Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (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 (as well as any other provisions governing prison labour); the Defence Force Act and other Acts governing disciplined forces, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to leave their service. Please indicate any provisions applicable to military officers and other career members of disciplined forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Services exacted under compulsory military service laws. Please indicate whether any work or service may be exacted from conscripts under compulsory military service laws, in accordance with section 6(3)(c) of the Constitution of Saint Kitts and Nevis of 1983 and, if so, what guarantees are provided to ensure that services exacted from conscripts are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections to serving as members of the defence force, to which reference is made in section 6(3)(c) of the Constitution.

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. The Committee notes from section 6(3)(a) of the Constitution that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee therefore requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

2. Prison labour. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 25. Penal sanctions. The Committee notes the Government’s indication in the report that, in case of contravention of section 6 of the Constitution (protection from slavery and forced labour), a person who alleges such a contravention may apply to the high court for redress, under section 18(1) of the Constitution. The Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour under this section of the Constitution and on any penalties imposed on perpetrators, supplying copies of relevant court decisions.