Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Dominica (Ratification: 1983)

Other comments on C029

Observation

Direct Request

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The Committee notes with concern that the Government’s report has not been received. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims. The Committee also expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.