Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Saint Kitts and Nevis (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. For several years, the Committee has been referring to the following legal provisions, that are drafted in broad terms and may lead to the imposition of prison sentences, which by virtue of section 193 (1) of the Prison Act (Cap.19.08) involve compulsory prison labour, for activities that relate to the expression of political views or views ideologically opposed to the established system:

• section 4(10) of the Public Meetings and Procession Act (Cap. 19.10), according to which a person who organizes or attempts to organize or incites a person to organize or take part in a public procession prohibited by the authority is liable to a fine or imprisonment for up to six months;
• section 3(1), read together with section 6(1) of the Public Order Act (Cap. 19.11), pursuant to which a person who in any public place or at any public meeting wears uniforms signifying his or her association with any political organization or with the promotion of any political object is liable to a fine or imprisonment for up to ten months, or both;
• section 22(c), read in conjunction with section 23, of the Public Order Act (Cap.19.11), according to which a person who holds, organizes, speaks at, or takes part in any public meeting or public march contrary to the Act is liable to a fine or imprisonment for up to six months, or both.

The Committee takes note of the Government’s indication that the provisions entailed within sections 4(10) of the Public Meetings and Procession Act and 6 (1) of the Public Order Act are not enforced through practice or custom. The Government considers that the sanctions outlined in the acts mentioned above are excessive and should be amended to a lesser penalty. It reiterates its intention to revise these texts, within the context of social dialogue with the National Tripartite Committee. The Government is hopeful that, through this process, corrective measures will be taken to establish sanctions that are adequate and reasonable.

The Committee welcomes the Government’s intention to review the sanctions established under the provisions of the acts referred to above. The Committee recalls that in accordance with Article 1(a) of the Convention, no sanctions involving compulsory labour, including compulsory prison labour, should be imposed on persons who express political views or views opposed to the established system. The Committee hopes that the Government will inform on any progress made regarding the review of the legislation. Meanwhile, to assess that no such sanctions are imposed in practice on persons for the peaceful expression of political views or views opposed to the established system, the Committee requests the Government to provide information on any prosecutions, judicial decisions handed down or sanctions imposed under sections 4(10) of the Public Meetings and Procession Act (Cap. 19.10), and sections 3(1) and 22 (c) of the Public Order Act (Cap. 19.11), including a description of the facts that led to the convictions.