Abolition of Forced Labour Convention, 1957 (No. 105) - Vanuatu (Ratification: 2006)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret 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 initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that sentences of imprisonment (involving the obligation to work under section 23 of the Correctional Services Act, 2006) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• – section 65: prohibition of seditious statements;
• – section 66: prohibition of seditious publications;
• – sections 68, 69 and 70: assembly and riot; and
• – section 120: defamation.

The Committee recalled that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic systems. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to provide information on the application of sections 65, 66, 68, 69, 70 and 120 of the Penal Code in practice, supplying copies of the court decisions defining or illustrating their scope. The Committee once again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(d). Penalties imposed for participation in strikes. In its previous comments, the Committee noted that, pursuant to section 29(2)(a) of the Trade Disputes Act (2006), the Minister may, by Order and in case of emergency, prohibit persons employed in essential services from commencing a strike, or direct persons who are engaged in a strike, to terminate such a strike. Pursuant to section 29(5), any person who fails to comply with any direction or prohibition under this section shall be guilty of an offence. The Committee also observed that section 33A regulates procedures to be followed in case of a strike outside essential services. According to section 33A(2), any person contravening or failing to comply with any requirements of the procedure, shall be guilty of an offence. In this connection, the Committee notes the Government’s indication that violations of section 33A(2) may result in liability for offences, which, in turn, may result in convictions involving an obligation to perform compulsory labour in public prisons. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. In light of the above, the Committee requests the Government to take the necessary measures in order to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of sections 29(5) and 33A(2) of the Trade Disputes Act (2006), supplying copies of relevant court decisions and indicating the penalties imposed.

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

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 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that sentences of imprisonment (involving the obligation to work under section 23 of the Correctional Services Act, 2006) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

– section 65: prohibition of seditious statements;

– section 66: prohibition of seditious publications;

– sections 68, 69 and 70: assembly and riot; and

– section 120: defamation.

The Committee recalled that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic systems. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to provide information on the application of sections 65, 66, 68, 69, 70 and 120 of the Penal Code in practice, supplying copies of the court decisions defining or illustrating their scope. The Committee once again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(d). Penalties imposed for participation in strikes. In its previous comments, the Committee noted that, pursuant to section 29(2)(a) of the Trade Disputes Act (2006), the Minister may, by Order and in case of emergency, prohibit persons employed in essential services from commencing a strike, or direct persons who are engaged in a strike, to terminate such a strike. Pursuant to section 29(5), any person who fails to comply with any direction or prohibition under this section shall be guilty of an offence. The Committee also observed that section 33A regulates procedures to be followed in case of a strike outside essential services. According to section 33A(2), any person contravening or failing to comply with any requirements of the procedure, shall be guilty of an offence. In this connection, the Committee notes the Government’s indication that violations of section 33A(2) may result in liability for offences, which, in turn, may result in convictions involving an obligation to perform compulsory labour in public prisons. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. In light of the above, the Committee requests the Government to take the necessary measures in order to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of sections 29(5) and 33A(2) of the Trade Disputes Act (2006), supplying copies of relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that sentences of imprisonment (involving the obligation to work under section 23 of the Correctional Services Act, 2006) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• – section 65: prohibition of seditious statements;
• – section 66: prohibition of seditious publications;
• – sections 68, 69 and 70: assembly and riot; and
• – section 120: defamation.

The Committee recalled that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic systems. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to provide information on the application of sections 65, 66, 68, 69, 70 and 120 of the Penal Code in practice, supplying copies of the court decisions defining or illustrating their scope. The Committee once again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(c). Punishment for breaches of labour discipline. With respect to its previous request regarding punishments for breaches of labour discipline, the Committee notes the copies of legislative texts provided by the Government. In this regard, the Committee notes that, pursuant to section 15 of the Public Service Disciplinary Procedure Rules (1999), breaches of labour discipline are punishable solely by disciplinary sanctions which do not involve an obligation to work.

