Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Anguilla

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee had previously urged the Government to take the necessary steps to expedite the review of the General Orders in consultation with the social partners to remove all obstacles to the enjoyment of the right to freedom of association by casual employees in the public sector. While noting the Government’s indication that the review and modernization of the General Orders to bring them in line with international labour standards is one of the main items on the current reform agenda, the Committee recalls that is has been raising this issue for over a decade and thus must once again note with regret that the General Orders are still under review. The Committee therefore expects the Government to take necessary steps to expedite the review of the General Orders in consultation with the social partners and to provide a copy thereof once amended.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee had previously requested the Government to review the legislation, notably the Labour (Relations) Act 2018, in consultation with the social partners, in order to ensure that recourse to compulsory arbitration to bring an end to a collective labour dispute and a strike is only acceptable: (i) when the two parties to the dispute so agree; or (ii) when the strike in question may be restricted, or even prohibited, that is: (a) in the case of disputes concerning public servants exercising authority in the name of the State; (b) in conflicts in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (2012 General Survey on the fundamental Conventions, para. 153). The Committee notes with regret that no relevant information has been provided by the Government and reiterates its previous request.

Article 4. No dissolution or suspension of organizations by administrative authority. The Committee recalls that it had expected that the third instalment of the Labour Code would give full effect to the Convention in respect of a stay of execution of suspension, withdrawal or cancellation of an organization in cases of appeal. While noting the Government’s commitment to consider the Committee’s concerns in the development of the legislation, the Committee once again notes with regret that the third instalment of the Labour Code is still in the process of drafting. The Committee urges the Government to take necessary steps to expedite this process, to provide information on all progress made in this regard, and to transmit a copy of the legislation, once adopted.