Another year has passed – another general election approaches – and we still have not had the tenacity to address the issue of labour legislation in Anguilla. Despite the rapid developmental changes that have taken place in Anguilla, over the last few decades, we seem to be committed to our outdated legislation which was not geared to regulate our current state of affairs. In my editorial last year, in commemoration of Labour Day 2013, I wrote in part:
Our celebration of May Day should serve as a reminder to us that though great strides have been made internationally for the rights of workers, in Anguilla there is much left to be done. The law on workers’ rights, the Fair Labour Standards Act (which would have been quite progressive when it was enacted), was formulated at a time when the labour market context was significantly different. For today’s environment the law is woefully outdated and inadequate. This has been voiced on several occasions by the Labour Commissioner who has also indicated that the law has little teeth. Inadequacies in the law have left some workers without any recourse when treated unfairly and in some situations paralysed the Labour Department.
One may wonder why I would repeat those statements in this editorial. The answer is simple: nothing has changed; no known progress has been made; we are still at “square one”. My comments, then, remain relevant today. This is a sad and unfortunate reality. For some reason our political leaders are reluctant to deal with this thorny issue. Could it be that they anticipate some public angst and fallout from passing legislation that some may find objectionable? If this is so, then I have to agree with Austin Richardson, In the vote of the ordinary people, over Radio Anguilla, that there are enough lawyers and other experts in Anguilla whom Government can engage to review the legislation, consult with the people and come up with something that the majority of persons will be satisfied with. Austin is absolutely right. This legislation is too important for it to be allowed to languish any longer.
It is often said do not make controversial decisions or pass potentially controversial legislation on the eve of a general election. I cannot imagine what could be so controversial about the Labour Code that would cause yet another Government to adopt a hands-off approach to it. However, it suggests to me that they are uncomfortable with some aspects of the legislation; if so, perhaps we should be uncomfortable too. This is even more reason for a thorough review to be conducted before the legislation is taken to the House of Assembly. I would like to suggest, however, that this should be sooner rather than later.
On the other hand, if members of Government are simply adopting the “please everybody or do nothing” approach, then we do not have much hope for the Code coming to fruition. This approach is really unnecessary and undesirable. Decision-makers are well aware that even when the best judgment is exercised in making a decision, it is impossible for everyone to agree with the decision made. This is often difficult for political leaders because, for the most part, politics in Anguilla is akin to a popularity contest and is not based on any fundamentally different ideology between parties. However, it is my view that when the electorate has elected a Government to lead, lead it must. Therefore, once our Government is satisfied that the Labour Code is in the best interest of the people of Anguilla – in that it establishes and protects the rights of workers, while recognizing the interests and business needs of employers – there should be no hesitation in moving ahead with it.
As members of the public we can be instrumental in encouraging our Government to make the Labour Code a priority. It is in our interest to lobby for its revival, discussion and, ultimately, its passage in the House. I wish to remind readers of what I said in last year’s editorial about the role of the public in this process:
All our efforts should be geared towards getting the best possible Labour Code. We should be of one accord where this is concerned. Any attempt to have it shelved again would be counterproductive and not in the best interests of our people. If we love Anguilla, as we often boast, we would support our Government’s efforts in enacting new labour legislation and work with them to get it right.
Since our Government’s efforts appear to have stalled, it is up to us to give it the push it needs to move ahead. If we can commit to doing this, perhaps the caption for my article for next Labour Day will be different.
