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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - British Virgin Islands

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is under review and should be resubmitted to the Legislative Council, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

Finally, the Committee refers to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.