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

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

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.

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

Article 1 of the Convention. Information on laws and policies. The Committee notes that a new draft Labour Code is expected to be enacted in the course of 2018. It notes that section 168(4) of the draft Code provides that the “Ministry recognizes that persons employed on work permits represent a group of persons with special vulnerabilities and will endeavour to ensure that such persons are treated fairly and are protected in accordance with labour laws and policies”. Part 15 of the draft Code regulates work permits and section 31(1)(e) provides that the Minister may appoint an Advisory Committee for a term not exceeding five years to consider and recommend general questions relating to migration for employment and the conditions of migrant workers. The Committee requests the Government to provide information on any developments with respect to the enactment of the new Labour Code, including on any steps taken to appoint an Advisory Committee and on any recommendations made by it regarding the employment and conditions of migrant workers. Recalling further that the Labour and Immigration Policy was being revised, the Committee also asks the Government to indicate any developments in this regard and to provide a copy of the new labour migration policy, when adopted.

Article 6. Equality of treatment. The Committee notes that, pursuant to section 181(5) of the draft Code, a work permit holder is entitled to all the rights and benefits conferred by the Code and any condition of employment that is inconsistent with the Code is void. The Committee further notes the provisions of Part 11 of the draft Labour Code regarding equality of treatment in employment. It notes in particular that draft sections 109(1)(b) and 110 define and prohibit discrimination in employment and occupation, including on the basis of any characteristic which pertains generally or is generally imputed to persons of a particular race, sex, religion and nationality, among other grounds. It also notes that sections 1 and 115 define and prohibit sexual harassment. The Committee hopes that the draft Labour Code will soon be adopted and asks the Government to provide information on the measures taken to ensure that the rights and guarantees regarding equality and non-discrimination provided for by the Code, once adopted and entered into force, are implemented in practice with respect to migrant workers, and to indicate whether specific procedures exist to support or assist migrant workers in accessing justice in the case of labour disputes concerning unequal treatment.

Equality of treatment – wage deductions and fees charged to the worker. The Committee notes section 51(2) of the draft Labour Code which provides that “except for work permit fees, an employer shall not seek to recover from an employee, whether by way of deduction from wages or otherwise, any sum or fee incurred in relation to the recruitment of the employee, including visa fee or security bond”. Subject to the direction of the Labour Commissioner and after consultation with the employee, an employer may deduct a reasonable amount of wages to cover no more than 50 per cent of the amount of the work permit fee (section 51(3)). The Committee recalls that Article 6(1)(a)(i) of the Convention prohibits unequal treatment between nationals and migrant workers with respect to remuneration. The Committee requests the Government to provide information on the amount of the work permit fee incurred, and to clarify whether the work permit fee is charged to the worker or the employer and for what purpose (including costs covered).

Domestic workers. The Committee notes that section 181(2) of the draft Code provides that “except for domestic workers, a work permit holder shall not be compelled to live with his employer”. Domestic workers are not obliged to stay with their employer during periods of weekly rest and holidays (section 181(3)). The Committee asks the Government to provide information on the number of men and women domestic workers in Anguilla – distinguishing between permanent residents, belongers (persons born in the territory) and work permit holders – and to indicate the reasons why domestic workers with a work permit are compelled to live with their employer, except during periods of weekly rest and holidays.

Article 8. Right of no return in the event of incapacity of work. Given that legal difficulties persist in a number of member States relating to the maintenance of residency rights of permanently admitted migrants (see General Survey on fair migration, 2016, paragraphs 449–455, and 533), the Committee requests the Government to provide information on: (i) the number of migrant workers admitted on a permanent basis in Anguilla or the number of non belongers that have permanent residence; and (ii) the practical application of maintenance of right of residence in the event of unfitness for employment of migrant workers admitted on a permanent basis.

Practical application and statistics. The Committee notes the statistics provided by the Government on the number of work permits approved between 2013 and 2017. It notes that 1,108 work permits were approved in 2016, including 424 for women. The Committee requests the Government to 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-belongers, with and without a work permit, employed in Anguilla. It also asks 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that the enactment of a new Labour Code, which would cover migrant workers, is envisaged by December 2013. The draft Labour and Immigration Policy 2008 is also being revised. The Committee requests the Government to supply copies of the Labour Code, once enacted, indicating the relevant provisions applying the Convention, as well as copies of the revised Labour and Migration Policy, which it hopes will be in conformity with the Convention.

