtain approval from the members proposed to serve on the MWAC and that it had sought technical assistance from the ILO. The Government adds however that, following elections in 2020, the new administration has been reviewing the MWAC membership and was in the process of finalising the Committee. It also indicates that while it was not considered to be a good time to raise the subject of a minimum wage in the context of the COVID-19 pandemic, the Government would continue to do the necessary research to prepare future deliberations on the topic. The Committee requests the Government to provide information on the work of the MWAC, once established, and the results achieved, notably regarding the fixing of minimum wage rates. It also requests the Government to provide information on any collective agreements, which may establish minimum rates of wages in certain sectors or industries.

C085 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 2, below), as well as on the basis of the information at its disposal in 2019.

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Legislation, organization of the labour inspection system and resources. The Committee notes with interest the adoption in 2018 of the new Labour Code. It notes that, pursuant to section 5 of the Labour Code, the Commissioner is responsible for the day-to-day administration of the Labour Department and shall ensure the enforcement of the Code. Section 8 of the Labour Code provides that the Governor may designate a public officer as an inspector to assist the Commissioner in the execution of his duties, and that there shall be two categories of inspectors: (a) inspectors who monitor and enforce the provisions of the Labour Code relating to basic terms and conditions of employment, protection of wages, minimum wage, leave and work permits; and (b) inspectors to monitor and enforce the safety, health and welfare provisions of the Labour Code.

The Committee notes the Government’s indication in 2018 that the Labour Department was undergoing internal restructuring because of the departure of four staff and that efforts are being made to re-staff the Department, despite the austerity measures taken following Hurricane Irma. It further notes that the Ministry of Labour is currently reviewing the legislation on occupational safety and health (OSH) and labour administration, which the Government indicates will require recruiting new labour inspectors to assist with the additional work of the Labour Department. The Committee requests the Government to provide further information on the restructuring of the Labour Department, including the number of new labour inspectors and the total number of inspectors, and to provide a copy of a new organizational chart. It also asks the Government to continue to provide information on the review of legislation on OSH and labour administration.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government that in the past, labour inspectors attended training programmes on labour inspection and OSH delivered by the ILO Decent Work Technical Support Team (DWT) and Office for the Caribbean, which contributed to ensuring that inspectors were equipped with the necessary knowledge and training to carry out labour inspections. The Committee notes the Government’s indication in its supplementary report that, with the advent of the COVID-19 pandemic, the Government has scaled back on all training initiatives. It states that, in light of budgetary constraints, the Department has developed its own training programme for inspectors, with emphasis on knowledge and application of the law. It indicates that further training will be required when the proposed draft legislation on OSH is adopted. The Committee requests the Government to continue to provide information on the training activities planned and provided to train both new and more experienced labour inspectors, including training on OSH as well as those activities delivered through ILO support.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, pursuant to section 10 of the Labour Code, an inspector shall have the power to freely enter without previous notice at any hour of the day or night during the working hours of the business or any workplace liable to inspection. However, the Committee recalls that Article 4(2)(a) does not envisage restricting visits to workplaces liable to inspection only to working hours. The Committee therefore requests the Government to provide information on the measures taken to ensure that labour inspectors are empowered to freely enter and without previous notice at any hour of the day or night any workplace liable to inspection, even outside of working hours.

Application in practice and statistics. The Committee notes that, after Hurricane Irma, many businesses have either been closed or are not fully operational, and this resulted in a reduction in the number of inspections performed from 2017 to 2018. It also notes that, pursuant to section 5(h) of the Labour Code, the Commissioner is responsible for collecting data and statistics, including in relation to: (i) complaints received and settled; (ii) inspections completed; (iii) violations of the Code; (iv) accidents and injuries; and (v) occupational diseases. Section 5(k) further requires the Commissioner to prepare and furnish the Minister with the annual report of the work of the Labour Department. However, the Committee notes the Government’s indication that statistical data on the number of inspections is not currently available. The Committee requests the Government to provide a copy of the annual report of the work of the Labour Department.

[The Government is asked to reply in full to the present comments in 2022.]

C148 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 4 of the Convention. National laws and regulations, technical standards, codes of practice or other appropriate methods. The Committee previously noted the Government’s intention to consider developing regulations, in accordance with the Public Health Act, empowering the Minister of Health to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. The Committee notes the Government’s indication in its report, that in 2019, the Government aims to introduce the legislation concerning occupational safety and health, and this will address matters related to the working environment of workers engaged in areas which produce air pollution, noise and vibration. Further, the Committee notes the information provided in the Government’s supplementary report that the Ministry of Home Affairs (in collaboration with the Attorney General’s Chambers) has completed a first full draft of the Labour (Welfare and Equality) Act. The Government states that this draft is currently under review and makes reference to health and safety and includes provisions on air quality, noise and vibration. The Committee requests the Government to take the necessary measures to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution in accordance with Article 4, including in the course of introducing the segment of the labour legislation concerning OSH, and to continue to provide information on any legislation adopted in this respect.