Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their service. The Committee notes the Government’s indications in its report concerning the right to resign from the police force. The Government states that employment within the police force is completely voluntary and officers can exercise their right to leave at any time they wish, provided they comply with the appropriate regulations. The Committee again requests the Government to supply a copy of the Defence Force Act and indicate 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.

2. Legislation concerning vagrancy. In its earlier comments, the Committee referred to 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 previously noted the Government’s statement that no penalties had been enforced on any law-abiding citizen who had refused a particular type of employment. The Government indicates in its report that there have been no records of such matters brought before the local courts. The Committee has also noted the Government’s indication that the Summary Jurisdiction (Procedures) Ordinance (Cap. 13), 1926, has been repealed by the Criminal Procedure Code, 1988, and the Summary Conviction Offences Ordinance (Cap. 14), 1926, has been repealed by the Criminal Code, 1988. The Committee requests the Government to indicate, in its next report, whether the Summary Jurisdiction Offences Ordinance (Cap. 13) has also been repealed and, if so, to supply a copy of the repealing text. Please also supply the latest updated and consolidated text of the Criminal Code (Cap. 124).

Article 2(2)(a). Compulsory military service. The Committee previously noted that, under section 4(3)(c) of the Constitution of Saint Vincent and the Grenadines, the expression “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties or any labour required by law of a person who has conscientious objections to service as a member of a naval, military or air force, in place of such service. However, the Government indicates in its latest report that Saint Vincent and the Grenadines does not have compulsory military service. The Committee hopes that the Government will clarify this situation and communicate, in its next report, copies of the relevant provisions.

Article 2(2)(c). Prison labour. In its earlier 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 requests the Government once again to indicate whether guarantees are provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also supply copies of the prison rules provisions relating to prison labour, in particular sections 65, 66 and 67 of the prison rules referred to by the Government in its report.

Article 2(2)(d). The Committee notes the Government’s statement in the report that, in practice, work undertaken in case of emergency by members of the police force would cease as soon as the circumstances return to normal. Referring to its earlier comments, as well as to section 4(3)(d) of the Constitution of Saint Vincent and the Grenadines, the Committee reiterates its hope that appropriate measures will be taken to ensure that, both in law and in practice, the exaction of all work or service from the population in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.