Abolition of Forced Labour Convention, 1957 (No. 105) - Solomon Islands (Ratification: 2012)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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. Penal sanctions involving compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee observed that according to section 60 of the Correctional Service Act of 2007, all convicted prisoners may be required to work. Noting that section 63 of the Penal Code lays down a penalty of imprisonment for persons who maliciously fabricate or knowingly spread abroad any false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment, the Committee requested the Government to provide information on the application in practice of this provision. The Committee notes that the Government indicates in its report that no case under section 63 of the Penal Code has been pursued in courts. It also notes that, in reply to the Committee’s request for information on laws governing the press and the media, the Government refers to the 2009 Telecommunications Act. The Committee notes that section 120(g) of this Act states that the use of telecommunications facilities for the purpose of harassing another person constitutes a criminal offence that could be subject to a sanction of imprisonment which, according to the Correctional Service Act, involves compulsory labour. The Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment through penalties involving compulsory labour. The Committee requests the Government to continue to provide information on the application in practice of section 63 of the Penal Code, in particular information concerning judicial decisions handed down or criminal prosecutions initiated on the basis of such provision, indicating the facts that gave rise to the prosecutions. The Committee also requests the Government to provide information on the practical application of section 120(g) of the 2009 Telecommunications Act, including information on judicial decisions imposing a prison sentence.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. 1. Civil servants. In its previous comments, the Committee requested the Government to provide information on legislation governing the conditions of employment of public servants. The Committee notes the different laws regulating the work of public servants indicated in the Government’s report. It also notes that the Government indicates that in addition to labour and public service legislation, civil servants are subject to codes of conduct and General Orders that provide for their conditions of work and disciplinary measures. The Committee requests the Government to indicate whether any of the codes of conduct or General Orders providing for disciplinary measures for civil servants refer to penal sanctions. If so, the Committee requests the Government to provide copies of such instruments.

2. Seafarers. In its previous comments, the Committee drew attention to the provisions of the 1998 Shipping Act which lay down sanctions of imprisonment (involving compulsory labour) for seafarers who fail to obey lawful commands (section 131(e)) or individually or with other seafarers wilfully and persistently neglect their duty or disobeys any lawful command (section 132(a) and (b)). The Committee notes the Government’s indication that there have been no reported cases regarding any breach of those provisions of the Shipping Act. While noting this information, the Committee recalls that the imposition of sanctions of imprisonment (involving an obligation to perform labour) on seafarers for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons is incompatible with the Convention (2012 General Survey on the fundamental Conventions, paragraph 312). In this regard, the Committee requests the Government to indicate the measures taken to review sections 131(e) and 132(a) and (b) of the Shipping Act with a view to ensuring that no seafarer may receive a sanction involving compulsory labour for acts that do not endanger the ship or the life or health of persons, in line with the Convention and indicated practice. The Committee also requests the Government to provide information on any progress made in this regard and, in the meantime, to continue to provide information on the practical application of the above-mentioned sections of the Shipping Act, including court decisions.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that, according to section 2(1) of the 1963 Essential Service Act, every person who, alone or in combination with others, causes a lock-out in an essential service shall be liable to a fine or imprisonment (involving compulsory labour). The Committee recalls, in this regard, that in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to penal sanctions involving compulsory labour. Referring also to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to provide information on the measures taken to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be punished with a sentence of imprisonment during which they may be required to perform compulsory labour.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee observed that according to section 60 of the Correctional Service Act of 2007, all convicted prisoners may be required to work. Noting that section 63 of the Penal Code lays down a penalty of imprisonment for persons who maliciously fabricate or knowingly spread abroad any false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment, the Committee requested the Government to provide information on the application in practice of this provision. The Committee notes that the Government indicates in its report that no case under section 63 of the Penal Code has been pursued in courts. It also notes that, in reply to the Committee’s request for information on laws governing the press and the media, the Government refers to the 2009 Telecommunications Act. The Committee notes that section 120(g) of this Act states that the use of telecommunications facilities for the purpose of harassing another person constitutes a criminal offence that could be subject to a sanction of imprisonment which, according to the Correctional Service Act, involves compulsory labour. The Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by prohibiting their punishment through penalties involving compulsory labour. The Committee requests the Government to continue to provide information on the application in practice of section 63 of the Penal Code, in particular information concerning judicial decisions handed down or criminal prosecutions initiated on the basis of such provision, indicating the facts that gave rise to the prosecutions. The Committee also requests the Government to provide information on the practical application of section 120(g) of the 2009 Telecommunications Act, including information on judicial decisions imposing a prison sentence.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. 1. Civil servants. In its previous comments, the Committee requested the Government to provide information on legislation governing the conditions of employment of public servants. The Committee notes the different laws regulating the work of public servants indicated in the Government’s report. It also notes that the Government indicates that in addition to labour and public service legislation, civil servants are subject to codes of conduct and General Orders that provide for their conditions of work and disciplinary measures. The Committee requests the Government to indicate whether any of the codes of conduct or General Orders providing for disciplinary measures for civil servants refer to penal sanctions. If so, the Committee requests the Government to provide copies of such instruments.

