Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Saint-Kitts-et-Nevis (Ratification: 2000)

Autre commentaire sur C105

Demande directe

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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 the Government to provide information on the application of these provisions in practice. The Government stated that it was unable to provide any court decisions in this regard.

The Committee notes the Government’s information in its report that the judicial system upholds the penalty of hard labour for the abovementioned offences, and that the labour is performed for public projects. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour for public undertakings, as a means of political coercion or as a punishment for holding or peacefully expressing political views or views ideologically opposed to the established political, social or economic system. The Committee therefore requests the Government to consider amending the above provisions, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions of imprisonment with other kinds of sanctions (for example fines), in order to ensure that no sanctions involving compulsory labour, can be imposed as a punishment for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the application of the above provisions in practice, supplying copies of court decisions defining or illustrating their scope.