Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

St Helena

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) (Ratification: 1950)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1980)

Previous comments

Previous comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 85 (labour inspection) and 150 (labour administration) together.

Labour Inspectorates (Non- Metropolitan Territories ) Convention, 1947 (No. 85)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it will take into consideration the extension of the application of the Labour Inspection Convention, 1947 (No. 81) to St Helena. The Committee recalls to the Government the possibility of availing itself of the technical assistance of the Office. It also requests the Government to provide information on any steps taken towards extending the application of Convention No. 81 to St Helena.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. In reply to the Committee’s previous comment, the Government indicates that, regrettably, there has been no progress made in establishing a labour inspection service within St Helena. It adds, however, that public authorities, such as the Labour Regulating Authority and the Employment Rights Committee, continue to function. The functions of the Employment Rights Committee now include promoting employees’ rights granted under the Employment Rights Ordinance (formerly a role of the Labour Regulating Authority). The Committee notes the Government’s indication that neither organization delivers the functions of labour inspectors, as envisaged by Article 4 of the Convention. With respect to occupational safety and health, the Government indicates that the Health and Safety Working Group ceased its work during the 2019–20 financial year, as it was recognized that a dedicated resource was required to take this important work forward. Efforts are still being made to secure funding and, in the meantime, work is ongoing to train government employees in basic health and safety awareness. The Committee once again requests the Government to pursue its efforts to provide for the organization of labour inspection services within the territory of St Helena and to provide information on any progress made in this regard. It also requests the Government to provide information on the progress made in securing funding and in reactivating the work in the field of occupational safety and health. The Committee once again requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved, as well as their results.

Article 2. Training of labour inspectors. The Committee notes the Government’s indication that no progress was made in training of persons responsible for labour inspection as there were no labour inspectors that had been appointed. The Committee once again requests the Government to provide information on the measures taken for the appointment of new inspectors or designation of persons with labour inspection responsibilities, and on the provision of adequate training, once appointments or designations are made.

Labour Administration Convention, 1978 (No. 150)

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. In its reply to the previous comments, the Government indicates that the Education and Employment Directorate has been re-designated as the Education, Skills and Employment Portfolio, following a restructuring of the public service which came into effect in April 2021. The Committee notes the Government’s indication that the responsibility for the development of policy and legislation relating to employment and labour administration rests with the Minister of Education, Skills and Employment. It also notes the annual progress report on the Labour Market Strategy for 2020-2035 for the year ending 31 December 2021. The Committee requests the Government to continue to provide information on the activities of, and the coordination between, all bodies with labour administration responsibilities, and to provide reports on their activities, where applicable. It also requests the Government to continue to provide information regarding the implementation and review of the Labour Market Strategy 2020–2035, in the context of the application of the Convention.

Article 10. Status and conditions of service of the staff of the labour administration system. The Government previously indicated that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available workers. In reply to the previous comments, the Government indicates that there is one position within the Technical Cooperation Programme, that of the Director of Human Resources and Organizational Development, which supports the work of the labour administration services. The Director is responsible for, among other functions, ensuring a safe and thriving environment for all workers, supporting the resolution of workplace disputes, and providing the public service with necessary tools to define and influence a positive organizational culture. The Committee notes the Government’s indication that, as far as possible considering the budgetary constraints, staff of the labour administration system have access to training and material resources to enable them to effectively carry out their duties. The Committee requests the Government to continue to provide information on the measures taken to ensure that staff of the labour administration system are suitably qualified for the activities to which they are assigned, have access to necessary training, and have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.