Abolition of Forced Labour Convention, 1957 (No. 105) - Kiribati (RATIFICATION: 2000)

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Previous comment

Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that certain provisions of the Penal Code, 1977, on offences relating to the prohibition of false rumours, seditious words or prohibited publications (sections 60, 66, 69(1), 70(3), 75, 76, and 78) as well as of the provisions Public Order Ordinance, 1977, relating to prohibitions concerning meetings, processions, assemblies, flags/emblems/uniforms in connection with political objects (sections 3, 4 and 14) – provide for penalties of imprisonment (involving compulsory labour under sections 46 and 47 of the Prisons Ordinance, 1977).

In this regard, the Committee notes the Government’s indication, in its report, that cases relating to the above-mentioned provisions of the Penal Code and of the Public Order Ordinance have yet to be reported and that there are therefore no court decisions on these issues in practice. The Committee also notes the Government’s information that it has initiated the amendment to these laws, but that it requires ILO technical and financial assistance to support legislative reform in this area.

The Committee wishes to recall, in this respect, that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic, social, or economic system by establishing that in the context of these activities they cannot be punished with sanctions involving an obligation to work. This also applies in relation to views expressed through the press and other communications media, as well as through various other generally recognized rights, such as the right of association and of assembly. The Committee therefore hopes that the Government will undertake a review of the above-mentioned provisions of the Penal Code and the Public Order Ordinance of 1977, so as to ensure that no sanctions involving compulsory labour, including compulsory prison labour, may, by law, be imposed as a punishment for holding or expressing political or ideological views. It encourages the Government to avail itself of ILO technical assistance in this regard. It also requests the Government to continue providing information on the application in practice of the provisions in question.

Article 1(d). Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. Regarding the Committee’s previous request for information on the application of section 138 of the Employment and Industrial Relations Act (EIRC), 2015, which, read in conjunction with section 152, provided for penalties for the violation of an order of the Registrar regarding strikes in essential services, the Committee takes due note of the Government’s indication that, to date, there have been no issues in this regard. In addition, the Committee observes that the EIRC was amended in 2021 and that penal sanctions in the form of fines imposed in unlawful, yet peaceful, strikes were repealed and replaced with a “proportionate disciplinary sanction” (including new section 138(5)).

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Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that, under sections 46 and 47 of the Prisons Ordinance of 1977, penalties of imprisonment involved an obligation to perform labour. It noted that penalties of imprisonment might be imposed under the following provisions of the Penal Code:

• -section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• -section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• -section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• -sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• -sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee also observed that the Public Order Ordinance of 1977 contained provisions punishing with imprisonment the infringement of various prohibitions concerning meetings, processions, assemblies, flags, and emblems and uniforms in connection with political objects, such as sections 3, 4 and 14. The Committee accordingly requested the Government to take the appropriate measures to bring the above-mentioned provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention, in order to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. It also requested the Government to continue to provide information on their application in practice.

The Government indicates that the Decent Work Advisory Board (DWAB) underlined that more consultations with the Office of the Attorney-General and relevant ministries were required to consider amendments that would bring sections 46 and 47 of the Prisons Ordinance in conformity with the Convention. The Committee notes the absence of information in the Government’s report regarding the application in practice of the above provisions.

In respect of the Public Order Ordinance, the Committee notes that, in addition to sections 3, 4 and 14, sections 5, 17, 18 and 20 also provide for penalties of imprisonment for the infringement of prohibitions concerning unlawful societies, public gatherings and unlawful assemblies. The Committee recalls that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political, social or economic system. Therefore, the Committee firmly hopes that the Government will take the necessary measures without delay to ensure that no sanctions involving compulsory labour, including compulsory prison labour, may be imposed, in law and in practice, as a punishment for holding or expressing political or ideological views. It requests the Government to provide information on the progress achieved in this regard. In the meantime, it requests the Government to supply information on the application of sections 60, 66, 69(1), 70(3), 75, 76 and 78 of the Penal Code, as well as on sections 3, 4, 5, 14, 17, 18 and 20 of the Public Order Ordinance, including the number and nature of the penalties applied.

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Article 1(d) of the Convention. Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. The Committee previously noted the Government’s indication that the Industrial Relations Act, which imposed sanctions of imprisonment (involving compulsory labour) for participation in strikes in essential services (section 37), would be repealed and replaced by the Employment and Industrial Relations Code of 2015 (EIRC). The Committee encouraged the Government to pursue its efforts to adopt the new EIRC with a view to addressing the issue of penal sanctions for participation in strikes.

