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

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

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that the enactment of a new Labour Code, which would cover migrant workers, is envisaged by December 2013. The draft Labour and Immigration Policy 2008 is also being revised. The Committee requests the Government to supply copies of the Labour Code, once enacted, indicating the relevant provisions applying the Convention, as well as copies of the revised 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 the number of work permits issued to migrant workers decreased from 3,528 in 2008 to 1,383 in 2011 and 768 in 2012 (until July). The construction and transportation sectors represented one third of all permits issued (253) followed by services (197) and professional and technical occupations (144). In 2012, 481 permits were issued to male migrants and 287 permits to female migrants. The large majority of work permits were issued to migrants originating from Caribbean countries. 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 data on inspections show that migrant workers continue to receive the same benefits as nationals with respect to conditions of work, wages, social security, and access to legal procedures. It also states that approximately 90 per cent of complaints are being resolved by the Labour Department. Unresolved complaints are forwarded to the Minister with a view to achieving voluntary settlement. Please continue to include information on labour inspection activities and the number and nature of complaints submitted to the courts, the Labour Department and the Minister, and their outcome, regarding less favourable treatment in respect of the matters set out in Article 6(1)(a)–(d) of the Convention.

Part V of the report from. Practical application. The Committee requests the Government to continue to provide information 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.