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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of the Transnational Organized Crime (Prevention and Control) Act 2013, Act 13 of 2013. Section 8(1) of the Act incorporates the offence of trafficking in persons, defined as the situation in which a person, for the purpose of sexual or labour exploitation of another person, organizes or facilitates the entry, exit from or receipt into Dominica of another person, through means including threats or use of force or other forms of coercion, abduction, deception or fraud, the abuse of power or the position of vulnerability, or the giving or receiving of payments or of a benefit to obtain the consent of a person who has control over another person. In addition, under section 8(5) of the Act, the person who, for the purpose of exploitation, recruits, transports, transfers, harbours or receives another person by any of the above-mentioned means also commits the offence of trafficking in person. The Committee observes that, according to section 13 of the Act, the penalty for trafficking in person consists of a fine or imprisonment for 15 years or both (increased penalty when the victim is a child). In addition, the Court may order the offender to pay to the victim a restitution that covers the costs of medical and rehabilitation treatment, the necessary transportation and housing, lost income, legal costs and compensation for emotional distress, pain and suffering. The Committee wishes to recall that according to Article 25 of the Convention, penalties imposed by the law for the illegal exaction of forced or compulsory labour must be adequate and strictly enforced. The Committee has considered in that respect that a fine does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions needs to be dissuasive (2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to provide information on the application in practice of sections 8(1) and (5) of the Transnational Organized Crime (Prevention and Control) Act of 2013, including information on the number of investigations, prosecutions and convictions handed down under such provisions, as well as on the nature of the penalties imposed on perpetrators. The Committee also requests the Government to provide information on the number of cases in which a Court has ordered the payment of a restitution to a victim of trafficking in persons. Finally, the Committee requests the Government to provide information on the measures taken or envisaged to prevent trafficking in persons, to ensure proper identification by law enforcement bodies of cases of trafficking for both sexual and labour exploitation, and to provide protection to the victims.

Idle persons. The Committee previously noted that according to section 49(1) of the Small Charges Act, Chapter 10:39 any person being able wholly or in part to maintain himself by work or by other means, and wilfully refusing or neglecting to do so, is deemed an idle and disorderly person and liable to imprisonment for one month. For a number of years, the Committee has been requesting the Government to take the necessary measures to bring this provision into conformity with the Convention. The Committee notes from the 2020 Reply of the Government to the list of issues raised by the United Nations Human Rights Committee that section 49(1) of the Small Charges Act will be dealt with in the next law review and that it has not been used to imprison anyone (CCPR/C/DMA/RQAR/1 para. 63). The Committee wishes to recall that provisions concerning vagrancy and similar offences, if defined in an unduly extensive manner, are liable to become a means of compulsion to work and may even result in a situation similar to that where the law imposes a general obligation to work (General Survey on the eradication of forced labour, 2007, paragraph 88). The Committee once again requests the Government to take the necessary measures to amend or repeal section 49(1) of the Small Charges Act in order to bring the legislation into conformity with the Convention, and to provide information on any progress made in this regard.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 61(2) of the Prison Rules, Chapter 12:70 of the Revised Laws of Dominica 1990, work by prisoners for the private benefit of any person is prohibited except when authorized by the Superintendent of Prisons. The Committee notes that according to the website of the Ministry of National Security & Home Affairs, a Prisons Services Division was established under the Prisons Act, Chapter 12:70. The Committee also notes from the information available on the website of the Dominica Prison Service that programmes for inmates have been put in place in the area of carpentry and woodwork, as well as farming and animal husbandry. The Committee further notes that under sections 59 and 60 of the Prison Rules, prisoners shall be required to engage in useful work for not more than 10 hours a day and may receive payment for such work. According to section 20 of the Prisons Act, prisoners employed outside the walls of a prison shall be subject to the prison regulations and shall be deemed to be in custody of the Superintendent in like manner as they were within the prison. The Committee requests the Government to indicate whether the Superintendent of Prisons has authorized that prisoners be hired to or placed at the disposal of private entities.

Observation (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.

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. The Committee had previously noted that under the National Service Act, 1977 persons between the ages of 18 and 21 are required to perform service with the National Service and that such service includes performing such duties as may be prescribed and, where possible, be engaged in development and self-help projects concerning housing, school, construction, agriculture and road building. Section 35(2) of the Act prescribes a penalty of a fine and imprisonment for failing to comply with this obligation. While noting the Government’s indication that section 35(2) had not been applied in practice, the Committee observed that this provision was not in conformity with the Convention and for a number of years, has been requesting the Government to formally repeal or amend it.

