Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.