The Committee notes with satisfaction that the Employment and Industrial Relations Code, which entered into force on 1 November 2016, addresses the issue of penal sanctions for participation in strikes. It notes that its section 138, contained in Part XVI on Industrial Action, provides for offences for the violation of an order of the Registrar regarding strikes in essential services. This section does not specify any penalty, however, section 152 provides for a fine for any person who commits an offence under this Code for which no specific penalty is prescribed. The Committee requests the Government to provide information on the application in practice of sections 138 and 152 of the Employment and Industrial Relations Code.

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

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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 initially made in 2016.

Repetition

Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory labour under sections 46 and 47 of the Prisons Ordinance of 1977) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee requested the Government to take the appropriate measures to bring the provisions of the Penal Code and Public Order Ordinance into conformity with the Convention. The Committee also requested the Government to continue to provide information on their application in practice as well as to supply copies of court decisions on their scope.

The Committee notes the Government’s indications in its report that it is irrelevant to bring the provisions of the Penal Code and Public Order Ordinance into conformity with Article 1(a) of the Convention. It states that article 6(3)(a) of the Kiribati Constitution states that any labour activities performed by a prisoner as a consequence of a court sentence or order is not considered as forced labour. The Government also indicates that section 122 of the Employment and Industrial Relations Code 2015 (EIRC) provides for the imposition of a fine of 10,000 Australian dollars (AUD) or a term of imprisonment of 25 years or both for a person, organization or union who exacts, procures or engages forced or compulsory labour. The Government reports that there are no published judicial decisions pursuant to sections 3, 4 and 14 of the Public Order Ordinance with respect to imprisonment for violation of the prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects. The Committee takes note of this information as well as the technical assistance provided by the Office in the framework of the Decent Work Country Programme. The Committee recalls that sanctions involving compulsory labour, as intended under sections 46 and 47 of the Prisons Ordinance, fall within the scope of the Convention where they enforce a prohibition of expression of views or of the opposition to the established political, social or economic system. The Committee once again hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention and indicated practice, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour 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 holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope. Moreover, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Article 1(d). Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. In its previous comments, the Committee noted that section 37 of the Industrial Relations Act of 2008 imposes sanctions of imprisonment involving compulsory labour for participation in strikes in essential services. It encouraged the Government to pursue its efforts to adopt the new EIRC to address the issue of penal sanctions for participation in strikes. It also requested the Government to provide information on the progress made in this regard.

The Government indicates in its report that the date of implementation of the EIRC has not been specified yet. It states in particular that section 136(4) of the EIRC provides for offences when a person contravenes the order of the Register relating to the strike. This clause does not recommend any penalty; however, section 152 of the EIRC regulates that a person who commits an offence under this Code for which no specific penalty is prescribed is liable on conviction to AUD$2,000 where a person is an individual and AUD$10,000 for a corporation, trade or employer organization. The Committee takes note of the new provisions of the EIRC. However, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Communication of texts. The Committee takes note of the copies provided by the Government of the Kiribati Chamber of Commerce Act 2013, the Incorporated Societies Act and Chapter 5 of the Kiribati Constitution, which govern political parties and associations.

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Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory labour under sections 46 and 47 of the Prisons Ordinance of 1977) may be imposed under the following provisions of the Penal Code:

• -section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• -section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• -section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• -sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• -sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee requested the Government to take the appropriate measures to bring the provisions of the Penal Code and Public Order Ordinance into conformity with the Convention. The Committee also requested the Government to continue to provide information on their application in practice as well as to supply copies of court decisions on their scope.

The Committee notes the Government’s indications in its report that it is irrelevant to bring the provisions of the Penal Code and Public Order Ordinance into conformity with Article 1(a) of the Convention. It states that article 6(3)(a) of the Kiribati Constitution states that any labour activities performed by a prisoner as a consequence of a court sentence or order is not considered as forced labour. The Government also indicates that section 122 of the Employment and Industrial Relations Code 2015 (EIRC) provides for the imposition of a fine of 10,000 Australian dollars (AUD) or a term of imprisonment of 25 years or both for a person, organization or union who exacts, procures or engages forced or compulsory labour. The Government reports that there are no published judicial decisions pursuant to sections 3, 4 and 14 of the Public Order Ordinance with respect to imprisonment for violation of the prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects. The Committee takes note of this information as well as the technical assistance provided by the Office in the framework of the Decent Work Country Programme. The Committee recalls that sanctions involving compulsory labour, as intended under sections 46 and 47 of the Prisons Ordinance, fall within the scope of the Convention where they enforce a prohibition of expression of views or of the opposition to the established political, social or economic system. The Committee once again hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention and indicated practice, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour 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 holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope. Moreover, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Article 1(d). Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. In its previous comments, the Committee noted that section 37 of the Industrial Relations Act of 2008 imposes sanctions of imprisonment involving compulsory labour for participation in strikes in essential services. It encouraged the Government to pursue its efforts to adopt the new EIRC to address the issue of penal sanctions for participation in strikes. It also requested the Government to provide information on the progress made in this regard.

