Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Vincent and the Grenadines (Ratification: 1998)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee referred to the following provisions of the Public Order Ordinance, under which penalties of imprisonment (involving an obligation to perform labour, under the Prisons Ordinance) may be imposed in circumstances covered by the Convention:

• -section 3(1), read in conjunction with section 17(2) (wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object);
• -section 15, read in conjunction with section 17(2) (use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, the Committee points out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to 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 peaceful 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. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association (including the establishment of political parties or societies) or participation in meetings and demonstrations.

The Committee previously noted the Government’s indication that section 3(1) of the Public Order Ordinance had become obsolete. The Government indicates in its latest report that no measures have yet been taken to formally repeal section 3(1), but no one has been prosecuted for its violation in recent times.

While noting these indications, the Committee reiterates its hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Ordinance, in order to bring legislation into conformity with the Convention and the indicated practice. It also requests the Government once again to supply information on the application in practice of section 15 of the Public Order Ordinance referred to above, including any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention.

In its earlier comments, the Committee referred to sections 8, 9 and 12 of the Societies Act (Cap. 330), under which the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and various offences related to unlawful societies are punishable, inter alia, with imprisonment (which involves an obligation to perform labour, under the Prisons Ordinance).

Referring to the above explanations, the Committee hopes that appropriate measures will be taken to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the abovementioned provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the practical application of the above provisions of the Societies Act (Cap.330), supplying sample copies of the relevant court decisions and indicating the penalties imposed.