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NORMLEX Home > Country profiles > > Country comments > Texts of comments: Saint Kitts and Nevis

Comments adopted by the CEACR: Saint Kitts and Nevis

Adopted by the CEACR in 2021

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee takes note of the Government’s first report on the application of the Convention. It notes that St Kitts and Nevis had not ratified any convention on maritime labour prior to the Maritime Labour Convention, 2006 (MLC, 2006). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article VII of the Convention. Consultation with shipowners’ and seafarers’ organizations. The Committee notes that, in reply to the request in the report form to list the shipowners’ and the seafarers’ organizations that the competent authorities consult in matters relating to the implementation of the Convention, the Government has mentioned only the St Kitts and Nevis Trades and Labour Union. No shipowners’ or employers’ organization is indicated. The Committee recalls that many provisions of the Convention require consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to specify what mechanisms are in place to ensure that shipowners’ organizations are consulted when this is required under the Convention. The Committee reminds the Government in this regard that Article VII provides that, where representative organizations of shipowners or of seafarers do not exist within a member State, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultation with shipowners’ and seafarers’ organizations may only be decided by that Member through consultation with the Special Tripartite Committee established in accordance with Article XIII. The Special Tripartite Committee adopted interim arrangements for such consultations. The Committee requests the Government to indicate whether organizations – or branches thereof – representing seafarers and shipowners are established. If this is not the case, the Committee invites the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.

Article II, paragraphs 1(f), 3 and 7. Scope of application. Definition of seafarer. National determination. The Committee notes that, according to section 2.3.1 of Maritime Circular 51/13 (Revision 2) (entitled “Procedures & guidance for certification for the Maritime Labour Convention, 2006 (MLC, 2006)”), “seafarer” means everyone working on board a ship, including the master, as well as “cadets, shopkeepers, resident entertainers, hairdressers and similar persons”. It also notes that section 2.3.2 of the same Circular contains a “non-exhaustive” list of persons who are not considered seafarers, including “(a) scientists, researchers, divers, specialist off-shore technicians, etc. whose work is not part of the routine operation of the ship; (b) although trained and qualified in maritime skills and perform key specialist functions, the work of harbour pilots, inspectors, surveyors, auditors, superintendents is not part of the routine operation of the ship; (c) guest entertainers, repair technicians, cargo superintendents and port workers whose work is occasional and short term with their principal place of employment being ashore; and (d) non-marine personnel, employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel”. While noting the Government’s indication that no cases of doubt have arisen as to whether any categories of persons are to be regarded as seafarers, the Committee observes that the persons excluded by section 2.3.2 of the abovementioned Circular relate to cases of doubt as to whether categories of workers are to be regarded as seafarers for the purpose of the Convention and for which an explicit determination by the competent authority is necessary under Article II, paragraph 3, of the Convention. The Committee requests the Government to clarify whether the decision concerning the categories of personnel that are not to be regarded as seafarers for the purpose of the Convention has been made after consultation, as required under Article II, paragraph 3, of the Convention. Noting that the very broad scope of paragraph (d) of section 2.3.2 of the Circular mentioned above could lead to the exclusion of categories of persons that should be covered by the Convention, the Committee requests the Government to clarify how it has taken into account in this regard the Resolution concerning information on occupational groups adopted by the International Labour Conference. It also requests the Government to indicate if categories other than those mentioned in the non-exhaustive list of section 2.3.2 have been excluded from the definition of seafarer.

