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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1(1) and 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes from the information available on the website of the Ministry of Legal Affairs (Chambers of the Attorney General) that the Prevention of Trafficking in Persons Act of 2011, which criminalizes trafficking in persons for the purpose of sexual or labour exploitation, was amended by the Prevention of trafficking in Persons (Amendment) Act, 2023, with regard to the penalties for offences set out in the legislation (imprisonment from twelve to fifteen years). The Committee observes that Part III of the Prevention of Trafficking in Persons Act of 2011 outlines ways and modes of assistance of the victims of trafficking in persons, and Part V provides for the establishment of a national task force against the trafficking of persons. According to the official information available, the Anti-Trafficking in Persons unit (ATIPU) of the Royal Saint Vincent and the Grenadines Police Force has developed a strategic and national action plan that enables the safeguarding and assistance of victims of trafficking. The plan was reviewed by the Cabinet in 2021 and will expire in 2025.

The Committee requests the Government to provide information on the measures taken to implement the national action plan as well as on the activities of the National Task Force against Trafficking in Persons to prevent and combat trafficking in persons and to ensure that victims receive adequate protection, as provided for in the Prevention of Trafficking in Persons Act of 2011. The Committee also request the Government to provide information on the action of the Anti-Trafficking in Persons Unit (ATIPU) in relation to the detection and investigation of cases of trafficking for both labour and sexual exploitation. Please indicate whether any convictions have been handed down and, if so, what penalties were imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in reply to its earlier comments and, in particular, the Government’s indications that Saint Vincent and the Grenadines does not have a military or defence force or a Defence Force Act. It also notes that section 67(3) of the Prisons Act (Cap. 281) prohibits prisoners to work for the private benefit of any person.

Articles 1(1) and 2(1) of the Convention. Legislation concerning vagrancy. In its earlier comments, the Committee referred to the provision of section 123(b) of the Summary Jurisdiction Offences Ordinance, 1926, 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 indication that the Summary Jurisdiction (Procedures) Ordinance, 1926, has been repealed by the Criminal Procedure Code, 1988, and the Summary Conviction Offences Ordinance, 1926, has been repealed by the Criminal Code, 1988. It requested the Government to supply a copy of the repealing text.

The Committee notes that the Government has supplied, with its latest report, a copy of Act No. 44 of 1988, which repealed, inter alia, the Summary Jurisdiction (Procedures) Ordinance, 1926. The Committee again requests the Government to communicate, with its next report, a copy of the text which repealed the Summary Jurisdiction Offences Ordinance, 1926, which contained section 123(b) referred to above. Please also supply the latest updated and consolidated text of the Criminal Code (Cap. 124).

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

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.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted the information supplied by the Government in reply to its previous comments. It reiterates its request for 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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee has noted with interest the detailed information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, with its next report, 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. The Committee also requests the Government to provide additional information on the following points:

Articles 1(1) and 2(1) of the Convention. The Committee has noted that, under section 123(b) of the Summary Jurisdiction Offences Ordinance (Cap. 13), 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. The Committee refers to paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, in which it has considered that provisions relating to vagrancy and similar offences that were intended to protect society against disturbances of public order and tranquility by persons who not only habitually refuse to work but are also without any legal means of subsistence are compatible with the Convention, but penalties imposed or liable to be imposed on those who merely refuse to take an employment are contrary to the Convention, which prohibits recourse to the menace of any penalty as a means of compulsion to work. The Committee therefore requests 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.

Article 2(2)(a). The Committee has noted that, under section 4(3)(c) of the Constitution, the expression "forced labour" does not include any labour required of a member of a disciplined force in pursuance of his duties. It has also noted a statement in the Government’s reports that no guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. The Committee recalls that, under Article 2(2)(a), compulsory military service is excluded from the Convention only if used for work of a purely military character. It therefore requests the Government to indicate measures taken or envisaged in order to ensure compliance with the Convention on this point. Please also 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. Please indicate 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). 1. The Committee has noted from article4(3)(a) of the Constitution that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

2. The Committee has noted from section 36 of the Prisons Act (Cap. 281) that prisoners shall perform such labour as may be specified in Prison Rules. It has also noted that, under section 37 of the same Act, 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 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, as required in Article 2, paragraph 2(c). Please also supply copies of the Prisons Rules provisions relating to the prison labour.

Article 2(2)(d). The Committee has noted the Government’s statement in the reports 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. The Committee refers to paragraph 36 of its 1979 General Survey on the abolition of forced labour, where it pointed out that, in order to respect the limits of this exception provided for in the Convention, the power to call up labour should be confined to genuine cases of emergency; moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee therefore hopes 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, and that the Government will indicate such measures in its next report.