Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Vincent and the Grenadines (Ratification: 1998)

Other comments on C105

Observation

2009

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Co-operative Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable with imprisonment (involving an obligation to perform compulsory prison labour). It expressed the hope that the Government would take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, so as to bring these provisions into conformity with the Convention and the indicated practice.

The Committee notes with interest that the Co-operative Societies Act No. 12 of 2012 repeals the former Co-operative Societies Act. According to section 23 of the Act of 2012, the grounds for refusing, suspending or cancelling the registration of societies involve mainly the breach of any registration requirement or failure to comply with the requirements (prescribed under sections 10 to 21) of this Act, its regulations or by-laws and do not refer to “incompatibility with the peace, good order or welfare of Saint Vincent and the Grenadines”.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform compulsory prison labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention, such as:

– sections 3(1) and 17(2) of the Public Order Act for wearing in any public meeting, without the permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object.
– sections 15 and 17(2) of the Act for the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace.

However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that it had drawn the competent authority’s attention to formally repeal section 3(1) of the Public Order Act. It also noted the Government’s statement that section 15 of the Act was still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. The Committee requested the Government to provide information on the application of section 15 in practice, as well as the measures taken to formally repeal section 3(1) of the Public Order Act.

The Committee notes the Government’s information in its report that there has been no response form the Competent Authority to whom the matter regarding the amendment or repeal of the Public Order Act has been referred. The Government states that it will continue to pursue this matter. The Government further indicates that no matters related to section 15 had been brought before the court. Referring to paragraph 306 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to continue to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.