Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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 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. 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 The Committee noted that the above Act had repealed and replaced the Seditious and Undesirable Publications Ordinance, 1940, which contained similar provisions.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.