Anguilla celebrated May Day, also called Labour Day, on 1st May. This day is an annual holiday and many persons would have headed to the James Ronald Webster Park for the usual Fun Sports. Others would have used the day for their chosen form of relaxation, while some may have used the opportunity to do some previously neglected chores. Few, however, would have reflected on the reason for this annual celebration.
For many countries around the world, May 1st is celebrated as International Workers’ Day (commonly called May Day) in recognition of the labour movement. The labour movement refers to the development of trade unions which are collective organisations of workers formed for the purpose of representing the interests of their membership. Unions often campaign for better working conditions and treatment from employers and governments. The basic rights of workers that we take for granted today – such as paid holidays, eight-hour days and two-day weekends – are the result of action by the labour movement which led to the reform of workers’ rights through legislative change.
Earlier this year, we witnessed a prime example of the importance of collective bargaining when the Anguilla Teachers’ Union staged a sit-in and, by doing so, forced Government to finally listen to and address their particular concerns. An active and free labour movement is often viewed as a hallmark of democracy. The action of the Anguilla Teachers’ Union was a display of democracy at work.
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 For today’s environment the law is woefully outdated and inadequate.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 have paralysed the Labour Department.
We should all be pleased therefore to learn that once again renewed efforts are being made towards the establishment of a Labour Code. Hopefully, this Code will address the issues relevant to our current labour market context as well as our future development path. We will recall that there was much public outcry against the draft Labour Code several years ago when attempts were first made to have it enacted. I am not sure whether this was a result of the contents of the Code itself – or whether the Code simply fell victim to being published at the same time as the Physical Planning Bill, so that the strong opposition to the Physical Planning Bill negatively impacted the Code as well. Whatever the reason for the opposition, the Code was shelved. We lost a golden opportunity and valuable time in making meaningful change for the rights of workers.
The current economic, social and political climate demands that the rights of workers be addressed with urgency. I must commend our Government for taking this bold step in reviving the discussion on the Labour Code as it is sure to raise many thorny and controversial issues. To avoid the pitfalls experienced when the draft Code was first introduced to the public, I encourage Government to ensure that there is wide public consultation on the Code – including consultation with specific interest groups such as those representing the rights of workers, those representing employers, and the Anguilla Bar Association. I also admonish Government, however, that after the consultations, firm decisions must be taken on the final contents of the Code and it should be taken to the House as a matter of priority. While deliberate thought and consideration should be given to all concerns raised by the public, the Code should not languish because “everybody” is not pleased, as has been the fate of other Bills.
I must also urge the public not to engage in unnecessary “noise making” in relation to the draft Code. Take the time to read it when it is published. After you have done so, use every opportunity to make your views known. Let your criticisms be constructive so that improvements can be made to the draft. 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 counter productive and not in the best interest 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.
