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Forced Labour Convention, 1930 (No. 29) - Saint Kitts and Nevis (Ratification: 2000)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 25 of the Convention. Penal sanctions for the exaction of forced or compulsory labour. With regard to the existence of legislative provisions establishing penal sanctions for of the imposition of forced labour, the Government indicates that the National Tripartite Committee in charge of drafting the Labour Code is debating the introduction of provisions into the Labour Code establishing sanctions for the imposition of forced or compulsory labour. The Committee notes this information and observes that section 3 of the Trafficking in Persons (Prevention) Act, 2008 provides for a penalty of up to 20-years imprisonment or a fine, or both, for trafficking in persons. Recalling the importance that forced labour practices be punishable with adequate and dissuasive penal sanctions, the Committee requests the Government to indicate if cases of trafficking, as well as other forms of forced labour, have been investigated and prosecuted under section 3 of the Trafficking in Persons (Prevention) Act, 2008 or under any other provision of the criminal legislation.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. For a number of years, the Committee had observed that pursuant to section 193(5) of the Prison Act (Cap 19.08), prisoners (who pursuant to section 193(1) are under the obligation to undertake useful work) may be employed for the private benefit of any person, in pursuance of special rules. Having noted that, in practice, prisoners carry out work for private entities, the Committee requested the Government to review the Prison Act to ensure that prisoners only undertake work or service for private persons or entities on a voluntary basis. The Committee notes that the Government reiterates that the recommendations of the Committee will be reviewed by the National Tripartite Committee, in consultation with the competent authority and the Ministry of National Security, to ensure that any work or service by prisoners for private persons is performed voluntarily and notes with regret the lack of progress made in this regard. Therefore, the Committee urges the Government to take measures to review section 193(5) of the Prison Act (Cap 19.08) to ensure that any work or service by convicted prisoners for private persons is performed with the formal, freely given and informed consent of the prisoners concerned. It also requests the Government to ensure that, in practice, the conditions of work of the prisoners working for private entities approximate those of a free labour relationship.

The Committee is raising other issues in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. According to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. The Government stated that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is performed under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. The Government also indicated that it hoped to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. In this regard, section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards.

The Committee notes the Government’s information in its report that the prison administration intends to move towards a work-release programme, where inmates can work, are paid for his/her skills or labour and participate in the social security scheme as others (in a free labour relationship). The Government also indicates that this area is still being discussed as part of the draft Labour Code consultations by the National Tripartite Committee. In this regard, the Committee recalls that according to Article 2(2)(c) of the Convention, prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee once again requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that national law does not provide for penal sanctions to be applied in the case of the violation of a person’s rights (article 6 of the Constitution), which prohibits slavery and servitude. The Government indicated that there were no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour, and that the necessary measures were being taken to give effect to Article 25 of the Convention.

The Committee notes the Government’s information that the penalty for the exaction of forced labour is being discussed by the National Tripartite Committee within the framework of the draft Labour Code consultations. The Prison Superintendent and the government legal councils are involved in this process. Referring to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee observes that, in the absence of other applicable penal provisions, the penalties envisaged in the Labour Code for the prohibition of forced labour consist in general terms of administrative sanctions which, in view of their nature and level, do not give effect to Article 25 of the Convention. In this regard, the Committee recalls that, pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee therefore requests the Government to take the necessary measures to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. According to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. The Government stated that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is performed under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. The Government also indicated that it hoped to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. In this regard, section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards.

The Committee notes the Government’s information in its report that the prison administration intends to move towards a work-release programme, where inmates can work, are paid for his/her skills or labour and participate in the social security scheme as others (in a free labour relationship). The Government also indicates that this area is still being discussed as part of the draft Labour Code consultations by the National Tripartite Committee. In this regard, the Committee recalls that according to Article 2(2)(c) of the Convention, prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee once again requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that national law does not provide for penal sanctions to be applied in the case of the violation of a person’s rights (article 6 of the Constitution), which prohibits slavery and servitude. The Government indicated that there were no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour, and that the necessary measures were being taken to give effect to Article 25 of the Convention.

The Committee notes the Government’s information that the penalty for the exaction of forced labour is being discussed by the National Tripartite Committee within the framework of the draft Labour Code consultations. The Prison Superintendent and the government legal councils are involved in this process. Referring to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee observes that, in the absence of other applicable penal provisions, the penalties envisaged in the Labour Code for the prohibition of forced labour consist in general terms of administrative sanctions which, in view of their nature and level, do not give effect to Article 25 of the Convention. In this regard, the Committee recalls that, pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee therefore requests the Government to take the necessary measures to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. According to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. The Government stated that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is performed under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. The Government also indicated that it hoped to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. In this regard, section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards.

