Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Vincent and the Grenadines (Ratification: 1998)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Co-operative Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable with imprisonment (involving an obligation to perform compulsory prison labour). It expressed the hope that the Government would take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, so as to bring these provisions into conformity with the Convention and the indicated practice.

The Committee notes with interest that the Co-operative Societies Act No. 12 of 2012 repeals the former Co-operative Societies Act. According to section 23 of the Act of 2012, the grounds for refusing, suspending or cancelling the registration of societies involve mainly the breach of any registration requirement or failure to comply with the requirements (prescribed under sections 10 to 21) of this Act, its regulations or by-laws and do not refer to “incompatibility with the peace, good order or welfare of Saint Vincent and the Grenadines”.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform compulsory prison labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention, such as:

• – sections 3(1) and 17(2) of the Public Order Act for wearing in any public meeting, without the permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object.
• – sections 15 and 17(2) of the Act for the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace.

However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that it had drawn the competent authority’s attention to formally repeal section 3(1) of the Public Order Act. It also noted the Government’s statement that section 15 of the Act was still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. The Committee requested the Government to provide information on the application of section 15 in practice, as well as the measures taken to formally repeal section 3(1) of the Public Order Act.

The Committee notes the Government’s information in its report that there has been no response form the Competent Authority to whom the matter regarding the amendment or repeal of the Public Order Act has been referred. The Government states that it will continue to pursue this matter. The Government further indicates that no matters related to section 15 had been brought before the court. Referring to paragraph 306 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to continue to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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 as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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 as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

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 initially made in 2013.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

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 initially made in 2013. 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 as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

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

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. 1. Societies Act. The Committee previously noted that pursuant to sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s statement that there have not been any matters brought before the court relating to the application of sections 8, 9 and 12 of the Societies Act. The Government indicates that the Committee’s comments will be transmitted to the competent authority. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It reminds the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore expresses the hope that the Government will take the necessary measures to repeal or amend sections 8, 9 and 12 of the Societies Act, to bring these provisions into conformity with the Convention and the indicated practice. Pending the adoption of such an amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice.

2. Public Order Act. In its earlier comments, the Committee noted that the Public Order Act permits the imposition of penalties of imprisonment (involving an obligation to perform labour under the Prisons Ordinance) for circumstances which may be incompatible with the Convention. Particularly, sections 3(1) and 17(2) of the Act, punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) of the Act likewise penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. However, the Committee noted the Government’s indication that section 3(1) of the Public Order Act had become obsolete, and that no one had been prosecuted for its violation in recent times.

The Committee notes the Government’s statement that it has drawn the competent authority’s attention to the Committee’s previous request to formally repeal section 3(1) of the Public Order Act. It also notes the Government’s statement that section 15 of the Act is still used in practice and that one person was recently convicted under this provision in the Magistrates’ Court. With reference to paragraph 306 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls 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, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are incompatible with the Convention. The Committee therefore requests the Government to provide specific information on the application of section 15 of the Public Order Act in practice, including copies of relevant court decisions, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention. It also reiterates the hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Act, in order to bring this legislation into conformity with the Convention and the indicated practice.

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee referred to the following provisions of the Public Order Ordinance, under which penalties of imprisonment (involving an obligation to perform labour, under the Prisons Ordinance) may be imposed in circumstances covered by the Convention:

• -section 3(1), read in conjunction with section 17(2) (wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object);
• -section 15, read in conjunction with section 17(2) (use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, the Committee points out 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 peaceful 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. Such views may be expressed orally or through the press or other communications media or through the exercise of the right of association (including the establishment of political parties or societies) or participation in meetings and demonstrations.

The Committee previously noted the Government’s indication that section 3(1) of the Public Order Ordinance had become obsolete. The Government indicates in its latest report that no measures have yet been taken to formally repeal section 3(1), but no one has been prosecuted for its violation in recent times.

While noting these indications, the Committee reiterates its hope that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Ordinance, in order to bring legislation into conformity with the Convention and the indicated practice. It also requests the Government once again to supply information on the application in practice of section 15 of the Public Order Ordinance referred to above, including any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention.

In its earlier comments, the Committee referred to sections 8, 9 and 12 of the Societies Act (Cap. 330), under which the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of Saint Vincent and the Grenadines”, and various offences related to unlawful societies are punishable, inter alia, with imprisonment (which involves an obligation to perform labour, under the Prisons Ordinance).

Referring to the above explanations, the Committee hopes that appropriate measures will be taken to ensure that no form of forced or compulsory labour (including compulsory prison labour) may be imposed under the abovementioned provisions in circumstances falling within the scope of the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the practical application of the above provisions of the Societies Act (Cap.330), supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, subparagraph a, of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. In its earlier comments, the Committee referred to the following legislative provisions, under which penalties of imprisonment (involving an obligation to perform labour, under the Prisons Ordinance) may be imposed in circumstances covered by the Convention:

–           section 3(1), read in conjunction with section 17(2), of the Public Order Ordinance (wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object); and

–           section 15, read in conjunction with section 17(2), of the Public Order Ordinance (use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Referring also to the explanations provided in paragraphs
152–166 of its 2007 General Survey on the eradication of forced labour, the Committee points out 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 peaceful 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 notes the Government’s indication in the report that section 3(1) of the Public Order Ordinance, while it remains in effect, is obsolete and no one in recent times has been prosecuted for its violation.

