Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kiribati (Ratification: 2000)

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 matters raised in its previous direct request, which read as follows:

Repetition

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Public Order Ordinance (Cap. 82), as well as copies of the legislation in force in the following fields: laws governing political parties and associations; prison rules or regulations (including provisions governing prison labour); and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising; but sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee notes the Government’s indication in its 2010 report that the Committee’s comments will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions held in the national tripartite committee referred to above and on any measures taken or envisaged in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed.

Article 1(d). Sanctions for participating in strikes. The Committee noted that the Industrial Relations Code (Amendment) Act, 2008, has repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provides for the same sanctions for participating in strikes in essential services.

Referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), likewise ratified by Kiribati, as well as to the explanations contained in paragraph 189 of its 2007 General Survey on the eradication of forced labour, the Committee hopes that measures will be taken to further amend the above section 37 of the Industrial Relations Code, so as to ensure that no sanctions of imprisonment (involving compulsory labour) can be imposed for participation in peaceful strikes. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.