The Government indicates in its report that the date of implementation of the EIRC has not been specified yet. It states in particular that section 136(4) of the EIRC provides for offences when a person contravenes the order of the Register relating to the strike. This clause does not recommend any penalty; however, section 152 of the EIRC regulates that a person who commits an offence under this Code for which no specific penalty is prescribed is liable on conviction to AUD$2,000 where a person is an individual and AUD$10,000 for a corporation, trade or employer organization. The Committee takes note of the new provisions of the EIRC. However, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Communication of texts. The Committee takes note of the copies provided by the Government of the Kiribati Chamber of Commerce Act 2013, the Incorporated Societies Act and Chapter 5 of the Kiribati Constitution, which govern political parties and associations.

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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 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour pursuant to sections 46 and 47 of the Prisons Ordinance (Cap. 76) of 1977) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee also noted the Government’s indication in its 2010 report that the Committee’s comments would be considered by the tripartite National Decent Work Agenda Steering Committee. In this connection, the Committee notes the Government’s statement that no court decisions have been handed down under the above provisions of the Penal Code.

The Committee observes further that the Public Order Ordinance (Cap. 82) of 1977 contains provisions punishing with imprisonment various prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects (for example, sections 3, 4 and 14). The Committee recalls that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee therefore hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour 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 holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. In its previous comments, the Committee noted that the Industrial Relations Code (Amendment) Act, 2008, had repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provided for the same sanctions for participation in strikes in essential services. The Committee notes the Government’s indication that this issue has been addressed in the context of the current labour law review. The Government indicates that the draft consolidated Employment and Industrial Relations Code, 2013 allows for the imposition of fines for the participation in peaceful strikes, while no imprisonment sanctions are provided for. The Committee encourages the Government to pursue its efforts to adopt the new Employment and Industrial Relations Code with a view to addressing the issue of penal sanctions for participation in strikes. It requests the Government to provide information on the progress made in this regard, as well as a copy of the new Code, once adopted.

Communication of texts. The Committee once again requests the Government to supply copies of laws governing political parties and associations.

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Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour pursuant to sections 46 and 47 of the Prisons Ordinance (Cap. 76) of 1977) may be imposed under the following provisions of the Penal Code:

• -section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• -section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• -section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• -sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• -sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee also noted the Government’s indication in its 2010 report that the Committee’s comments would be considered by the tripartite National Decent Work Agenda Steering Committee. In this connection, the Committee notes the Government’s statement that no court decisions have been handed down under the above provisions of the Penal Code.

The Committee observes further that the Public Order Ordinance (Cap. 82) of 1977 contains provisions punishing with imprisonment various prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects (for example, sections 3, 4 and 14). The Committee recalls that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee therefore hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour 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 holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. In its previous comments, the Committee noted that the Industrial Relations Code (Amendment) Act, 2008, had repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provided for the same sanctions for participation in strikes in essential services. The Committee notes the Government’s indication that this issue has been addressed in the context of the current labour law review. The Government indicates that the draft consolidated Employment and Industrial Relations Code, 2013 allows for the imposition of fines for the participation in peaceful strikes, while no imprisonment sanctions are provided for. The Committee encourages the Government to pursue its efforts to adopt the new Employment and Industrial Relations Code with a view to addressing the issue of penal sanctions for participation in strikes. It requests the Government to provide, in its next report, information on the progress made in this regard, as well as a copy of the new Code, once adopted.

Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of laws governing political parties and associations.

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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:

Repetition

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Public Order Ordinance (Cap. 82), as well as copies of the legislation in force in the following fields: laws governing political parties and associations; prison rules or regulations (including provisions governing prison labour); and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising; but sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee notes the Government’s indication in its 2010 report that the Committee’s comments will be considered by the tripartite National Decent Work Agenda Steering Committee. The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions held in the national tripartite committee referred to above and on any measures taken or envisaged in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed.

