Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - British Virgin Islands

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British Virgin Islands

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Application of the Convention in practice. The Committee notes the Government’s indication that there has been no change in the law giving effect to the Convention during the reporting period. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, by including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention. It also requests the Government to indicate whether courts of law or other tribunals have rendered decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of those decisions.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in practice. The Committee notes the Government’s indication that there has been no change in the law giving effect to the Convention during the reporting period.The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, by including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention. It also requests the Government to indicate whether courts of law or other tribunals have rendered decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of those decisions.

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Application of the Convention in practice. The Committee notes the Government’s indication that there has been no change in the law giving effect to the Convention during the reporting period. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, by including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention. It also requests the Government to indicate whether courts of law or other tribunals have rendered decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of those decisions.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes with satisfaction that section 183 and the Rules set out in the Schedule of the new Labour Code, 2010 essentially reproduce the main provisions of the Convention and give full effect to its requirements. The Committee would appreciate if the Government would provide together with its next report general information on the manner in which the Convention is applied in practice.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is under review and should be resubmitted to the Legislative Council, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is under review and should be resubmitted to the Legislative Council, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

Finally, the Committee refers to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94. It also refers to the Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law and practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 28 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep the Office informed of any developments in this respect.

Finally, the Committee takes this opportunity to refer to its 2008 General Survey on labour clauses in public contracts which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 27 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

 

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The Committee regrets to observe that the Government is still unable to report substantive progress concerning the adoption of legislation giving effect to the provisions of the Convention. While noting the Government’s indication that the draft bill to amend the Labour Code Ordinance, Cap. 293 is currently under review and should be resubmitted to the Legislative Council shortly, the Committee recalls that the Government has been stating for the last 27 years that the enactment of appropriate legislation for the insertion of labour clauses in public contracts is under consideration.

The Committee wishes to point out that the principal obligation for a government arising out of the ratification of an international labour Convention is to take such action as may be necessary to make effective the provisions of the ratified Convention, and to continue to ensure its application for as long as it does not decide to denounce it. The Committee therefore strongly suggests that the new legislation designed to implement the Convention should be adopted without delay and asks the Government to keep it informed of any developments in this respect.

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In its previous comments, the Committee has been requesting the Government to take the necessary measures to bring its legislation into conformity with the Convention, i.e. provisions have to be enacted to insert appropriate labour clauses in public contracts (Article 2(1) of the Convention) and to make the legislation applicable to all kinds of contracts covered by Article 1(1) of the Convention, including but not limited to public works contracts.

The Committee notes the Government's indication in the report that the British Virgin Islands Labour Code Ordinance, 1975, is in the process of being amended, and that section 47 of the draft Act makes provision for appropriate labour clauses to be inserted in all public contracts.

The Committee recalls that the enactment of such legislation has been under consideration since 1973. It can only reiterate the hope that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that the legislation in question has been enacted to ensure the implementation of the Convention.

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The Committee notes from the Government's report that it has not yet been able to enact legislation to give effect to the provisions of this Convention. However, the Government indicates that in practice the principles of the Convention are carried out. The Committee recalls that this legislation has been under consideration since 1973. It trusts that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that progress has been made towards ensuring the enactment of the implementing legislation.

The Committee recalls that in order to bring such legislation into conformity with the Convention, provisions would have to be enacted to insert appropriate labour clauses in public contracts (Article 2(1) of the Convention) and to make the legislation applicable to all kinds of contracts covered by Article 1(1) of the Convention, including but not limited to public works contracts.

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The Committee notes from the Government's report that the Government has not been able to enact legislation to give effect to the provisions of the Convention. Recalling that this legislation has been under consideration since 1973, it trusts that the necessary measures will be taken in the very near future and hopes that the Government will be able to indicate, in its next report, that progress has been made to ensure the full application of the Convention.