Abolition of Forced Labour Convention, 1957 (No. 105) - Dominica (Ratification: 1983)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 5 of the Seditious and Undesirable Publications Act, Chapter 10:03 of 1968 a person who engages in seditious acts, make seditious pronouncements, or produces, publishes, sells or distributes seditious publications is liable to imprisonment. Section 3(1) defines seditious intention as including, among others, a false statement or wilful misrepresentation of facts or of the motives of intentions of the Government or any Officer or minister of the Government to excite dislike or discontent with the Government. The Committee also noted that section 6(4) of the Act, read together with section 12, provides for a penalty of imprisonment for the production, reproduction, possession and distribution of publications prohibited by an Order or notice. The Committee observed that the above-mentioned provisions of the Seditious and Undesirable Publications Act were broadly defined. Noting that according to section 59 of the Prison Rules, Chapter 12:70, as amended as of 1990, persons convicted to a sentence of imprisonment can be required to undertake compulsory labour, the Committee requested the Government to provide information on the application in practice of the above-mentioned provisions of the Seditious and Undesirable Publications Act.

The Committee notes that in its 2020 concluding observations for Dominica, the United Nations Human Rights Committee referred to the Libel and Slander Act, chapter 7:04, as amended as of 1979 expressing its concern about the disproportionate sanctions in relation to defamation established therein and its impact on the exercise of freedom of expression (CCPR/C/DMA/COA/R/1, paragraph 41). According to section 6 of this Act, any person, who maliciously publishes any defamatory libel, is liable to imprisonment of up to one year. The Committee also notes that the Government indicates in its 2020 reply to the issues raised by the UN Human Rights Committee that a number of journalists in Dominica have been found guilty of defamation of individuals serving in Government, as well as in the opposition and the general public (CCPR/C/DMA/RQAR/1, para. 86).

The Committee recalls that under Article 1(a) of the Convention, persons who have expressed certain political views or views ideologically opposed to the established political, social or economic system should not be punished with sanctions involving compulsory labour. The Committee wishes to emphasize that laws against defamation, sedition or subversion, when defined in wide or general terms, may lead to the imposition of penalties involving compulsory labour as a means of political coercion or as a punishment for the expression of political or ideological views (2012 General Survey on the fundamental Conventions, paragraph 304). The Committee therefore requests the Government to ensure that no penalties involving compulsory labour, including compulsory prison labour, may be imposed for the peaceful expression of political views or views opposed to the established political, social or economic system, both in law and in practice. In this regard, the Committee requests the Government to provide information on the application in practice of sections 5 and 6, read together with section 12, of the Seditious and Undesirable Publications Act; as well as of section 5 of the Libel and Slander Act, including court decisions. The Committee also requests the Government to include information on the number of prosecutions made under each provision, the grounds for prosecution, as well as on the number of convictions and the nature of the penalties imposed.

Article 1(c). Sanctions involving compulsory labour for breaches of labour discipline. Seafarers. The Committee notes that according to section 194(c) of the International Maritime Act, (Act No. 9) of 2000, a crew member of a vessel who solicits or incites any other member of the crew to disobey or resist the lawful orders of the Master or other officers of such vessel is liable to imprisonment for up to ten years. The Committee recalls that Article 1(c) of the Convention prohibits the use of compulsory labour as a means of labour discipline. The Committee stresses in this regard that provisions establishing prison sanctions, involving compulsory labour, for breaches of labour discipline that do not tend to endanger the ship or the life or health of persons, are not in conformity with the Convention (2012 General Survey on the fundamental Conventions, paragraph 312). The Committee therefore requests the Government to provide information on the application in practice of section 194(c) of the International Maritime Act, including on relevant court decisions, indicating the nature of the sanctions imposed and the facts giving rise to the conviction, in order to enable the Committee to assess whether this provision is applied in a manner compatible with the Convention.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. The Committee notes that section 67 of the Industrial Relations Act, Chapter 89:01 of 1986 provides for financial sanctions for employees who participate in strikes that are contrary to this Act and that failure to pay the imposed sanctions is punishable by imprisonment for six months. The Committee observes that section 61(1) of the Act establishes that no trade union shall declare a strike unless the Minister responsible for industrial relations has not referred the trade dispute to an arbitration tribunal within fourteen days after the dispute is reported to the Minister. In this regard, the Committee also refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee recalls that according to Article 1(d) of the Convention, no sanctions involving compulsory labour, including compulsory prison labour, may be imposed on workers for the mere fact of peacefully participating in a strike. The Committee requests the Government to ensure that, in both law and practice, persons who participate peacefully in a strike cannot be liable to sanctions of imprisonment, which involve compulsory labour. The Committee also requests the Government to provide information on the application in practice of section 67 of the Industrial Relations Act, indicating in particular whether, prison sentences have been imposed on persons who failed to pay the financial penalties imposed as a consequence of their participation in strikes.

