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

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Part III of the Convention. Improvement of standards of living and other objectives of the social policy. The Committee notes the Government’s indication that the economy, particularly the tourism sector, has been negatively impacted by the COVID-19 pandemic and corresponding lockdown measures. The Committee also notes the information provided by the Government regarding the measures adopted to address the negative impact of the pandemic, including the reintroduction, in collaboration with the Social Security Board, of the Unemployment Benefit Scheme and the implementation of the Unemployment Assistance Programme to support those persons who were not eligible for compensation under the social security scheme. According to the ILO Department of Statistics (ILOSTAT), in 2020, 68.8 per cent of the population were covered by at least one social protection benefit (60.1 per cent of men and 74.1 per cent of women). The Government reports that additional support programmes were implemented through the Department of Social Development, such as school lunch programmes and cash payouts to pensioners. Moreover, the Government refers to the adoption of the Property Tax (Rates) (Amendment) Regulations, 2020, and the Interim Stabilization Levy (Waiver of Obligations) Regulations, 2020, which introduced property tax reductions as well as the interim stabilization levy. While noting the difficult situation prevailing in the country due to the negative impact of the COVID-19 pandemic, the Committee requests the Government to provide updated information on the nature and impact of the measures planned and taken to ensure the economic and social recovery of Anguilla as well as updated information illustrating that the improvement of standards of living has been regarded as an important focus of Government policy.

Part V of the Convention. Minimum wages and protection of wages. The Committee notes with interest that a new Minimum Wage Advisory Committee (MWAC) was established on 16 June 2020. The Government reports that the MWAC submitted a Work Plan and Schedule of Activities through the Ministry of Home Affairs for its consideration by the Executive Council. The Committee requests the Government to provide updated detailed information on progress made in the fixing of minimum wage rates by the Minimum Wage Advisory Committee (MWAC). The Committee notes, however, that the Government does not provide information on the measures taken to ensure compliance with the provisions of the 2018 Labour Code on the protection of wages, and on the sanctions imposed in cases where violations have been identified. The Committee therefore reiterates its previous request.

Part VI of the Convention. Non-discrimination. The Committee notes the Government’s indication that the Labour (Relations) Act of 2018 was adopted on 3 January 2019. The Government indicates that this is the first of three instalments which will lead to a full set of Labour laws for Anguilla, and which will replace the 2018 Draft Labour Code. The Government reports that the Draft Labour (Welfare and Equality) Act is expected to be passed in 2023. The Government states that this draft addresses issues of discrimination that were previously included in the 2018 Draft Labour Code. In the interim, the Government points out that section 97 of the Labour (Relations) Act does address unlawful discrimination in instituting disciplinary action against employees. The Committee observes that the Government’s report does not include information on the impact of the Labour Code of 2018 on the implementation of policies and programmes designed to improve standards of living. The Committee requests the Government to provide detailed updated information on the status of the adoption of the Draft Labour (Welfare and Equality) Act, and to provide a copy once it is adopted. Moreover, it reiterates its request that the Government provide detailed updated information on the impact of the Labour Code of 2018 on the implementation of policies and programmes designed to improve standards of living.

Part VII of the Convention. Education and training. The Government reports that the technical and vocational education and training (TVET) Council is currently in the process of strengthening and modernizing the TVET Policy. In this regard, the Government indicates that it is also in the process of determining which operational standards it intends to pursue with a view to developing a national standards curriculum. The Committee observes, however, that the Government does not provide information on the impact of the different vocational training and apprenticeship programmes. The Committee requests the Government to provide detailed information on the nature, scope and impact of the measures taken with a view tostrengthening and modernizing the TVET Policy. It also reiterates its request that the Government provide detailed information on the impact of the different vocational training and apprenticeship programmes, including statistical information on the number of programme participants, disaggregated by sex and age.

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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.

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The Committee notes the information provided by the Government of Anguilla in the report received in September 2013. The Government indicates that the Anguilla economy has been negatively impacted by the ongoing global financial crisis. The unemployment rate has increased with the closure of several businesses and the local banking sector has been severely impacted. The Committee takes note of the Government’s indication that the gaps in this Convention are being addressed in the redrafting of the new Labour Code. The Committee invites the Government to include in its next report updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development. Please also provide information on the measures relating to minimum wages (Article 14(2)–(4)), protection of wages (Articles 15(1)–(6) and 16), and education and training (Article 19(2)–(3)).

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The Committee notes the report provided by the Government of Anguilla in May 2009. The Government states that Anguilla has its own Constitution, Government, laws and judicial system. Anguilla is also responsible for its economic development, social progress and employment policies. The Government of the United Kingdom no longer provides grant-in-aid to the Government of Anguilla in an effort to ensure greater economic and political autonomy to Anguilla. The Committee hopes that the Government will ensure that the authorities in Anguilla will provide information in its next report dealing with the economic and social development of Anguilla, including updated data illustrating how the improvement of standards of living has been regarded as the principal objective in the planning of economic development. Please also provide information on the measures relating to minimum wages (Article 14(2)–(4) of the Convention), protection of wages (Article 15(1)–(6) and Article 16) and education and training (Article 19(2) and (3)).

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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:

The Committee notes the information contained on Anguilla in the March 1999 White Paper on Partnership for progress and prosperity: Britain and the overseas territories made available by the Government of the United Kingdom. It hopes that the next report on the application of the Convention will contain further practical information dealing with the economic and social development of Anguilla, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development. Please also provide information on the measures relating to minimum wages (Article 14, paragraphs 2–4, of the Convention), protection of wages (Article 15, paragraphs 1–6, and Article 16) and education and training (Article 19, paragraphs 2 and 3).

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The Committee notes the information contained on Anguilla in the March 1999 White Paper on Partnership for progress and prosperity: Britain and the overseas territories made available by the Government of the United Kingdom. It hopes that the next report on the application of the Convention will contain further practical information dealing with the economic and social development of Anguilla, including updated data illustrating that the improvement of standards of living has been regarded as the principal objective in the planning of economic development. Please also provide information on the measures relating to minimum wages (Article 14, paragraphs 2-4, of the Convention), protection of wages (Article 15, paragraphs 1-6, and Article 16) and education and training (Article 19, paragraphs 2 and 3).