Texts of pending comments

The Committee notes with deep concern that the Government’s report on Convention No. 5, due since 2017, 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.

Application of the Convention in practice. Labour inspection. In its previous comments, the Committee noted an absence of information from labour inspection reports. The Committee notes that the Committee on the Rights of the Child, in its 2014 concluding observations, recommended the Government to strengthen the capacity of the labour inspectorate to effectively monitor the implementation of child labour laws and places of work, especially in the informal sectors (CRC/C/LCA/CO/2-4, paragraph 59). The Committee reiterates its request to the Government to provide information on the manner in which the Convention is applied in practice, including information from labour inspection reports relating to inspection of industrial establishments and the number and nature of the contraventions reported and penalties imposed. The Committee also requests the Government to provide information on measures taken to strengthen the labour inspection services to ensure that children under the age of fourteen years are not employed or work in any public or private industrial undertaking, or in any branch thereof.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 5 is in force should be encouraged to ratify the more recent Minimum Age Convention, 1973 (No. 138) (see GB.328/LILS/2/1). Convention No 138 reflects the more modern approach to admission of young persons under 18 years to any type of employment or work. Ratification of Convention No 138 will involve the automatic denunciation of the outdated Convention No. 5. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 138 as the most up-to-date instrument in this subject area.

The Committee notes with deep concern that the Government’s report, 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.

Article 7 of the Convention. Additional compensation for the constant help of another person. For many years, the Committee has been noting that no provision is made in national legislation for the payment of additional compensation for injured workers requiring the constant help of another person. The Committee notes with concern that the legislative texts regulating the provision of compensation in case of work accident, particularly the National Insurance Corporation Act No. 18 of 2000 and the National Insurance Regulations of 2003, have not been amended in this respect. Recalling that Article 7 of the Convention requires that all injured persons whose incapacity is of such nature that they need the constant help of another person be provided with additional compensation, the Committee requests the Government to take the necessary measures, without further delay, to bring the national legislation in line with Article 7 of the Convention.

Articles 9 and 10. Medical, surgical and pharmaceutical aid, artificial limbs and surgical appliances free of charge. Since the adoption of the National Insurance Regulations of 2003, the Committee has been noting that, under its section 68(2), the compensation for medical, surgical or pharmaceutical expenses is limited to 20,000 East Caribbean dollars, whereas no such ceiling is foreseen in Articles 9 and 10 of the Convention in case of work accident. The Committee notes with concern that the provision of section 68(2) of the National Insurance Regulations of 2003 remains the same. Recalling that pursuant to Articles 9 and 10 of the Convention, necessary medical, surgical and pharmaceutical aid as well as the artificial limbs and surgical appliances shall be provided free of charge to the victims of work accidents, without limitation of cost, the Committee requests the Government to take the necessary measures, without further delay, to bring the national legislation in full compliance with Articles 9 and 10 of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

The Committee notes with deep concern that the Government’s report, 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.

Application of the Convention in practice. In its previous comments, the Committee noted that Saint Lucia had concluded reciprocity agreements on social security with the Caribbean Community (CARICOM) countries, the countries of the Organisation of Eastern Caribbean States (OECS), and Canada and requested the Government to provide information on the application of the Convention in practice. The Committee observes that, under section 91 of the National Insurance Regulations of 2003, the payment of social security benefits, including compensation in case of work accidents, may be arranged if a beneficiary permanently resides in another country with which Saint Lucia has not concluded a reciprocal agreement. The Committee requests the Government to provide information on the institutional arrangements put in place to ensure the provision of compensation to beneficiaries residing in a country with which there are no reciprocal agreements, and on the form that such arrangements take. The Committee further requests the Government to provide information on the application of the Convention in practice, including statistical data on the number and nationality of foreign workers employed in Saint Lucia as well as the amount of compensation in case of work accidents paid to persons residing abroad and the country of destination.

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.

