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Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Kitts and Nevis (Ratification: 2000)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. For a number of years, the Committee has been referring to the following legal provisions, which may lead to the imposition of penalties involving compulsory prison labour (by virtue of section 193 (1) of the Prison Act (Cap.19.08)) for activities that relate to the expression of political views or views ideologically opposed to the established system:
section 4 (10) of the Public Meetings and Procession Act (Cap. 19.10), according to which a person who organizes or attempts to organize or incites a person to organize or take part in a public procession prohibited by the authority is liable to a fine or imprisonment for up to six months;
section 3 (1), read together with section 6 (1) of the Public Order Act (Cap. 19.11), pursuant to which a person who in any public place or at any public meeting wears uniforms signifying his or her association with any political organization or with the promotion of any political object is liable to a fine or imprisonment for up to ten months, or both;
section 22 (c), read in conjunction with section 23, of the Public Order Act (Cap.19.11), according to which a person who holds, organizes, speaks at, or takes part in any public meeting or public march contrary to the Act is liable to a fine or imprisonment for up to six months, or both.
In relation to the Committee’s request regarding the application in practice of such provisions, the Government indicates that it will seek to limit their scope to acts of violence or incitement to violence and that it will send information on their application in its next report.
The Committee takes due note of the Government’s intention to limit the scope of the above-mentioned provisions by restricting the application of sanctions involving compulsory labour to acts of violence or incitement to violence and requests the Government to inform on any progress made in this regard. In the meantime, and in order to assess that no sanctions involving compulsory labour are imposed on persons for the peaceful expression of political views or views opposed to the established system, the Committee once again requests the Government to provide information on the manner in which section 4(10) of the Public Meetings and Procession Act (Cap. 19.10), and sections 3(1) and 22 (c) of the Public Order Act (Cap. 19.11), are applied in practice, including examples of court decisions handed down pursuant to these provisions and describing the facts that led to the convictions and imposition of prison sentences.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. For a number of years, the Committee has been referring to the following legal provisions, which may lead to the imposition of penalties involving compulsory prison labour (by virtue of section 193 (1) of the Prison Act (Cap.19.08)) for activities that relate to the expression of political views or views ideologically opposed to the established system:

–section 4 (10) of the Public Meetings and Procession Act (Cap. 19.10), according to which a person who organizes or attempts to organize or incites a person to organize or take part in a public procession prohibited by the authority is liable to a fine or imprisonment for up to six months;
–section 3 (1), read together with section 6 (1) of the Public Order Act (Cap. 19.11), pursuant to which a person who in any public place or at any public meeting wears uniforms signifying his or her association with any political organization or with the promotion of any political object is liable to a fine or imprisonment for up to ten months, or both;
–section 22 (c), read in conjunction with section 23, of the Public Order Act (Cap. 19.11), according to which a person who holds, organizes, speaks at, or takes part in any public meeting or public march contrary to the Act is liable to a fine or imprisonment for up to six months, or both.

In relation to the Committee’s request regarding the application in practice of such provisions, the Government indicates that it will seek to limit their scope to acts of violence or incitement to violence and that it will send information on their application in its next report.

The Committee takes due note of the Government’s intention to limit the scope of the above-mentioned provisions by restricting the application of sanctions involving compulsory labour to acts of violence or incitement to violence and requests the Government to inform on any progress made in this regard. In the meantime, and in order to assess that no sanctions involving compulsory labour are imposed on persons for the peaceful expression of political views or views opposed to the established system, the Committee once again requests the Government to provide information on the manner in which section 4 (10) of the Public Meetings and Procession Act (Cap. 19.10), and sections 3 (1) and 22 (c) of the Public Order Act (Cap. 19.11), are applied in practice, including examples of court decisions handed down pursuant to these provisions and describing the facts that led to the convictions and imposition of prison sentences.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) may be imposed under the following provisions:

– section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);

– section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);

– section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested the Government to provide information on the application of these provisions in practice. The Government stated that it was unable to provide any court decisions in this regard.

