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Comments adopted by the CEACR: Antigua and Barbuda

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
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.

C135 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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.

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
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.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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).
The Committee expects that the Government will make every effort to take the necessary action in the near future.

C151 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
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).
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Adopted by the CEACR in 2020

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3(2), 10 and 16 of the Convention. Additional duties entrusted to labour inspectors. Number of labour inspectors and frequency of labour inspection visits. In its previous comments, the Committee noted a decrease in the number of labour inspections performed. It also noted that, according to the job description communicated by the Government, labour inspectors were assigned to carry out additional functions in the Labour Department, including those assigned by the Labour Commissioner or the Deputy Labour Commissioner. It requested information on any additional functions entrusted to labour inspectors.
The Committee notes the Government’s indication in response to the Committee’s previous request that there are currently seven labour inspectors, including one supervisor, and that this is sufficient to secure the effective discharge of their duties. The Government states that only one inspector has been extensively trained on occupational safety and health (OSH). The Government also indicates that inspections are conducted through proportional probability sampling with all firms in all sectors. According to the Government, labour inspectors occasionally provide advice on labour relations issues, but significant issues in this domain are mostly referred to the functional areas of the Labour Department charged with such issues. The Government states that there are no other duties that interfere with the performance of primary duties of the inspectors. Taking note of the Government’s indication, the Committee recalls that, in accordance with Article 3(1)(b) of the Convention, any advice given to employers or workers should be focused on the most effective means of complying with the legal provisions. The Committee requests the Government to continue to provide information on the manner in which it ensures that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including further information on the methodology and criteria used for determining inspection priorities and specific information on OSH-related inspection strategies. It requests the Government to provide statistical information on labour inspection, including the number of visits undertaken and the outcome of these inspections. In addition, it requests the Government to supply a copy of the current standard job description for labour inspectors as well as the organizational chart of the Labour Department.
Article 5(a). Cooperation between the labour inspection services and other government services. The Committee notes the Government’s indication, in response to its previous request on cooperation with the Ministry of Health, that no measures have been taken to develop cooperation between the labour inspectorate and the Ministry of Health, but that it plans to take measures soon to establish a structure for cooperation between them. The Government indicates that there are cases in practice where the labour inspectorate refers relevant issues to the Ministry of Health for their action, such as when health risks are detected. However, it indicates that there is no further dialogue or collaborative training. The Committee requests the Government to continue to provide information on the cooperation developed between the labour inspectorate and the Ministry of Health, including the structure of cooperation established and the activities undertaken, as well as information on any cooperation with other government services engaged in similar activities.
Article 5(b). Collaboration with employers’ and workers’ organizations. The Committee notes the Government’s indication, in response to the Committee’s previous request on the labour inspectorate and the National Labour Board, that all inspectorate issues are taken to the Board by the Labour Commissioner. It notes in this respect that the Labour Commissioner acts as executive secretary for the tripartite Board (pursuant to division B5(3) of the Labour Code). The Committee takes note of this information.
Articles 6 and 7. Status and conditions of service. Qualifications of labour inspectors. In its previous comments, the Committee noted that there are two categories of labour inspectors: established inspectors whose remuneration is paid in accordance with the public service wage scales, and non-established inspectors. It noted the Government’s indication that the measures proposed in the context of a reform of the civil service included the recruitment of labour inspectors on the basis of their qualifications and competencies.
The Committee notes the Government’s indication, in reply to its previous request, that there is no new legislation governing the recruitment, status, conditions and service of labour inspectors and that the planned civil service reform was discontinued in 2014. The Government indicates that there is a proposed salary increment document under consideration for varying positions in the Labour Department, including labour inspectors. With respect to the Committee’s previous request concerning wage scales of labour inspectors, the Government indicates that public officers exercising similar functions, such as field auditors of the Inland Revenue Department, have substantially higher proposed annual salaries. The annual salaries range for labour inspectors is from $27,648 to $30,492 Eastern Caribbean dollars, while Inland Revenue field auditors annually earn salaries ranging from $40,536 to $44,772. The Government states that the rational for such a salary disparity is unclear but that there is no indication of a possible review in near future. In addition, the Government indicates that measures to provide training for labour inspectors will be put in place by the Labour Commissioner. The Committee requests the Government to indicate if there continue to be two categories of labour inspectors, and if so, to provide information on the recruitment (including required qualifications and competencies), status, and conditions of service of both established and non-established labour inspectors. Noting the Government’s indication that there is a substantial salary disparity between labour inspectors and other public officers with similar functions, the Committee urges the Government to provide information on any measures taken or envisaged to review and upgrade status of labour inspectors. Lastly, the Committee requests the Government to provide information on the training provided to labour inspectors, including the subjects covered and the number of participants.
