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

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

Article 1 of the Convention. Information on laws and policies. The Committee notes that a new draft Labour Code is expected to be enacted in the course of 2018. It notes that section 168(4) of the draft Code provides that the “Ministry recognizes that persons employed on work permits represent a group of persons with special vulnerabilities and will endeavour to ensure that such persons are treated fairly and are protected in accordance with labour laws and policies”. Part 15 of the draft Code regulates work permits and section 31(1)(e) provides that the Minister may appoint an Advisory Committee for a term not exceeding five years to consider and recommend general questions relating to migration for employment and the conditions of migrant workers. The Committee requests the Government to provide information on any developments with respect to the enactment of the new Labour Code, including on any steps taken to appoint an Advisory Committee and on any recommendations made by it regarding the employment and conditions of migrant workers. Recalling further that the Labour and Immigration Policy was being revised, the Committee also asks the Government to indicate any developments in this regard and to provide a copy of the new labour migration policy, when adopted.

Article 6. Equality of treatment. The Committee notes that, pursuant to section 181(5) of the draft Code, a work permit holder is entitled to all the rights and benefits conferred by the Code and any condition of employment that is inconsistent with the Code is void. The Committee further notes the provisions of Part 11 of the draft Labour Code regarding equality of treatment in employment. It notes in particular that draft sections 109(1)(b) and 110 define and prohibit discrimination in employment and occupation, including on the basis of any characteristic which pertains generally or is generally imputed to persons of a particular race, sex, religion and nationality, among other grounds. It also notes that sections 1 and 115 define and prohibit sexual harassment. The Committee hopes that the draft Labour Code will soon be adopted and asks the Government to provide information on the measures taken to ensure that the rights and guarantees regarding equality and non-discrimination provided for by the Code, once adopted and entered into force, are implemented in practice with respect to migrant workers, and to indicate whether specific procedures exist to support or assist migrant workers in accessing justice in the case of labour disputes concerning unequal treatment.

Equality of treatment – wage deductions and fees charged to the worker. The Committee notes section 51(2) of the draft Labour Code which provides that “except for work permit fees, an employer shall not seek to recover from an employee, whether by way of deduction from wages or otherwise, any sum or fee incurred in relation to the recruitment of the employee, including visa fee or security bond”. Subject to the direction of the Labour Commissioner and after consultation with the employee, an employer may deduct a reasonable amount of wages to cover no more than 50 per cent of the amount of the work permit fee (section 51(3)). The Committee recalls that Article 6(1)(a)(i) of the Convention prohibits unequal treatment between nationals and migrant workers with respect to remuneration. The Committee requests the Government to provide information on the amount of the work permit fee incurred, and to clarify whether the work permit fee is charged to the worker or the employer and for what purpose (including costs covered).

Domestic workers. The Committee notes that section 181(2) of the draft Code provides that “except for domestic workers, a work permit holder shall not be compelled to live with his employer”. Domestic workers are not obliged to stay with their employer during periods of weekly rest and holidays (section 181(3)). The Committee asks the Government to provide information on the number of men and women domestic workers in Anguilla – distinguishing between permanent residents, belongers (persons born in the territory) and work permit holders – and to indicate the reasons why domestic workers with a work permit are compelled to live with their employer, except during periods of weekly rest and holidays.

Article 8. Right of no return in the event of incapacity of work. Given that legal difficulties persist in a number of member States relating to the maintenance of residency rights of permanently admitted migrants (see General Survey on fair migration, 2016, paragraphs 449–455, and 533), the Committee requests the Government to provide information on: (i) the number of migrant workers admitted on a permanent basis in Anguilla or the number of non belongers that have permanent residence; and (ii) the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Practical application and statistics. The Committee notes the statistics provided by the Government on the number of work permits approved between 2013 and 2017. It notes that 1,108 work permits were approved in 2016, including 424 for women. The Committee requests the Government to continue to provide statistical data, disaggregated by sex and nationality, as well as by sector of employment and by occupation, on the number of non-belongers, with and without a work permit, employed in Anguilla. It also asks the Government to provide information on the manner in which the Convention is applied (for example 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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. The Committee accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. The Committee accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report.

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.