Forced Labour Convention, 1930 (No. 29) - Saint Lucia (Ratification: 1980)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received despite its urgent appeal in 2019. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes with deep concern that the Government’s report on the Convention, due since 2016, 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), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Counter-Trafficking Act of 2010 prohibits trafficking in persons and contains provisions relating to the compensation and protection of victims of trafficking. The Committee welcomes the establishment of a National Task Force for the Prevention of Trafficking, which, in particular, coordinates the collection and sharing of data among government agencies, engages in cooperation with foreign countries and civil society organizations, and provides training for law enforcement agencies (see the 2018 publication of the African, Caribbean and Pacific Group of States (ACP) – European Union (EU) Migration Action “Recommendations for Data Management System to Combat Human Trafficking in Saint Lucia”). According to information available on the website entitled “Saint Lucia against Human Trafficking”, a series of training workshops with relevant officials on the identification, referral and protection of victims of trafficking have been carried out under a project supported by the International Organization for Migration (IOM) and the UN Migration Agency.

The Committee, however, observes from the 2018 publication of the IOM and the UN Migration Agency, “Trafficking in Human Beings and Smuggling of Migrants in ACP Countries: Key Challenges and Ways Forward”, the lack of human, material and financial resources to investigate cases of trafficking in persons in Saint Lucia. In addition, the above-mentioned 2018 Recommendations indicate that potential cases of trafficking in persons are possibly unidentified and not dealt with by the law enforcement agencies. The Committee therefore requests the Government to strengthen its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. It also requests the Government to indicate the number of investigations, convictions and penalties for violations related to trafficking in persons. Lastly, the Committee requests the Government to provide information on the activities undertaken by the National Task Force for the Prevention of Trafficking.

Article 2(2)(c). Work of prisoners for the benefit of private persons. In its previous comments, the Committee noted that although the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963, any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the Correctional Services Act of 2003. It further observed that the Prison Rules of 1964 remained in force, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). The Committee also noted the Government’s statement that, in practice, prisoners were not permitted to work in the service of any person, but that there was no existing data to support this. The Committee once again reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also requests the Government to communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, once adopted.

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

The Committee notes with deep concern that the Government’s report on the Convention, due since 2016, 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), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Counter-Trafficking Act of 2010 prohibits trafficking in persons and contains provisions relating to the compensation and protection of victims of trafficking. The Committee welcomes the establishment of a National Task Force for the Prevention of Trafficking, which, in particular, coordinates the collection and sharing of data among government agencies, engages in cooperation with foreign countries and civil society organizations, and provides training for law enforcement agencies (see the 2018 publication of the African, Caribbean and Pacific Group of States (ACP) – European Union (EU) Migration Action “Recommendations for Data Management System to Combat Human Trafficking in Saint Lucia”). According to information available on the website entitled “Saint Lucia against Human Trafficking”, a series of training workshops with relevant officials on the identification, referral and protection of victims of trafficking have been carried out under a project supported by the International Organization for Migration (IOM) and the UN Migration Agency.

The Committee, however, observes from the 2018 publication of the IOM and the UN Migration Agency, “Trafficking in Human Beings and Smuggling of Migrants in ACP Countries: Key Challenges and Ways Forward”, the lack of human, material and financial resources to investigate cases of trafficking in persons in Saint Lucia. In addition, the above-mentioned 2018 Recommendations indicate that potential cases of trafficking in persons are possibly unidentified and not dealt with by the law enforcement agencies. The Committee therefore requests the Government to strengthen its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. It also requests the Government to indicate the number of investigations, convictions and penalties for violations related to trafficking in persons. Lastly, the Committee requests the Government to provide information on the activities undertaken by the National Task Force for the Prevention of Trafficking.

Article 2(2)(c). Work of prisoners for the benefit of private persons. In its previous comments, the Committee noted that although the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963, any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the Correctional Services Act of 2003. It further observed that the Prison Rules of 1964 remained in force, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). The Committee also noted the Government’s statement that, in practice, prisoners were not permitted to work in the service of any person, but that there was no existing data to support this. The Committee once again reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also requests the Government to communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, once adopted.

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), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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 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), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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

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

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the adoption of the Counter-Trafficking Act in 2010. Section 5 of the Act prohibits trafficking in persons, subject to a fine not exceeding 100,000 East Caribbean dollars or a term of imprisonment not exceeding five years. The Act also contains provisions relating to restitution and compensation of victims of trafficking, protection of victims, and measures related to the establishment of a task force to develop and implement a national plan for the prevention of trafficking in persons. The Committee requests the Government to provide, in its next report, information on the application of the Counter-Trafficking Act in 2010 in practice, including the number of prosecutions and convictions, as well as the specific penalties imposed.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed Prisons Ordinance No. 17 of 1963. However, it noted that any rules, orders or regulations made under the repealed Ordinance would continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act).

The Committee notes the Government’s statement that no regulations have been adopted yet regarding the Correctional Services Act of 2003. It therefore observes that the existing rules and regulations of the Prisons Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (section 67(2)). However, the Committee also notes the Government’s statement that, in practice, prisoners are not permitted to work in the service of anyone, but that there is no existing data to support this. Taking due note of this information, the Committee reiterates its hope that measures will be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules of 1964 will be formally repealed, so as to bring the legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act of 2003, as well as the regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, when such regulations are adopted.

