Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Antigua and Barbuda (Ratification: 1983)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes with regret that once again the Government’s report does not reply to its previous comments. The Committee has been requesting the Government for several years to indicate any legislative text, ministerial regulation or administrative instruction providing for the inclusion of appropriate labour clauses in all public contracts for works, goods or services covered by the Convention. The Committee has also been drawing the Government’s attention to the fact that a mere reference to the Labour Code (No. 14 of 1975) as being applicable to all workers, including those engaged in the execution of public contracts, is not sufficient to give effect to the principal requirement of the Convention, namely the insertion of appropriate labour clauses in public contracts as defined in the Convention. In its previous comments the Committee drew the Government’s attention to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, which provide guidance and examples on how legislative conformity with the Convention may be ensured. The Committee hopes that the Government will take the necessary measures to fully apply the Convention in law and practice and once again recalls that the Government may avail itself of technical assistance from the Office for this purpose.

The Committee recalls that the Government has undertaken in recent years the revision of its public procurement legislation, including the Tenders Board Act (Cap. 424A). The Committee reiterates its request that the Government clarify whether the public procurement legislation currently in force addresses in any manner the question of labour clauses in public contracts, and, if not, to indicate any steps taken or envisaged in order to ensure compliance with the provisions of the Convention. The Committee further requests that the Government provide copies of any relevant legal texts, specifically copies of any texts adopted further to the revision of the public procurement legislation, that may not have been previously communicated to the Office.