Comments adopted by the CEACR: Antigua and Barbuda

Repetition

The Committee takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee requested the Government to exclude the Government printing office and the port authority from the list of essential services and to amend the following sections of the Industrial Court Act, 1976: sections 19 and 20, which permit the referral of a dispute to the court by the minister or at the request of one party with the consequent effect of prohibiting strike action under penalty of imprisonment; section 21, which provides for injunctions against a legal strike when the “national interest” is threatened or affected; and section 22, which prohibits direct and indirect financial assistance to a trade union or to any employee involved in a strike declared contrary to any provision of the Act, under penalty of fine or imprisonment. The Committee observes that the Government takes note of the comments made and indicates that consideration will be given to them. Hoping that it will be able to observe progress in the near future, the Committee again requests the Government to take the necessary measures to review, in consultation with the social partners and, if the Government so desires, with the technical assistance of the Office, the Essential Services Act and sections 19, 20, 21 and 22 of the Industrial Court Act, and to provide information on the concrete measures taken or envisaged in this respect.

Repetition

Articles 1 and 2 of the Convention. Employment trends and active labour market measures. In its previous comments, the Committee requested the Government to provide information on the measures taken to formulate and implement an active employment policy designed to promote full, productive and freely chosen employment. The Government reports that the Ministry of Legal Affairs, Public Safety and Labour has implemented an Active Labour Market Programme, which aims to increase employment opportunities in the country. In this context, it indicates that the Antigua and Barbuda Skills Training and Empowerment Programme 2015–18 (ABSTEP) was administered by the Labour Department’s One Stop Employment Centre as part of the World Bank-funded Public and Social Sector Transformation Project. The ABSTEP was designed with two components: the Temporary Employment Programme (TEP) and the Training Programme (TP). The Government indicates that the TEP provided income support to the less experienced, low-income unemployed through providing a temporary (six-month) job experience plus life-skills training, whereas the TP aimed to provide retraining and competence certification to the more experienced among this population. The Committee notes that while three cohorts of the TEP were successfully completed, the TP was not launched and as of 2014 the ABSTEP Programme was discontinued. The Government indicates that the Labour Department is currently undertaking the New Work Experience Programme, sponsored by local government, which enables young workers aged 18–35 to gain work experience through quick placements. It adds that the Programme, which has existed since the late seventies, was recently rebranded to include varying categories of employment. The Programme has placed 532 trainees, of whom 121 have gained permanent employment. The Committee also notes the formulation of the Medium Term Development Strategy 2015–19 (MTDS), which establishes the strategic development priorities for the country. Moreover, the Committee notes that, according to information available on the Caribbean Development Bank (CDB) website, the approval of the Country Strategy for Antigua and Barbuda for the period 2015–18 by the Directors of the CDB, which is aligned with the priorities set out in the MTDS. The Country Strategy document outlines the assistance strategy and planned strategic focus to accelerate the country’s economic growth and pursue sustainable development over the specified period. It was developed in consultation with officials of the Government and key stakeholders. Interventions in the framework of the Country Strategy from 2015 to 2018 will be geared toward achieving seven outcomes, including improved access to and quality of education, increased private sector competitiveness and better economic management. The Committee requests the Government to provide detailed information on the measures taken under the Active Labour Market Programme and their impact on the promotion of full, productive and freely chosen employment. The Committee also requests the Government to indicate the manner in which employment policy measures are kept under review within the framework of an overall coordinated economic and social policy.