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation and a direct request, with longstanding requests for information on the application of the rights guaranteed by the Convention with respect to fire service personnel, prison staff and public servants. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government may avail itself of the ILO’s technical assistance.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it has been raising questions concerning compliance with the Convention in an observation, including a longstanding request for the Government to ensure that national legislation expressly recognizes the right to collective bargaining of prison staff and fire service personnel. Not having received any observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation adopted in 2020, and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

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 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee notes that, in its 2019 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicated that: (1) according to a national report of living conditions published in 2016, the labour force rates for women continued to be lower than for men (68.1 per cent compared to 81.8 per cent) with lower earnings for women in almost every case; and (2) although the rate of participation of women in the economy was increasing, it was still lower than that of men, with an increasing tendency towards job segregation reinforced by gender stereotypes. Despite a stronger educational performance of females – which could be expected to result in higher incomes than for males – a 2015 report from UN Women stated that women in Saint Lucia continued to be paid, on average, 10 per cent less than their male peers. According to the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018, this suggests systematic barriers to higher earnings, including discrimination.

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see 2012 General Survey on the fundamental Conventions, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.

Different wages and benefits for women and men. The Committee also notes with regret that the Labour Code (Amendment) Act No. 6 of 2011 did not repeal the existing laws and regulations establishing differential wage rates for men and women, nor did it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.

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

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 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee notes that, in its “Report on the comprehensive national level review of the status of implementation of the Beijing Declaration and Platform for Action” (Beijing+25 report) of 2019, the Government indicated that women continue to account for the larger percentage of the poor. As indicated in the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018: (1) in all occupations except clerical support workers and technicians and associate professionals, men earn more than women; and (2) despite section 270 of the Labour Act which states that men and women must be paid equal remuneration for performing work of equal value, gender pay gaps persist (see the Committee’s observation in this regard).

Article 1(b) and (2) of the Convention. Equal remuneration for men and women for work of equal value. Agricultural sector, including banana plantations. The Committee noted the Government’s statement, in its previous report, that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers, while tasks executed by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to: (i) ensure that the criteria used and the weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias; and (ii) eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.

Article 2(2)(b). Minimum wages. The Committee notes that for years it has been asking the Government about the activities of the Minimum Wages Commission. It recalls that the setting of minimum wages is an important means by which the Convention is applied as women predominate in low-wage employment. A uniform national minimum wage system helps to raise the earnings of the lowest paid and thus has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. However, minimum wages are often set at the sectoral level or in respect of employees and there is a tendency to set lower wages for sectors predominantly employing women. The Committee recalls that in the case of minimum wage fixing at the sector level, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to indicate the measures adopted by the Minimum Wages Commission to ensure minimum wage rates for specified groups of employees or sectors are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It also asks the Government to provide copies of any Minimum Wage Orders adopted for specified groups or sectors.

Article 3. Objective job evaluation. In its previous comment, the Committee noted the Government’s statement that the evaluation methods used in consultation with trade unions were aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages. The Committee asks the Government to provide information on the measures taken to ensure that the methods used are free from gender bias. It also asks the Government to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.

Enforcement. Labour inspection. In its last report in 2014, the Government had indicated that the Labour Department was in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.