The Committee notes from the 2020 reply of the Government to the list of issues raised by the United Nations Human Rights Committee that the repeal of section 35(2) of the National Service Act has been included in the legislative agenda of the country (CCPR/C/DMA/RQAR/1 paragraph 59). The Committee recalls that the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of compulsory military service or normal civic obligations. However, the conditions under which compulsory work is exacted are strictly defined and the work or service involved must respond to specific requirements. The Committee observes that the work that could be exacted under the National Service Act does not correspond to any of the exceptions provided for under Article 2(2) of the Convention. In particular, it goes beyond the exception authorized under Article 2(2)(a) for work imposed under compulsory military service, which should be limited to work of a purely military character. Therefore, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the National Service Act is formally repealed or amended so as to bring the national legislation into conformity with the Convention, and it requests the Government to provide information in this respect. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims.

2. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims.

2. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims.

2. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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, except for the first paragraph made in 2016. The Committee also notes that the Government has 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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims.

2. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011. The Committee also notes that the Government has 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

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with concern that the Government’s report has not been received. The Committee notes the adoption of Act No. 13 of 2013 on Transnational Organized Crime (Prevention and Control) which criminalizes trafficking in persons. It requests the Government to provide information on the implementation of the Act, indicating the measures taken to prevent trafficking in persons, sanction the perpetrators and protect victims. The Committee also expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. Idle persons. Since a number of years, the Committee has been referring to section 49(1) of the Small Charges Act, under which any person being able wholly or in part to maintain himself by work or by other means, and willfully refusing or neglecting to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. While having noted the Government’s repeated indication in its reports that section 49(1) had never been applied in practice, the Committee asked the Government to take measures with a view to amending or repealing this section.

The Committee notes the Government’s indication in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Convention with the technical assistance of the ILO. The Committee expresses the firm hope that the necessary measures will at last be taken by the Government with a view to amending or repealing section 49(1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of the application of this section in practice.

Article 2(2)(c). Prison labour. The Committee previously noted that under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication in its reports that the practice of private individuals, companies or associations using convict labour had long been discontinued. The Committee trusts that measures will be taken, with the technical assistance of the ILO, to bring section 61(2) of the Prison Ordinance into conformity with Article 2(2)(c) of the Convention and the indicated practice, and that the Government will soon be able to report the measures taken to this end.

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

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. Over a number of years, the Committee has been requesting the Government to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee pointed out that the above provisions are not in conformity with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

The Government indicates in its report that the item concerning the amendment of the legislation has been included in the Decent Work Agenda, and that the necessary measures will be taken to address the requests in relation to compliance with the Conventions with the technical assistance of the ILO. While having noted the Government’s indications in its earlier reports that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, and that section 35(2) of the Act has not been applied in practice, the Committee trusts that appropriate measures will be taken in the near future in order to formally repeal the above Act, so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

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

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1) and 2(1), (2)(a) and (d) of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

While noting the Government’s previous indication that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

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

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 (paragraph 1), and 2 (paragraphs 1, 2(a) and (d)), of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

While noting the Government’s previous indication that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

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

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Article 1(1) and Article 2(1) and (2)(a) and (d), of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

While noting the Government’s previous indication that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

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

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

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 1(1) and Article 2(1) and (2)(a) and (d), of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

While noting the Government’s indication in its latest report that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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:

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

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

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation on the following matters.

Article 1(1) and Article 2(1) and (2)(a) and (d), of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which “shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State”. The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour “as a means of mobilizing and using labour for purposes of economic development”.

While noting the Government’s indication in its latest report that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

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

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

Article 1(1) and Article 2(1) and (2)(a) and (d), of the Convention. National service obligations. In its earlier comments, the Committee requested the Government to take the necessary measures with a view to repeal or amend the National Service Act, 1977, under which persons between the ages of 18 and 21 years are required to perform service with the national service, including participation in development and self-help projects concerning housing, school, construction, agriculture and road building, failure to do so being punishable with a fine and imprisonment (section 35(2)). The Committee observed that, contrary to the Government’s repeated statement that the national service was created to respond to national disasters, the Act contained no reference to natural disasters, but specified the objectives of the national service, which "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". The Committee also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Dominica, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development".