Articles 17 and 18. Legal proceedings and penalties. Noting an absence of information in reply to its previous request, the Committee requests the Government to provide statistical information on the number of warnings issued by labour inspectors and the number of prosecutions initiated.
Articles 20 and 21. Publication and communication to the ILO of annual labour inspection reports. The Committee previously noted the Government’s indication that the Labour Market Information System (LMIS) would facilitate the development of the annual labour inspection report process. The Committee notes the Government’s indication that the LMIS is currently operational, but there are certain limitations. The Government indicates that an alternative mechanisms (DotStat) developed by CARICOM has been utilized to capture some data which cannot be accessed through the LMIS. The Committee once again requests the Government to ensure that annual labour inspection reports containing full information on the activities of the labour inspection services as required under Article 21(b)–(g), are published and transmitted to the ILO. It requests the Government to continue to provide information on measures taken in this respect, and, pending the publication of the annual report, to transmit available statistical information.

Adopted by the CEACR in 2019

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Promoting the application of the principle. In its previous comments the Committee requested the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. It also requested the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Directorate of Gender Affairs (DGA). The Committee notes the Government’s indication that, despite limited resources, the DGA has made a significant effort to undertake promotional activities, such as the consistent use of social media, or print and electronic media, to create awareness and address issues related to equal remuneration (along with other issues affecting women in the workforce), as outlined in its 2018–22 Action Plan. The Committee notes the recommendations made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, that the State, in collaboration with the media, should expand public education programmes on the negative impact of discriminatory gender stereotypes on the enjoyment by women and girls of their rights, with a view to eliminating stereotypical attitudes and tolerance of gender-based violence against women and girls (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 26(b)). The Committee asks the Government to continue to provide detailed information on concrete measures adopted, in particular through the media, to promote the application of the principle of equal remuneration for men and women for work of equal value, and to indicate the goal and target audience of these awareness campaigns.
Determination of rates of remuneration. Previously, the Committee, noting that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability, urged the Government to indicate the specific manner in which it ensured that, in determining wage rates in collective agreements, the work performed by women was not being undervalued in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias. The Committee notes the Government’s indication that trade union representatives negotiate decent wages for employees (free from gender bias), based on the value assigned to the type of work to be done. Further, upon consultation with the Labour Department on issues relating to pay increase for employees, recommendations are made to companies based on trends in that particular market segment and the categories of work as opposed to gender. Recognizing however that, there are no measures in place to ensure that companies, when determining remuneration (including wage increases), use methods and criteria free from gender bias, the Government requests the assistance of the ILO to ensure that the determination of remuneration in the private and public sectors is done without discrimination based on the sex of the worker. In that regard, the Committee wishes to recall that Article 3 of the Convention does not prescribe any specific method of objective job evaluation. Recalling that whatever methods are used, it is important to ensure that, not only the factors selected for comparison are objective (such as skill, effort, responsibilities and working conditions), but that the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee hopes that the technical assistance requested by the Government will be provided in the near future with a view to ensuring that in determining wages (including wage increases) the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.
Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. It considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. The Committee requested the Government to indicate the specific criteria used for the classification of posts under the different grades and for the determination of the corresponding earnings. It also requested the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received. The Committee notes the Government’s indication that there has been no recent issuance of remuneration orders by the Minister authorizing allowances for certain categories of officers. This process was done through collective bargaining since 2007 for varying categories of employees in the service. The Committee notes the Government’s statement that the classification of posts under different grades of employment and the determination of the corresponding earnings reflect that there is no evidence of gender bias in the civil service, as civil servants are classified and remunerated based on their qualifications, competencies and skills. The Committee needs to emphasize, however, that a non-discriminatory classification is necessarily based on the implementation of a method and the application of set criteria in order to ensure a result free from gender bias. The Government failed to indicate the method used and criteria applied. In these circumstances, the Committee is unable to assess the non-discriminatory nature of the rates of pay and allowances in the civil service. In view of the above and the fact that the Government is requesting the technical assistance of the Office regarding the determination of rates of remuneration free from gender bias, the Committee asks the Government to provide detailed information on the result of the assistance provided in that regard. In the meantime, the Committee asked the Government to provide copies of the list of civil service positions as well as copies of any relevant collective bargaining agreement signed and implemented.
Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government: (1) to provide the results of the census carried out by the public sector transformation unit, among public sector employees, with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties; and (2) to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee notes the Government’s indication that the census carried out under the public sector transformation initiative was incomplete and the overall project discontinued, including the job evaluation exercise. The Committee also notes the Government’s statement that there are no measures in place or envisaged to promulgate an objective job evaluation based on the work to be performed in the private sector but that it will seek the technical assistance of the Office in this regard. The Committee takes note of this information. Noting that the Government is requesting the assistance of the ILO regarding objective job evaluation, the Committee asks the Government to keep it informed of the progress achieved towards the adoption of such a method for the public service. It also requests the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.
Article 4. Cooperation with workers’ and employers’ organizations. In previous comments, the Committee requested the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value had been addressed, and if so, the result of such discussions. It also requested the Government to indicate whether and how the National Labour Board and the Social Economic Council had given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners had been undertaken to promote the application of the principle of the Convention, and the results achieved. The Committee notes the Government’s statement that equal remuneration for men and women for work of equal value has never been addressed in the context of the Labour Matters programme but that it will be included in the programme in 2018; and that there has been no cooperation or joint activities of the Government and the social partners concerning the principle of the Convention. The Committee emphasizes the important role of workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation processes provided for in the Convention, as well as in the Equal Remuneration Recommendation, 1951 (No. 90), can assist the Government in ensuring that the measures taken or envisaged enjoy wide support and that policies are effectively implemented (see 2012 General Survey, paragraph 858). The Committee asks the Government to provide information on any form of cooperation or joint activities of the Government and the social partners with a view to promote equal remuneration for men and women for work of equal value. It also asks the Government to indicate if this principle has been promoted in the context of the “Labour Matters” programme and to provide detailed information on the manner in which it was addressed.
Enforcement. In view of the absence of complaints or cases related to sex discrimination with respect to remuneration, the Committee previously asked the Government: (1) to indicate the authorities responsible for the enforcement of the principle of the Convention, and how such enforcement had been undertaken in practice; and (2) to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors. The Committee notes that the Government states that the inspectorate and conciliation unit of the Labour Department are responsible for the enforcement of the principle of the Convention but that there has been no reported cases of violations of section E8(1) of the Labour Code. The Government adds that the issue of equal remuneration will be discussed by the Labour Department on the 2018 edition of the Labour Matters programme. In view of the above, the Committee wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the labour inspectorate and the courts.
Statistics. The Committee previously noted that the Labour Department was in the process of implementing a Labour Market Information System (LMIS). The Committee asked the Government: (1) to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings; (2) to indicate the progress made in this respect; and (3) to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Government’s indication that, although the LMIS produces statistical data on the distribution of men and women in the various occupations and sectors of the economy, it is not possible to report on any progress made and to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Labour Force Survey Report 2015 published on the website of the Antigua and Barbuda Statistics Division, which shows that women represent 53.1 per cent of the labour force (26,207 women for 23,100 men) but have a slightly higher unemployment rate (14.5 per cent against 12.9 per cent for men). Women were generally over-represented in the service sector, while men were significantly more likely to work in goods producing industries. According to the report, there was relative gender parity among managers (1,708 female managers (representing 7.6 per cent of the female employed population) and 1,634 male managers (representing 8.1 per cent of the male employed population)). However, the report does not give any indication about the gender pay gap at the manager or any other levels. Women were more likely to work part-time and many of them were unavailable to work additional hours because of family responsibilities. The Committee also notes, from the 2019 concluding observations of CEDAW, that it recommended evaluating, with statistical data disaggregated by sex, the extent of gender-based discrimination in the workplace, including with regard to wages in both the public and private sectors and sexual harassment, in order to implement measures to address the gender pay gap and to inform the development of the national policy on sexual harassment in the workplace (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 37(d)). The Committee requests the Government to provide detailed information on the distribution of men and women in the various occupations and sectors of the economy. The Committee also asks the Government to provide information on the progress made towards integrating the wage range for varying sectors in the statistical data, and the nature and evolution of the gender pay gap.