Regulation 1.1, paragraph 1, and Standard A1.1, paragraph 1. Minimum age of seafarers. The Committee notes that while section 40(1) of the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012) provides that “no person under the age of 16 shall be employed on a ship”, section 5 of the Employment of Women, Young Persons and Children Act allows an exception for ships “upon which only members of the same family are employed”, and section 116 of the Merchant Shipping Act gives the power to the Minister responsible for maritime affairs to adopt regulations making such exceptions. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee requests the Government to review section 5 of the Employment of Women, Young Persons and Children Act and section 116 of the Merchant Shipping Act so as to ensure full conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 2. Definition of “night”. The Committee notes the Government’s indication that section 2 of the Employment of Women, Young Person and Children Act defines “night” as “a period of at least 11 consecutive hours including the interval between ten o’clock in the evening and five o’clock in the morning”. It notes, however, that section 40(3)(b) of the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012) provides that: “‘night’ means a period of at least 9 consecutive hours, including the period from midnight to 0500 hours”. Recalling that the Preamble of the Convention refers to paragraph 8 of article 19 of the Constitution of the ILO, according to which the adoption or the ratification of a Convention cannot be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned, the Committee requests the Government to explain the difference between these two provisions, indicating how they are reconciled in practice.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age for hazardous types of work. The Committee notes the Government’s reference to section 116 of the Merchant Shipping Act, which provides that the Minister responsible for maritime affairs may make regulations prescribing the circumstances under which: (a) persons under school-leaving age – that is 16 years, may be employed in a ship; and (b) persons over school-leaving age but under the age of 18 must not be employed in a ship flying the flag of St Kitts and Nevis or may be employed only subject to such conditions as may be specified in the regulations. In this regard, the Committee notes that section 40(2) of the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012), as amended in 2014, provides that “No person under 18 years of age shall be employed in the engine room or boiler room of a ship”. While noting this provision, the Committee requests the Government to indicate the measures taken to prohibit the employment, engagement or work of seafarers under the age of 18 where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. In the comments it made in 2013 on the application of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee had noted that the tripartite constituents had agreed to the establishment of a National Advisory Committee for the Elimination of Hazardous Child Labour, which would determine the types of work deemed to be hazardous for young persons under the age of 18 years. In this context, the Committee further requests the Government to indicate the measures taken or envisaged to determine, after consultation with the shipowners’ and seafarers’ organizations concerned, the types of work deemed to be hazardous for seafarers under the age of 18, as required by the Convention.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate and right of appeal. Regarding the requirements or guidance established concerning the nature of the medical examination and the right of appeal, the Committee notes the Government’s reference to the Merchant Shipping (Medical Examination) Regulations, 2012 (No. 16 of 2012). It notes, however, that section 1.7.1 of the First Schedule to these Regulations provides for a right of appeal to an independent medical referee appointed by the Director of Maritime Affairs, but only for seafarers who have already served on a ship flying the flag of St Kitts and Nevis. It expressly states that “there is no right of appeal for new entrants at their first examination”. The Committee recalls that Standard A1.2, paragraph 5, requires that all seafarers that have been refused a certificate or have had a limitation imposed on their ability to work have a right of appeal, without exception, including first time applicants. The Committee requests the Government to indicate the measures taken or envisaged to modify the regulations in order to fully implement this provision of the Convention.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. The Committee notes that section 33(6) of the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012), to which the Government makes reference in its report, provides that: “Notwithstanding sub-regulation (5)(c) [which provides for 10 hours of rest in any 24-hour period], the minimum period of ten hours may be reduced to not less than six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period.” The Committee notes that the exception provided for by section 33(6) is not in conformity with the requirements of Standard A2.3, paragraph 5(b), of the Convention. It recalls that any exception regarding the limits provided by Standard A2.3 of the Convention, including those provided for in the international Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended, must follow the requirements of Standard A2.3, paragraph 13. The Committee requests the Government to modify the Merchant Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2012 (No. 17 of 2012) in order to ensure that the requirement of ten hours of rest in any 24 hour period and 77 hours in any seven-day period, stated in Standard A2.3, paragraph 5(b), is respected. It also requests the Government to indicate how, in determining national standards, account has been taken of the danger posed by the fatigue of seafarers, as required by Standard A2.3, paragraph 4, of the Convention.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that section 10(4) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations, No. 27 of 2013, stipulates that any agreement to forgo the minimum annual leave with pay as set out in section 10(3), except in cases provided for by the Director of Maritime Affairs, is prohibited. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to ensure that any agreements to forgo the minimum annual leave with pay is prohibited, except in specific cases restrictively provided for by the Director of Maritime Affairs.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. The Committee notes that the Government has provided no information on Standard A3.1, paragraph 2(a). The Committee therefore requests the Government to specify if the laws and regulations establishing the minimum standards for seafarers’ on-board accommodation and recreational facilities take account of the requirements in Regulation 4.3 and the Code regarding occupational safety and health and accident prevention. The Committee further notes that the Government has not indicated, in relation to Standard A3.1, paragraph 3, whether inspections required under Regulation 5.1.4 (inspections and enforcement) are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered. In this regard, the Committee notes that section 104(2)(c) of the Merchant Shipping Act provides that regulations made under this section may require “the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of the accommodation and authorize the surveyor to inspect such works”. Noting the above information, the Committee requests the Government to confirm that inspections required under Regulation 5.1.4 are carried out when a ship is registered or re-registered and/or when seafarer accommodation is substantially altered and to provide the relevant legislative or regulatory references. Finally, the Committee notes that section 15(17) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) provides that “Ships of less than 200 gross tonnage may, subject to the conditions set out in sub-regulation 15(6), be exempted by the Director [of Maritime Affairs] from the requirement in sub-regulation 15(15)”, that is, an exemption from the requirements on hospital accommodation. Noting that such an exemption is not permitted under Standard A3.1, paragraph 20, related to possible exemptions for ships of less than 200 gross tonnage, the Committee requests the Government to modify section 15(17) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) in order to comply with the requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Organization and equipment of catering departments on board. The Committee notes that the Government has not indicated whether ships are provided with instructions or guidance so as to meet the requirements of Standard A3.2, paragraph 2(b), that is that the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions. In this regard, the Committee notes that section 16(3)(b) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) reproduces the content of Standard A3.2, paragraph 2(b). While noting the existence of this provision, the Committee requests the Government to indicate how it ensures that ships flying the flag of St Kitts and Nevis meet the minimum standards as regards the organization and equipment of the catering department, for example through the issuance of specific instructions or guidance.

