Fundamental Conventions GAP ANALYSIS MATRIX SAINT VINCENT AND THE GRENADINES

Transcription

1 Fundamental Conventions GAP ANALYSIS MATRIX SAINT VINCENT AND THE GRENADINES

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3 FOREWORD In May 2015, the Caribbean Employers Confederation (CEC) and the Caribbean Congress of Labour (CCL) entered into a Memorandum of Understanding on joint efforts with respect to the legislative and regulatory framework within CARIFORUM countries. CEC and CCL also agreed that it was necessary to undertake joint efforts to support the understanding, application and implementation of regulatory requirements focusing on the EPA Social Chapter which is in keeping with their commitments under the Project 1 funded by the European Union. In this regard, they agreed to jointly uphold and advocate for the rights and principles enshrined in ILO Conventions addressing the issues of the elimination of child labour, forced labour, discrimination and the right to freedom of association and to bargain collectively. Most countries of CARIFORUM have ratified all eight of the ILO Fundamental Conventions covering this platform of human rights considered foundational for the realization of Decent Work. Against this backdrop, it was decided to undertake a review of national legislation in force in the region to understand to what extent current legislation was compliant with the obligations undertaken by member States by their ratification of these Conventions. The gap analyses have been completed on an individual country basis and carried out between March 2016 and March They will provide the affiliates of the CCL and the CEC with a resource to develop bipartite advocacy and action to reform national legislation where it has been found not to be in strict compliance with the provisions of the respective Conventions. In addition, the gap analyses will provide the CEC and the CCL with a baseline to monitor, assess and advocate for the evolution of legislation within CARICOM and the CARIFORUM countries. Caribbean Employers Confederation (CEC) September 2017 Caribbean Congress of Labour (CCL) September The full name of the Project is: Challenges to CARIFORUM Labour, Private Sector and Employers to fulfil their EPA Obligations: Caribbean Employers Confederation and the Caribbean Congress of Labour Component of the Support to Facilitate Participation of CAIFORUM Civil Society in Regional Development and Integration Process

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5 FUNDAMENTAL CONVENTIONS - GAP ANALYSIS MATRIX Name of the country analized: Saint Vincent and the Grenadines Disclaimer This gap analysis is based on the information publicly available at the time of preparation. The information therefore may not reflect the current situation, and may not have taken into consideration all relevant legislation and. In addition, this analysis covers only laws and regulations (mainly Acts), and does not cover decisions or judgments of court(s) or tribunal(s) which may impact the way in which the laws are interpreted or implemented. The results of analysis are not validated by the government. This analysis should therefore be considered a starting point for consultations and joint action. Main provisions of the - National s Part I. Freedom of association and the effective recognition of the right to collective bargaining Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Article 2 [For Articles 2-5 and 7] The Saint Vincent Constitution Gap identified. Workers and employers, Q1. Which legislation Order 1979 (the Constitution) without distinction provides for the rights provides in section 11 protection While the right to join a trade whatsoever, shall have the provided for under of the fundamental right of union or association for the right to establish and, subject Articles 2, 3, 4, 5 and 7 freedom of assembly and promotion of a person s only to the rules of the of the Convention? association. Section 11 states as interest is set out in the organisation concerned, to follows: Constitution as a general right, join organisations of their own Q2. How is this Article (1) Except with his own consent, it is not detailed in any other choosing without previous applied in? Are a person shall not be hindered in legislation, such as to give a authorisation. there any administrave the enjoyment of his freedom of legal obligation for employers or other practical assembly and association, that is to recognize a trade union or elements that may to say, his right to assemble remedies for breach of the make the application of freely and associate with other right of association such as are this Article difficult? persons and in particular to form set out in the Labour Relations or belong to trade unions or Bill, law and/or The Labour Relations Bill, 2001 of Saint Vincent and the Grenadines (SVG) makes the rights and obligations of both workers and employers, with respect to the right of association, clearer and more specific and would improve the labour legislative framework for the country if enacted. The

6 - National s other associations for the protection of his interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisiona. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or c. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. Q2. A country paper prepared for the Caribeean sub-regional Seminar on Employment and Collective 2 law and/or Bill should be adopted as soon as possible.

7 Article 3 1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference [See under Article 2] - National s Bargaining in the Civil Service May 2003 (Country Paper) notes that trade union membership in SVG is low. The paper states that the Government is the largest employer with some 6000 workers however, only 1200 are members of the Public Service Union. Challenges with regard to lack of funds and the need for education of leaders and members of unions were also expressed. oups/public/documents/caricad/ unpan pdf The Trade Union Act, Chapter 154 does not define the terms, worker or employer. The definition of the term trade union speaks to workmen and masters. No distincition is made for managerial staff or employees in the public service. For the purposes of sections 27 to 31, section 26 states that workmen means all persons employed in trade or industry whether or not in the employment of the 3 Gap identified. The Labour Relations Bill, if enacted would introduce the more contemporary terms of employer and employee (which includes a managerial employee), in lieu of master and workman. The only sector exempted from the right to establish or join a trade union found under law and/or The Labour Relations Bill should be enacted.