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975 did not give full legislative expression to the principle of the Convention. Noting that the National Labour Board had reviewed the Labour Code and that a report had been submitted to the relevant authority for action, it requested the Government to report on the progress made in this regard. In its report, the Government indicates that it is envisaged that the revised text of the Labour Code will set out the principle of equal remuneration for men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but of equal value. Upon revision by the National Labour Board, the upgraded text of the Labour Code will be subject to amendment after the process of public consultation is completed. The Government adds that the National Labour Board will ensure that the Labour Code does not contravene this Convention. The Committee requests the Government to provide information on the progress made towards the amendment of the Labour Code to give full legislative expression to the principle of the Convention and, in the meantime, on any measures taken or agreements and policies adopted providing for equal remuneration for men and women for work of equal value.
Remuneration. In its previous comments, the Committee noted the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” in sections A5, C3, C4(1) and E8(1) of the Labour Code. It noted that, while the definition of “gross wages” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. It noted the Government’s indication that the terms “wages”, “gross wages” and “remuneration” were used interchangeably in practice, but emphasized that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the ongoing review of the Labour Code, the Committee requested the Government to ensure that the revised text would harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” in accordance with Article 1(a) of the Convention. The Committee notes the Government’s indication that the National Labour Board will consider a definition for the term “remuneration” (as opposed to the interchangeable use of the terms “wages” and “gross wages”), which will cover not only the ordinary, basic or minimum wage or salary, but also any additional emoluments payable directly or indirectly, whether in cash or kind, by the employer, in accordance with Article 1(a) of the Convention. This will ensure that there is no potential for confusion. The Committee requests the Government to provide information on the progress made in the amendment of the Labour Code in order to include a clear definition of remuneration in accordance with Article 1(a) of the Convention.
The Committee is raising other matters in a request directly addressed to the Government.

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination on the basis of national extraction and social origin in the national Constitution and the Labour Code. The Committee has been asking the Government to ensure that workers are protected in law and in practice against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result in or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. The Government indicates in its report that the process of revising the Labour Code is still ongoing and the National Labour Board is currently considering provisions aimed at defining and prohibiting direct and indirect discrimination, as well as including all grounds of discrimination, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Government adds that, once finalized, these proposals will be made available for public consultation. The Committee firmly hopes that the amendments to the Labour Code will be adopted in the near future and will include specific provisions ensuring and promoting the protection of workers against direct and indirect discrimination in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in Article 1(1)(a) of the Convention.
Article 2. General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Equality for men and women. Access to education, vocational training and employment. In its previous comments, the Committee urged the Government to take concrete steps to collect, analyse and provide statistical information, disaggregated by sex, on the participation of men and women in education and the various vocational training courses offered, as well as statistics on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urged the Government to provide detailed information on recent initiatives to promote women’s participation in courses and jobs traditionally held by men, including up-to-date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education. The Committee notes the Government’s indication that a comparative analysis was done on the participation of men and women in various vocational training courses in institutions such as the Ministry of Education, the Antigua and Barbuda Institute of Continuing Education (ABICE), the Antigua State College (ASC), the Directorate of Gender Affairs, the Antigua and Barbuda Hospitality Training Institute (ABHTI), the Department of Youth Affairs (DYA) and the Gilbert Agricultural Rural Development (GARD) Centre. The Government states that statistics indicate that there is still a striking disparity in the participation of women in professions traditionally occupied by men. However, women are slowly participating to a greater extent in technical and skilled occupations. It is envisaged that the institutions mentioned above will endeavour to engage in strategic planning that will encourage more women to access training so as to enter technical professions which are traditionally occupied by male workers. Currently, most institutions are actively involved in open-day activities geared towards attracting persons to the programmes provided and in spending time in counselling persons to access the training that best suits them. However, the Government states that there is little initiative specifically designed to encourage women to participate in areas traditionally dominated by men. The Committee notes that in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended adopting effective measures to combat horizontal and vertical occupational segregation in both the public and private sectors, including through professional training and incentives for women to work in traditionally male-dominated fields of employment (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraphs 36(a) and 37(a)). The Committee asks the Government to provide statistics, disaggregated by sex, on the participation of men and women in education at all stages and the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee hopes that the Government will be in a position to provide information in its next report on the manner in which it promotes women’s participation in courses and jobs traditionally held by men.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Scope of protection. In its previous comments, the Committee asked the Government to identify the specific steps taken to ensure that established employees of the Government, persons in the naval, military or air force, and in the police force obtain effective protection against discrimination in law and in practice. It asked the Government to provide copies of relevant collective agreements covering these workers, as well as any judicial or administrative decisions regarding cases of discrimination against these workers, invoking article 14(3) of the Constitution or the principle of the Convention. The Committee notes the Government’s indication that no such specific steps were taken as there are not many reported instances where discrimination is evident. Established workers are governed by the Civil Service Act (1984) while military personnel are ultimately governed by the Constitution of Antigua and Barbuda. The Police Act, Cap 330 Vol 7 and 12, section 3, provides guidance to the Royal Antigua and Barbuda Police Force on issues of discrimination. Further, there are no collective agreements covering these categories of workers. The Committee notes that the Government does not mention any recent judicial or administrative decisions regarding cases of discrimination. In that regard, it wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee firmly hopes that the Government will promote an effective mechanism to ensure that all established employees of the Government, including persons in the naval, military or air force, and in the police force, obtain effective protection against discrimination in law and in practice. It asks the Government to identify the steps taken in this regard.