The Committee notes the Government’s information in its report that the prison administration intends to move towards a work-release programme, where inmates can work, are paid for his/her skills or labour and participate in the social security scheme as others (in a free labour relationship). The Government also indicates that this area is still being discussed as part of the draft Labour Code consultations by the National Tripartite Committee. In this regard, the Committee recalls that according to Article 2(2)(c) of the Convention, prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee once again requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted that national law does not provide for penal sanctions to be applied in the case of the violation of a person’s rights (article 6 of the Constitution), which prohibits slavery and servitude. The Government indicated that there were no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour, and that the necessary measures were being taken to give effect to Article 25 of the Convention.

The Committee notes the Government’s information that the penalty for the exaction of forced labour is being discussed by the National Tripartite Committee within the framework of the draft Labour Code consultations. The Prison Superintendent and the government legal councils are involved in this process. Referring to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee observes that, in the absence of other applicable penal provisions, the penalties envisaged in the Labour Code for the prohibition of forced labour consist in general terms of administrative sanctions which, in view of their nature and level, do not give effect to Article 25 of the Convention. In this regard, the Committee recalls that, pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced. The Committee therefore requests the Government to take the necessary measures to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. Pursuant to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. In this regard, the Committee recalled that according to Article 2(2)(c) prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee notes the Government’s statement that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is done under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. It also notes the Government’s statement that the Committee’s comments in this regard have been noted and that the Government hopes to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. The Government indicates in this regard that section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards. The Committee requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that national law does not provide for penal sanctions to be applied in the case of a conviction for the violation of a person’s rights provided for in article 6 of the Constitution, which prohibits slavery and servitude. The Government indicated that there had been no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour. In this regard, the Committee recalled that pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced.

The Committee notes the Government’s statement that the necessary measures are being taken to give effect to Article 25 of the Convention. The Committee requests the Government to provide information on the steps being taken to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.

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

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that, pursuant to section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. Pursuant to section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules. In this regard, the Committee recalled that according to Article 2(2)(c) prisoners may not be hired to, or placed at, the disposal of private individuals, companies or associations. The work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned, performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee notes the Government’s statement that work done by prisoners for private parties includes chopping down large trees, painting schools, cleaning yards and hanging street banners. Work is done under the supervision of a prison guard, and under conditions that include a scheduled lunch break, adherence to occupational safety and health principles and practices, and the provision of a monetary allowance. It also notes the Government’s statement that the Committee’s comments in this regard have been noted and that the Government hopes to take the necessary measures to ensure that any work or service by prisoners for private persons is performed voluntarily, with the freely given consent of prisoners authenticated by conditions of work approximating a free labour relationship. The Government indicates in this regard that section 193(5) has been placed on the schedule for revision as part of the draft Labour Code consultations by the National Tripartite Committee on Labour Standards. The Committee requests the Government to pursue its efforts, within the framework of the ongoing legislative reform, to amend section 193(5) of the Prisons Act to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that national law does not provide for penal sanctions to be applied in the case of a conviction for the violation of a person’s rights provided for in article 6 of the Constitution, which prohibits slavery and servitude. The Government indicated that there had been no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour. In this regard, the Committee recalled that pursuant to Article 25 of the Convention, ratifying States must ensure that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed by law are really adequate and are strictly enforced.

The Committee notes the Government’s statement that the necessary measures are being taken to give effect to Article 25 of the Convention. The Committee requests the Government to provide information on the steps being taken to ensure that the exaction of forced or compulsory labour is punishable as a penal offence, and that the penalties imposed are adequate and strictly enforced. It also requests the Government to provide copies of any legislation adopted in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes that under section 29 of the Defence Force Act of 1997, any soldier of the regular force may be discharged by the competent military authority at any time during the currency of any term of engagement and on any grounds as may be prescribed. It also notes that under section 30 of the above Act, a soldier is entitled to claim his or her discharge at any time within three months after the date of his or her attestation, upon the payment of US$100. While noting these provisions, the Committee requests the Government to indicate, in its next report, the grounds for resignation that may be prescribed under section 29 of the Defence Force Act.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that, under section 193(1) of the Prison Act (Cap 19.08), prison labour is compulsory for convicted prisoners. It also notes that, under section 193(5), a prisoner may be employed for the private benefit of any person, in pursuance of special rules.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations. However, in spite of this prohibition, the Committee has considered that work of prisoners for private parties is compatible with the Convention where it does not involve compulsory labour and is carried out with the informed, formal and freely given consent of the persons concerned. The Committee refers in this connection to the explanations provided in paragraphs 59–60 and 114–120 of its 2007 General Survey on the eradication of forced labour, where it pointed out that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee therefore hopes that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the formal, freely given and informed consent of the prisoners concerned, such consent being authenticated by conditions of work approximating a free labour relationship. In particular, consideration should be given to amending the abovementioned section 193(5) with a view to meeting such requirements. Pending the adoption of such measures, the Committee requests the Government to provide information on the work of prisoners for private parties, including the information concerning their conditions of work, in particular, as regards wages and social security.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee notes the Government’s indication that national law does not provide for penal sanctions to be applied in the case of a conviction for the violation of a person’s rights provided for in section 6 of the Constitution, which prohibits slavery and servitude. The Government also states that there have been no legal proceedings instituted as a consequence of the illegal exaction of forced or compulsory labour. The Committee recalls once again that, under Article 25 of the Convention, ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”. The Committee hopes that the necessary measures will be taken to give effect to this Article of the Convention and that the Government will report the progress made in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Supply of legislation. The Committee again requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations, as well as any other provisions governing prison labour.