8 which would restrict this right or impede the lawful exercise thereof. - National s employer with whom a trade dispute exists. No exclusions are contained in the Trade Union Act. Section 17 of the Trade Union Act requires that the rules of a trade union contain the matters prescribed in Part I of the Schedule which includes a requirement at item 9 that the rules include a provision that the committee of management of the union shall be so composed that the majority thereof are workers in the industry represented by the union. The Public and Private Sectors With the exception of the Police Force, as contained in section 72 of the Police Force Act and which includes the military forces by virtue of section 13, all workers, including those employed in the Public Service are entitled to the right to form or join a trade union. The Civil Service Orders of SVG state at paragraph 3.17 that public officers may be members of a trade union but may not hold 4 the current legsilation is the Police Force, which includes the military forces by virtue of section 13 of the Police Force Act. There is therefore no gap in this regard. The US Department of State 2015 Human Rights Report on Saint Vincent and the Grenadines in section 7 under Worker Rights referes to services deemed essential as defined as electricity, water, hospital and police. No reference is made to the extent to which these sectors enjoy the right to freedom of association pdf (Copy of the Essential Services Act is unavailable at the time of this analysis) The requirement in Part I of the Schedule of the Trade Union Act at item 9 with respect to the composition of the committee of law and/or

9 - National s office in a union, the objects of which are wholly or in part political. Under paragraph 3.28 public officers are prohibited from taking strike action on pain of instant dismissal. It is noteworthy that public officers are distinguished from other employees in the Public Service, and are governed by the Civil Service Orders for the Public Service published under the authority of the Cabinet. In the Civil Service Orders employee means a person other than a public officer employed by the Government and these nonpensionable officers and salaried employees by virtue of paragraph 2.1 of the Civil Service Orders are governed by the Public Service Commission Regulations. The Public Service Commission Regulations are silent on trade union membership of these workers, it can be concluded therefore that they are entitled as all general workers in Saint Vincent and Grenadines to 5 management of the trade union may be contrary to the principle of the right of organizations to elect their representatives in full freedom. Paragraph 391 of the 2006 Digest of Decisions and Principles of the Freedom of Association Committee (2006 Digest) refers. roups/public/---ed_norm/--- normes/documents/publicatio n/wcms_ pdf law and/or

10 - National s membership and participation in trade unions. law and/or The Protection of Employment Act, 2003 deals with the employment rights of workers and defines employee as a person who works or has worked under a contract of service whether the contract is oral or in writing, express or implied, for manual labour or otherwise and does not include the director of a company or partner in a partnership who is not also an employee of the firm. The term employer in this Act means any person or authority for whom an employee works excluding the Crown and statutory boards, but only where special provisions already apply with respect to termination notice and retiring benefits. The Education Act Chapter 202 is silent with respect to teachers ability to form and join a trade union, it is inferred therefore that 6

11 - National s they enjoy the right as expressed in the Constitution. The Country Paper refers to the St. Vincent and the Grenadines Teachers Union (SVGTU) which supports the inference that teachers enjoy the right to establish and join a trade union. The Country Paper also mentions the Public Service Union (PSU) as registered under the Trade Union Act. law and/or The Saint Vincent and the Grenadines Trades Disputes (Arbitration and Inquiry) Act, Chapter 153 (the Trade Disputes Act) makes provision for treating with trade disputes and for enquiring into economic and industrial conditions in the country. In the Trade Disputes Act trade dispute is defined as any dispute or difference between employers and workmen, or between workmen and workmen, connected with the employment or nonemployment, or the terms of the employment or conditions of 7

12 - National s labour of any person. Section 2(2) states that the Act shall not apply to persons in the naval, military or air services of the Crown, or to the Police Force, but applies to workmen employed by or under the Crown. law and/or Article 4 Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority. [See under Article 2] The Trade Unions Act, Cap. 154 defines trade union as any combination, whether temporary or permanent, the principal purposes of which are, under its constitution, the regulation of the relations between workmen and masters, or between workmen and workmen, or between masters and masters, whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade: Provided that nothing in this Act - (a) shall affect (i) any agreement between partners as to their own business; (ii) any agreement between an employer 8 Gap identified. The Committee of Experts on the Application of Conventions and Recommendations (CEACR), in its comments published in 2016, requested to amend the discretionary authority of the Registrar in respect of the registration of trade unions under section 11(3) of the Trade Union Act and the powers of the Registrar under section 25 of the Act to conduct investigations into the accounts of the trade unions, as these provisions are contrary to the provisions of the Convention. (See ex/en/f?p=1000:13100:0::no: Sections 11(3) and 25 of the Trade Union Act should be amended in line with the recommendation of the CEACR. While an appeal against the decision of the Registrar is possible, the discretionary power of the Registrar should be limited. In this respect, consideration may be given to defining clearly in the legislation the precise conditions which trade unions must fulfi l in order to be entitled to registration and on the

