Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Dominica (Ratification: 1983)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that under section 5 of the Seditious and Undesirable Publications Act (1968), individuals engaging in seditious acts, statements, or publications face imprisonment. Section 3(1) defines "seditious intention," including false statements or misrepresentations about the Government that incite discontent. Additionally, section 6(4) – read with section 12 – provides for sanctions of imprisonment for producing or distributing prohibited publications. The Committee observed that these provisions are broadly worded and carry penalties of imprisonment ranging from three to six months, which involve compulsory prison labour under section 59 of the Prison Rules, Chap.12:70, as amended in 1990. It therefore requested the Government to provide information on their application in practice.

The Committee notes the Government’s indication, in its report, that prison labour is primarily voluntary and that, under Section 36 of the Prison Act (Chapter 12:70), prisoners may receive remission for good conduct and diligence, making work advantageous for them. While noting that prison labour is primarily voluntary according to the Government, the Committee recalls that section 59 of the Prison Rules provides that “Every prisoner shall be required to engage in useful work […]”. Therefore, the Committee requests the Government to indicate the measures envisaged to formally include the voluntary nature of work undertaken by convicted persons in the Prison Rules, thereby aligning legislation with the indicated practice. Meanwhile, the Committee requests the Government to ensure that sections 5 and 6, read together with section 12, of the Seditious and Undesirable Publications Act, and section 5 of the Libel and Slander Act are not used to punish persons who express political views or views opposed to the established political, social or economic system. Please, provide also information on the application in practice of the above provisions, including the number of prosecutions made under each provision, the grounds for prosecution, as well as on the number of convictions and the nature of the penalties imposed.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. Seafarers. The Committee recalls that under section 194(c) of the International Maritime Act, (Act No. 9), 2000, a crew member of a vessel who solicits or incites any other member of the crew to disobey or resist the lawful orders of the Master or other officers of such vessel is liable to imprisonment for up to ten years. In reply to the Committee’s request on the manner in which this provision is applied in practice, the Government indicates that section 194 (c) does not pertain to any incitement of disobeying or resisting the lawful orders of the master but applies in cases of intoxication or disobedience by a seafarer. The penalties applied are the criminal penalty of forfeiture of not more than four days wages and restraint until intoxication or disobedience ceases.

While taking note of the Government’s statement, the Committee nevertheless observes that section 194(c) of the International Maritime Act, is broader in scope and addresses offences relating to disobeying or resisting the lawful orders of the Master or other officers of the vessel. The Committee also notes that intoxication and drunkenness are covered under section 192 of the Act.

The Committee recalls that Article 1(c) of the Convention prohibits the use of disciplinary sanctions involving compulsory labour for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons. The Committee therefore requests the Government to provide information on: (i) the manner in which section 194(c) of the International Maritime Act is applied in practice, indicating the nature of the sanctions imposed and the facts giving rise to the conviction; and (ii) the measures envisaged to review the wording of this provision with a view to limit its scope to acts that endanger the ship, or the life or health of persons.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee previously requested the Government to provide information on the application in practice of section 67 of the Industrial Relations Act, Chap 89:01, 1986. This section provides that any person who fails to pay any fine resulting from their participation in a strike contrary to the Act is liable to imprisonment. The Committee notes the Government’s indication that, although section 67 of the Industrial Relations Act allows for fines and possible six-month imprisonments for employees who have joined unlawful strikes and do not pay the fines, no one has been sentenced to prison for failing to pay these penalties.

While noting this information, the Committee considers that section 67 (6) still poses a risk of imprisonment involving compulsory labour being imposed on individuals who participate peacefully in a strike. The Committeetherefore requests the Government to ensure, both in law and practice, that persons who participate peacefully in a strike cannot be liable to sanctions of imprisonment, which involve compulsory prison 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 envisaged to review section 67 (6) of the Industrial Relations Act. Please, provide information on the application in practice of section 67 (6) of the Industrial Relations Act, indicating whether prison sentences have been imposed on persons who failed to pay the financial penalties resulting from their participation in strikes.