Statistics. In its previous comment, the Committee noted, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee also notes the assessment made in the above-mentioned “Gender at Work in the Caribbean – Country report: Saint Lucia” report which found important gaps in strategic information in relation to gender issues, such as, inter alia: (1) the paucity of sex-disaggregated data on informal employment and part-time work in surveys related to the world of work; and (2) the absence of publicly accessible sex-disaggregated data on complaints brought to the Labour Commissioner or Labour Tribunal on matters of gender discrimination in employment. In view of the above, the Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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 2022, 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 3, 5 and 6 of the Convention. Seafarers’ identity documents. The Committee recalls the Government’s earlier statement that the Convention is applied through the Shipping Act 1994 (Cap. 13.27) as last amended in 2001. The Committee notes, however, that with the exception of section 131 that deals with seafarer’s certificates of discharge, the Shipping Act does not contain any specific provisions regulating the procedure for issuing seafarer’s books. The Committee therefore requests the Government to indicate the national laws or regulations prescribing the form and content of the seafarer’s book and giving effect to the following requirements of the Convention: seafarer’s identity document to remain in the seafarer’s possession at all times (Article 3); seafarer’s right to be readmitted to the territory of the country that issued the identity document (Article 5); and seafarer’s right to enter the territory of a country for which the Convention is in force for temporary shore leave or for the purpose of joining a ship, passing in transit to join a ship or for repatriation (Article 6). The Committee requests the Government to provide copies of any relevant texts which may not have been previously transmitted.

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 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Legislation. In its previous comment, the Committee requested that the Government take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs were repealed. It notes that this recommendation was also made in a gap analysis carried out in 2016-2017 under the auspices of the Caribbean Employers’ Confederation (CEC) and the Caribbean Congress of Labour (CCL), supported by the European Union and in collaboration with the ILO. The Committee recalls once again that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to provide information on any measures taken as a follow-up to the recommendations made in the above-mentioned gap analysis and to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed.

Exceptions based on inherent requirements of the job. While section 4 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000 provides for the prohibition of discrimination against applicants and employees, section 5 states that “Section 4 does not apply to any distinction, exclusion, or preference based on the [prohibited] grounds [of discrimination] where a genuine occupational qualification exists”. As indicated in previous comments, the Committee notes that section 5(2)(g) lists, among those “bona fide occupational qualifications exceptions”, the following: “the holder of the job provid[ing] persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex”. Noting that section 5(2)(g) has not been repealed or amended, the Committee states, once again, that it is concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. It further notes that this provision is similar to section 269(2)(h) of the Labour Act of 2006. The Committee therefore urges the Government to take the necessary steps to repeal or amend section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, as well as section 269(2)(h) of the Labour Act of 2006, in order to ensure conformity with the Convention, in law and in practice, and to report on any progress made in this regard.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual orientation. The Committees notes that, in the report of the Office of the United Nations (UN) High Commissioner for Human Rights dated 30 October 2020, it is observed that neither the Constitution nor legislation of Saint Lucia protects against discrimination on the basis of sexual orientation or gender identity and that “lesbian, gay, bisexual and transgender persons who lived openly in society, particularly those from lower economic brackets, faced stigma and discrimination, including challenges in accessing basic health care, and social services, and greater difficulty in finding jobs.” (Human Rights Council, A/HRC/WG.6/37/LCA/2, 30 October 2020, paragraph 9). The Committee notes that, in 2020, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government “reaffirm[ed] its commitment to continue engaging [lesbian, gay, bisexual, transgender and intersex (LGBTI)] organizations and further committ[ed] to addressing unfair anti-discrimination regarding this community” (,A/HRC/WG.6/37/LCA/1, 18 December 2020, paragraph 25). The Committee asks the Government to indicate if there have been cases where LGBTI persons were denied jobs or left jobs due to a hostile work environment and to provide information on any measures taken or envisaged to address and prevent discrimination based on gender identity and sexual orientation.

Sexual harassment. The Committee notes that the Labour Act expressly prohibits any form of sexual harassment against an employee by an employer, managerial employee or co-employee. Section 272 states that sexual harassment constitutes unlawful discrimination based on sex and that the employee shall be entitled to compensation. However, as indicated in the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018, the Criminal Code and the Labour Act do not recognize sexual harassment taking place against workers outside of the employer-employee context. The Committee also notes the observation, in the above-mentioned report of the Office of the UN High Commissioner for Human Rights, that “although the law prohibited sexual harassment in the workplace, this remained a highly underreported problem since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than being prosecuted under the law” (A/HRC/WG.6/37/LCA/2, paragraph 39). The Committee asks the Government to provide information on any measures taken or envisaged to raise awareness of the public on this issue and to facilitate reporting and access to justice. Please provide information on the number of cases brought to the courts or other judicial body and the outcomes thereof.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy. The Committee notes that, in the above-mentioned UPR national report, the Government stated that “the structure of the national mechanism for the advancement of women is being reviewed through the National Gender Equality Policy and Strategic Plan (NGEPSP) and the mainstreaming of gender is also included in Saint Lucia’s National Development Plan” (A/HRC/WG.6/37/LCA/1, paragraph 11). The Committee asks the Government to provide information on the content, timespan and concrete outcomes of the NGEPSP.