While noting the Government’s indication in its latest report that the National Service Act, 1977, has been omitted from the Revised Laws of Dominica, 1990, as well as the Government’s repeated indications in its previous reports that section 35(2) of the Act has not been applied in practice, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to formally repeal the above Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105 and that the Government will provide, in its next report, information on the progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

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:

1. Article 1(1) and Article 2(1) of the Convention. In its earlier comments 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 to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. It noted the Government’s indication in its report received in 1999 that steps had not yet been taken with a view to amend or repeal section 49(1) and that this section had never been applied. In its report of 2000, the Government refered to section 3(1) of the same Act concerning apprehension of idle and disorderly persons and stated that no persons have been charged under this section and no measures had been taken to repeal it. The Committee expresses the firm hope that the necessary measures will be taken by the Government in the near future with a view to amend or repeal section 49 (1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of practical application of this section.

2. Article 2(2)(c). In its earlier comments the Committee noted that, under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication that the practice of private individuals, companies or associations using convict labour had long been discontinued. However, the Government indicated in its report of 2000 that no measures had been taken to amend section 61(2) of the Prison Ordinance. The Committee therefore reiterates its hope that, when the opportunity of amending the Prison Ordinance arises, section 61(2) will be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government will indicate in its future reports any measures taken to this end, as well as any change in practice.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 2(2)(a) and (d) of the Convention. The Committee previously noted that, under sections 12 and 28 of the National Service Act, 1977, persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. It noted that servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school, construction, agriculture and road-building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

Having noted the Government’s repeated statements that the National Service was created to respond to national disasters and that section 35(2) of the Act has not been applied, the Committee referred to section 9(1) of the Act, according to which the objectives of the National Service "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". The Committee observed that there is no reference to natural disasters, let alone a limitation in scope to such occurrences. It also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", and requested the Government to take the necessary measures with a view to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105.

The Government indicated in its report of 2000 that no measures had been taken to repeal the National Service Act of 1977. The Committee trusts that appropriate measures will be taken in the near future in order to bring national legislation into conformity with the Conventions and asks the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action.

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

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

1. Article 1(1) and Article 2(1) of the Convention.  In its earlier comments 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 to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. It noted the Government’s indication in its report received in 1999 that steps had not yet been taken with a view to amend or repeal section 49(1) and that this section had never been applied. In its report of 2000, the Government refers to section 3(1) of the same Act concerning apprehension of idle and disorderly persons and states that no persons have been charged under this section and no measures have been taken to repeal it. The Committee expresses the firm hope that the necessary measures will be taken by the Government in the near future with a view to amend or repeal section 49 (1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of practical application of this section.

2. Article 2(2)(c).  In its earlier comments the Committee noted that, under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication that the practice of private individuals, companies or associations using convict labour had long been discontinued. However, the Government indicated in its report of 2000 that no measures had been taken to amend section 61(2) of the Prison Ordinance. The Committee therefore reiterates its hope that, when the opportunity of amending the Prison Ordinance arises, section 61(2) will be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government will indicate in its future reports any measures taken to this end, as well as any change in practice.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters:

Article 2(2)(a) and (d) of the Convention.  The Committee previously noted that, under sections 12 and 28 of the National Service Act, 1977, persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. It noted that servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school, construction, agriculture and road-building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

Having noted the Government’s repeated statements that the National Service was created to respond to national disasters and that section 35(2) of the Act has not been applied, the Committee referred to section 9(1) of the Act, according to which the objectives of the National Service "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". The Committee observed that there is no reference to natural disasters, let alone a limitation in scope to such occurrences. It also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", and requested the Government to take the necessary measures with a view to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105.

The Government indicated in its report of 2000 that no measures had been taken to repeal the National Service Act of 1977. The Committee trusts that appropriate measures will be taken in the near future in order to bring national legislation into conformity with the Conventions and asks the Government to provide, in its next report, information on the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

1.  Article 1(1) and Article 2(1) of the Convention.  In its earlier comments 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 to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. It noted the Government’s indication in its previous report received in 1999 that steps had not yet been taken with a view to amend or repeal section 49(1) and that this section had never been applied. In its latest report, the Government refers to section 3(1) of the same Act concerning apprehension of idle and disorderly persons and states that no persons have been charged under this section and no measures have been taken to repeal it. The Committee expresses the firm hope that the necessary measures will be taken by the Government in the near future with a view to amend or repeal section 49 (1) of the Small Charges Act in order to bring it into conformity with the requirements of the Convention. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of practical application of this section.