13 - National s and those employed by him as to such employment; (iii) any agreement in consideration of the sale of the goodwill of a business, or of instruction in any profession, trade or handicraft; or (b) shall preclude any trade union from providing benefits for its members. Section 11 deals with the registration of trade unions in Saint Vincent and the Grenadines. 11(3) gives the Registrar, who is responsible for registering trade unions, the discretion to determine whether the requirements for registration have been met. Section 14(3) provides for an appeal to the High Court for a refusal of the Registrar to register a union. Section 15(1) provides for the grounds on which the Registrar may cancel the registration. They are: (i) at the request of the trade union, to be evidenced in such :P13100_COMMENT_ID: ) law and/or basis of which the registrar may refuse or cancel registration, and of prescribing specific statutory criteria for the purpose of deciding whether such conditions are fulfi lled or not. (See paragraph 302 of Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO available at: wcmsp5/groups/public /---ed_norm/--- normes/documents/p ublication/wcms_ pdf) With respect to cancellation of registration, it should be possible only through judicial channels. See

14 - National s manner as he may direct; and (ii) on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that such trade union has wilfully, and after notice from the Registrar, violated any of the provisions of this Act or has ceased to exist. law and/or paragraph 687 of the Digest. Section 25 allows the Registrar to conduct investigations into the accounts of a trade union. Article 5 Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers. [See under Article 2] The only provisions found which relate to a federation of trade unions is found in section 7 of the Trade Unions Act and provide for the method of voting by secret ballot for the election of delegates to a federation of trade unions for the decisions or dissolution of a trade union or federation of trade unions. No gap identified. There are no provisions in the Trade Union Act that expressly prevent trade unions from joining federations and confederations. In addition, the Country Paper mentions an Employers Federation, registered under the Trade Union Act. /groups/public/documents/ca ricad/unpan pdf 10

15 Article 7 The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof. Article 9 1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations. [See under Article 2] Q. How does the national legislation regulate freedom of association with respect to the armed forces and the police? - National s Trade Union Act does not provide for this matter. There are no provisions which restrict the operations of workers and employers organisations. (Note: Copy of the Public Service Act was not available at the time of this analysis.) The Constitution in section 105 defines Police Force as the Royal Saint Vincent Police Force and includes any other force established to succeed to the functions of the Royal Saint Vincent Police Force. No gap identified. Acquisition of legal personality is not required for registration or operation as a trade union. No gap identified law and/or The Police Act, Cap 280 Section 13, especially paragraph 1, provides that the police force is to assume military service in the event of emergency. It is therefore considered that the police includes the armed forces. 11

16 - National s law and/or The Act provides at section 71 for the establishment, in accordance with rules made by the Governor General, of the Police Welfare Association which will allow noncommissioned officers (including any inspector, sergeant and corporal) and constables to consider and bring to the notice of the Commissioner and the Governor -General all matters affecting their general welfare and efficiency. No questions relating to discipline or promotion may be raised by the Association,section 71 (2) and the Association must be entirely independent and unassociated with any body outside the Force, section 71(3). Section 72 states that subject to the ability of officers to join the Police Welfare Association, no member of the Force shall be or become a member of any trade union nor of any association having for its objects, or one of its objects, to control or influence 12

17 - National s the pay, pensions or conditions of service of the Force. law and/or The penalty for contravening section 72 is expulsion from the Force with the forfeiture of all pension rights of the officer. The question as to whether any body is a trade union or an association to which section 72 applies shall be determined by the Governor-General pursuant to section 73. Saint Vincent and the Grenadines has no permanent military force. By virtue of section 13 of the Police Force Act, the Governor General may by proclamation, in the event of war or other emergency, deem the Police Force or any part thereof, a military force for the defence of the country. Similarly no legislation governing the fire service was found. Section 12 (i) of the Police Force Act states that members of the 13