Regulation 3.2 and Standard A3.2, paragraph 6. Dispensation to non-fully qualified cooks to serve as ships’ cooks. The Committee notes the Government’s statement that dispensations have been issued to permit non-fully qualified cooks to serve as ships’ cooks, without, however, specifying the frequency and the kind of cases in which these dispensations were issued. Recalling that dispensations may only be issued in circumstances of exceptional necessity, the Committee requests the Government to provide information on the frequency and the kind of cases in which dispensations were issued to permit a non-fully qualified cook to serve as a ship’s cook.

Regulation 4.1 and Standard A4.1, paragraph 4(d). System of medical advice by radio or satellite communication to ships at sea. The Committee notes the Government’s statement that all ships shall carry a complete and up-to-date list of radio stations through which medical advice can be obtained and, if equipped with a system of satellite communication, carry an up-to-date and complete list of coast/earth stations through which medical advice can be obtained. It underlines, however, that Standard A4.1, paragraph 4(d), sets an obligation on ratifying member States to put in place a prearranged system delivering medical advice by radio or satellite communication to ships at sea, 24 hours a day and free of charge. In this regard, it notes that section 17(5)(f) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) reproduces the text of Standard A4.1, paragraph 4(d). The Committee requests the Government to indicate if such a system has been put in place by the Director of Maritime Affairs, as required by the abovementioned section 17(5)(f), and to provide details on its functioning.

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. Regarding the measures taken to protect seafarers that live, work and train on board ships flying the flag of St Kitts and Nevis, the Committee notes the Government’s reference to section 19 of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) entitled “Health and Safety Protection and Accident Prevention”. It notes that section 19(1)–(3) of these Regulations provides that, after consultation with the seafarers’ and shipowners’ organizations, the Director of Maritime Affairs shall “set and maintain standards for occupational safety and health protection and accident prevention to be observed on board” and “adopt and keep under continuous review guidelines for the management of seafarer occupational safety and health on board”, with these guidelines being based on “the basic national occupational safety and health policy and programme for ships”. The Committee requests the Government to indicate if the standards and guidelines, as well as the basic national occupational safety and health policy and programme for ships referred to in section 19(2) and (3) of the abovementioned Regulations, have been adopted by the Director of Maritime Affairs and, if so, to provide a copy of the relevant documents.

Regulation 4.4 and Standard A4.4, paragraphs 2 and 3. Access to shore-based welfare facilities. The Committee notes the Government’s indication that no seafarer welfare boards have been established and that, while there are no shore-based seafarer welfare facilities operating in the country, plans to develop such facilities are in motion. It further notes that section 20 of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) provides for the development of welfare facilities in appropriate ports and other areas of the country and for the establishment of welfare boards. Section 20(2) adds that the Director of Maritime Affairs “shall use best efforts to secure financing of the welfare facilities”. The Committee requests the Government to provide information on the progress made towards developing seafarer welfare facilities in St Kitts and Nevis, as well as any development regarding the establishment of seafarer welfare boards.

