CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Saint Lucia (RATIFICATION: 1980)

Other comments on C029

Direct Request

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The Committee notes with deep concern that the Government’s report on the Convention, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Counter-Trafficking Act of 2010 prohibits trafficking in persons and contains provisions relating to the compensation and protection of victims of trafficking. The Committee welcomes the establishment of a National Task Force for the Prevention of Trafficking, which, in particular, coordinates the collection and sharing of data among government agencies, engages in cooperation with foreign countries and civil society organizations, and provides training for law enforcement agencies (see the 2018 publication of the African, Caribbean and Pacific Group of States (ACP) – European Union (EU) Migration Action “Recommendations for Data Management System to Combat Human Trafficking in Saint Lucia”). According to information available on the website entitled “Saint Lucia against Human Trafficking”, a series of training workshops with relevant officials on the identification, referral and protection of victims of trafficking have been carried out under a project supported by the International Organization for Migration (IOM) and the UN Migration Agency.

The Committee, however, observes from the 2018 publication of the IOM and the UN Migration Agency, “Trafficking in Human Beings and Smuggling of Migrants in ACP Countries: Key Challenges and Ways Forward”, the lack of human, material and financial resources to investigate cases of trafficking in persons in Saint Lucia. In addition, the above-mentioned 2018 Recommendations indicate that potential cases of trafficking in persons are possibly unidentified and not dealt with by the law enforcement agencies. The Committee therefore requests the Government to strengthen its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. It also requests the Government to indicate the number of investigations, convictions and penalties for violations related to trafficking in persons. Lastly, the Committee requests the Government to provide information on the activities undertaken by the National Task Force for the Prevention of Trafficking.

Article 2(2)(c). Work of prisoners for the benefit of private persons. In its previous comments, the Committee noted that although the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963, any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the Correctional Services Act of 2003. It further observed that the Prison Rules of 1964 remained in force, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). The Committee also noted the Government’s statement that, in practice, prisoners were not permitted to work in the service of any person, but that there was no existing data to support this. The Committee once again reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also requests the Government to communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, once adopted.