Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Forced Labour Convention, 1930 (No. 29) - Saint Vincent and the Grenadines (Ratification: 1998)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee requests the Government to communicate copies of the following legislation: the latest updated and consolidated text of the Criminal Code; the Defence Force Act and other acts governing disciplined forces; the Emergency Powers Act and any other provisions concerning a state of emergency.

Articles 1(1) and 2(1) of the Convention. The Committee previously noted the provision of section 123(b) of the Summary Jurisdiction Offences Ordinance (Cap. 13), under which every person who wanders about and sleeps or lodges in any public place, having no visible means of subsistence and not giving a satisfactory account of himself, shall be liable to a fine or to imprisonment of one month. It requested the Government to provide information on the application of the abovementioned provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether this provision is applied in a manner compatible with the Convention. The Committee has noted the Government’s explanation concerning the application of this provision, and in particular, the Government’s statement that no penalties have been enforced on any law-abiding citizen who has refused a particular type of employment. While noting the Government’s indication that there are no copies of court decisions available, the Committee hopes that the Government will communicate them as soon as such court decisions are formulated.

Article 2(2)(a) The Committee previously noted the Government’s statement in the report that no guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. It requested the Government to indicate measures taken or envisaged in order to ensure compliance with the Convention on this point. The Committee notes the Government’s indication in the report that this matter will be brought to the attention of the competent authorities and hopes that such measures will be described in its next report. It again requests the Government to supply copies of provisions governing alternative (non-military) service in case of persons who have conscientious objections to service as members of a naval, military or air force, to which reference is made in article 4(3)(c) of the Constitution, and any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). In its previous comments, the Committee referred to section 36 of the Prisons Act (Cap. 281), under which prisoners shall perform such labour as may be specified in prison rules, and to section 37 of the same Act, according to which a prisoner may be employed outside prison, with the approval of the superintendent, and put to such labour as may be specified in prison rules. The Committee again requests the Government to indicate what guarantees are provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations, and to supply copies of the prison rules provisions relating to prison labour.

Article 2(2)(d). The Committee previously noted the Government’s statement in the report that no guarantees are provided to ensure that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. It expressed the hope that appropriate measures will be taken to ensure that, both in law and in practice, the exaction of work or service in cases of emergency will remain within these limits. The Committee notes the Government’s indication in the report that this matter will be brought to the attention of the competent authorities and requests the Government to indicate the measures taken in its next report.