Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 29) sur le travail forcé, 1930 - Dominique (Ratification: 1983)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Regarding the measures taken to ensure proper identification by law enforcement bodies of cases of trafficking fin persons, the Committee notes the Government’s indication in its report that the Financial Investigation Unit (FIU) has not investigated any cases of trafficking in persons as referred to in section 8(1) and 5 of the Transnational Organized Crime (Prevention and Control) Act 2013, and as such, does not hold statistics on investigations, prosecutions and convictions in this regard. The Committee requests the Government to provide information on the measures taken to: (i) raise awareness on trafficking in persons for general public; (ii) provide adequate information and training to law enforcement bodies to ensure that cases of trafficking in persons for both labour and sexual exploitation are properly identified and investigated. The Committee also requests the Government to provide information on any investigation and prosecution carried out and conviction imposed under section 13(4) of the Transnational Organized Crime (Prevention and Control) Act of 2013.

Idle persons. For several years, the Committee has been requesting the Government to review section 49(1) of the Small Charges Act, Chapter 10:39, under which any person being able wholly or in part, to maintain himself by work or by other means, and wilfully refusing or neglecting to do so, is deemed an idle and disorderly person and liable to imprisonment for one month. The Committee notes the Government’s indication that although section 49(1) of the Small Charges Act has not been amended or repealed, measures will be taken through the Ministry of Labour, Public Service Reform, Social Partnership, Entrepreneurship and Small Business Development to bring the legislation into conformity with the Convention.

The Committee recalls that when provisions concerning vagrancy and similar offences are broadly formulated, they may lead to the imposition of sanctions on persons for the mere fact of being considered idle or vagrants and therefore they constitute an indirect compulsion to work. The Committee once again requests the Government to take the necessary measures to amend or repeal section 49(1) of the Small Charges Act in order to bring the legislation into conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 2(2)(c). Prison labour. The Committee recalls that, under the Prisons Act Chapter 12:70, 1990, prisoners shall be required to engage in useful work for no more than 10 hours a day, for which they may receive payment (sections 59 and 60). When employed outside the prison walls, prisoners are subject to the prison regulations and are deemed to be in custody of the Superintendent as if they were within the prison (section 20). The Committee takes due note of the Government’s confirmation that the Prison Services have not hired or placed prisoners at the disposal of any private entity. Prisoners are allowed to work expressly within the prison walls and, as provided under sections 59 and 60 of the Prisons Act, when prisoners go out is to assist other Government institutions.