Articles 1 and 2. Non-nationals. In its previous comment, the Committee urged the Government to provide specific information on the practical measures taken, in the context of a national equality policy, to ensure that migrant workers, independent of their legal status, are protected against discrimination based on all the grounds prohibited under Article 1(1)(a); and to take steps to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the migrant population, and to report on the progress made in this regard. The Committee notes the Government’s statement that protection against discrimination of migrant workers has not been considered in the context of a national equality policy at this time and that, therefore, there are no practical measures implemented. According to the Government, the National Labour Force Survey, conducted in 2015 by the Statistics Division, does not suggest that there is a discriminatory effect on the employment opportunities of the migrant population. The Government indicates that it continues to honour its commitments under regional and international treaties. In that regard, the Committee wishes to recall that the intersection between migration and discrimination should be addressed in the context of the Convention, as migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender or religion (see 2012 General Survey, paragraph 776). While noting the information provided by the Government, the Committee asks the Government to make all efforts to ensure that migrant workers, independent of their legal status, are protected in practice against discrimination based on all the grounds prohibited under Article 1(1)(a) of the Convention. It asks the Government to provide information regarding any measures adopted or envisaged in this regard.
Statistics. The Committee previously asked the Government to indicate the progress made regarding the implementation of the labour market information system (LMIS), and to provide information on the employment of men and women in the various sectors and occupations, including in the public and private sectors. It notes the Government’s indication that the LMIS is currently in operation. In agreement with the Caribbean Community (CARICOM), the prerequisites to populate the system and to provide information on the employment of men and women in the various sectors and occupations in the public and private sectors will be done on a phased basis. Upon completion, the information will become available to the ILO. The Committee hopes that the Government will be in a position to provide information in its next report on the employment of men and women in the various sectors and occupations, including in the public and private sectors.

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 5 of the Convention. Formulation and implementation of education and training policies and programmes. Lifelong learning. In its previous comments, the Committee requested the Government to provide information on the formulation and implementation of vocational training and vocational guidance policies and programmes, as well as on the practical application of the Convention. The Government reports that the National Training Agency (NTA), the entity responsible for implementation of the national vocational education and training policy, inaugurated a draft Technical and Vocational Education and Training (TVET) policy, in conjunction with the ILO. Subsequently, a consultant was engaged by the Ministry of Education to develop the national TVET policy. The consultant used the contents of the draft initiated by the NTA and presented a report to the relevant stakeholders in May 2017. Subsequently, in January 2018, consultations were held in which the consultant presented a draft of the national TVET policy and accompanying action plan to the stakeholders for discussion. Concerns were expressed by the stakeholders regarding responsibility for implementing the policy, given that the tenures of the NTA members were coming to an end in March 2018. The Committee notes that the Minister of Labour was expected to appoint a new NTA board. The Committee notes that the draft policy dated May 2017, communicated together with the Government’s report, sets out the background and objectives of the review of the TVET system between 2017 and 2018, indicating that the main goal of the policy is to provide a framework to strengthen and maintain a quality TVET sector in the country. The situation analysis undertaken in the context of this review revealed a number of challenges, including gender stereotyping in skills development. The Committee notes that this information was used to develop a gender-responsive draft TVET policy and action plan. It further notes that, according to the draft national policy of May 2017, the policy is underpinned by a set of values and principles, including equity, accessibility, responsiveness, sustainability, adaptability, quality, inclusiveness and relevance. To achieve its objectives, the policy is centred on the themes of quality assurance, governance and management, partnership and collaboration, sustainable financing, lifelong learning, training and certification, marketing and promotion and labour market information. In respect of training for the TVET sector, the Government indicates that, in June 2017, technical and vocational training was provided to over 30 (thirty) teachers, conducted by the Ministry of Education and facilitated by specialists from Trinidad and Tobago. The Committee requests the Government to provide information as to whether the members of the NTA board have indeed been appointed as planned. The Committee further requests the Government to provide updated information on the finalization and adoption of the National Technical Vocation and Education policy and to provide a copy once it is adopted. It also requests the Government to communicate updated information on the status and activities of the NTA. The Government is also requested to provide detailed information, including statistics disaggregated by sex and age, on the impact of vocational guidance and training policies and programmes on access to lasting employment. The Committee further requests the Government to indicate the manner in which it is ensured that vocational guidance, training and lifelong learning are available to all young persons and adults, including specific groups of workers that may encounter obstacles in entering or remaining in the labour market, such as women, young persons, older workers, persons with disabilities and the long-term unemployed.