The Committee notes the Government’s information in its report that the judicial system upholds the penalty of hard labour for the abovementioned offences, and that the labour is performed for public projects. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour for public undertakings, as a means of political coercion or as a punishment for holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government to consider amending the above provisions, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (for example fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) may be imposed under the following provisions:

– section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);

– section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);

– section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested the Government to provide information on the application of these provisions in practice. The Government stated that it was unable to provide any court decisions in this regard.

The Committee notes the Government’s information in its report that the judicial system upholds the penalty of hard labour for the abovementioned offences, and that the labour is performed for public projects. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour for public undertakings, as a means of political coercion or as a punishment for holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government to consider amending the above provisions, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (for example fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) may be imposed under the following provisions:

-section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);
-section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);
-section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested the Government to provide information on the application of these provisions in practice. The Government stated that it was unable to provide any court decisions in this regard.

The Committee notes the Government’s information in its report that the judicial system upholds the penalty of hard labour for the abovementioned offences, and that the labour is performed for public projects. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour for public undertakings, as a means of political coercion or as a punishment for holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government to consider amending the above provisions, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (for example fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) may be imposed under the following provisions:

– section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);

– section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);

– section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested information on the application of these provisions in practice.

The Committee notes the Government’s statement that it is unable to provide any court decisions in this regard. Recalling that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour (including compulsory prison labour) as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, the Committee requests the Government to provide information, when available, on the application of the abovementioned provisions in practice.

Article 1(d). Punishment for having participated in strikes. The Committee previously noted the Government’s indication that there is no specific law restricting the right to strike and that restrictions on strikes by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom, not by law.

The Committee notes the Government’s statement that it does not have any information on any sanctions imposed for having participated in strikes, or copies of any relevant court decisions to provide. It states that the country has had few strikes related to industrial relations issues, and that there have been no major strikes in the country for over 20 years. Taking due note of this information, the Committee requests the Government to provide information, when available, on any sanctions imposed for participation in strikes, in its future reports.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

-section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);
-section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);
-section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested information on the application of these provisions in practice.

The Committee notes the Government’s statement that it is unable to provide any court decisions in this regard. Recalling that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour (including compulsory prison labour) as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, the Committee requests the Government to provide information, when available, on the application of the abovementioned provisions in practice.

Article 1(d). Punishment for having participated in strikes. The Committee previously noted the Government’s indication that there is no specific law restricting the right to strike and that restrictions on strikes by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom, not by law.

The Committee notes the Government’s statement that it does not have any information on any sanctions imposed for having participated in strikes, or copies of any relevant court decisions to provide. It states that the country has had few strikes related to industrial relations issues, and that there have been no major strikes in the country for over 20 years. Taking due note of this information, the Committee requests the Government to provide information, when available, on any sanctions imposed for participation in strikes, in its future reports.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee notes that sanctions of imprisonment involving, under section 193(1) of the Prison Act (Cap.19.08), an obligation to perform labour, may be imposed under the following provisions:

-section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);
-section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting, a uniform signifying association with any political organization or with the promotion of any political object);
-section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The committee recalls, referring also to the explanations in paragraph 154 of its 2007 General Survey on the eradication of forced labour, 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. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or assemblies, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

In order to enable the Committee to ascertain that the above provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a punishment for expressing political views, the Committee requests the Government to supply information on their application in practice, including any court decisions defining or illustrating their scope.

Article 1(d). Punishment for having participated in strikes. The Committee notes the Government’s indication that there is no specific law restricting the right to strike and that restrictions on strikes by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom and not by law. The Committee requests the Government to provide information on any sanctions imposed for having participated in strikes in essential services, supplying copies of any relevant court decisions.

Supply of legislation. The Committee requests the Government to supply, with its next report, copies of the laws and regulations governing labour discipline in the public service.