Practical application. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), the Government recognized that the irregular reporting was due in part to capacities deficiencies in the Department of Gender Relations but also to the absence of a monitoring mechanism for the preparation of national reports and a strategic approach to the implementation of recommendations. In this regard, the Committee notes that, in February 2019, a National Coordinating Committee for Human Rights was established, comprising both government and non-government membership, headed by the Department of External Affairs and co-chaired by the Attorney General Chambers. It notes that the mandate of this Committee is to oversee the promotion and protection of human rights Conventions, to “ensur[e] the timely preparation of national reports”, and to guide and monitor the strategic implementation of recommendations. The Committee asks the Government to provide information on the activities of the National Coordinating Committee for Human Rights, in particular with regard to the Convention. In the absence of any additional information on the practical application of the Convention, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness-raising, training and other practical measures, and their impact on achieving the objective of equality with respect to all the grounds covered by the Convention.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent call to the Government in 2020, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it raised questions concerning compliance with the Convention in a direct request, particularly with regard to: (i) the express recognition by legislation of the right to collective bargaining of workers in the fire services and prison officers; (ii) the components of conciliation and arbitration for collective bargaining purposes; and (iii) the adoption of measures to encourage and promote the development of collective bargaining. Having received no observations from the social partners and having no indication of progress on these pending issues at its disposal, the Committee refers to its previous direct request adopted in 2020, and urges the Government to provide a full reply. For this purpose, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

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 2022, 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

The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Saint Lucia in its observations concerning the application of the Convention. The Committee invites the Government to provide its comments in this respect.

The Committee notes that the Labour Code, renamed Labour Act No. 37 of 2006 following the adoption of Labour Code (Amendment) Act No. 6 of 2011, took effect on 1 August 2012. Furthermore, the Committee noted in its previous comments that, while women were entitled to severance payments until the age of 60, men were entitled to severance payments until the age of 65. The Committee notes with satisfaction that this provision was repealed with the adoption of the Labour Act which treats men and women equally with respect to entitlement of severance payments (Article 12 of the Convention). The Committee invites the Government to include in its next report information requested in the report form on the manner in which the Convention is applied in practice, including, for example, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country (Part V of the report form). It also invites the Government to provide copies of decisions rendered by courts of law or other tribunals involving questions of principle relating to the application of the Convention (Part IV of the report form).

Article 2(3) of the Convention. Adequate safeguards against recourse to contracts of employment for a specified period of time. The Government indicates that the Labour Act exempts employees who are employed under contracts of employment for less than six weeks from its provisions. The Committee invites the Government to provide information on what safeguards have been provided against recourse to contracts of employment for a specified period of time, the aim of which is to avoid the protection resulting from the Convention (see in this connection Paragraph 3 of Recommendation No. 166).

Article 2(4) and (6). Exclusions. In reply to the Committee’s previous requests, the Government indicates that section 20 of the Labour Act allows for family members to be treated as employees if there is a written contract between the employer and employee. It also indicates that public servants have recourse against unjustified dismissal through a system of appeals to the Public Service Commission. The Committee invites the Government to provide information on the legislation that establishes and regulates the Commission and the manner in which it conducts appeals in cases of unfair dismissal (Article 2(4) of the Convention).