Regulation 4.5 and Standard A4.5, paragraphs 1, 3, 5 and 6. Social security coverage for seafarers. The Committee notes that, upon ratification of the Convention, St Kitts and Nevis declared that the branches for which it provides protection in accordance with Standard A4.5, paragraphs 2 and 10, are: sickness benefit, maternity benefit, invalidity benefit, old-age benefit, employment injury benefit and survivors’ benefit. The Committee notes that section 2 of the first schedule to the Social Security Act, under “Part I – Employment as an employed person”, provides the following definition: “Employment whether within or without the State of a person domiciled or having a place of residence therein (a) as master or member of the crew of any ship or vessel, or as a pilot, commander, navigator or member of the crew of any aircraft, being a ship, vessel or aircraft of which the owner (or the managing owner, if there is more than one owner) or the manager resides or has his or her principal place of business in the State; or (b) in any other capacity for the purposes of such ship, vessel or aircraft, or of the crew thereof, or of any passenger or cargo or mails carried thereby.” The Committee understands from this provision that, for the purpose of the Social Security Act, to be considered as an “employed person” when working on a ship, not only does a worker need to be domiciled or to have a place of residence in St Kitts and Nevis, but also the owner, managing owner or manager of the ship must reside or have his or her principal place of business in St Kitts and Nevis. The Committee recalls that Standard A4.5, paragraph 3, requires each Member to take steps according to its national circumstances to provide complementary social security protection to all seafarers ordinarily resident in its territory. The Committee requests the Government to provide clarifications as to the coverage of seafarers who are residents in St Kitts and Nevis and work on a ship flying the flag of St Kitts and Nevis but whose owner or manager does not reside or have his or her principal place of business in St Kitts and Nevis. The Committee further recalls that, although the primary obligation regarding social security protection rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, of the Convention, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to indicate any steps taken to provide benefits to seafarers in ships flying the St Kitts and Nevis flag comparable to those provided to seafarers resident in the country.

Regulation 4.5, paragraph 1. Social security coverage for dependants of seafarers. Regarding the social security protection of dependants of seafarers ordinarily resident in St Kitts and Nevis, the Committee notes the Government’s statement that what is applicable to all dependants resident in St Kitts and Nevis is applicable to dependants of seafarers. The Committee requests the Government to indicate the legal provisions which ensure that dependants of seafarers ordinarily resident in St Kitts and Nevis are provided with social security protection.

Regulation 5.1.3 and Standard A5.1.3. Maritime labour certificate and declaration of maritime compliance. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I, attached to the report only contains references to implementing legislation, without providing any details on implementation in practice and the content of the provisions to which reference is made. The Committee recalls that Standard A5.1.3, paragraph 10(a), provides that the DMLC, Part I, drawn up by the competent authority shall not only identify the national requirements embodying the relevant provisions of the Convention by providing a reference to the relevant national legal provisions but also provide, to the extent necessary, concise information on the main content of the national requirements. Without this information, the DMLC, Part I, does not appear to fulfil the purpose for which it, along with the DMLC, Part II, is required under the Convention, which is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 14 listed matters are being properly implemented on board ship. The Committee requests that the Government consider amending the DMLC, Part I, so as to ensure that it contains, to the extent necessary, concise information on the main content of the national requirements and not only provides a reference to the relevant national legal provisions embodying the requirements of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 3. Qualification and training required for flag State inspectors. The Committee takes note of the Government’s indication that the issue of the qualifications and training required for flag State inspectors carrying out inspections under the Convention is being addressed as part of the follow-up actions following an International Maritime Organization audit carried out in November 2013. It notes that section 24(10) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations, 2013 (No. 27 of 2013) provides that “Inspectors shall have qualifications and adequate training to perform their duties and where possible shall have a maritime education or experience as a seafarer; they shall have adequate knowledge of seafarers’ working and living conditions and of the English language and shall be fully trained and sufficient in numbers to secure the efficient discharge of their duties …”. The Committee requests the Government to provide information on the progress made regarding the implementation of Standard A5.1.4, paragraph 3, of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Status and conditions of service of flag State inspectors. The Committee notes the Government’s reference to sections 24(6) and 24(7) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013), which provide that the Director of Maritime Affairs “shall appoint a sufficient number of qualified inspectors to fulfil the responsibilities” and “adopt adequate rules that are effectively enforced to guarantee that inspectors have the status and conditions of service to ensure that they are independent of changes of government and of improper external influences”. The Committee requests the Government to indicate whether those rules have been adopted and, if so, to provide information on their content and implementation.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Guidelines issued to flag State inspectors. The Committee recalls that Standard A5.1.4, paragraph 7 requires that flag State inspectors be issued with clear guidelines as to the tasks to be performed and provided with proper credentials. In view of the lack of information on this issue, the Committee requests the Government to indicate whether inspectors are issued with a copy of the ILO’s Guidelines for flag State inspections under the Maritime Labour Convention, 2006, or similar national guidelines and/or policy.