Article 1(d). Sanctions for participating in strikes. The Committee noted that the Industrial Relations Code (Amendment) Act, 2008, has repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provides for the same sanctions for participating in strikes in essential services.

Referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), likewise ratified by Kiribati, as well as to the explanations contained in paragraph 189 of its 2007 General Survey on the eradication of forced labour, the Committee hopes that measures will be taken to further amend the above section 37 of the Industrial Relations Code, so as to ensure that no sanctions of imprisonment (involving compulsory labour) can be imposed for participation in peaceful strikes. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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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:

Repetition

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Public Order Ordinance (Cap. 82), as well as copies of the legislation in force in the following fields: laws governing political parties and associations; prison rules or regulations (including provisions governing prison labour); and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising; but sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee notes the Government’s indication in its 2010 report that the Committee’s comments will be considered by the tripartite National Decent Work Agenda Steering Committee.

The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions held in the national tripartite committee referred to above and on any measures taken or envisaged in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed.

Article 1(d). Sanctions for participating in strikes. The Committee noted that the Industrial Relations Code (Amendment) Act, 2008, has repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provides for the same sanctions for participating in strikes in essential services.

Referring also to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, as well as to the explanations contained in paragraph 189 of its 2007 General Survey on the eradication of forced labour, the Committee hopes that measures will be taken to further amend the above section 37 of the Industrial Relations Code, so as to ensure that no sanctions of imprisonment (involving compulsory labour) can be imposed for participation in peaceful strikes. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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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 matters raised in its previous direct request, which read as follows:

Repetition

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Public Order Ordinance (Cap. 82), as well as copies of the legislation in force in the following fields: laws governing political parties and associations; prison rules or regulations (including provisions governing prison labour); and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising; but sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee notes the Government’s indication in the report that the Committee’s comments will be considered by the tripartite National Decent Work Agenda Steering Committee.

The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions held in the national tripartite committee referred to above and on any measures taken or envisaged in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed.

Article 1(d). Sanctions for participating in strikes. Referring to its observation under the Convention, in which the Committee noted that the Industrial Relations Code (Amendment) Act, 2008, has repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”, the Committee notes that section 37 still provides for the same sanctions for participating in strikes in essential services.

Referring also to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, as well as to the explanations contained in paragraph 189 of its 2007 General Survey on the eradication of forced labour, the Committee hopes that measures will be taken to further amend the above section 37 of the Industrial Relations Code, so as to ensure that no sanctions of imprisonment (involving compulsory labour) can be imposed for participation in peaceful strikes. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Public Order Ordinance (Cap. 82), as well as copies of the legislation in force in the following fields: laws governing political parties and associations; prison rules or regulations (including provisions governing prison labour); and any provisions governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

–           section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);

–           section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);

–           section 69(1) (contravening a court order prohibiting the publication of a newspaper);

–           sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and

–           sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee pointed out that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising; but sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system.

The Committee notes the Government’s indication in the report that the Committee’s comments will be considered by the tripartite National Decent Work Agenda Steering Committee.

The Committee hopes that the Government will provide, in its next report, information on the outcome of the discussions held in the national tripartite committee referred to above and on any measures taken or envisaged in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed.

Article 1(d). Sanctions for participating in strikes. Referring to its observation under the Convention, in which the Committee noted that the Industrial Relations Code (Amendment) Act, 2008, has repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”, the Committee notes that section 37 still provides for the same sanctions for participating in strikes in essential services.

Referring also to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, as well as to the explanations contained in paragraph 189 of its 2007 General Survey on the eradication of forced labour, the Committee hopes that measures will be taken to further amend the above section 37 of the Industrial Relations Code, so as to ensure that no sanctions of imprisonment (involving compulsory labour) can be imposed for participation in peaceful strikes. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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Article 1(d) of the Convention. Sanctions for participating in strikes. The Committee notes with satisfaction that the Industrial Relations Code (Amendment) Act, 2008, has repealed a provision in section 30 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) against unlawful strikes. The Committee also notes with satisfaction that the same Act has repealed a provision in section 37 of the Industrial Relations Code, which imposed similar sanctions in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”.

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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:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of penal sentences; laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations; and any provisions governing labour discipline in merchant shipping.

