Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migration for Employment Convention (Revised), 1949 (No. 97) - Anguilla

Article 1 of the Convention. Information on laws and policies. The Committee notes with interest the enactment of the Labour (Relations) Act 2018, which addresses working conditions, including those applicable to migrant workers, and welcomes the inclusion of a specific provision recognizing the particular vulnerability of migrant workers (section 168(4)). The Committee recalls that section 31(1)(e) of the draft Labour Code provided for the establishment of an Advisory Committee to consider and make recommendations on general questions relating to migration for employment and the conditions of migrant workers. However, the Committee observes that this provision was not retained in the Labour (Relations) Act 2018 and further notes the Government’s indication in its report that no Advisory Committee has been appointed to date. The Committee also notes the Government’s statement that the development of labour legislation remains a priority, but that competing demands on limited resources have delayed the implementation. Finally, the Committee notes that no labour migration policy has been adopted. In this respect, the Committee draws the Government’s attention to the ILO Multilateral Framework on Labour Migration which provides principles and guidelines useful to the elaboration and implementation of labour migration policies. The Committee encourages the Government to pursue its efforts with a view to revise and/or adopt up-to-date labour legislation and a labour migration policy in order to give full effect to the Convention, and requests information on any progress made to this end. It also requests the Governmentto indicate any measures taken or envisaged to appoint an Advisory Committee on labour migration issues, and to provide further information on the practical measures currently in place to monitor and report on the conditions of work and livelihood of migrant workers.

Article 5. Entry requirements and medical examination. The Committee notes that section 6(1) of the Immigration and Passport Regulations (as revised in 2022) provides for medical examinations of persons entering Anguilla, and that under section 4(c) of the Immigration and Passport Act, persons certified by a medical officer to be suffering from a contagious or infectious disease which makes their entry dangerous to the community are deemed “prohibited immigrants”. Additionally, the Committee notes that section 4(b) of the same Act provides for the exclusion of persons who are “idiot or epileptic”, “mentally deficient” or “deaf and dumb or deaf and blind or dumb and blind”, unless another person gives security for their permanent support or their removal when required. The Committee considers that the broad wording of these provisions may infringe upon the right of migrant workers not to be discriminated against on the basis of their health or disability status. The Committee wishes to draw the Government’s attention to the fact that refusal of entry or repatriation on the grounds that the worker is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (see 2016 General Survey, Promoting fair migration¸ para. 254). The Committee requests the Government to take the necessary measures to repeal or amend sections 4 (b) and (c) of the Immigration and Passport Act, with a view to ensuring that medical examinations do not result in the refusal of entry or repatriation solely on the basis of a condition that does not affect the worker’s ability to carry out their assigned tasks.The Committee also asks the Government to provide information on the application in practice of these provisions, including the number of persons so prohibited or excluded, indicating the procedure followed to assess whether a worker’s infection or disease can affect the task for which he/she has been recruited leading to refusal of entry or repatriation.

Article 6. Equality of treatment. The Committee notes the Government’s indication that the Ministry is in the process of drafting a Labour (Welfare and Equality) Act designed to address issues of equality and non-discrimination for all workers, including migrant workers. The Government further indicates that migrant workers can lodge complaints through the Department of Labour’s Dispute Resolution Process and, if necessary, appeal to the Anguilla Labour Tribunal. While welcoming these efforts, the Committee notes that the Anguilla Constitution Order was amended in 2019 and contains constitutional protections guaranteeing fundamental rights and freedoms (Chapter I, sections 1 and 13(1)). It observes, however, that section 13(4) provides that section 13(1) “shall not apply to any law so far as that law makes provision […] with respect to persons who are not Anguillan”. The Committee notes that the very general wording of this provision could undermine the principle of equality of treatment and non-discrimination required by the Convention. The Committee requests the Government to take measures with a view to ensuring equal treatment between national and non-nationals in the world of work by abolishing legal distinctions based on Anguillan status and, in this regard, to consider reviewing section 13(4) of the Constitution Order.It also asks the Government to provide information on the number of cases brought by migrant workers before the Labour Tribunal and the grounds for such challenges. Finally, the Committee expresses the hope that the Labour (Welfare and Equality) Act will soon be adopted and requests the Government to provide a copy once this is so.

Equality of treatment – conditions of work. Job mobility. The Committee notes that the Labour (Relations) Act, 2018, extends basic labour standards to migrant workers, and that section 176 affirms work permit holders’ entitlement to all rights and benefits conferred by the Act. Nonetheless, the Committee observes that section 174 (Part 11) of the same Act provides that, where a change of employer is contemplated, the Minister may either: (1) vary the work permit if both the current and the prospective employer consent; or (2) cancel the work permit. The Committee considers that this provision may restrict work permit holders’ ability to change employers freely, potentially reinforcing dependence on a single employer and accordingly indirectly preventing migrant workers from feeling able to enforce their rights (see 2016 General Survey, Promoting fair migration, para. 465). The Committee asks the Government to provide information on the practical application of section 174 of the Labour (Relations) Act, including the number of applications for a change of employers and the reasons for any refusals by the Minister. The Committee also requests clarification on the conditions under which a migrant worker can change employer without having to leave the country.

