Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Saint-Kitts-et-Nevis (Ratification: 2000)

Autre commentaire sur C029

Observation

2022

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes that under section 29 of the Defence Force Act of 1997, any soldier of the regular force may be discharged by the competent military authority at any time during the currency of any term of engagement and on any grounds as may be prescribed. It also notes that under section 30 of the above Act, a soldier is entitled to claim his or her discharge at any time within three months after the date of his or her attestation, upon the payment of US$100. While noting these provisions, the Committee requests the Government to indicate, in its next report, the grounds for resignation that may be prescribed under section 29 of the Defence Force Act.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that, under section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. It also notes that, under section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations. However, in spite of this prohibition, the Committee has considered that work of prisoners for private parties is compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned. The Committee refers in this connection to the explanations provided in paragraphs 59–60 and 114–120 of its 2007 General Survey on the eradication of forced labour, where it pointed out that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee therefore hopes that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship. In particular, consideration should be given to amending the abovementioned section 193(5) with a view to meeting such requirements. Pending the adoption of such measures, the Committee requests the Government to provide information on the work of prisoners for private parties, including the information concerning their conditions of work, in particular, as regards wages and social security.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee notes the Government’s indication that national law does not provide for penal sanctions to be applied in the case of a conviction for the violation of a person’s rights provided for in section 6 of the Constitution, which prohibits slavery and servitude. The Government also states that there have been no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour. The Committee recalls once again that, under Article 25 of the Convention, ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”. The Committee hopes that the necessary measures will be taken to give effect to this Article of the Convention and that the Government will report the progress made in this regard.