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes the Government’s indication in the report that, under section 29 of the Defence Force Act, 1997, any soldier of the regular force may be discharged by the competent military authority at any time during the currency of any term of engagement and on any grounds. The Committee requests the Government to indicate the prescribed grounds for resignation and to supply, with its next report, a copy of the Defence Force Act, 1997.

Article 2(2)(a). Compulsory military service laws. The Committee notes the Government’s indication in the report that there is no compulsory military service in Saint Kitts and Nevis and that any person who enlists to serve in the Defence Force or other disciplined forces does so voluntarily.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee notes the Government’s clarifications concerning the meaning of an “order of a court”. As regards the work of prisoners, the Committee notes the Government’s statement in the report that inmates who are remanded are not subjected to or placed at the disposal of private individuals, companies or associations. The Committee again requests the Government to provide information on provisions governing the work of convicted persons and supply copies of relevant texts, including the West Indies Associated Supreme Court Order, 1967.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee notes the Government’s indication in the report that no decisions have been given by courts of law or other tribunals as a consequence of the illegal exaction of forced or compulsory labour. The Committee recalls that, under Article 25 of the Convention, the ratifying States must ensure that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”. The Committee therefore requests the Government to provide information on the penal provisions punishing the illegal exaction of forced or compulsory labour and, more generally, on any measures taken or envisaged to give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations (as well as any other provisions governing prison labour); the Defence Force Act and other Acts governing disciplined forces, as well as additional information on the following points.

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to leave their service. Please indicate any provisions applicable to military officers and other career members of disciplined forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Services exacted under compulsory military service laws. Please indicate whether any work or service may be exacted from conscripts under compulsory military service laws, in accordance with section 6(3)(c) of the Constitution of Saint Kitts and Nevis of 1983 and, if so, what guarantees are provided to ensure that services exacted from conscripts are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections to serving as members of the defence force, to which reference is made in section 6(3)(c) of the Constitution.

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. The Committee notes from section 6(3)(a) of the Constitution that the expression “forced labour” does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee therefore requests the Government to clarify the meaning and the scope of an “order of a court” (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

2. Prison labour. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 25. Penal sanctions. The Committee notes the Government’s indication in the report that, in case of contravention of section 6 of the Constitution (protection from slavery and forced labour), a person who alleges such a contravention may apply to the high court for redress, under section 18(1) of the Constitution. The Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour under this section of the Constitution and on any penalties imposed on perpetrators, supplying copies of relevant court decisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom of career military servicemen to leave their service. Please indicate any provisions applicable to military officers and other career members of disciplined forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Services exacted under compulsory military service laws. Please indicate whether any work or service may be exacted from conscripts under compulsory military service laws, in accordance with section 6(3)(c) of the Constitution of Saint Kitts and Nevis of 1983 and, if so, what guarantees are provided to ensure that services exacted from conscripts are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections to serving as members of the defence force, to which reference is made in section 6(3)(c) of the Constitution.

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. The Committee notes from section 6(3)(a) of the Constitution that the expression “forced labour” does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee therefore requests the Government to clarify the meaning and the scope of an “order of a court” (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

2. Prison labour. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. The Committee notes from section 6(3)(a) of the Constitution that the expression “forced labour” does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee therefore requests the Government to clarify the meaning and the scope of an “order of a court” (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Code and Prison Regulations (as well as any other provisions governing prison labour); the Defence Force Act and other Acts governing disciplined forces, as well as additional information on the following points.

Article 2(2)(c). 1. Work exacted as a consequence of a conviction in a court of law. The Committee notes from section 6(3)(a) of the Constitution that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee therefore requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Article 25. Penal sanctions. The Committee notes the Government’s indication in the report that, in case of contravention of section 6 of the Constitution (protection from slavery and forced labour), a person who alleges such a contravention may apply to the high court for redress, under section 18(1) of the Constitution. The Committee requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour under this section of the Constitution and on any penalties imposed on perpetrators, supplying copies of relevant court decisions.