Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s reply to its earlier comments.

1.  Article 1(1) and Article 2(1) of the Convention.  In its earlier comments 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 to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. It noted the Government’s indication in its previous report received in 1999 that steps had not yet been taken with a view to amend or repeal section 49(1) and that this section had never been applied. In its latest report, the Government refers to section 3(1) of the same Act concerning apprehension of idle and disorderly persons and states that no persons have been charged under this section and no measures have been taken to repeal it. The Committee expresses the firm hope that the necessary measures will be taken by the Government in the near future with a view to amend or repeal 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 practical application of this section.

2.  Article 2(2)(c).  In its earlier comments the Committee 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 that the practice of private individuals, companies or associations using convict labour had long been discontinued. However, the Government indicates in its latest report that no measures have been taken to amend section 61(2) of the Prison Ordinance. The Committee therefore reiterates its hope that, when the opportunity of amending the Prison Ordinance arises, section 61(2) will be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government will indicate in its future reports any measures taken to this end, as well as any change in practice.