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Antigua and Barbuda, respectively, on 18 January 2017 and on 8 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Cadets. In its previous comment, the Committee noted the Government’s indication that cadets are to be regarded as seafarers except for German students “covered by the German law on this subject and who are not paid a salary by the shipowner and who have a training contract with the maritime university” (as well as German school pupils who are occasionally carried on a ship for a short work familiarization period as defined by German law). The Committee notes the Government’s indication that the determination of status of German students/cadets was made in line with the determination made by the German Government who will have conducted consultation with appropriate bodies. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets, including cadets from a foreign country but who are training on ships flying Antigua and Barbuda’s flag, are to be regarded as seafarers for the purpose of the Convention. The Committee therefore requests the Government to adopt the necessary measures to ensure that all students undertaking their shipboard training and sea service period, as well as school pupils, are regarded as seafarers for the purpose of the Convention. The Committee is certainly aware of the reported and anticipated shortage of qualified officers to effectively man and operate ships engaged in international trade and the difficulties encountered to ensure that cadets meet the minimum mandatory seagoing service which forms part of the requirements prescribed in the Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for certification. In these circumstances, the Committee recalls that, as foreseen in Article VI, paragraph 3, of the Convention, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to cadets where needed, in accordance with the Convention.
Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee noted that Circular 2012-010 on the “application of the Maritime Labour Convention, 2006 to small local commercial vessels operating in Antigua and Barbuda” exempts ships of under 200 gross tonnage operating exclusively in Antigua and Barbuda waters – and in which seafarers are not accommodated on board – from the requirements of certain regulations and standards of the Convention. The Committee requested the Government to indicate what are the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006 which is not applicable to them (e.g. Standards A1.3, A2.1 and 2.4). The Committee notes that the Government does not provide this information. The Committee also requested the Government to provide information with respect to the scope of application of the Shipping (Small Commercial Vessels) Regulations 2008. The Government indicates that these Regulations refer to the Small Commercial Vessel Code 2017 (hereafter the SCV Code 2017) which covers commercial vessels (cargo or passenger vessel) of more than five metres but less than 24 metres in length that carries not more than 150 passengers or provides overnight accommodation for not more than 50 passengers regarding working and living conditions on board. The Committee observes that Circular 2016-001 – Maritime Labour Convention 2006 Guidance provides that both the SCV Code 2017 and Circular 2012-010 on the “application of the Maritime Labour Convention, 2006 to small local commercial vessels operating in Antigua and Barbuda” address the measures taken under Article II, paragraph 6, to apply differently some requirements of the MLC, 2006. The Committee notes the Government’s indication that the SCV Code 2017 version includes suggested formats for MLC, 2006 related inspection forms which should ensure a reasonably consistent application within the Caribbean region and can form a basis for individual countries to demonstrate compliance as appropriate. While welcoming the objectives of the SCV Code, the Committee observes that several important requirements of the MLC, 2006 are not addressed or are not sufficiently addressed by Chapter IX Part D of this Code as currently drafted. The Committee recalls that the flexibility provided for in Article II, paragraph 6, for ships under 200 gross tonnage only concerns “certain details of the Code”, i.e. Standards and Guidelines, and it only applies “to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures”. The Committee therefore requests the Government: (i) to adopt the necessary measures to ensure full conformity with the provisions of Article II, paragraph 6 by ensuring that any flexibility applied to ships under 200 gross tonnage not engaged in international voyages only relates to “certain details of the Code” and definitely not to the Articles and Regulations; and (ii) to provide detailed information indicating what are the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006, which is not applicable to them.