The Committee reminds the Government that it can avail itself of the technical assistance of the Office in relation to the issues raised above.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

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 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret 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. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. Over a number of years, the Committee has been referring to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules). The Committee recalls, referring also to the explanations in paragraph 154 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, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

As the Committee previously pointed out, the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee therefore requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, as soon as such information becomes available, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

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 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. In its earlier comments, the Committee referred to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules).

As the Committee pointed out in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

The Committee observes that the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity to the Convention. Noting also the Government’s statement in the report that no persons have been charged or imprisoned under the 1968 Act, the Committee would appreciate it if the Government would supply, in its future reports, information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. In its earlier comments, the Committee referred to sections 5(1) and (2), 6(4) and 8(5) of the Seditious and Undesirable Publications Act, 1968 (No. 16), read in conjunction with section 12(1) of the same Act, which contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves an obligation to perform labour under the Prison Rules).

As the Committee pointed out in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system.

 The Committee observes that the above provisions of the Seditious and Undesirable Publications Act, 1968, provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity to the Convention. Noting also the Government’s statement in the report that no persons have been charged or imprisoned under the 1968 Act, the Committee would appreciate it if the Government would supply, in its future reports, information on any cases of practical application of these provisions, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

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 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. The Committee previously noted that section 5(1) and (2) of the Seditious and Undesirable Publications Act, 1968 (No. 16), as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves compulsory labour). The Committee noted that the above Act had repealed and replaced the Seditious and Undesirable Publications Ordinance, 1940, which contained similar provisions.

The Committee notes the Government’s statement in its report that the Seditious and Undesirable Publications Act, 1968 (No. 16), has been included into the 1990 Revised Laws of Dominica, but that no mention has been made of forced or compulsory labour in the revision. However, the Committee previously noted that sanctions of imprisonment involve an obligation to perform labour under the Prison Rules.

The Committee points out in this connection, referring also to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore requests the Government once again to supply information on any cases of practical application of the above provisions of the 1968 Act, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to assess their conformity with the Convention.

 

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for expressing political views opposed to the established system. The Committee previously noted that section 5(1) and (2) of the Seditious and Undesirable Publications Act, 1968 (No. 16), as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment (which involves compulsory labour). The Committee noted that the above Act had repealed and replaced the Seditious and Undesirable Publications Ordinance, 1940, which contained similar provisions.

The Committee notes the Government’s statement in its report that the Seditious and Undesirable Publications Act, 1968 (No. 16), has been included into the 1990 Revised Laws of Dominica, but that no mention has been made of forced or compulsory labour in the revision. However, the Committee previously noted that sanctions of imprisonment involve an obligation to perform labour under the Prison Rules.