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Compensation for loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. Regarding the compensation for loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers, as required under Standard A5.1.4, paragraph 16, the Committee notes that the Government did not identify the legal provisions or principles under which such compensation must be paid. The Committee requests the Government to provide information in this regard.

Regulation 5.1.5 and Standard A5.1.5, paragraphs 1 and 2. On-board complaint procedures. The Committee notes the Government’s reference to section 25(1) of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013), which provides that ships shall have approved on board complaint procedures for the fair, effective, well-documented and expeditious handling of seafarer complaints alleging breaches of the requirements of the said Regulations. The Committee also notes that section 25(4)(a) provides that on-board complaint procedures shall “seek to resolve complaints at the lowest level possible; however, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities”. This is in line with Standard A5.1.5, paragraph 2, of the Convention. However, the Committee notes that the model of on-board complaint handling procedures available on the St Kitts and Nevis International Ship Registry’s website, which describes the complaint procedure, does not state clearly the right of seafarers to complain directly to the master or to external authorities. For the latter, on the contrary, it states that the seafarer can bring the matter to the Registry only if the matter has not been solved within the period of 30 days after the complaint has been filed with the shipowner. The right to complain directly to the master or to appropriate external authorities is therefore not guaranteed. The Committee requests the Government to modify its model of on-board complaint handling procedures so as to guarantee, in all cases, that seafarers have the right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Regulation 5.2.1 and Standard A5.2.1. Inspections in port. Guidance provided to port State control officers. Regarding the number of authorized officers appointed by the competent authority and the qualifications and training required for carrying out port State control, the Committee takes note of the indication from the Government that this information will be provided in the next reporting cycle. It requests the Government to provide information in this regard. The Committee also notes the Government’s reference to section 27 of the Merchant Shipping (Maritime Labour Convention, 2006) Regulations (No. 27 of 2013) which provides, in paragraph 3, that the Director of Maritime Affairs shall develop an inspection policy to ensure consistency and guide inspection and enforcement activities, a copy of which should be provided to all authorized officers and made available to the public and to shipowners and seafarers. The Committee notes, however, that the Government did not provide a copy of the policy. It requests the Government to provide a copy of this document.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. This omission has been brought to the attention of the Government in a letter of 5 September 2016 with an invitation to provide the missing documents as soon as possible. At the date of approving its report, the Committee had not received any additional documentation. The Committee requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a standard form example of a seafarer employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the provisions in any applicable collective agreement which provides for the calculation of the minimum paid annual leave on a basis that differs from a minimum of 2.5 days per month of employment (Standard A2.4, paragraph 2); a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority for each type of ship (passenger, cargo, etc.) (Standard A2.7, paragraph 1); together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see guidance in Guideline B4.1.1, paragraphs 4 and 5); a copy of the relevant national guidelines for the management of occupational safety and health on board ships flying its flag (Regulation 4.3, paragraph 2); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1); information on the budgetary allocation during the period covered by the report for the administration of the inspection and certification system and the total income received during the same period on account of inspection and certification services (Regulation 5.1.1); the following statistical information: number of ships flying the flag of St Kitts and Nevis that were inspected during the period covered by the report for compliance with the requirements of the Convention, number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by the report, number of full-term (up to five years) maritime labour certificates currently in force, number of interim certificates issued during the period covered by the report in accordance with Standard A5.1.3, paragraph 5 (Regulation 5.1.1); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5 and Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see guidance in Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; the following statistical information for the period covered by this report: number of foreign ships inspected in port, number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1, number of cases where significant deficiencies were detected, number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006, (including seafarers’ rights); and a copy of a document, if any, that describes the onshore complaint-handling procedures (Regulation 5.2.2).