While noting this indication, the Committee hopes that measures will be taken, on the occasion of the future revision of the legislation, to formally repeal section 3(1) of the Public Order Ordinance, in order to bring legislation into conformity with the Convention and the indicated practice. It also requests the Government once again to supply information on the application in practice of section 15 of the Public Order Ordinance referred to above, including any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that it is applied in a manner compatible with the Convention.

Noting also the Government’s indication in the report that the provision of section 17(2) of the Public Order Ordinance referred to above is now laid down in section 18(2), the Committee requests the Government to communicate, with its next report, a copy of the revised text of the Public Order Ordinance (Cap. 283).

Please also supply a copy of the full updated text of the Societies Act (Cap. 330).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with satisfaction the adoption of the Shipping Act, 2004, which has repealed the Merchant Shipping Act of 1982, which contained provisions punishing various breaches of discipline by seafarers with imprisonment (involving an obligation to perform labour), even in circumstances where the ship or the life or health of persons were not endangered.

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

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. The Committee has noted that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seafarer under the following provisions of the Merchant Shipping Act, 1982:

–      under section 131(1)(a), if he deserts from his ship;

–      under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

–      under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

–      under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

–      section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

–      section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

–      sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of the Territory”, and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.

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

The Committee notes with regret that the Government’s report has not been received for the third year in succession. 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(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. The Committee has noted that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seafarer under the following provisions of the Merchant Shipping Act, 1982:

–      under section 131(1)(a), if he deserts from his ship;

–      under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

–      under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

–      under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

–      section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

–      section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

–      sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of the Territory”, and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.

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

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(c) and (d) of the Convention. The Committee has noted that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seaman under the following provisions of the Merchant Shipping Act, 1982:

–      under section 131(1)(a), if he deserts from his ship;

–      under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

–      under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

–      under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

–      section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

–      section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

–      sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it “is incompatible with the peace, good order or welfare of the Territory”, and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.

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

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(c) and (d) of the Convention. The Committee has noted that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seaman under the following provisions of the Merchant Shipping Act, 1982:

-  under section 131(1)(a), if he deserts from his ship;

-  under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

-  under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

-  under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

-  section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

-  section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

-  sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it "is incompatible with the peace, good order or welfare of the Territory", and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes from the Government’s brief reply to its previous comments that the Labour Department would bring the Committee’s concerns to the attention of the relevant authorities. It therefore hopes that the next report will include full information on the following matters raised in its previous direct request.

Article 1(c) and (d) of the Convention. The Committee has noted that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seaman under the following provisions of the Merchant Shipping Act, 1982:

-  under section 131(1)(a), if he deserts from his ship;

-  under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

-  under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

-  under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

-  section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

-  section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

-  sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it "is incompatible with the peace, good order or welfare of the Territory", and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has taken note with interest of the Government’s first report on the application of the Convention. It would appreciate it if the Government would in its next report supply additional information on the following points.

Article 1(c) and (d) of the Convention. The Committee notes that penalties of imprisonment involving, under section 36 of the Prisons Ordinance, an obligation to perform labour, may be imposed on a seaman under the following provisions of the Merchant Shipping Act, 1982:

-  under section 131(1)(a), if he deserts from his ship;

-  under section 132(1)(b), if he is guilty of wilful disobedience to any lawful command;

-  under section 132(1)(c), if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

-  under section 132(1)(e), if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage.

The Committee observes that these provisions are neither limited to acts or omissions leading to the immediate loss, destruction or serious damage of the ship, or placing in immediate danger the life or limb of a person, as is section 130(1), nor to acts of violence against persons or wilful damage to the ship or cargo, as is section 132(1)(d) and (f), which do not come under the purview of the Convention. To the contrary, sections 131(a), 132(1)(b), (c) and (e), provide for the imposition of sanctions involving compulsory labour as a means of labour discipline (and possibly as a punishment for having participated in strikes) and are thus incompatible with Article 1(c) (and, in so far as applicable in case of strikes, to Article 1(d)) of the Convention. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will supply information on the measures taken or initiated.

Article 1(a). The Committee has taken note of the following legislative provisions:

-  section 3(1) of the Public Order Ordinance, under which wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object, is an offence punishable under section 17(2) with imprisonment (involving, under the Prisons Ordinance, an obligation to perform labour);

-  section 15 of the Public Order Ordinance, under which the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace, or likely to occasion such, is an offence, punishable under section 17(2) with imprisonment;

-  sections 3, 8, 9 and 12 of the Societies Ordinance, under which the Registrar may refuse or cancel the registration of a society, inter alia, if it "is incompatible with the peace, good order or welfare of the Territory", and various offences related to unlawful societies are punishable, inter alia, with imprisonment; in this connection, the Committee notes that under section 10, in any appeal to the High Court under sections 8 and 9 of the Ordinance, the onus of proving that a society is suitable for registration or that the cancellation of its registration is unjustified shall be on the society.

In order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention, which prohibits the use of sanctions involving an obligation to work as a means of political coercion or education, the Committee would appreciate it if the Government would supply information on their application in practice, including any court decisions defining or illustrating their scope.