Article VII. Consultations. The Committee requested the Government to clarify how seafarers are consulted when this is called for by the Convention or relevant national regulations. The Committee notes the Government’s indication that Antigua and Barbuda only has a very small number of seafarers who are represented in a Port Welfare Committee. It further indicates that when regulations changes are proposed, they form part of the agenda with the facility to have furthermore in-depth meetings on specific subjects if needed. The Committee recalls that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a seafarers’ organization is established in the country, the Committee requests the Government to have recourse to the arrangements provided for in Article VII of the Convention.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. It notes with interest that the MLC (2006) 2014 Amendments Financial Security Directive 2017 (Directive 001-2017) gives effect to the requirements of Standard A2.5.2. The Committee requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee noted that paragraph 12(b) of the Schedule to the Merchant Shipping (MLC, 2006) Regulations 2012 provides that “ADOMS may, after consultation, exempt ships of less than 200 gross tons from the requirements in subparagraphs (b) and (c), in accordance with Standard A3.1 paragraph 20 of the MLC, 2006 but shall only do so in particular circumstances in which such exemption can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety”. Noting that the scope of potential exemptions under paragraph 12(g) of the Schedule to the national Regulations is not clear, the Committee requested the Government to provide clarifications in this regard. The Committee notes the Government’s indication that exemptions are only granted by the technical department of the Antigua and Barbuda Department of Marine Services and Merchant Shipping (ADOMS) who applies the Code requirements, with surveyors being aware of the very restricted scope for exemption. The Government further indicates that one vessel, a Yacht under 300 gross tonnage, has been granted with an acceptance letter as she was of traditional build and constructed prior to MLC ratification. Several vessels have had their accommodation arrangements accepted as they were built prior to the Convention coming into force. The Committee takes not of this information, which addresses its previous request.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee requested the Government to indicate the measures taken to provide the services foreseen under paragraph 4(d) of Standard A4.1. The Committee notes once more the Government’s indication that while medical facilities available are somewhat restricted, the main Hospital Accident Service may be contacted by Seafarers at any time by telephone. It notes that the enhancement of medical services to seafarers is currently being investigated by the Port Welfare Committee with a questionnaire having been prepared to gauge any areas of potential improvement. The Government further indicates that, in the meantime, ships agents, the local search and rescue service and coastguard are all aware of means to contact medical services for seafarers should the need arise. Recalling that Standard A4.1, paragraph 4(d), provides that the competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, is available 24 hours a day, the Committee requests the Government to provide updated information concerning any progress in the implementation of this Standard.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. In this regard, it takes note with interest of the adoption of MLC (2006) 2014 Amendments Financial Security Directive 2017 (Directive 001-2017) which aims at implementing the amendments of 2014. The Committee requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comment, the Committee noted that while paragraph 16 of the Schedule to the Merchant Shipping (MLC, 2006) Regulations 2012 provides for the health and safety protection of seafarers, the Government did not indicate whether national guidelines were actually adopted in accordance with Regulation 4.3, paragraph 2. The Committee requested the Government to provide information in this regard as well as on the requirement for shipowners to conduct risk evaluations on board ship in accordance with Standard A4.3, paragraph 8. The Committee notes the Government’s indication that, for ships registered in Antigua and Barbuda, the standards and practices required for occupational health, risk analysis, safe working practices and measures to reduce the risk of exposure to harmful levels of ambient factors and chemicals and the risk of injury or disease shall be those set out in: (i) The ILO Code – Accident prevention on board ships at sea and in port 1996; (ii) The Code of Safe Working Practices for Merchant Seamen published by the UK; (iii) Such other guidance as ADOMS may publish from time to time in the form of a Directive or other official guidance. The Committee notes however that the Government does not seem to have developed yet national guidelines on occupational safety and health as required under Regulation 4.3, paragraph 2, of the Convention. The Committee recalls that new Guidelines for implementing the occupational safety and health provisions of the MLC, 2006 were adopted by the ILO in 2015. The Committee accordingly requests the Government to take the more recent Guidelines into account in accordance with Regulation 4.3, paragraph 2. With respect to the requirement to conduct risk evaluations for occupational safety and health on board ship, as provided for under Standard A4.3, paragraph 8, the Committee notes that the Code of Safe Working Practices for Merchant Seamen published by the United Kingdom which applies to ships registered in Antigua and Barbuda, states in paragraph 17 that it is the duty of shipowners and employers to protect the health and safety of seafarers and others so far as is reasonably practicable. The principles that should underpin health and safety measures are, among others, the evaluation of unavoidable risks and the taking of action to reduce them. The Committee also notes that the example of an approved DMLC Part II outlining a shipowner’s practices or on-board programmes for preventing occupational accidents, injuries and diseases allows to assess compliance with these aspects of the requirements. The Committee takes note of this information, which addresses its previous request.