Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Saint Kitts and Nevis (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. Pursuant to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. In this regard, the Committee recalled that according to Article 2(2)(c) prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only 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, 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 notes the Government’s statement that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is done under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. It also notes the Government’s statement that the Committee’s comments in this regard have been noted and that the Government hopes to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. The Government indicates in this regard that section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards. The Committee requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act 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.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted 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 article 6 of the Constitution, which prohibits slavery and servitude. The Government indicated that there had been no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour. In this regard, the Committee recalled that pursuant to 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 notes the Government’s statement that the necessary measures are being taken to give effect to Article 25 of the Convention. The Committee requests the Government to provide information on the steps being taken to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.