Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Kiribati (Ratification: 2000)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory labour under sections 46 and 47 of the Prisons Ordinance of 1977) may be imposed under the following provisions of the Penal Code:

-section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
-section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
-section 69(1) (contravening a court order prohibiting the publication of a newspaper);
-sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
-sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee requested the Government to take the appropriate measures to bring the provisions of the Penal Code and Public Order Ordinance into conformity with the Convention. The Committee also requested the Government to continue to provide information on their application in practice as well as to supply copies of court decisions on their scope.

The Committee notes the Government’s indications in its report that it is irrelevant to bring the provisions of the Penal Code and Public Order Ordinance into conformity with Article 1(a) of the Convention. It states that article 6(3)(a) of the Kiribati Constitution states that any labour activities performed by a prisoner as a consequence of a court sentence or order is not considered as forced labour. The Government also indicates that section 122 of the Employment and Industrial Relations Code 2015 (EIRC) provides for the imposition of a fine of 10,000 Australian dollars (AUD) or a term of imprisonment of 25 years or both for a person, organization or union who exacts, procures or engages forced or compulsory labour. The Government reports that there are no published judicial decisions pursuant to sections 3, 4 and 14 of the Public Order Ordinance with respect to imprisonment for violation of the prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects. The Committee takes note of this information as well as the technical assistance provided by the Office in the framework of the Decent Work Country Programme. The Committee recalls that sanctions involving compulsory labour, as intended under sections 46 and 47 of the Prisons Ordinance, fall within the scope of the Convention where they enforce a prohibition of expression of views or of the opposition to the established political, social or economic system. The Committee once again hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention and indicated practice, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (for example, fines), in order to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope. Moreover, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Article 1(d). Penalties of imprisonment involving the obligation to work as punishment for participation in strikes. In its previous comments, the Committee noted that section 37 of the Industrial Relations Act of 2008 imposes sanctions of imprisonment involving compulsory labour for participation in strikes in essential services. It encouraged the Government to pursue its efforts to adopt the new EIRC to address the issue of penal sanctions for participation in strikes. It also requested the Government to provide information on the progress made in this regard.

The Government indicates in its report that the date of implementation of the EIRC has not been specified yet. It states in particular that section 136(4) of the EIRC provides for offences when a person contravenes the order of the Register relating to the strike. This clause does not recommend any penalty; however, section 152 of the EIRC regulates that a person who commits an offence under this Code for which no specific penalty is prescribed is liable on conviction to AUD$2,000 where a person is an individual and AUD$10,000 for a corporation, trade or employer organization. The Committee takes note of the new provisions of the EIRC. However, noting the Government’s indication that the EIRC will be implemented at a later stage, the Committee requests the Government to indicate the progress achieved in this regard.

Communication of texts. The Committee takes note of the copies provided by the Government of the Kiribati Chamber of Commerce Act 2013, the Incorporated Societies Act and Chapter 5 of the Kiribati Constitution, which govern political parties and associations.