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern 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. According to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. The Government stated that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is performed 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. The Government also indicated that it hoped 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. In this regard, 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 notes the Government’s information in its report that the prison administration intends to move towards a work-release programme, where inmates can work, are paid for his/her skills or labour and participate in the social security scheme as others (in a free labour relationship). The Government also indicates that this area is still being discussed as part of the draft Labour Code consultations by the National Tripartite Committee. In this regard, the Committee recalls that according to Article 2(2)(c) of the Convention, 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 once again 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 that national law does not provide for penal sanctions to be applied in the case of the violation of a person’s rights (article 6 of the Constitution), which prohibits slavery and servitude. The Government indicated that there were no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour, and that the necessary measures were being taken to give effect to Article 25 of the Convention.

The Committee notes the Government’s information that the penalty for the exaction of forced labour is being discussed by the National Tripartite Committee within the framework of the draft Labour Code consultations. The Prison Superintendent and the government legal councils are involved in this process. Referring to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee observes that, in the absence of other applicable penal provisions, the penalties envisaged in the Labour Code for the prohibition of forced labour consist in general terms of administrative sanctions which, in view of their nature and level, do not give effect to Article 25 of the Convention. In this regard, the Committee recalls 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 therefore requests the Government to take the necessary measures 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.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) 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 requested the Government to provide information on the application of these provisions in practice. The Government stated that it was unable to provide any court decisions in this regard.

The Committee notes the Government’s information in its report that the judicial system upholds the penalty of hard labour for the abovementioned offences, and that the labour is performed for public projects. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour for public undertakings, as a means of political coercion or as a punishment for holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government to consider amending the above provisions, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (for example fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously observed that the prohibitions on hazardous work (with the exception of night work) contained in the Employment of Children (Restriction) Ordinance 1966 (section 3(f)–(g)), and the Employment of Women, Young Persons and Children Act 1939 (EWYPC Act) (sections 4–5), apply only to children below the age of 16 years. It also noted that, as per sections 4 and 5 of the EWYPC Act, the employment of persons under 16 years of age on ships and industrial undertakings is prohibited. The Committee also noted that the draft Labour Code was undergoing tripartite consultation and expected to be enacted by the Parliament by the first quarter of 2014. The Government indicated that the tripartite constituents agreed to establish a National Advisory Committee for the Elimination of Hazardous Child Labour which would determine the types of work deemed to be hazardous for young persons under the age of 18 years.

The Committee notes the Government’s information that the draft Labour Code is expected to be enacted by December 2017. The Government also indicates that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established under the draft Labour Code and will become operational following its entry into force. The Government states that the relevant work will commence in 2018. The Committee once again requests the Government to take the necessary measures to ensure that the draft Labour Code is adopted in the near future. The Committee also once again expresses the firm hope that the National Advisory Committee for the Elimination of Hazardous Child Labour will be established in the near future and that it will ensure, without delay, the adoption of a list of types of hazardous work prohibited to children under the age of 18 years. It also requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to hazardous work as from 16 years. The Committee previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to strict conditions respecting protection and prior training, pursuant to Article 3(3) of the Convention. The Government indicated that this issue was being considered during the ongoing consultations on the draft Labour Code.

The Committee notes the Government’s information that the provisions as requested by the Committee are included in the draft Labour Code, providing that persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity, and that their health, safety and morals are fully protected. The Committee trusts that the draft Labour Code will be adopted in the near future, which provides for all the appropriate provisions ensuring the protection of the young persons, as required by Article 3(3) of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee previously noted that, pursuant to sections 4(1) and 5 of the EWYPC Act, the prohibition on employing children under the age of 16 in industrial undertakings and on ships did not apply to undertakings in which only members of the same family are employed. The Government indicated its intention to exclude work in family undertakings, pursuant to Article 4 of the Convention, which is contained in the draft Labour Code. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise.

The Committee notes the Government’s information that consultations were held with social partners and the decision was made to exclude limited categories from the scope of the draft Labour Code. The Government also states that, under the new draft Labour Code, the minimum age for admission to employment will apply to some categories of undertakings that were excluded. The Committee therefore requests the Government to indicate which categories of undertakings are excluded from the scope of the draft Labour Code.

Article 7(1). Light work from the age of 13 years. The Committee previously noted that the Employment of Children (Restriction) Ordinance permits children under the age of 12 to be employed by their parents in agricultural or horticultural work on land belonging to their parents, as well as children between the ages of 12 and 16 years to work in non-hazardous daytime work outside of school hours, specifying a maximum of two hours of work on school days and Sundays (section 3(1)).

