Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Kitts and Nevis (Ratification: 2000)

Other comments on C105

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that sanctions of imprisonment involving an obligation to perform labour (under section 193(1) of the Prison Act (Cap.19.08)) may be imposed under the following provisions:

-section 4(10) of the Public Meetings and Processions Act (Cap.19.10) (organizing any public procession contrary to the provisions of this section);
-section 3(1), read in conjunction with section 6(1), of the Public Order Act (wearing in any public meeting a uniform signifying association with any political organization or with the promotion of any political object);
-section 22, read in conjunction with section 23, of the Public Order Act (taking part in a prohibited meeting or march).

The Committee requested information on the application of these provisions in practice.

The Committee notes the Government’s statement that it is unable to provide any court decisions in this regard. Recalling that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour (including compulsory prison labour) as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, the Committee requests the Government to provide information, when available, on the application of the abovementioned provisions in practice.

Article 1(d). Punishment for having participated in strikes. The Committee previously noted the Government’s indication that there is no specific law restricting the right to strike and that restrictions on strikes by workers who provide essential services, such as the police and civil servants, are enforced by established practice and custom, not by law.

The Committee notes the Government’s statement that it does not have any information on any sanctions imposed for having participated in strikes, or copies of any relevant court decisions to provide. It states that the country has had few strikes related to industrial relations issues, and that there have been no major strikes in the country for over 20 years. Taking due note of this information, the Committee requests the Government to provide information, when available, on any sanctions imposed for participation in strikes, in its future reports.