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

Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82) - Anguilla

Part III of the Convention. Improvement of standards of living and other objectives of the social policy. The Government once again reports that, since the 2008 financial crisis, Anguilla’s economy continues to be negatively affected. The unemployment rate has increased, businesses have closed, some Anguillans have migrated to other countries and the local banking sector has been severely impacted. The Government adds that the passage of Hurricane Irma in 2017 caused the destruction of tourist properties, affecting the tourism industry, which is the mainstay of the Island’s economy and further burdened its already sluggish economy. The Committee notes that the Ministry of Labour, in collaboration with the Social Security Board, has implemented an Unemployment Benefit Assistance Programme to address post-hurricane unemployment and to provide a subsistence allowance to the unemployed and underemployed who were directly impacted by the aftermath of Hurricane Irma. It also notes that to address the current situation, the Government has introduced additional measures such as a property tax reduction for 2018, decreases in interest and fees for financial institutions operating on the Island, the establishment of hurricane assistance loans and delayed repayments on advances. In reply to the Committee’s previous request for updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development in Anguilla, the Government indicates that its commitment to deliver a prosperous and stable future for the people of Anguilla is reflected in the Draft Framework for Fiscal Responsibility 2012, and is also mentioned in the 2017 Budget Address. Noting the difficult situation prevailing in the country due to the damage caused by the recent hurricane, the Committee hopes that the Government will soon be in a position to provide information on the manner in which planning has been developed to ensure the economic and social recovery of Anguilla and to communicate updated information illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development.

Part V of the Convention. Minimum wages and protection of wages. The Committee notes that Part 8 sections 63–64 of the Labour Code provides for the establishment of a minimum wage as well as for the establishment of the Minimum Wage Advisory Committee. The Government reports that several attempts to appoint a Minimum Wage Committee have failed and that the Ministry of Labour is intending to request the technical assistance of the Office in this regard. The Committee notes that the protection of wages and the enforcement of relevant legislation by the Labour Commissioner and labour inspectors is covered under the new Labour Code 2018 (Parts 7, 8(2)(a) and 10(1)(h)). The Committee requests the Government to continue to provide information on progress made in the process of appointing a Minimum Wage Committee and fixing of the minimum wage rate. It further requests the Government to provide specific information on the measures taken to ensure compliance with the new labour code provisions on the protection of wages, and on the sanctions adopted in cases where violations have been identified. The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Part VI of the Convention. Non-discrimination. The Committee welcomes the enactment of the Labour Code 2018 in particular Part 11, section 109, which prohibits discrimination on the basis of “race, colour, sex, religion, ethnic origin, political opinion or affiliation, indigenous population, social origin, national extraction, disability, HIV or perceived HIV status or other medical status, sexual orientation or gender identity, family responsibility, pregnancy, marital status or, except for purposes of retirement and restrictions on work and employment of young persons and children, age”. It also notes with interest that the Code is to be interpreted in a manner which is consistent with the Conventions of the International Labour Organization (Part 5, section 33 of the Labour Code 2018). The Committee further notes that the House of Assembly is presently reviewing the Code to address any gaps identified in respect of the Convention. Any resulting amendments to the new Labour Code 2018 will be communicated to the Office. The Committee requests the Government to provide information on the impact of the new Labour Code of 2018 on the implementation of policies and programmes designed to improve standards of living. It also requests that the Government provide copies of any amendments made as a result of the review by the House of Assembly.

Part VII of the Convention. Education and training. The Government reports that, according to the Education Act 2012, the compulsory school age is from the age of 5 up to 17. It also indicates that section 4 of the Employment of Women, Young Persons and Children Act prohibits the employment of children under the age of 14. The Committee notes that the Anguilla Community College Act (section 4) provides for the establishment and organization of Community College to provide a level of tertiary educational services to Anguilla. The Committee notes that the Technical and Vocational Education and Training (TVET) Council in Anguilla ensures that standard technical and vocational services are accessible in Anguilla. The Committee requests the Government to provide information on the nature and outcome of educational reforms and efforts in relation to the development and implementation of Vocational Education and Training programmes, including statistical data disaggregated by sex and age indicating the number of participants in the different vocational training and apprenticeship programmes.