The Committee notes the Government’s information that section 144(1) of the draft Labour Code specifies 16 years as the minimum age for admission to employment. The Government also states that the National Tripartite Committee has agreed that children under the minimum age of employment must not be employed in any forms of work. Pending the adoption of the draft Labour Code, the Committee trusts that the provisions in the Employment of Children (Restriction) Ordinance will be applied in conformity with Article 7(1) of the Convention, so that children below the age of 13 will not be authorized to undertake light work activities.

Article 9(1). Penalties. The Committee previously noted the Government’s indication that the fines prescribed for the violation of the child labour provisions under the EWYPC Act and the Employment of Children (Restriction) Ordinance had not been updated in recent years. However, it intended to review some of the fines during the consultative process of the Labour Code. The Committee notes the Government’s information that the tripartite constituents have taken into consideration the issue related to increasing the fines, but have not arrived at a consensus on the appropriate fines. The Government indicates that it will be able to provide further information on the revision of penalties and fines in its next report.

The Committee notes the Government’s information that the upgraded fines would be done under the draft Labour Code. The Committee therefore expresses the firm hope that the provisions of the draft Labour Code will prescribe appropriate and upgraded fines for the violations of child labour provisions.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s information that the tripartite constituents were taking the necessary measures to include, in the draft Labour Code, a provision requiring employers to keep a register indicating the names, ages or dates of birth of persons employed by them or working for them and who are less than 18 years of age.

The Committee notes the Government’s information that section 12(1) of the EWYPC Act requires employers in an industrial undertaking to keep a register of all persons under the age of 16 years, which is the minimum age for admission to employment in Saint Kitts and Nevis, and that this provision is retained in the draft Labour Code. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee further reminds the Government that this provision applies to all sectors of employment, not just in industrial workplaces. The Committee therefore expresses the firm hope that the draft Labour Code will contain provisions requiring employers in all sectors of the economy to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s indication that the data collected during the 2011 national census was being analysed and would be available during the first quarter of 2014. The Government also indicated that the Ministry of Sustainable Development and the Statistical Unit undertook a Labour Force Survey, which was completed by 2014.

The Committee notes the Government’s information that, according to the result of the 2011 national census, seven children under 16 years of age were found working. The Government also indicates that the Ministry of Sustainable Development is currently processing the data of the Labour Force Survey that was conducted in the last quarter of 2015 and the first quarter of 2016, and that the results will be made available soon. The Committee therefore requests the Government to communicate the results of the most recent Labour Force Survey, in particular, indicating the number of children and young persons who work and whose age is lower than the minimum age for admission to employment or work, and the nature, scope and trends of such work.

The Committee recalls that the Government can avail itself of ILO technical assistance so as to ensure that the draft Labour Code will be in full conformity with the Convention.

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions. The Government stated that this matter would be forwarded to the Department of Child Protective Services who would review and update the legislation in this regard.

The Committee notes the Government’s information in its report that the Child Justice Act 2013 addresses the neglect of children under 17 years of age. The Government also indicates that this matter has been forwarded to the Department of Child Protective Services to include the prohibition of procuring or offering of children under the age of 18 years for illicit activities in relevant legislation. However, to date, no legislative change has been made. The Government states that it will take measures to make the necessary legislative amendments. The Committee notes that, according to a UNICEF report entitled “Situation Analysis of Children in Saint Kitts and Nevis” of 2017, the boy child who gets caught in the poverty trap often drops out of school to bring more income into the household or falls into gang activities and the drug trade (page 34). Noting the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, the Committee once again reminds the Government that such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly once again urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of children under the age of 18 years for illicit activities, in particular the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee previously noted that a draft protocol for the protection of the victims of the worst forms of child labour, which would outline the standard procedure for the protection of child victims of the worst forms of child labour, had been prepared by the Child Protection and Probation Services and was being finalized for submission to the Cabinet for approval.

The Committee notes that Government’s information that the protocol for the protection of the victims of the worst forms of child labour is still in the draft phase and that the final document will be submitted to the Cabinet soon. The Committee therefore once again requests the Government to take the necessary measures to ensure that the protocol for the protection of the victims of the worst forms of child labour is adopted in the near future and to provide a copy once adopted.