Comments adopted by the CEACR: St Helena

ADOPTED_BY_THE_CEACR_IN 2020

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Part I of the Convention – Statistics relating to wages and hours of work

Parts I –IV of the Convention. Statistics relating to wages and hours of work. The Committee notes the Government’s indication that no changes have taken place since its previous report affecting the application of Parts I through IV of the Convention. In its previous comments, the Committee noted that the Statistical Yearbook 2013–2014 communicated by the Government did not include statistics on hours of work or wages for the economy as a whole or separately for agriculture, mining, or manufacturing, and that statistics on working time and earnings of employees were not regularly submitted to the ILO Department of Statistics via its annual questionnaire. The Committee therefore requested the Government to provide statistical and methodological information on wages and hours of work. In its response, the Government provides its most recent datafile containing its annual analysis of the wages of full-time employees and the corresponding Bulletin setting out the methodology used in compiling this information. The Committee welcomes this information; nevertheless, it notes that while the datafile provides information on the estimated annual minimum wage (derived from hourly rates), it provides no statistics on hours of work or wages for the economy as a whole, nor does it provide statistics separately for agriculture, mining, or manufacturing, as required by the Convention. The data communicated by the Government primarily relates to information on income from employment. Moreover, the Committee notes that statistics on working time and earnings are not regularly submitted to the ILO Department of Statistics via its annual questionnaire. The Committee takes note of the Government’s indication that it is unable to provide all of the statistics requested due to its very limited resources available for statistical work. The Committee requests the Government to continue to provide information on any developments regarding the application of the Convention and to provide the statistics required on the matters covered by Parts II–IV of the Convention to the extent possible. In addition, it reminds the Government that it may avail itself of technical assistance from the Office with respect to collection of the relevant data.

In this context, the Committee recalls the recommendations of the Fourth Meeting of the Standards Review Mechanism Tripartite Working Group in September 2018, confirming the status of Convention No. 63 as an outdated instrument. It therefore encourages the Government to consider ratification of the Labour Statistics Convention, 1980 (No. 160), as the most up-to-date instrument on labour statistics, resulting in the automatic denunciation of Convention No. 63. In this respect, the Committee notes the Governing Body’s decision at its 334th Session (October–November 2018) to place an item on the agenda of the International Labour Conference in 2024 for consideration of the abrogation of Convention No. 63, on the recommendation of the Standards Review Mechanism Tripartite Working Group. The Committee once again reminds the Government of the availability of ILO technical assistance in relation to the application of the Convention.

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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.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Labour inspection: Convention 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 113th 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 encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to St Helena. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Articles 1 and 4 of the Convention. Organization and functioning of a labour inspection system. The Committee notes the Government’s reiterated indications in its report that there has been no progress with regard to the development of a labour inspection system in St Helena. The Government states that, however, the functions of labour inspectors are delivered by different public authorities, particularly the Labour Regulating Authority (LRA) and the Employment Rights Committee. The Chief Magistrate, who chairs the LRA, acts independently to hear grievances from employees. It also indicates in its report and supplementary information that a Health and Safety Working Group has been established with an aim to ensure that adequate institutional arrangements with supporting systems and processes are in place to protect and promote the health and safety of the people in St Helena, including the health and safety of employees. The Committee also notes the Government’s indication in its report under the Labour Administration Convention, 1978 (No. 150), that the LRA is concerned with the low number of cases received (four cases during a 12-month period), and that private sector employees seem reluctant to take grievances to the LRA. The Government further indicates its intention to appoint inspectors. However, it also states that it remains a challenge given the small size (population of 4,700, economic active population of 2,800 and 194 registered companies) and remoteness of St Helena. 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 requests the Government to provide information on the number of persons responsible for the control of conditions of employment, as well as their activities, including the powers exercised under Article 4 as well as action taken on complaints from workers and investigation of accidents or deaths involving workers. It also requests the Government to provide detailed information on the activities of the Health and Safety Working Group in the field of occupational safety and health. The Committee finally requests the Government to continue providing information on the activities of the Labour Regulating Authority, including the number of cases received and resolved and the number of inspections undertaken (if any), as well as their results.

Article 2. Training of labour inspectors. The Committee previously noted the Government’s indication that upon the final decision with regard to the entity responsible for labour inspection, relevant training would be arranged for the staff entrusted with labour inspection functions. It notes the Government’s statement that at present, there are no labour inspectors, but that it intends to appoint inspectors in the future. The Committee requests that the Government provide information on the measures taken to ensure that appropriate training is provided to persons responsible for labour inspection, including any new inspectors appointed, and the results of these measures (including number of persons that were trained, dates of training, subjects covered and duration).

Labour administration: Convention No. 150

Article 6 of the Convention. Restructuring of the labour administration services. Activities of the bodies entrusted with labour administration functions. The Committee previously noted the ongoing restructuring of the labour administration services. The Committee notes the organizational chart of the government structure submitted with the Government’s report in response to the Committee’s previous request. The Committee also notes the Government’s indications in its report and its supplementary information regarding the activities of bodies with responsibility of labour administration: (i) the Education and Employment Directorate has a strategic priority to work through the Community College to provide opportunities for training and development to meet the needs of the people and the economy, and establishes targets in this respect ; (ii) the Corporate Human Resources Department is developing a five-year Workforce Plan to ensure the identification of skills, roles and competencies in need; (iii) the Education and Employment Committee (previously the Education Committee) is responsible for the development of policy and legislation relating to employment rights (following the amendment, in 2020, to the Council Committees (Rules of Procedure) Order of 2010)); and (iv) the LRA continues to receive grievances from employees. The Government also indicates in its supplementary information that, following the amendment in 2020 to the Employment Rights Ordinance of 2010, the number of personnel of the LRA increased from one to three. The Government further indicates that the Labour Market Strategy for 2020–2035 is adopted. 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. The Committee also requests the Government to provide further information regarding the implementation and review of the Labour Market Strategy 2020–2035.

Article 10. Status and conditions of service of the staff of the labour administration system. The Committee notes the Government’s indication in response to its previous comments that all staff employed by the St Helena Government are governed by the Code of Management. It also notes the attached Statement of Particulars as the employment terms of government staff. The Government states that technical cooperation personnel and consultancy services may be employed if needs cannot be fully met from locally available resources and human capacity, subject to relevant legislation, the Code of Management and other agreed terms and conditions of the Government. The Committee further notes the attached terms and conditions of service for technical cooperation officers. The Committee requests the Government to continue to provide information on the measures taken to ensure that the 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, all in accordance with Article 10 of the Convention, and to indicate the number of technical cooperation personnel engaged in work of labour administration and the needs they are engaged to meet.

[The Government is asked to reply in full to the present comments in 2022.]