2. Seafarers. In its previous comments, the Committee drew attention to the provisions of the 1998 Shipping Act which lay down sanctions of imprisonment (involving compulsory labour) for seafarers who fail to obey lawful commands (section 131(e)) or individually or with other seafarers wilfully and persistently neglect their duty or disobeys any lawful command (section 132(a) and (b)). The Committee notes the Government’s indication that there have been no reported cases regarding any breach of those provisions of the Shipping Act. While noting this information, the Committee recalls that the imposition of sanctions of imprisonment (involving an obligation to perform labour) on seafarers for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons is incompatible with the Convention (2012 General Survey on the fundamental Conventions, paragraph 312). In this regard, the Committee requests the Government to indicate the measures taken to review sections 131(e) and 132(a) and (b) of the Shipping Act with a view to ensuring that no seafarer may receive a sanction involving compulsory labour for acts that do not endanger the ship or the life or health of persons, in line with the Convention and indicated practice. The Committee also requests the Government to provide information on any progress made in this regard and, in the meantime, to continue to provide information on the practical application of the above-mentioned sections of the Shipping Act, including court decisions.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that, according to section 2(1) of the 1963 Essential Service Act, every person who, alone or in combination with others, causes a lock-out in an essential service shall be liable to a fine or imprisonment (involving compulsory labour). The Committee recalls, in this regard, that in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to penal sanctions involving compulsory labour. Referring also to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to provide information on the measures taken to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be punished with a sentence of imprisonment during which they may be required to perform compulsory labour.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

(a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);

(b) section 74 (taking part in an unlawful assembly).

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 paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, 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 abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. 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.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• (a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);
• (b) section 74 (taking part in an unlawful assembly).

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 paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, 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 abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. 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.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.

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 2013. 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. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• (a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);
• (b) section 74 (taking part in an unlawful assembly).

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 paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, 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 abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. 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.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.

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. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• (a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);
• (b) section 74 (taking part in an unlawful assembly).

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 paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, 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 abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. 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.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee notes that sentences of imprisonment (involving the obligation to work under section 60 of the Correctional Services Act of 2007) may be imposed under various provisions of the Penal Code in circumstances covered by Article 1(a) of the Convention, namely:

• (a) section 63 (spreading, publishing false news or false report tending to create or foster public alarm, public anxiety or disaffection or to produce public detriment);
• (b) section 74 (taking part in an unlawful assembly).

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 paragraphs 302–304 of the 2012 General Survey on the fundamental Conventions, 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 abovementioned provisions in practice supplying copies of the court decisions defining or illustrating their scope.

2. 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.

Article 1(c). Punishment for breaches of labour discipline. 1. Disciplinary measures applicable to civil servants. The Committee requests the Government to provide a copy of the legislation governing the conditions of employment of public servants, so that it could examine the nature of disciplinary measures that may be imposed on them.

2. Disciplinary measures applicable to seafarers. The Committee notes that, under section 131(e) of the Shipping Act, the failure to obey any lawful command is punishable by a term of imprisonment of two years. Moreover, section 132(a) and (b) provides that a seafarer who individually or with other seafarers wilfully and persistently neglects his duty, or disobeys any lawful command, shall be liable upon conviction, to imprisonment of two years (involving the imposition of compulsory labour). In this regard, the Committee recalls that provisions imposing penalties of imprisonment on seafarers for breaches of labour discipline should be restricted to actions that endanger the safety of the ship, or the life or health of persons on board. The Committee requests the Government to provide information on the application in practice of sections 131(e) and 132(a) and (b) of the Shipping Act, in order to ascertain that no sentences involving compulsory prison labour are imposed on seafarers for breaches of labour discipline, and that sentences of imprisonment are only limited to acts tending to endanger the ship or the life, or health of persons.