Education and training policies and programmes. In its previous comments, the Committee requested the Government to provide updated information on the measures taken in the area of education and training policies and their relation to prospective employment opportunities. The Government reports that the Ministry of Education is engaged in a consultancy funded by the CDB to develop a technical and vocational policy for schools. According to the interim report of the consultant provided by the Government, Antigua and Barbuda has a serious shortage of qualified labour and imports labour, placing the local population at a disadvantage, as locals lack the requisite skills and competencies to compete effectively with persons from other Caribbean Community (CARICOM) States who arrive with Skills Certificates. The Government indicates that a draft Education Sector Plan for 2013–18 has been developed, and that one of its strategic goals is to strengthen technical and vocational training in schools. The Plan was later revised in another draft on Education and Training for Economic Advancement for 2021. Finally, the Government indicates that the Ministry of Education conducted technical and vocational training with over 30 teachers in June 2017 to enable them to serve as assessors and trainers in the schools. The Committee requests the Government to provide information on the status of the draft Education Sector Plan and the Education and Training for Economic Advancement for 2021 as well as on the impact of the consultancy on education and training policies. The Committee also requests the Government to provide information on the measures taken or envisaged to coordinate education and training policies with prospective employment opportunities and their impact, if any.

Article 2. Collection and use of labour market information. The Government indicates that the Labour Market Information System is currently being utilized by the Labour Department, but that the statistical website to capture data has not been furnished. The Government adds that the CARICOM has provided a statistical website (Dot.Stat) that requires the fulfilment of 34 indicators separated into three categories: immediate; short-term; and medium-term. The Government indicates that once the file is made available to the Labour Department, it will be in a better position to upload the relevant data to the website. The Committee requests the Government to provide detailed information on the measures taken to improve its labour market information system, including the manner in which the data collected is used in designing, implementing and reviewing employment policy measures. It also requests the Government to supply updated labour market information on the situation, level and trends of employment, unemployment and underemployment, disaggregated by age and sex.

Article 3. Consultation with the social partners. The Government indicates that the appendix to the National Economic and Social Transformation (NEST) Plan provides examples of the manner in which account is taken of the opinions and experiences of the representatives of employers and workers with regard to the formulation and implementation of employment policies. Nevertheless, the Committee notes that the cited appendix is not provided. In addition, the Committee notes that, in the framework of the consultancy to develop a technical and vocational policy for schools, consultations were held with key stakeholders, such as the Ministries of Labour and Employment, the National Training Agency, employers’ umbrella organizations, trade unions, the Chamber of Commerce, representatives of the Youth Council and student representatives. The objectives of these consultations included identifying the labour market needs of Antigua and Barbuda to assess the extent to which current training offerings in the secondary school system is aligned with the country’s economic development needs and reviewing the Technical and Vocational Education and Training (TVET) programme offerings in the schools to determine their alignment with the Caribbean Vocational Qualifications (CVQ) training delivery and assessment processes. The Committee requests the Government to provide concrete examples of the manner in which account is taken of the opinions and experiences of the social partners in the development, implementation and review of employment policy measures and programmes and their coordination with other economic and social policies.

Repetition

Application in practice. In its previous comments, the Committee had, in order to evaluate the manner in which legislation was applied in practice, requested the Government to indicate the different kinds of facilities provided in existing collective agreements, the number of existing collective agreements, the sectors covered and the number of workers to whom they apply. The Committee notes the information provided by the Government indicating subjects included in, and sectors covered by, collective agreements. Recalling that Article 2 of the Convention indicates that appropriate facilities in undertakings should be afforded to workers’ representatives in order to enable them to carry out their functions promptly and efficiently, the Committee invites the Government to indicate the facilities for workers’ representatives provided for in existing collective agreements, the number of collective agreements that exist in the country, and the number of workers to whom each apply.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the Government’s indication that the unions and employers’ federation were consulted regarding the activities and occupations which should be prohibited to persons below 18 years of age. It noted that although a recommendation was made, it was not submitted before the National Labour Board, as it was the Government’s aim to revamp the occupational health and safety legislation. Thereafter, the Committee noted the Government’s statement that the proposed amendments to the provisions of the Labour Code on occupational health and safety have been circulated to Cabinet, but have not yet been adopted. It further noted the Government’s indication that technical assistance was sought in relation to new and separate occupational health and safety legislation.