2.  Article 2(2)(c).  In its earlier comments the Committee noted that, under section 61(2) of the Prison Ordinance, Chapter 251 of the Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prisons. The Committee noted the Government’s repeated indication that the practice of private individuals, companies or associations using convict labour had long been discontinued. However, the Government indicates in its latest report that no measures have been taken to amend section 61(2) of the Prison Ordinance. The Committee therefore reiterates its hope that, when the opportunity of amending the Prison Ordinance arises, section 61(2) will be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government will indicate in its future reports any measures taken to this end, as well as any change in practice.

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

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

Article 2(2)(a) and (d) of the Convention.  The Committee previously noted that, under sections 12 and 28 of the National Service Act, 1977, persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. It noted that servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school, construction, agriculture and road-building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

Having noted the Government’s repeated statements that the National Service was created to respond to national disasters and that section 35(2) of the Act has not been applied, the Committee referred to section 9(1) of the Act, according to which the objectives of the National Service "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". The Committee observed that there is no reference to natural disasters, let alone a limitation in scope to such occurrences. It also referred to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", and requested the Government to take the necessary measures with a view to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105.

The Government indicates in its latest report that no measures have been taken to repeal the National Service Act of 1977. The Committee trusts that appropriate measures will be taken in the near future in order to bring national legislation into conformity with the Conventions and asks the Government to provide, in its next report, information on the progress made in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

1. Article 1(1) and Article 2(1) of the Convention. In its earlier comments 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 to do so, is deemed an idle and disorderly person and may be imprisoned for a term of up to one month. The Government indicates in its report that, though a Bill to amend the Small Charges Act was recently enacted by Parliament, steps have not yet been taken with a view to amend or repeal section 49(1). It reaffirms its previous statement that section 49(1) of the Act has never been applied. The Committee emphasizes that the mere fact that no persons have been charged with a violation of the section does not absolve the responsibility of the Government to amend or repeal the legislation to bring it into conformity with the requirements of the Convention. The Committee therefore again requests the Government to take the necessary measures in this regard. Pending such amendment or repeal, the Committee repeats its request to the Government to continue to supply information on any cases of practical application of section 49(1) of the Small Charges Act.

2. Article 2(2)(a) and (d). In its earlier comments the Committee referred to the National Service Act, 1977. It noted that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service (sections 12 and 28). Servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school, construction, agriculture and road building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

While noting the Government's repeated statements that the National Service was created to respond to national disasters and that section 35(2) of the Act has not been applied, the Committee points out once again that the objectives of the National Service, defined in section 9(1) of the 1977 Act "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". There is no reference to natural disasters, let alone a limitation in scope to such occurrences.

Referring also to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", the Committee trusts that the necessary measures will be taken to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105 as well as actual practice.

