Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee 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of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice.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 hopes that the Government will 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, when such regulations are adopted.