Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Islas Salomón (Ratificación : 2012)

Article 1(a) of the Convention. Penal 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 previously noted that section 60 of the Correctional Service Act of 2007 establishes that all convicted prisoners may be required to perform work within or outside a correctional centre. It referred to the following offences, which are punishable by imprisonment, which involves compulsory labour:

• Section 63 of the Penal Code, which lays down a penalty of imprisonment for persons who maliciously fabricate or knowingly spread abroad any false news or false report tending to create or foster public alarm, public anxiety, or disaffection or to produce public detriment.
• Section 120(g) of the 2009 Telecommunications Act, which establishes that the use of telecommunications facilities to harass another person constitutes a criminal offence that could be subject to a sanction of imprisonment.

The Government states in its report that section 60 of the Correctional Service Act of 2007, which aligns to the Correctional Services Regulations of 2008, refers to prisoner’s engagement to work through rehabilitation programmes under prisoner management. Therefore, prisoners are not forced to work or labour, but they are engaged in work to be able to utilize what they have learned while in jail. The Committee observes in this regard that section 185 of the 2008 Correctional Services Regulations also establishes that all convicted prisoners may be required to perform work, within or outside a correctional centre. Consequently, both texts allow for work to be imposed on persons convicted of prison sanctions.

Furthermore, the Committee notes with regret that the Government has not provided information on the application in practice of sections 63 of the Penal Code and 120(g) of the 2009 Telecommunications Act. It recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, social, or economic system by prohibiting their punishment through penalties involving compulsory labour. Therefore, the Committee once again requests the Government to provide information on the application in practice of section 63 of the Penal Code and section 120(g) of the 2009 Telecommunications Act, including information on judicial decisions handed down under such provisions, indicating the facts that gave rise to the convictions and the sanctions applied.

2. Seafarers. Previously, the Committee drew attention to the provisions of the 1998 Shipping Act which lay down sanctions of imprisonment (involving compulsory labour) for seafarers who fail to obey lawful commands (section 131(e)) or individually or with other seafarers wilfully and persistently neglect their duty or disobeys any lawful command (section 132(a) and (b)). The Committee notes the Government´s indication that once ratified the Maritime Labour Convention, 2006 (MLC, 2006), it would look into ways to amend the Shipping Act.

In this regard, the Committee recalls that the imposition of sanctions of imprisonment (involving an obligation to perform labour) on seafarers for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons is incompatible with the Convention (2012 General Survey on the fundamental Conventions, para. 312). The Committee once again requests the Government to indicate the measures taken to review sections 131(e) and 132(a) and (b) of the Shipping Act to ensure that no seafarer may be sanctioned with penalties involving compulsory labour for acts that do not endanger the ship or the life or health of persons. The Committee once again requests the Government to provide information on the practical application of the above-mentioned sections of the Shipping Act, including on court decisions and sanctions applied.

Article 1(d). Penalties involving compulsory labour as a punishment for participating in strikes. The Committee notes that the Government has not provided any information regarding section 2(1) of the 1963 Essential Service Act, which provides that every person who, alone or in combination with others, causes a lock-out in an essential service shall be liable to a fine or imprisonment (involving compulsory labour). The Committee recalls that according to Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to penal sanctions involving compulsory labour. Thus, referring also to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee once again requests the Government to indicate the measures taken to remove sanctions provided for in section 2(1) of the 1963 Essential Service Act in order to ensure that persons who participate peacefully in a strike cannot be punished with a sanction of imprisonment under which they may be required to perform compulsory labour.