CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Solomon Islands (RATIFICATION: 2012)

Other comments on C105

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee observed that according to section 60 of the Correctional Service Act of 2007, all convicted prisoners may be required to work. Noting that section 63 of the Penal Code 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, the Committee requested the Government to provide information on the application in practice of this provision. The Committee notes that the Government indicates in its report that no case under section 63 of the Penal Code has been pursued in courts. It also notes that, in reply to the Committee’s request for information on laws governing the press and the media, the Government refers to the 2009 Telecommunications Act. The Committee notes that section 120(g) of this Act states that the use of telecommunications facilities for the purpose of harassing another person constitutes a criminal offence that could be subject to a sanction of imprisonment which, according to the Correctional Service Act, involves compulsory labour. The Committee 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. The Committee requests the Government to continue to provide information on the application in practice of section 63 of the Penal Code, in particular information concerning judicial decisions handed down or criminal prosecutions initiated on the basis of such provision, indicating the facts that gave rise to the prosecutions. The Committee also requests the Government to provide information on the practical application of section 120(g) of the 2009 Telecommunications Act, including information on judicial decisions imposing a prison sentence.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. 1. Civil servants. In its previous comments, the Committee requested the Government to provide information on legislation governing the conditions of employment of public servants. The Committee notes the different laws regulating the work of public servants indicated in the Government’s report. It also notes that the Government indicates that in addition to labour and public service legislation, civil servants are subject to codes of conduct and General Orders that provide for their conditions of work and disciplinary measures. The Committee requests the Government to indicate whether any of the codes of conduct or General Orders providing for disciplinary measures for civil servants refer to penal sanctions. If so, the Committee requests the Government to provide copies of such instruments.

2. Seafarers. In its previous comments, 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 there have been no reported cases regarding any breach of those provisions of the Shipping Act. While noting this information, 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, paragraph 312). In this regard, the Committee requests the Government to indicate the measures taken to review sections 131(e) and 132(a) and (b) of the Shipping Act with a view to ensuring that no seafarer may receive a sanction involving compulsory labour for acts that do not endanger the ship or the life or health of persons, in line with the Convention and indicated practice. The Committee also requests the Government to provide information on any progress made in this regard and, in the meantime, to continue to provide information on the practical application of the above-mentioned sections of the Shipping Act, including court decisions.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that, according to section 2(1) of the 1963 Essential Service Act, 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, in this regard, that in accordance with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be liable to penal sanctions involving compulsory 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 taken to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike cannot be punished with a sentence of imprisonment during which they may be required to perform compulsory labour.