Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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. In its previous comment, the Committee had requested the Government to ensure that through the processes of the adoption of the new Labour Code and the review of the General Orders, all obstacles to the enjoyment of the right to freedom of association by casual employees in the public sector are removed. While taking due note of the Government’s indication that sections 187–192 of the Labour Code Bill, scheduled to enter into force by 2019, have dealt with this inadequacy, it observes that the General Orders, which govern public officers and grant them the right to be members of a trade union and to attend private meetings of their union and to speak and vote at such meetings, has not yet been amended; thus, casual employees in the public sector continue to be excluded from its scope of application. The Committee notes the Government’s acknowledgement that the review of the General Orders is required. The Committee trusts that the General Orders will be reviewed, 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, and requests the Government to provide a copy thereof once they have been amended.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments, the Committee had noted that sections 28(1)(a) and 30(1) of the Labour Code 2003 provided for compulsory arbitration to end collective labour disputes and strikes. The Committee notes with interest that pursuant to the Labour Code Bill, employers and employees are encouraged to settle their disputes through negotiation and conciliation by the Commissioner (section 20(1) and (2)). The Committee notes, however, that where the parties have exhausted their efforts to resolve the dispute through negotiation and conciliation, the dispute is referred to the Minister who may facilitate its resolution by either attempting himself or herself to achieve a voluntary settlement (section 21 (a)), or referring the matter to mediation (section 21(c)) or to the Tribunal (section 21(b)), whose decisions are binding and can only be appealed in the High Court on a point of law (section 24(1)). The Committee further notes that pursuant to section 22(2)(a), a strike might take place if the parties have failed to resolve the dispute through negotiation and conciliation and the Minister has certified that the dispute is unresolved after conciliation. The Committee therefore requests the Government to clarify whether a strike can be declared regardless of the dispute being referred to the Tribunal (or an appeal to the Court), and to indicate in which circumstances the Minister may refer the dispute to the Tribunal pursuant to section 21(b) of the Labour Code Bill.

Article 4. No dissolution or suspension of organizations by administrative authority. The Committee notes that pursuant to sections 198(3) and 201(3) of the labour code bill, any trade union or employers’ organization subject to a suspension, withdrawal or declared to be defunct by the Registrar has the right to apply for judicial review or to appeal, as the case may be. The Committee recalls that the suspension, withdrawal or cancellation of trade union registration constitute extreme forms of interference by the authorities in the activities of organizations and should, therefore, be accompanied by all the necessary guarantees, including the right to appeal to the Court which should have the effect of a stay of execution until a judicial ruling is handed down on the matter. The Committee requests the Government to indicate whether the appeal in the abovementioned situations would have the effect of a stay of execution.

The Committee requests the Government to provide a copy of the Labour code bill once it has been adopted.