Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Iles Vierges britanniques

Autre commentaire sur C097

Demande directe

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Article 1 of the Convention. Information on migration laws and policies. The Committee notes that section 178 of the Labour Code No. 4 of 2010 provides for the adoption and the annual review of a comprehensive policy on international migration for employment based on the economic and social needs of the Virgin Islands, and taking into account short-term human resources needs and long-term social and economic consequences of migration for Virgin Islanders, belongers (persons born in the territory) and migrant employees. The Committee also notes the provisions under Part X of the Labour Code regarding work permits. The Committee requests the Government to provide a copy of the policy on international migration for employment, as well as any information indicating how contemporary trends in migratory flows have had an impact on the content and application of its national policy and legislation in respect of labour migration.

Articles 2 and 4. Provision of information and assistance and measures facilitating migration for employment. The Committee requests the Government to provide detailed information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention, including services provided by the Labour and Immigration Departments or any other public or private body, with an indication of specific measures to address the concerns of women migrants departing from or arriving in the country.

Article 6. Equality of treatment. The Committee notes the provisions in Parts IV, V and VI of the Labour Code No. 4 of 2010 regarding basic conditions of employment, termination of employment and severance payments and retirement benefits, which apply to both nationals and migrant workers. It also notes that Part VII of the Labour Code regulates equality of treatment, and in particular that section 114(1) and (2)(a) and (b) and section 115(1) and (2) define and prohibit direct and indirect discrimination on the basis of a wide range of grounds including race, sex, religion and nationality, with respect to, among others, recruitment, selection or employment, training, apprenticeship, terms and conditions of employment, and dismissal; sections 113 and 119 define and prohibit sexual harassment; and sections 126 and 127 provide for penalties and remedies in case of violations of the provisions of Part VII. The Committee requests the Government to provide information on the practical application of the provisions in the Labour Code 2010 ensuring non-discrimination, including on the nature and number of any violations addressed by the Labour Commissioner or the Labour Tribunal, or any other competent authorities entrusted with monitoring respect for the principles related to the Convention, and their outcome (penalties imposed and remedies provided). The Committee also asks the Government to include information on any judicial decisions handed down by the courts with respect to the matters enumerated in Article 6(1)(a)–(d) of the Convention.

Article 8. Maintenance of residence in the event of incapacity for work. In the absence of any information on this point, the Committee urges the Government to supply precise information on the legal provisions ensuring that migrant workers admitted on a permanent basis maintain their right of residence in event of incapacity for work and on the practical application of such provisions.

Statistics. The Committee requests the Government to provide statistical information, disaggregated by sex, nationality and migrant status (temporary or permanent), on the number of foreign workers in the British Virgin Islands, indicating, if possible, the economic sectors in which they are employed.