The Committee notes the Government’s indication in its report that the National Labour Board is currently reviewing the occupational health and safety legislation. The Government states that it has noted the Committee’s comments and that it will act accordingly. The Committee notes with regret that the list of hazardous types of work prohibited for children under 18 years of age has still not been adopted. The Committee therefore once again reminds the Government that Article 3(1) of the Convention provides that the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of young persons, shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Observing that the Convention was ratified by Antigua and Barbuda more than 30 years ago, the Committee urges the Government to take the necessary measures to ensure that a list of activities and occupations prohibited for persons below 18 years of age is adopted in the near future, in accordance with Article 3(1) and (2) of the Convention. It encourages the Government to pursue its efforts in this regard through amendments to the occupational health and safety legislation, and to provide information on progress made. Lastly, it requests that the Government provide a copy of the amendments to the occupational health and safety legislation once adopted.

Repetition

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that the National Labour Board is currently engaged in the revision of the Labour Code. The Committee notes that the Government envisages establishing a subcommittee composed of members of the National Labour Board, along with representatives of workers and employers, to review international labour standards, engage the public in consultations when necessary and to make recommendations to the Minister on actions to be taken. The Committee notes, however, that once again the Government’s report does not contain information with regard to tripartite consultations on the matters related to international labour standards covered by Article 5(1) of the Convention. Recalling its comments since 2008 concerning the activities of the National Labour Board, and noting that section B7 of the Labour Code, which establishes the Board’s procedures, does not include the matters set out in Article 5(1) of the Convention, the Committee once again requests the Government to provide detailed information on the activities of the National Labour Board on matters related to international labour standards covered by the Convention. It further requests the Government to identify the body or bodies mandated to carry out the tripartite consultations required to give effect to the Convention. The Committee reiterates its request that the Government provide precise and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, especially those relating to the questionnaires on Conference agenda items (Article 5(1)(a)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 5(1)(b). Submission to Parliament. The Government reiterates information provided in April 2014, indicating that the 20 instruments adopted by the Conference from its 83rd to its 101st Sessions (1996–2012) were resubmitted to Parliament on 11 March 2014. It adds that a request would be made to the Minister by 15 November 2017 via the Labour Commissioner and Permanent Secretary concerning submission of the instruments to Parliament. The Committee refers to its longstanding observations on the obligation to submit and once again requests the Government to indicate whether effective consultations leading to conclusions or modifications were held with respect to the proposals made to the Parliament of Antigua and Barbuda in connection with the submission of the above-mentioned instruments, including information regarding the date(s) on which the instruments were submitted to Parliament. In addition, the Committee requests the Government to provide information on the content, agenda, discussions and resolutions and on the outcome of the tripartite consultations held in relation to the submission of instruments adopted by the Conference as of 2014: the Protocol of 2014 to the Forced Labour Convention, 1930, and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), adopted by the Conference at its 103rd Session, as well as the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), adopted by the Conference at its 104th Session.

Article 5(1)(c). Examination of unratified Conventions and Recommendations. The Government reports that the unratified conventions noted in its report were submitted to the National Labour Board on 11 November 2017 for re-examination with the social partners. The Committee requests the Government to provide updated information on the outcome of the re examination of unratified Conventions, in particular: (i) the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which is deemed a governance Convention; (ii) the Holidays with Pay Convention (Revised), 1970 (No. 132), (which revises the Weekly Rest (Industry) Convention, 1921 (No. 14); the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), to which Antigua and Barbuda is a State party); and (iii) the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), (which revises the Seafarers’ Identity Documents Convention, 1958 (No. 108), that has also been ratified by Antigua and Barbuda).

Repetition

Articles 4 and 5 of the Convention. In its previous comments, the Committee had requested the Government to take the necessary measures to grant civil servants and their organizations sufficient legal protection against anti-union discrimination and interference, and had requested the Government to provide information on cases concerning anti-union discrimination. The Committee notes the information contained in the Government’s report that there are no cases to report with regard to anti-union discrimination and that the Antigua and Barbuda Constitution grants inalienable rights to citizens. The Committee once again requests the Government to take the necessary measures to grant civil servants and their organizations sufficient legal protection against anti-union discrimination and interference and requests the Government to provide information of any cases concerning anti-union discrimination (especially with respect to the procedures and sanctions imposed).