Article 1(d). Penalties imposed for participation in strikes. In its previous comments, the Committee noted that, pursuant to section 29(2)(a) of the Trade Disputes Act (2006), the Minister may, by Order and in case of emergency, prohibit persons employed in essential services from commencing a strike, or direct persons who are engaged in a strike, to terminate such a strike. Pursuant to section 29(5), any person who fails to comply with any direction or prohibition under this section shall be guilty of an offence. The Committee also observed that section 33A regulates procedures to be followed in case of a strike outside essential services. According to section 33A(2), any person contravening or failing to comply with any requirements of the procedure, shall be guilty of an offence. In this connection, the Committee notes the Government’s indication that violations of section 33A(2) may result in liability for offences, which, in turn, may result in convictions involving an obligation to perform compulsory labour in public prisons. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. In light of the above, the Committee requests the Government to take the necessary measures in order to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in a strike. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of sections 29(5) and 33A(2) of the Trade Disputes Act (2006), supplying copies of relevant court decisions and indicating the penalties imposed.

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

The Committee notes 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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee notes that sentences of imprisonment (involving the obligation to work under section 23 of the Correctional Services Act (1983)) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• – section 65: prohibition of seditious statements;
• – section 66: prohibition of seditious publications;
• – sections 68, 69 and 70: assembly and riot;
• – section 120: defamation.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving the compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, 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.

In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions defining or illustrating their scope.

The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations and laws governing assemblies, meetings and demonstrations.

Article 1(c). Punishment for breaches of labour discipline. In the absence of the legislation on civil servants, the Committee requests the Government to supply copies of legislative texts governing civil servants’ obligations, so that it could examine the nature of disciplinary measures that may be imposed on employees.

Article 1(d). Penalties imposed for participating in strikes. The Committee observes that section 25 defines and provides for a list of essential services and that the Minister may declare by Order any other service, to be an essential service. It also notes that under section 29, the Minister may control and regulate the essential service during the period of emergency and for that purpose may exercise all the rights of an employer of labour in that essential service. Moreover, subsection (5) of section 29 established that any person who fails to comply with any direction or prohibition under this section shall be guilty of an offence. Similarly, the Committee observes that section 33A regulates procedures to be followed in case of a strike, and that by virtue of subsection (2) of section 33A any person contravening or failing to comply with any requirements of the procedure, shall be guilty of an offence. The Committee therefore requests the Government to indicate what are the penalties applicable pursuant to section 29(5) and section 33A(2) of the Trade Disputes Act.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information provided by the Government in its first report.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee notes that sentences of imprisonment (involving the obligation to work under section 23 of the Correctional Services Act (1983)) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• -section 65: prohibition of seditious statements;
• -section 66: prohibition of seditious publications;
• -sections 68, 69 and 70: assembly and riot;
• -section 120: defamation.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving the compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, 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.

In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions defining or illustrating their scope.

The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations and laws governing assemblies, meetings and demonstrations.

Article 1(c). Punishment for breaches of labour discipline. In the absence of the legislation on civil servants, the Committee requests the Government to supply copies of legislative texts governing civil servants’ obligations, so that it could examine the nature of disciplinary measures that may be imposed on employees.

Article 1(d). Penalties imposed for participating in strikes. The Committee observes that section 25 defines and provides for a list of essential services and that the Minister may declare by Order any other service, to be an essential service. It also notes that under section 29, the Minister may control and regulate the essential service during the period of emergency and for that purpose may exercise all the rights of an employer of labour in that essential service. Moreover, subsection (5) of section 29 established that any person who fails to comply with any direction or prohibition under this section shall be guilty of an offence. Similarly, the Committee observes that section 33A regulates procedures to be followed in case of a strike, and that by virtue of subsection (2) of section 33A any person contravening or failing to comply with any requirements of the procedure, shall be guilty of an offence. The Committee therefore requests the Government to indicate what are the penalties applicable pursuant to section 29(5) and section 33A(2) of the Trade Disputes Act.