Equality of treatment – wage deductions and fees charged to the worker. The Committee notes the Government’s indication that the payment of work permit fees by employers is subject to agreement with individual workers. It further observes that, according to section 5(3) of the Work Permit Regulations enabled under section 5 of the Control of Employment Act, an employer may require a prospective employee to pay up to 50 per cent of the fee prior to submitting a work permit application. The Committee also notes that, in accordance with section 10(7) of the Work Permit Regulations, 2023 (made under section 183 of the Labour (Relations) Act, 2018), employees performing skilled or professional work may be required to pay up to 50per cent of the work permit fees. The Committee also notes the findings of the UNICEF study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories, which highlights that non-Anguillans have to pay work permit fees every year to maintain their status or risk losing their temporary residence. (UNICEF and UK Aid, August 2017, p. 18). Recalling that Article 6(1)(a)(i) of the Convention prohibits unequal treatment between nationals and migrant workers with respect to remuneration, the Committee asks the Government to ensure that wage deductions related to work permit fees do not give rise to discrimination. It also requests information on measures taken or envisaged to mitigate the financial burden associated with work permit fees.Finally, the Committee requests information on the specific amount of fee incurred by skilled or professional employees, as well as whether there have been any complaints regarding such deductions.

Equality of treatment – accommodation. Domestic workers. The Committee refers to its previous observation and recalls that unlike local domestic workers or other foreign workers, foreign domestic workers were obliged to reside with their employer, pursuant to paragraph 3 of the standard employment contract. The Government indicates that while no formal statistics are available on the total number of domestic workers, during the reporting period 109 work permit holders were employed as domestic workers, of whom only three were male. The Committee takes due note of the Government’s explanation that only domestic workers hired as live-in caregivers for the elderly and infirm are compelled to live with their employer. However, it observes that section 176(2) of the Labour (Relations) Act excludes domestic workers – in general – from the prohibition of compelling work permit holders to live with their employer, without clarifying any specific protections to ensure that live-in arrangements do not give rise to abusive or exploitative conditions. In this regard, the Committee draws the attention of the Government to the Workers’ Housing Recommendation, 1961 (No. 115). In light of the above, the Committee asks the Government to ensure that any requirement to reside with the employer is limited to cases where this is required by the job to be performed and subject to adequate safeguards. It further requests the Government to indicate whether any steps are envisaged to review or revise section 176(2) of the Labour (Relations) Act. Recalling the continued development of labour legislation, the Committee requests the Government to consider adopting legislative or regulatory standards on accommodation and in-kind payments for migrant workers, so that they are not subject to less favourable treatment than nationals in this regard.

Article 8. Right of no return in the event of incapacity of work. The Committee notes the Government’s indication that, if a permanent resident becomes unfit for work and lacks independent means, the Government (ultimately the Governor’s Office) may revoke permanent residence if the person becomes a public burden. In this regard, the Committee observes that section 26(1) of the Immigration and Passport Act (as revised in 2022) sets out grounds for revoking permanent residence but that neither illness nor injury is listed among them. Furthermore, section 5(h) of the same Act indicates that the holder of a permanent residence permit shall not be considered a “prohibited immigrant”. Recalling that security of residence for permanently admitted migrant workers and their families in cases of ill health or injury is a key provision of the Convention, the Committee emphasizes that, without effective safeguards, permanently residing migrants who become unfit for work may face the constant threat of repatriation. It also recalls that repatriation on the grounds of ill health or injury is explicitly prohibited by the Convention (see 2016 General Survey, Promoting fair migration¸ para. 455). The Committee asks the Government to ensure that, in practice, foreign workers who have been admitted on a permanent basis with their family members do not become deportable because they are unable to follow their occupation due to illness contracted or injury sustained after entry. It requests the Government to provide information on any cases in which such persons have lost their status or have been removed on these grounds.

Practical application and statistics. The Committee notes the statistical information provided by the Government on work permits approved during 2022 and 2023. Please continue to provide statistical data, disaggregated by sex and nationality, as well as by sector of employment and by occupation, on the number of non-Anguillans, with and without a work permit, employed in Anguilla. The Committee also requests the Government to provide information on the manner in which the Convention is applied (for example extracts from labour inspection reports, information on practical difficulties on the application of the Convention, etc.) in accordance with Part V of the report form.