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. Noting that there were no shore-based welfare facilities for seafarers in the country but that the Government was considering setting up a port welfare committee, the Committee requested the Government to provide information on any measures taken to promote the development of shore-based welfare facilities in Antigua and Barbuda. The Committee notes the Government’s indication that it has established a Port Welfare Committee initially as part of the ISWAN initiative (International Seafarers’ Welfare Assistance Network), focused on improving the welfare services and support made available to seafarers when they call at different ports around the world, in which Antigua and Barbuda partook in the initial pilot project. The Committee takes note of this information.
Regulation 4.5 and the Code. Social security. Noting that the Government has not provided information regarding this Regulation, the Committee observed that section 2(1), section 19 and the second schedule of the Social Security Act 1972, if read together, provide social security for seafarers between 16 and 60 years of age who are domiciled or have a place of residence in Antigua and Barbuda and who work on “any ship registered in Antigua and Barbuda or of any other British ship or vessel of which the owner or (if there is more than one owner) the managing owner, or manager resides or has his principal place of business in Antigua and Barbuda”. The Committee also noted that Circular 2012-010 states that the requirements of Standard A4.5 “will not be applied to vessels of 200 gross tonnage or less operating in Antigua and Barbuda waters”. The Committee requested further information in this respect. The Committee notes the Government’s indication that information is presently being gathered with regards to this regulation. The Committee recalls that Regulation 4.5 and its Code requires social security protection for all seafarers ordinarily resident in the territory of the Member, regardless of the flag or size of the ship on board which they work. The Committee once again requests the Government to provide detailed information with respect to the measures taken to give full effect to this provision of the Convention. The Committee notes the Government’s indication that there are 41170 seafarers working on national flags ships. The Committee recalls that, although the primary obligation concerning social security rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board the ships that fly its flag in the absence of adequate coverage in the applicable branches of social security. The Committee accordingly requests the Government to provide information in this regard.
Regulation 5.1 and the Code. Flag State responsibilities. General principles. Noting that the Merchant Shipping (MLC, 2006) Regulations 2012 appear to address only the ship certification system and recalling that all ships must be inspected, the Committee requested the Government to indicate how it gives effect to this obligation of the Convention. While noting the Government’s reference to its annual report on the implementation of the MLC, 2006, the Committee requests once again the Government to provide detailed information about the functioning of the established system of inspection and the national provisions that ensures that all ships flying its flag are subject to inspections at least every 3 years (Standard A5.1.4, paragraph 3).
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee requested the Government to provide information regarding the measures taken to ensure that reports on flag State inspections are provided to the master and also posted on board in accordance with the requirements of Standard A5.1.4, paragraph 12. The Committee notes the Government’s indication that “this is part of RO procedures and will also be covered by flag State inspectors in their rounds of the vessels”. However, from the Government’s information, it is unclear whether the requirements of Standard A5.1.4, paragraph 12 are implemented. The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.
Regulation 5.1.6 and the Code. Marine casualties. The Committee noted that, according to section 7 of the Merchant Shipping (Reporting of Accidents) Directive 2012 (Directive 001-2012), the publication of a report into marine casualties is left at the discretion of the Director of ADOMS. The Committee requested the Government to provide information on measures taken to ensure that reports of inquiry into marine casualties are made public. The Committee notes the Government’s indication that Antigua and Barbuda’s casualty investigation reports can be viewed on ADOMS website and understands that such reports are therefore made public. The Committee takes note of this information which addresses its previous request.
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