Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations, as well as any other provisions governing prison labour.

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes the Government’s indication in the report that, under section 29 of the Defence Force Act, 1997, any soldier of the regular force may be discharged by the competent military authority at any time during the currency of any term of engagement and on any grounds. The Committee requests the Government to indicate the prescribed grounds for resignation and to supply, with its next report, a copy of the Defence Force Act, 1997.

Article 2(2)(a). Compulsory military service laws. The Committee notes the Government’s indication in the report that there is no compulsory military service in Saint Kitts and Nevis and that any person who enlists to serve in the Defence Force or other disciplined forces does so voluntarily.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes the Government’s clarifications concerning the meaning of an “order of a court”. As regards the work of prisoners, the Committee notes the Government’s statement in the report that inmates who are remanded are not subjected to or placed at the disposal of private individuals, companies or associations. The Committee again requests the Government to provide information on provisions governing the work of convicted persons and supply copies of relevant texts, including the West Indies Associated Supreme Court Order, 1967.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee notes the Government’s indication in the report that no decisions have been given by courts of law or other tribunals as a consequence of the illegal exaction of forced or compulsory labour. The Committee recalls that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”. The Committee therefore requests the Government to provide information on the penal provisions punishing the illegal exaction of forced or compulsory labour and, more generally, on any measures taken or envisaged to give effect to this Article of the Convention.