3. In the absence of the Government's report covering point 3 of the Committee's previous direct request, the Committee must repeat its previous comments which read as follows: Article 2(2)(c). In comments made in 1986, the Committee noted that under section 61(2) of the Prison Ordinance Chapter 251 of the 1961 Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prison. The Committee noted the Government's indication that the practice of private individuals, companies or associations using convict labour had long been discontinued and prisoners were engaged almost exclusively in the maintenance of government grounds and parks. The Committee expressed the hope that, when the opportunity of amending the Prison Ordinance arose, section 61(2) would be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government would indicate in its future reports any measures taken to this end, as well as any change in practice. Noting the Government's indication, referred to in point 2 above, that there is a 1990 version of the Revised Laws of Dominica, the Committee requests the Government to indicate in its next report any measures taken with regard to section 61(2) of the Prison Ordinance to ensure the observance of Article 2(2)(c) of the Convention. In this connection, the Committee recalls that while Article 2(2)(c) of the Convention strictly prohibits prisoners being hired to or placed at the disposal of private undertakings, the Committee has accepted, for the reasons set out in paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, that schemes existing in certain countries under which prisoners may, particularly during the period preceding their release, voluntarily enter a normal employment relationship with private employers, do not fall within the scope of the Convention. As the Committee has repeatedly pointed out, only work performed in conditions of a free employment relationship can be held compatible with the explicit prohibition in Article 2(2)(c). This necessarily requires the formal consent of the person concerned, and, in the light of the circumstances of that consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner's freedom to take up normal employment, further guarantees and safeguards covering the essential elements of a labour relation, such as a level of wages and social security corresponding to a free labour relationship. Only in these conditions can the employment be removed from the scope of Article 2(2)(c), which prohibits hiring or placing at the disposal of private companies persons who are under an obligation to perform prison labour. The Committee accordingly requests the Government to indicate the measures taken to ensure that any authorization under section 61(2) of the Prison Ordinance is granted only for work performed in conditions of a free employment relationship.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. Article 1(1) and Article 2(1) of the Convention. In earlier comments under the Abolition of Forced Labour Convention, 1957 (No. 105), 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 to do so, deemed an idle and disorderly person and may be imprisoned for a term of up to one month. Noting that the Government has reported for many years that section 49(1) of the Act has never been applied, the Committee hopes that the Government will take the necessary measures with a view to amending or repealing the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 29 as well as Convention No. 105. Pending such amendment or repeal, the Committee requests the Government to continue to supply information on any cases of practical application of section 49(1) of the Small Charges Act.

2. Article 2(2)(a) and (d). In its previous comments the Committee referred to the National Service Act, 1977. It noted that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service (sections 12 and 28). Servicemen are to undertake training and employment and perform such duties as may be prescribed and, where possible, be engaged in development and self-help projects including housing, school construction, agriculture and road building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

In its reports received on 2 May 1995 and 9 April 1996, the Government repeats its earlier statements that the National Service was created to respond to national disasters, and that it remains on the statute books but is not functional; there is no National Service at present and therefore, section 35(2) of the Act has not been applied.

In its latest report, the Government adds that there also existed before the National Service Ordinance Cap 248 of the 1961 Revised Laws of Dominica which has been omitted from the 1990 Revision in order to comply more fully with the provisions of the Convention.

The Committee takes due note of these indications. It must point out again that the objectives of the National Service, defined in section 9(1) of the 1977 Act "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". There is no reference to natural disasters, let alone a limitation in scope to such occurrences.

Referring also to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", the Committee trusts that the necessary measures will be taken to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105 as well as actual practice.

3. Article 2(2)(c). In comments made in 1986, the Committee noted that under section 61(2) of the Prison Ordinance Chapter 251 of the 1961 Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prison. The Committee noted the Government's indication that the practice of private individuals, companies or associations using convict labour had long been discontinued and prisoners were engaged almost exclusively in the maintenance of Government grounds and parks. The Committee expressed the hope that, when the opportunity of amending the Prison Ordinance arose, section 61(2) would be brought into conformity with Article 2(2)(c) of the Convention and with practice, and that the Government would indicate in its future reports any measures taken to this end, as well as any change in practice.

Noting the Government's indication, referred to in point 2 above, that there is a 1990 version of the Revised Laws of Dominica, the Committee requests the Government to indicate in its next report any measures taken with regard to section 61(2) of the Prison Ordinance to ensure the observance of Article 2(2)(c) of the Convention.

In this connection, the Committee recalls that while Article 2(2)(c) of the Convention strictly prohibits prisoners being hired to or placed at the disposal of private undertakings, the Committee has accepted, for the reasons set out in paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, that schemes existing in certain countries under which prisoners may, particularly during the period preceding their release, voluntarily enter a normal employment relationship with private employers, do not fall within the scope of the Convention. As the Committee has repeatedly pointed out, only work performed in conditions of a free employment relationship can be held compatible with the explicit prohibition in Article 2(2)(c). This necessarily requires the formal consent of the person concerned, and, in the light of the circumstances of that consent, i.e. the basic obligation to perform prison labour and other restrictions on the prisoner's freedom to take up normal employment, further guarantees and safeguards covering the essential elements of a labour relation, such as a level of wages and social security corresponding to a free labour relationship. Only in these conditions can the employment be removed from the scope of Article 2(2)(c), which prohibits hiring or placing at the disposal of private companies persons who are under an obligation to perform prison labour. The Committee accordingly requests the Government to indicate the measures taken to ensure that any authorization under section 61(2) of the Prison Ordinance is granted only for work performed in conditions of a free employment relationship.