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

–      section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);

–      section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);

–      section 69(1) (contravening a court order prohibiting the publication of a newspaper);

–      sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer);

–      sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee points out, referring also to the explanations contained in paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising. But sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore hopes that the necessary measures will be taken with regard to the provisions of the Penal Code referred to above in order to bring legislation into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope.

Article 1, subparagraph d. Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, in which the Committee referred to broad restrictions on the right to strike imposed by the Industrial Relations Code, 1998, the Committee has noted that, according to section 30 of the Industrial Relations Code, sanctions against unlawful strikes include imprisonment of up to one year (which involves compulsory prison labour). Moreover, under section 37 of the Industrial Relations Code, similar sanctions may be imposed in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure. However, the provisions of the Industrial Relations Code impose restrictions on the right to strike (enforceable with penal sanctions involving compulsory labour) in a wider range of circumstances, which is not in conformity with the Convention.

The Committee therefore hopes that measures will be taken to ensure that the above provisions imposing restrictions on the right to strike enforceable with sanctions involving compulsory prison labour are limited in scope to essential services in the strict sense of the term, or to public servants exercising authority in the name of the State, or to the cases of force majeure, and that no sanctions involving compulsory labour can be imposed for participation in peaceful strikes in other services. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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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:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws and regulations governing the execution of penal sentences; laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

–      section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);

–      section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);

–      section 69(1) (contravening a court order prohibiting the publication of a newspaper);

–      sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer);

–      sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee points out, referring also to the explanations contained in paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising. But sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore hopes that the necessary measures will be taken with regard to the provisions of the Penal Code referred to above in order to bring legislation into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope.

Article 1(d). Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, in which the Committee referred to broad restrictions on the right to strike imposed by the Industrial Relations Code, 1998, the Committee has noted that, according to section 30 of the Industrial Relations Code, sanctions against unlawful strikes include imprisonment of up to one year (which involves compulsory prison labour). Moreover, under section 37 of the Industrial Relations Code, similar sanctions may be imposed in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure. However, the provisions of the Industrial Relations Code impose restrictions on the right to strike (enforceable with penal sanctions involving compulsory labour) in a wider range of circumstances, which is not in conformity with the Convention.

The Committee therefore hopes that measures will be taken to ensure that the above provisions imposing restrictions on the right to strike enforceable with sanctions involving compulsory prison labour are limited in scope to essential services in the strict sense of the term, or to public servants exercising authority in the name of the State, or to the cases of force majeure, and that no sanctions involving compulsory labour can be imposed for participation in peaceful strikes in other services. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

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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 legislation in force in the following fields: laws and regulations governing the execution of penal sentences; laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Penal Code:

–           section 60 (spreading false rumours, whether by writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);

–           section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);

–           section 69(1) (contravening a court order prohibiting the publication of a newspaper);

–           sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer);

–           sections 75 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee points out, referring also to the explanations contained in paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence or incite to the use of violence, armed resistance or an uprising. But sanctions involving compulsory labour are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political system. The Committee therefore hopes that the necessary measures will be taken with regard to the provisions of the Penal Code referred to above in order to bring legislation into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of the court decisions which could define or illustrate their scope.

Article 1(d). Sanctions for participating in strikes. Referring to its comments addressed to the Government under Convention No. 87, likewise ratified by Kiribati, in which the Committee referred to broad restrictions on the right to strike imposed by the Industrial Relations Code, 1998, the Committee has noted that, according to section 30 of the Industrial Relations Code, sanctions against unlawful strikes include imprisonment of up to one year (which involves compulsory prison labour). Moreover, under section 37 of the Industrial Relations Code, similar sanctions may be imposed in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee draws the Government’s attention to the explanations in paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, in which it recalled that the imposition of restrictions on the right to strike enforceable with sanctions involving compulsory labour is only possible in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or with respect to public servants exercising authority in the name of the State, or in situations of force majeure. However, the provisions of the Industrial Relations Code impose restrictions on the right to strike (enforceable with penal sanctions involving compulsory labour) in a wider range of circumstances, which is not in conformity with the Convention.

The Committee therefore hopes that measures will be taken to ensure that the above provisions imposing restrictions on the right to strike enforceable with sanctions involving compulsory prison labour are limited in scope to essential services in the strict sense of the term, or to public servants exercising authority in the name of the State, or to the cases of force majeure, and that no sanctions involving compulsory labour can be imposed for participation in peaceful strikes in other services. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.