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

Supply of legislation. The Committee has noted the provisions of the Merchant Shipping Act, 2002, as amended. It notes the Government’s indication in the report that copies of the Prison Regulations, Civil Service General Orders and other texts requested by the Committee will be forwarded under separate cover. Since the above texts have not yet been received in the ILO, the Committee hopes that the Government will not fail to provide it with its next report. It requests, in particular, that the Government provide it with a copy of the updated and consolidated text of the Criminal Code, as well as copies of the legislation in force in the following fields: the laws governing the press and other media, public assemblies, meetings and demonstrations, the law governing political parties.

Article 1(a) of the Convention. Punishment for expressing political views. The Committee previously noted that, under article 12(2) and 13(2) of the Constitution of Saint Kitts and Nevis of 1983, certain rights and freedoms guaranteed under the Constitution, such as freedom of expression and freedom of assembly and associations, may be restricted by law in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of others. The Committee notes the Government’s explanations concerning the purposes of the above Constitutional provisions. However, it again requests the Government to describe any such restrictions, indicating sanctions which may be imposed for their violation and supplying copies of relevant texts.

Article 1(d). Punishment for having participated in strikes. The Committee notes the Government’s statement in the report that the Government is unaware of any legislation restricting the right to strike or punishing participation in strikes with any kind of sanctions. The Committee hopes that the Government will provide, with its next report, copies of the provisions governing the right to strike.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations (and any other provisions governing prison labour), as well as copies of the legislation in force in the following fields: the laws governing the press and other media, public assemblies, meetings and demonstrations; the law governing political parties; the laws and regulations governing the public service, including disciplinary provisions applicable to public officers; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. Punishment for expressing political views. The Committee notes that, under articles 12(2) and 13(2) of the Constitution of Saint Kitts and Nevis of 1983, certain rights and freedoms guaranteed under the Constitution, such as freedom of expression and freedom of assembly and associations, may be restricted by law in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of others. The Committee requests the Government to describe any such restrictions, indicating sanctions which may be imposed for their violation and supplying copies of relevant texts.

Article 1(d). Punishment for having participated in strikes. Please provide information on provisions restricting the right to strike, indicating, in particular, whether such provisions are enforceable with penal sanctions and supplying copies of relevant texts, as well as information on their application in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) of the Convention. Punishment for expressing political views. The Committee notes that, under articles 12(2) and 13(2) of the Constitution of Saint Kitts and Nevis of 1983, certain rights and freedoms guaranteed under the Constitution, such as freedom of expression and freedom of assembly and associations, may be restricted by law in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of others. The Committee requests the Government to describe any such restrictions, indicating sanctions which may be imposed for their violation and supplying copies of relevant texts.

Article 1(d). Punishment for having participated in strikes. Please provide information on provisions restricting the right to strike, indicating, in particular, whether such provisions are enforceable with penal sanctions and supplying copies of relevant texts, as well as information on their application in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. The Committee notes that, under articles 12(2) and 13(2) of the Constitution of Saint Kitts and Nevis of 1983, certain rights and freedoms guaranteed under the Constitution, such as freedom of expression and freedom of assembly and associations, may be restricted by law in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of others. The Committee requests the Government to describe any such restrictions, indicating sanctions which may be imposed for their violation and supplying copies of relevant texts.

Article 1(d). Please provide information on provisions restricting the right to strike, indicating, in particular, whether such provisions are enforceable with penal sanctions and supplying copies of relevant texts, as well as information on their application in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations (and any other provisions governing prison labour), as well as copies of the legislation in force in the following fields: the laws governing the press and other media, public assemblies, meetings and demonstrations; the law governing political parties; the laws and regulations governing the public service, including disciplinary provisions applicable to public officers; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. The Committee notes that, under articles 12(2) and 13(2) of the Constitution of Saint Kitts and Nevis of 1983, certain rights and freedoms guaranteed under the Constitution, such as freedom of expression and freedom of assembly and associations, may be restricted by law in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedoms of others. The Committee requests the Government to describe any such restrictions, indicating sanctions which may be imposed for their violation and supplying copies of relevant texts.

Article 1(d). Please provide information on provisions restricting the right to strike, indicating, in particular, whether such provisions are enforceable with penal sanctions and supplying copies of relevant texts, as well as information on their application in practice.