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

Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Kitts and Nevis (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee notes that sanctions of imprisonment involving, under section 193(1) of the Prison Act (Cap.19.08), an obligation to perform labour, may be imposed under the following provisions:

• -section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);
• -section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting, a uniform signifying association with any political organization or with the promotion of any political object);
• -section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The committee recalls, referring also to the explanations in paragraph 154 of its 2007 General Survey on the eradication of forced labour, 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 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 freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or assemblies, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

In order to enable the Committee to ascertain that the above provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a punishment for expressing political views, the Committee requests the Government to supply information on their application in practice, including any court decisions defining or illustrating their scope.

Article 1(d). Punishment for having participated in strikes. The Committee notes the Government’s indication that there is no specific law restricting the right to strike and that restrictions on strikes by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom and not by law. The Committee requests the Government to provide information on any sanctions imposed for having participated in strikes in essential services, supplying copies of any relevant court decisions.

Supply of legislation. The Committee requests the Government to supply, with its next report, copies of the laws and regulations governing labour discipline in the public service.