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

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 had repealed the Prisons Ordinance No. 17 of 1963. However, the Committee noted that any rules, orders or regulations made under the repealed Ordinance shall continue in force until repealed under rules, orders or regulations made under the 2003 Act (section 49(2) of the Act). The Committee notes from the Government’s report that no regulations have been adopted yet under the 2003 Act. It therefore understands that all the existing rules and regulations made under the repealed Ordinance remain in force, including the Prison Rules of 1964, under which the superintendent is authorized to allow a prisoner to work for the benefit of a private person (Rule 67(2)).

While having noted the Government’s repeated indication in its earlier reports that the practice of prisoners working for the benefit of private persons has been discontinued, the Committee reiterates its hope that measures will nevertheless be taken in order to give statutory effect to the principle that prisoners shall not be hired to or placed at the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules 1964 will be formally repealed, so as to bring legislation into conformity with the Convention and the indicated practice. The Committee also hopes that the Government will communicate a copy of regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act 2003, as well as regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, if and when such regulations are adopted.

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

Article 2, paragraph 2, subparagraph (c), of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that the Correctional Services Act of 2003 has repealed the Prisons Ordinance No. 17 of 1963 (section 49(1)), but any rules, orders or regulations made under the repealed Ordinance shall continue in force until repealed under rules, orders or regulations made under the new Act (section 49(2)). The Committee notes the Government’s indication in the report that no regulations have been adopted under the 2003 Act and, therefore, all the existing rules and regulations of the repealed Ordinance remain in force. The Committee understands that the Prison Rules of 1964, to which the Committee referred in its earlier comments and which contain a provision authorizing the superintendent to allow a prisoner to work for the benefit of a private person (section 67(2)), have not been repealed and remain in force.

While noting the Government’s repeated statement that the practice of prisoners working for the benefit of private persons has been discontinued, the Committee hopes that measures will nevertheless be taken in order to give statutory effect to the principle that prisoners shall not be hired to, or placed at, the disposal of private individuals, companies or associations, and that section 67(2) of the Prison Rules 1964 will be formally repealed, so as to bring legislation into conformity with the Convention and the indicated practice. The Committee also asks the Government to communicate a copy of the regulations concerning the employment of inmates, referred to in section 48(b) of the Correctional Services Act 2003, as well as regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, referred to in section 30(2) of the Act, if and when such regulations are adopted.

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

Article 2(2)(c) of the Convention. Prison labour. In its earlier comments, the Committee noted the Government’s indication that the prison legislation was to be revised and the Government’s intention to bring it into greater conformity with the Convention. The Committee has noted the adoption of the Correctional Services Act 2003. It has noted, in particular, that under section 49 of the new Act, the Prisons Ordinance No. 17 of 1963, has been repealed, but any rules, orders or regulations made under the repealed Ordinance shall continue in force until repealed under rules, orders or regulations made under the new Act.

While noting the Government’s statement in the report that prisoners are not deployed for private work, the Committee requests the Government to indicate, in its next report, whether the Prison Rules of 1964, to which the Committee referred in its earlier comments and which contain a provision authorizing the superintendent to allow a prisoner to work for the benefit of a private person (section 67(2)), have been formally repealed, and, if so, to supply a copy of the repealing text. Please also communicate a copy of regulations concerning the employment of inmates, to which reference is made in section 48(b) of the Correctional Services Act 2003, and more particularly, regulations concerning the duties and tasks to be carried out beyond the limits of a correctional facility, to which reference is made in section 30(2) of the Act, if and when such regulations are adopted.

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

The Committee notes the Government’s report.

Article 1(1) and Article 2(1) and (2)(c) of the Convention. In its earlier comments, the Committee noted the Government’s indication that the prison legislation was to be revised and the Government’s intention to bring it into greater conformity with the Convention. The Government reiterates in its report that the revised legislation is still in its draft form and a copy will be submitted to the ILO, as soon as it is enacted.

The Committee notes this information and again expresses the hope that, when the prison legislation is amended, statutory effect will be given to the principle that prison labour may not be hired to or placed at the disposal of private individuals, companies or associations. It requests the Government to supply a copy of the revised legislation, as soon as it is adopted.

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

The Committee has noted the Government’s reply to its earlier comments and, in particular, the Government’s indications concerning the work of prisoners.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(c), of the Convention. The Committee previously noted the Government’s indication that the prison legislation was to be revised. The Government indicates in its latest report received in December 2001 that it is still in the process of reviewing its present legislation and expresses the hope to bring it into greater conformity with the Convention.

The Committee notes this information and hopes that, when the prison legislation is amended, statutory effect will be given to the principle that prison labour may not be hired to or placed at the disposal of private individuals, companies or associations.

It requests the Government to supply a copy of the revised legislation as soon as it is adopted.

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

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

  Article (1) and Article 2(1) and (c) of the Convention.  1.  The Committee recalls its earlier comments and the Government’s indication that the prison legislation was to be revised. It hopes the next report will contain information on this point, especially as regards the requirement that prison labour may not be hired to or placed at the disposal of private individuals, companies or association.

2.  Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

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 comments: Article (1) and Article 2(1) and 2(c) of the Convention. 1. The Committee recalls its earlier comments and the Government's indication that the prison legislation was to be revised. It hopes the next report will contain information on this point, especially as regards the requirement that prison labour may not be hired to or placed at the disposal of private individuals, companies or association. 2. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

Article 1(1) and Article 2(1) and (2)(c) of the Convention. The Committee recalls its earlier comments and the Government's indication that the prison legislation was to be revised. It hopes the next report will contain information on this point, especially as regards the requirement that prison labour may not be hired to or placed at the disposal of private parties.