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

The Committee notes the Government's reports received on 2 May 1995, 9 April 1996 and 29 August 1996.

1. Article 1(1) and 2(1) of the Convention. In earlier comments under the Abolition of Forced Labour Convention, 1957 (No. 105), 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 to do so, shall be deemed an idle and disorderly person and may be imprisoned for a term of up to one month. Noting that the Government has reported for many years that section 49(1) of the Act has never been applied, the Committee hopes that the Government will take the necessary measures with a view to amending or repealing the provision so as to bring national law on this matter into conformity with practice and the requirements of Convention No. 29 as well as Convention No. 105. Pending such amendment or repeal, the Committee requests the Government to continue to supply information on any cases of practical application of section 49(1) of the Small Charges Act.

2. Article 2(2)(a) and (d). In its previous comments the Committee referred to the National Service Act, 1977. It noted that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service (sections 12 and 28). Servicemen are to undertake training and employment and perform such duties as may be prescribed and shall, where possible, be engaged in development and self-help projects including housing, school construction, agriculture and road building (section 29). Persons who fail without reasonable excuse to present themselves to serve when called upon may be punished with a fine and imprisonment (section 35(2)).

In its reports received on 2 May 1995 and 9 April 1996, the Government repeats its earlier statements that the National Service was created to respond to national disasters, that it remains on the statute books but is not functional; there is no National Service at present and therefore, section 35(2) of the Act has not been applied.

In its latest report, the Government adds that there also existed before the National Service Ordinance Cap 248 of the 1961 Revised Laws of Dominica which has been omitted from the 1990 Revision in order to comply more fully with the provisions of the Convention.

The Committee takes due note of these indications. It must point out again that the objectives of the National Service, defined in section 9(1) of the 1977 Act "shall be to mobilize the energies of the people of Dominica to the fullest possible level of efficiency, to shape and direct those energies to promoting the growth and economic development of the State". There is no reference to natural disasters, let alone a limitation in scope to such occurrences.

Referring also to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), ratified by Dominica in 1983, which specifically prohibits the use of forced or compulsory labour "as a means of mobilizing and using labour for purposes of economic development", the Committee trusts that the necessary measures will be taken to repeal or amend the 1977 National Service Act so as to bring national legislation into conformity with Conventions Nos. 29 and 105 as well as actual practice.

3. Article 2(2)(c). In comments made in 1986, the Committee had noted that under section 61(2) of the Prison Ordinance Chapter 251 of the 1961 Revised Laws of Dominica, work by prisoners for the private benefit of any person is prohibited, except with the authorization of the Superintendent of Prison. The Committee had noted the Government's indication that the practice of private individuals, companies or associations using convict labour had long been discontinued and prisoners were engaged almost exclusively in the maintenance of Government grounds and parks. The Committee had expressed the hope that, when the opportunity of amending the Prison Ordinance arose, section 61(2) would be brought into conformity with Article 2(2)(c), of the convention and with practice, and that the Government would indicate in its future reports any measures taken to this end, as well as any change in practice.

Noting the Government's indication, referred to in point 2 above, that there is a 1990 version of the Revised Laws of Dominica, the Committee requests the Government to indicate in its next report any measures taken with regard to section 61(2) of the Prison Ordinance to ensure the observance of Article 2(2)(c) of the Convention.

In this connection, the Committee recalls that while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private undertakings, the Committee has accepted, for the reasons set out in paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, that schemes existing in certain countries under which prisoners may, particularly during the period preceding their release, voluntarily enter a normal employment relationship with private employers, do not fall within the scope of the Convention. As the Committee has repeatedly pointed out, only work performed in conditions of a free employment relationship can be held compatible with the explicit prohibition in Article 2(2)(c); this necessarily requires the formal consent of the person concerned and, in the light of the circumstances of that consent, i.e. the basic obligation to perform prison labour, and other restrictions on the prisoner's freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relation, such as a level of wages and social security corresponding to a free labour relationship, to remove the employment form the scope of Article 2(2)(c) which unconditionally prohibits that person who is under an obligation to perform prison labour be hired to or placed at the disposal of private companies.

The Committee accordingly requests the Government to indicate the measures taken to ensure that any authorization under section 61(2) of the Prison Ordinance shall be granted only for work performed in conditions of a free employment relationship.

