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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Antigua and Barbuda (Ratification: 1983)

Other comments on C094

Observation

2016

Direct Request

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Article 2 of the Convention. Insertion of labour clauses in public contracts. In reply to the Committee’s previous comments, the Government indicates that there are no new legislative or other measures affecting the application of the Convention. It adds that the public procurement legislation currently in force does not address the issue of labour clauses in public contracts. The Government further indicates that public contracts are standard and that they are created in accordance with the national labour laws with which all vendors in the tendering process must comply. They do not include labour clauses unless this is done under a directive issued by a specific government Ministry. The Government reports that the revised legislation, the Procurement and Contract Administration Act 2011, was passed by the competent authority. However, the status of the Act is unclear from the information supplied by the Government. In any event, the Committee observes that the revised legislation does not provide for the inclusion of appropriate labour clauses in all public contracts for works, goods or services as required under Article 2 of the Convention. The Committee draws the Government’s attention to the 2008 General Survey on Convention No. 94 and the Office Practical Guide of 2008, which provide guidance and examples of how legislative conformity with the Convention may be ensured. The Committee hopes that the Government will take the necessary measures to fully apply the Convention in law and practice and once again recalls that the Government may avail itself of technical assistance from the Office for this purpose. It further requests the Government to provide copies of any relevant legal texts, specifically copies of any texts adopted revising the public procurement legislation.