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Repetition Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 of its General Survey of 2007 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. As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.
Repetition Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 of its General Survey of 2007 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.As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.
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 following matters raised in its previous direct request:
Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. In its earlier comments, the Committee referred to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules).
As the Committee pointed out in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, 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.
The Committee observes that the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity to the Convention. Noting also the Government’s statement in the report that no persons have been charged or imprisoned under the 1968 Act, the Committee would appreciate it if the Government would supply, in its future reports, information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.
Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. The Committee previously noted that section 5(1) and (2) of the Seditious and Undesirable Publications Act, 1968 (No. 16), as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves compulsory labour). The Committee noted that the above Act had repealed and replaced the Seditious and Undesirable Publications Ordinance, 1940, which contained similar provisions.
The Committee notes the Government’s statement in its report that the Seditious and Undesirable Publications Act, 1968 (No. 16), has been included into the 1990 Revised Laws of Dominica, but that no mention has been made of forced or compulsory labour in the revision. However, the Committee previously noted that sanctions of imprisonment involve an obligation to perform labour under the Prison Rules.
The Committee points out in this connection, referring also to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite 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 Committee therefore requests the Government once again to supply information on any cases of practical application of the above provisions of the 1968 Act, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to assess their conformity with the Convention.
The Committee notes that no report has been received from the Government. 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:
Article 1(a) of the Convention. The Committee previously referred to sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, 1940, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. It noted the Government’s repeated indications in its reports that there had been no cases of practical application of the abovementioned sections.
The Committee has noted the Government’s indication in its latest report received in September 2001 that the abovementioned Ordinance had been repealed and replaced by the Seditious and Undesirable Publications Act, 1968 (No. 16). It has also noted that section 5(1) and (2) of this Act, as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions similar to those of the 1940 Ordinance referred to above, making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment involving compulsory labour. The Committee requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions.
The Committee has noted the Government’s reply to its earlier comments.
The Committee notes the Government’s report.
Article 1(a) of the Convention. In its earlier comments, the Committee referred to sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. The Committee previously noted the Government’s indications in its reports that there had been no cases of practical application of the abovementioned sections. It requests the Government to supply, in its future reports, information on any cases of practical application of these provisions, including copies of relevant court decisions.
The Committee notes the Government's reports received in 1995 and 1996.
1. Article 1(a) of the Convention. The Committee noted form the Government's earlier reports that there had been no cases of practical application of sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. The Committee requests the Government to supply in its next report information on any cases of practical application of these provisions, including copies of relevant court decisions.
2. Article 1(b). With regard to earlier comments on section 49(1) of the Small Charges Act, the Committee refers to point 1 of its direct request under the Forced Labour Convention, 1930 (No. 29).
With reference to its previous comments, the Committee requests the Government to continue to provide in its future reports information on any application in practice of section 49(1) of the Small Charges Act.
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:
Article 1(b). For several years, the Committee noted that under section 49(1) of the Small Charges Act any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting so to do, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Committee noted the Government's indication in its report received in 1988 that there had been no amendment to or repeal of section 49(1). Since the Government has reported for many years that this provision of the Act has never been applied, the Committee again expresses the hope that the necessary steps will be taken to amend or repeal the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 105 as well as Convention No. 29, also ratified by Dominica. Pending such amendment or repeal, the Committee again requests the Government to continue to supply information on the practical application of section 49(1) of the Small Charges Act.
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 following matters raised in its previous direct request:
Article 1(b). For several years, the Committee noted that under section 49(1) of the Small Charges Act any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting so to do, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Committee notes the Government's indication in its report that there has been no amendment to or repeal of section 49(1). Since the Government has reported for many years that this provision of the Act has never been applied, the Committee hopes that the necessary steps will be taken to amend or repeal the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 105 as well as Convention No. 29, also ratified by Dominica. Pending such amendment or repeal, the Committee requests the Government to continue to supply information on the practical application of section 49(1) of the Small Charges Act.