The Committee points out in this connection, referring also to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore requests the Government once again to supply information on any cases of practical application of the above provisions of the 1968 Act, including copies of relevant court decisions defining or illustrating their scope and indicating the penalties imposed, in order to enable the Committee to assess their conformity with the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. 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 1(a) of the Convention. The Committee previously referred to sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, 1940, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. It noted the Government’s repeated indications in its reports that there had been no cases of practical application of the abovementioned sections.

The Committee has noted the Government’s indication in its latest report received in September 2001 that the abovementioned Ordinance had been repealed and replaced by the Seditious and Undesirable Publications Act, 1968 (No. 16). It has also noted that section 5(1) and (2) of this Act, as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions similar to those of the 1940 Ordinance referred to above, making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment involving compulsory labour. The Committee requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(a) of the Convention. The Committee previously referred to sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, 1940, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. It noted the Government’s repeated indications in its reports that there had been no cases of practical application of the abovementioned sections.

The Committee has noted the Government’s indication in its latest report received in September 2001 that the abovementioned Ordinance had been repealed and replaced by the Seditious and Undesirable Publications Act, 1968 (No. 16). It has also noted that section 5(1) and (2) of this Act, as well as sections 6(4) and 8(5), read in conjunction with section 12(1) of the same Act, contain provisions similar to those of the 1940 Ordinance referred to above, making various offences related to seditious acts or publications and prohibited publications punishable by imprisonment involving compulsory labour. The Committee requests the Government to supply information on any cases of practical application of these provisions, including copies of relevant court decisions.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report.

Article 1(a) of the Convention.  In its earlier comments, the Committee referred to sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. The Committee previously noted the Government’s indications in its reports that there had been no cases of practical application of the abovementioned sections. It requests the Government to supply, in its future reports, information on any cases of practical application of these provisions, including copies of relevant court decisions.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's reports received in 1995 and 1996.

1. Article 1(a) of the Convention. The Committee noted form the Government's earlier reports that there had been no cases of practical application of sections 4, 7 and 8 of the Sedition and Undesirable Publications Ordinance, under which various offences related to seditious words or publications and prohibited publications are punishable by imprisonment involving compulsory labour. The Committee requests the Government to supply in its next report information on any cases of practical application of these provisions, including copies of relevant court decisions.

2. Article 1(b). With regard to earlier comments on section 49(1) of the Small Charges Act, the Committee refers to point 1 of its direct request under the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee requests the Government to continue to provide in its future reports information on any application in practice of section 49(1) of the Small Charges Act.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

Article 1(b). For several years, the Committee noted that under section 49(1) of the Small Charges Act any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting so to do, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Committee noted the Government's indication in its report received in 1988 that there had been no amendment to or repeal of section 49(1). Since the Government has reported for many years that this provision of the Act has never been applied, the Committee again expresses the hope that the necessary steps will be taken to amend or repeal the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 105 as well as Convention No. 29, also ratified by Dominica. Pending such amendment or repeal, the Committee again requests the Government to continue to supply information on the practical application of section 49(1) of the Small Charges Act.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 1(b). For several years, the Committee noted that under section 49(1) of the Small Charges Act any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting so to do, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Committee noted the Government's indication in its report received in 1988 that there had been no amendment to or repeal of section 49(1). Since the Government has reported for many years that this provision of the Act has never been applied, the Committee again expresses the hope that the necessary steps will be taken to amend or repeal the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 105 as well as Convention No. 29, also ratified by Dominica. Pending such amendment or repeal, the Committee again requests the Government to continue to supply information on the practical application of section 49(1) of the Small Charges Act.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(b). For several years, the Committee noted that under section 49(1) of the Small Charges Act any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting so to do, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Committee notes the Government's indication in its report that there has been no amendment to or repeal of section 49(1). Since the Government has reported for many years that this provision of the Act has never been applied, the Committee hopes that the necessary steps will be taken to amend or repeal the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 105 as well as Convention No. 29, also ratified by Dominica. Pending such amendment or repeal, the Committee requests the Government to continue to supply information on the practical application of section 49(1) of the Small Charges Act.