Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - Anguilla

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The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures including follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.

The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it is committed to taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to Anguilla. The Committee understands that the current national practice for the extension of treaties, including ILO Conventions, is that the authorities in the non-metropolitan territory would first make a request of an extension of the application of the Convention to the department of the Government with responsibility for the instrument in question. The Committee recalls the availability of technical assistance in this respect and requests the Government to provide information on any requests made by Anguilla to extend the application of Convention No. 81 to the territory.

Legislation, organization of the labour inspection system and resources. The Committee notes the Government’s indication, in reply to its previous comment, that at present the Labour Department is composed of nine members, including one senior labour inspector and one labour inspector. The Government adds that although the new organizational chart includes three additional positions, including another Labour Inspector and a Compliance Manager, these positions have not been filled due to budgetary constraints. The Committee further notes the Government’s indication that the Draft (Welfare and Equality) Act, which address the occupational safety and health (OSH) regulations in Anguilla is currently under review and it should be adopted in 2023. The Committee request the Government to continue to provide information on the measures taken to ensure the filling of vacant positions of labour inspectors and compliance manager.It also requests the Government to provide a copy of the Welfare and Equality Act once adopted.

Article 2 of the Convention. Training of labour inspectors. In reply to the Committee’s previous comments, the Government indicates that in 2019 one person attended a training on OSH conducted via the University of West Indies Learning. The Government adds that the Department is currently seeking opportunities where labour inspectors can be trained as a group. The Committee requests the Government to continue to provide information on the training of labour inspectors, including the subjects covered, the frequency of training sessions, the number of inspectors participating, and the results achieved.

Article 4(2)(a). Right of labour inspectors to freely enter workplaces liable to inspection. The Committee notes that, in reply to its previous comments, the Government indicates that Labour Department Act section 10(a) empowers the inspector to enter freely and without previous notice at any reasonable hour of the day or night in any workplace liable to inspection. The Committee takes note of this information, which addresses its previous request.

Application in practice and statistics. The government indicates, in reply to the Committee’s previous comment, that the Labour Department does not produce an annual report. The Government indicates that the Department has been reporting to the Ministry of Home Affairs, Immigration, Labour, Information and Broadcasting and Physical Planning on significant matters at various intervals. The Committee requests the Government to provide statistical information on the application of the Convention in practice (e.g. the number of inspections undertaken, the number of complaints received from workers and employers, the number and nature of violations detected in the course of these inspections, the amount and nature of penalties imposed, etc.).