Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Saint-Kitts-et-Nevis (Ratification: 2000)

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. For a number of years, the Committee had observed that pursuant to section 193(5) of the Prison Act (Cap 19.08), prisoners (who pursuant to section 193(1) are under the obligation to undertake useful work) may be employed for the private benefit of any person, in pursuance of special rules. Having noted that, in practice, prisoners carry out work for private entities, the Committee requested the Government to review the Prison Act to ensure that prisoners only undertake work or service for private persons or entities on a voluntary basis. The Committee notes that the Government reiterates that the recommendations of the Committee will be reviewed by the National Tripartite Committee, in consultation with the competent authority and the Ministry of National Security, to ensure that any work or service by prisoners for private persons is performed voluntarily and notes with regret the lack of progress made in this regard. Therefore, the Committee urges the Government to take measures to review section 193(5) of the Prison Act (Cap 19.08) to ensure that any work or service by convicted prisoners for private persons is performed with the formal, freely given and informed consent of the prisoners concerned. It also requests the Government to ensure that, in practice, the conditions of work of the prisoners working for private entities approximate those of a free labour relationship.

The Committee is raising other issues in a request addressed directly to the Government.