Information on migration flows. The Committee notes from the Government’s report that the number of work permits issued to migrant workers decreased from 3,528 in 2008 to 1,383 in 2011 and 768 in 2012 (until July). The construction and transportation sectors represented one third of all permits issued (253) followed by services (197) and professional and technical occupations (144). In 2012, 481 permits were issued to male migrants and 287 permits to female migrants. The large majority of work permits were issued to migrants originating from Caribbean countries. The Committee asks the Government to continue to provide statistical data disaggregated by sex and country of origin, on the number and type of work permits issued to male and female migrant workers and on the sectors in which they are employed.

Article 6. Equality of treatment. The Committee notes the Government’s statement that data on inspections show that migrant workers continue to receive the same benefits as nationals with respect to conditions of work, wages, social security, and access to legal procedures. It also states that approximately 90 per cent of complaints are being resolved by the Labour Department. Unresolved complaints are forwarded to the Minister with a view to achieving voluntary settlement. Please continue to include information on labour inspection activities and the number and nature of complaints submitted to the courts, the Labour Department and the Minister, and their outcome, regarding less favourable treatment in respect of the matters set out in Article 6(1)(a)–(d) of the Convention.

Part V of the report from. Practical application. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied (e.g. 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Legislation and policies covering migrant workers. The Committee notes the Government’s indication that the employment of migrant workers in the private sector is governed by the Control of Employment Ordinance, the Fair Labour Standards Ordinance, the Social Security Ordinance, the Workmen’s Compensation Ordinance and the Trade Union Ordinance. Migrants recruited for the public sector are governed by the General Orders, the Public Service Commission Regulations and the Social Security Ordinance. However, with the exception of Fair Labour Standards Ordinance, the Office is not in possession of copies of the abovementioned legislation. The Committee further notes the existence of a draft Labour Code and the development of a draft Labour and Immigration Policy in 2008. The Committee would be grateful if the Government would supply copies of the missing legislation with a specific indication of the relevant provisions applying the Convention. It also asks the Government to provide information on any developments regarding the adoption of the draft Labour Code and the draft Labour and Migration Policy, which it hopes will be in conformity with the Convention.

Information on migration flows. The Committee notes from the Government’s report that since the last reporting period, the number of work permits issued to migrant workers increased considerably from 783 in 2002 to 3,799 and 3,528 in 2007 and 2008, respectively. The construction and transportation sectors represented one third of all permits issued. The Committee asks the Government to continue to provide statistical data disaggregated by sex and country of origin, on the number and type of work permits issued to male and female migrant workers and on the sectors in which they are employed.

Article 6. Equality of treatment. The Committee notes the Government’s statement that labour inspectors are responsible for verifying compliance with the wages and other benefits set out in the employment legislation. It also notes that migrant workers can submit complaints to the Labour Department. The Committee requests the Government to provide information on any measures taken to ensure that migrant workers are treated, in practice, on an equal footing with nationals with respect to the matters set out in Article 6(1)(a)–(d) of the Convention, and in particular with respect to working conditions and wages, social security, work-related tax and access to the justice system. Please continue to include information on labour inspection activities and complaints submitted to the courts or the Labour Department.

Article 8. Non-return of permanent migrant workers in the event of incapacity to work. The Committee would be grateful if the Government would supply information on the practical application of maintenance of the right of residence in the event of incapacity for employment of migrant workers holding a permit of permanent residence (PPR).

Part V of the report form. Practical application. The Committee requests the Government to continue to provide information generally on the manner in which the Convention is applied (e.g. 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. The Committee accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. The Committee accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report.

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration for employment have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations adopted in this area together with up-to-date information on its emigration and immigration policy. The Government is also asked to indicate the impact of current trends in migration flows on the content and implementation of its national policy and legislation in this field.

2. In view of the growing role of private agencies in international migration, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with the recruitment, placing and conditions of labour of migrants for employment. If so, please indicate any measures taken or envisaged to regulate the activities of such agencies or to encourage self-regulation so as to protect migrant workers against any abuse.

3. The Committee requests the Government to provide information on migration for employment from and to Anguilla and to continue to provide information on the application of the Convention, as required by Part V of the report form.