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

In its previous comments the Committee referred to the 2. It noted that persons between the ages of 80 to 21 years, among others, are required to perform service with the National Service (sections 12 and 28). Servicemen are to undertake training and employment and perform such duties as may be prescribed and shall, where possible, be engaged in development and self-help projects including housing, school construction, agriculture and road building (section 29). Persons, liable under the Act, who fail without reasonable excuse to present themselves to serve when called upon to do so, may be punished by a fine and imprisonment (section 35(2)).

The Committee notes the Government's statement in its report that the National Service was created to respond to natural and other disasters. The Committee is however bound to note the purpose of the above-mentioned provisions relates to development and no provision of the Act seems to deal with natural disasters. Noting however the Government's indication that the Act, while still being in the statute book, is not functional and that no National Service is in existence and section 35(2) has not been applied, the Committee expresses the hope that the Government will indicate measures taken or contemplated to modify or repeal the Act with a view to bringing legislation into conformity with Convention No. 29 as well as with Article 1(b) of Convention No. 105, ratified by Dominica, which prohibits the use of compulsory labour for development purposes.

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:

In previous comments the Committee noted that section 28 of the National Service Act, 1977 provides that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. Section 29 provides that in such services, National Servicemen shall be given and shall undertake such training and employment in the National Service and perform such duties as may be prescribed by the Authority or by the officers placed in command over them and without prejudice to the generality of the foregoing shall, where possible, be engaged in development projects and self-help projects including housing, school construction, agriculture and road building. Section 35(2) provides for a penalty, including fine and imprisonment, for persons who, being liable under this Act, fail without reasonable excuse to present themselves to serve when called upon to do so.

The Committee noted the Government's indication in its report for the period ending 30 June 1989 that none of the sections of the National Service Act, 1977, had been amended and that the Act was still on the Statute Books. The Committee requested the Government to indicate any steps taken or contemplated with regard to the above-mentioned provisions to ensure the observance of Convention No. 29 as well as of Article 1(b) of Convention No. 105. In this connection the Government may wish to refer to the explanations provided in paragraphs 49 to 62 of the Committee's 1979 General Survey on the Abolition of Forced Labour.

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:

In previous comments the Committee noted that section 28 of the National Service Act, 1977 provides that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. Section 29 provides that in such services, National Servicemen shall be given and shall undertake such training and employment in the National Service and perform such duties as may be prescribed by the Authority or by the officers placed in command over them and without prejudice to the generality of the foregoing shall, where possible, be engaged in development projects and self-help projects including housing, school construction, agriculture and road building. Section 35(2) provides for a penalty, including fine and imprisonment, for persons who, being liable under this Act, fail without reasonable excuse to present themselves to serve when called upon to do so.

The Committee noted the Government's indication in its report for the period ending 30 June 1989 that none of the sections of the National Service Act, 1977, had been amended and that the Act was still on the Statute Books. The Committee requested the Government to indicate any steps taken or contemplated with regard to the above-mentioned provisions to ensure the observance of Convention No. 29 as well as of Article 1(b) of Convention No. 105. In this connection the Government may wish to refer to the explanations provided in paragraphs 49 to 62 of the Committee's 1979 General Survey on the Abolition of Forced Labour.

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

In previous comments the Committee noted that section 28 of the National Service Act, 1977 provides that persons between the ages of 18 and 21 years, among others, are required to perform service with the National Service. Section 29 provides that in such services, National Servicemen shall be given and shall undertake such training and employment in the National Service and perform such duties as may be prescribed by the Authority or by the officers placed in command over them and without prejudice to the generality of the foregoing shall, where possible, be engaged in development projects and self-help projects including housing, school construction, agriculture and road building. Section 35(2) provides for a penalty, including fine and imprisonment, for persons who, being liable under this Act, fail without reasonable excuse to present themselves to serve when called upon to do so.

The Committee notes the Government's indication in its latest report that none of the sections of the National Service Act, 1977, have been amended and that the Act is still on the Statute Books. The Committee requests the Government to indicate any steps taken or contemplated with regard to the above-mentioned provisions to ensure the observance of Convention No. 29 as well as of Article 1(b) of Convention No. 105. In this connection the Government may wish to refer to the explanations provided in paragraphs 49 to 62 of the Committee's 1979 General Survey on the Abolition of Forced Labour.