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

Forced Labour Convention, 1930 (No. 29) - Dominica (Ratification: 1983)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section. In its latest report, the Government indicates again that no measures have yet been taken to repeal this provision. The Committee therefore reiterates its hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention and with the indicated practice. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. However, in its latest report the Government indicates again that no measures have been taken to amend section 61(2) of the Prison Ordinance. The Committee therefore expresses firm hope that section 61(2) will be brought into conformity with Article 2(2)(c) of the Convention and with the indicated practice, and that the Government will soon be able to report the measures taken to this end.