Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Abolition of Forced Labour Convention, 1957 (No. 105) - United States of America (Ratification: 1991)

Article 1(a) of the Convention. The Committee notes that the "Smith Act" (18 USC 2385) prohibits various means of advocacy of overthrowing the Government by force or violence, and makes these activities punishable by imprisonment which may involve compulsory labour. While this text appears to fall within the parameters laid down by the Committee in paragraph 133 of its 1979 General Survey on the abolition of forced labour, the Committee would be grateful for an indication of the way this legislation has been applied in practice (in particular through court decisions).

Article 1(d) of the Convention. The Committee previously requested the Government to indicate whether violation of a no-strike injunction could be classified as criminal contempt, with the consequence that due process would attach and the contemner could then be convicted and sentenced. The Government indicates in its latest report that persons imprisoned for engaging in illegal strikes, who are jailed for contempt of court, are considered pre-trial detainees under United States law and practice and as such are not subject to prison labour. The Committee would be grateful if the Government would continue to supply information on the development of the United States law and practice in this field, indicating, in particular, the more recent court decisions concerning violation of a no-strike injunction and a distinction between civil contempt and criminal contempt. Please provide copies of such court decisions.