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government indicates that section 369(1) of the Labour Act requires the employer to give reasonable notice of intention to the Labour Commissioner and trade unions in cases of anticipated closures or restructuring. However, there are no regulations to determine that length of notice. The Government has recommended to employers the maximum notice for termination required under the law, that is, six weeks. The Committee invites the Government to indicate the steps taken to include in the relevant legislation a minimum period of notice as required by Article 14(3) of the Convention.

The Committee notes with deep concern that the Government’s report on Convention No. 182, 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.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that sections 5, 6 and 7 of Drugs (Prevention of Misuse) Act No. 22 of 1988, as amended in 1993 and 2004, prohibit the importation, exportation, production, supply and handling of controlled drugs. The Committee further notes that under section 13 of the Act No. 22 of 1988, as amended in 1993 and 2004, any person who employs, hires, or uses a child or a young person under the age of 18 years in the drug trade commits an offence under this Act. The Committee also observes that the 2017 ILO publication “Rapid assessment of child labour in Saint Lucia” indicates a growing concern for children being affiliated with gangs and used to perform illicit activities, including transporting and trading drugs. The Committee requests the Government to indicate the legislative provisions that provide for specific penalties for violation of section 13 of the Drugs (Prevention of Misuse) Act No. 22 of 1988, as amended in 1993 and 2004, and to supply statistical data on the number of investigations and prosecutions carried out as well as the convictions and penalties imposed in this respect.

Article 6. Programmes of action for the elimination of the worst forms of child labour. Trafficking. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to establish the National Task Force for the Prevention of Trafficking in Persons and to develop a National Plan for the Prevention of Trafficking in Persons pursuant to section 33(1) of the Counter-Trafficking Act. While reiterating its concern at the absence of a Government report, the Committee takes due note of the elaboration of the National Action Plan for Combating Trafficking in Persons for 2015-2018 and the establishment of a National Task Force to deal with matters related to the trafficking in persons (the National report of Saint Lucia submitted to the UN Human Rights Council, A/HRC/WG.6/23/LCA/1, paragraph 25). The Committee requests the Government to provide information on the implementation of the National Action Plan for 2015-2018 and the results achieved with respect to the elimination of the worst forms of child labour. It also requests the Government to provide information on the activities of the National Task Force for the Prevention of Trafficking in Persons in preventing and combatting trafficking in children.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation of children. The Committee previously noted the lack of information regarding the extent of trafficking in women and girls and the causes and extent of prostitution in the country, particularly in the tourism industry. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 2014, noted that Saint Lucia was a destination country for persons subjected to forced prostitution and labour exploitation, and expressed concern about indications that children under 18 were coerced to engage in commercial sex (CRC/C/LCA/CO/2-4, paragraph 60). The Committee reiterates its request to the Government to take the necessary measures to assess the number of children engaged in commercial sexual exploitation to be able to adopt appropriate measures aimed to remove children from this worst form of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on any progress made in this respect.

Application of the Convention in practice. In its previous comments, the Committee noted an absence of documented statistics concerning the number and nature of violations involving children and young persons in the worst forms of child labour. The Committee further notes the indication in the 2017 ILO Rapid assessment of child labour concerning the limited availability and unreliability of existing statistical data on child labour, including its worst forms. In this respect, the Committee observes that, on 15 May 2019, Saint Lucia’s Ministry of Equity, Ministry of Economic Development, and UNICEF Eastern Caribbean signed a Memorandum of Understanding to conduct a Multiple Indicator Cluster Survey in the country (the 2019 UNICEF’s publication “Children in Focus”). Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to undertake relevant surveys on child labour and its worst forms and requests the Government to take the necessary measures to ensure that statistics on the incidence of the worst forms of child labour, if possible disaggregated by gender and age, are made available.

Comments adopted by the CEACR: Saint Lucia

Adopted by the CEACR in 2021

C005 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C017 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C019 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C108 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C154 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C158 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)