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

Migration for Employment Convention (Revised), 1949 (No. 97) - Anguilla

Article 1 of the Convention. Legislation and policies covering migrant workers. The Committee notes the Government’s indication that the employment of migrant workers in the private sector is governed by the Control of Employment Ordinance, the Fair Labour Standards Ordinance, the Social Security Ordinance, the Workmen’s Compensation Ordinance and the Trade Union Ordinance. Migrants recruited for the public sector are governed by the General Orders, the Public Service Commission Regulations and the Social Security Ordinance. However, with the exception of Fair Labour Standards Ordinance, the Office is not in possession of copies of the abovementioned legislation. The Committee further notes the existence of a draft Labour Code and the development of a draft Labour and Immigration Policy in 2008. The Committee would be grateful if the Government would supply copies of the missing legislation with a specific indication of the relevant provisions applying the Convention. It also asks the Government to provide information on any developments regarding the adoption of the draft Labour Code and the draft Labour and Migration Policy, which it hopes will be in conformity with the Convention.

Information on migration flows. The Committee notes from the Government’s report that since the last reporting period, the number of work permits issued to migrant workers increased considerably from 783 in 2002 to 3,799 and 3,528 in 2007 and 2008, respectively. The construction and transportation sectors represented one third of all permits issued. The Committee asks the Government to continue to provide statistical data disaggregated by sex and country of origin, on the number and type of work permits issued to male and female migrant workers and on the sectors in which they are employed.

Article 6. Equality of treatment. The Committee notes the Government’s statement that labour inspectors are responsible for verifying compliance with the wages and other benefits set out in the employment legislation. It also notes that migrant workers can submit complaints to the Labour Department. The Committee requests the Government to provide information on any measures taken to ensure that migrant workers are treated, in practice, on an equal footing with nationals with respect to the matters set out in Article 6(1)(a)–(d) of the Convention, and in particular with respect to working conditions and wages, social security, work-related tax and access to the justice system. Please continue to include information on labour inspection activities and complaints submitted to the courts or the Labour Department.

Article 8. Non-return of permanent migrant workers in the event of incapacity to work. The Committee would be grateful if the Government would supply information on the practical application of maintenance of the right of residence in the event of incapacity for employment of migrant workers holding a permit of permanent residence (PPR).

Part V of the report form. Practical application. The Committee requests the Government to continue to provide information generally on the manner in which the Convention is applied (e.g. extracts from labour inspection reports, information on practical difficulties on the application of the Convention, etc.) in accordance with Part V of the report form.