18 - National s Police Force may be called upon to assist in the protection of life and property at fires, and escort prisoners to and from prisons. According to the website of the Ministry of National Security there is a fire department in SVG manned by some 57 persons. ity/index.php?option=com_conte nt&view=article&id=50&itemid=1 74 law and/or Article 11 Each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise. Q. Does the national legislation guarantee the right to organize without any distinction, including managerial and executive staff and employers? There are no provisions in the Trade Union Act which exclude managerial and executive staff from the right to organize. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Article 1 Q1. Are there any 1. Workers shall enjoy provisions in the adequate protection against national legislation that acts of anti-union would prohibit denial or The Protection of Employment Act in section 16 provides that an employer shall not terminate the services of an employee for trade 14 No gap identified Gap identified. The CEACR, in its comments published in 2016, noted the The Labour Relations Bill or the relevant legislation should be adopted in line with

19 discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to-- (a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration. cancellation of employment due to trade union membership of a worker? Q2. Does the national legislation provide for protection from any other types of antiunion s? Q3. How is this Article of the Convention applied in? Are there any administrave or other practical elements that may make the application of this Article difficult? Q1. How does the national legislation ensure that workers and employers organization do not interfere each other, by, among others, prohibiting any measures that would - National s union membership, or participation in trade union activities outside working hours or with the consent of the employer. The Trade Union Act and Civil Service Orders do not contain provisions relevant to this Article. 15 absence of provisions in the legislation of Saint Vincent which provide: (i) protection against anti-union discrimination and against acts of interference between workers and employers organizations, and (ii) encouragement of collective bargaining in the private and public sectors. It requested the Government to take action to adopt the relevant legislation, i.e. the Labour Relations Bill. (See ex/en/f?p=1000:13100:0::no: 13100:P13100_COMMENT_ID: ) law and/or the recommendation by the CEACR. See under Article 1. See under Article 1. See under Article 1.

20 2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article. Article 3 Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles. Article 4 limit independence in finance or operation? Q2. How is this Article of the Convention applied in? Are there any administrave or other practical elements that may make the application of this Article difficult? Q1. Are there any bodies that would discuss and promote the right to organize? Are they tripartite? Q2. What are the measures envisaged under the national legislation that would be taken if the right to organize is violated? Q. How, through legal or other means, - National s 16 law and/or See under Article 1 See under Article 1 See under Article 1 See under Article 1 See under Article 1 See under Article 1

21 Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements. Article 5 1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations. Article 6 This Convention does not deal with the position of public servants engaged in the administration of the State, nor shall it be construed as prejudicing their rights or status in any way. voluntary negotiation between emplyoers and workers is encouraged and promoted? Q. How does the national legislation regulate the issues of the right to organize and to collective bargaining with respect to the armed forces and the police? Q1. How does the national legislation regulate the issues of the right to organize and to collective bargaining with respect to civil servants employed in - National s See under Article 9 of Convention No. 87 Q1 While public officers have the right under paragraph 3.17 of the Civil Service Orders to join a trade union (see under Article 3 of Convention No. 87), they are prohibited from taking strike action on penalty of instant 17 See under Article 9 of Convention No. 87 The provision of the Civl Service Orders covering all civil officers may be too broard, the exemption under this Article of the Convention should be limited to those directly engaged in the administration of the State. law and/or See under Article 9 of Convention No. 87 Consideration may be given to the possibility of limiting the scope of prohibition of industrial action for public officers under paragraph 3.28 of the Civil Service Orders.

22 government ministries and other comparable bodies? Q2. How is this provision of the Convention applied in? Are there any administrave or other practical elements that may make the application of this Article difficult? - National s dismissal under paragraph 3.28 of the Orders. Q2. iwitness News published in February refers to a one day strike in October 2015 called by the Teachers Union and the Public Service Union in an effort to force the Government to pay a lump sum in lieu of salary increases since The Government announced soon after a 2.5 % salary increase for 2015 which was paid on December 18, In the absence of clear provisions in the legislation with respect to collective bargaining, this seems to be an example that the unions do exercise their right to organize without hindrance. /11/unions-to-sue-govt-overpromotions-within-publicservice/ Part II. Elimination of all forms of forced or compulsory labour Forced Labour Convention, 1930 (No. 29) See Paragraph 887 of the 2006 Digest of Decisions and Principles of the Freedom of Association Committee, available at: roups/public/---ed_norm/--- normes/documents/publicatio n/wcms_ pdf law and/or 18

23 Article 1 1. Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period. Q. Are there any national legislation, policy and/or programme to suppress the use of forced or compulsory labour? - National s The Constitution of Saint Vincent and the Grenadines, 1979 (The Constitution) provides as follows; Protection from slavery and forced labor. 4. (1) No person shall be held in slavery or servitude. (2) No person shall be required to perform forced labor. Gap identified. The Constitution does not define the terms forced labour or slavery. There are no laws that contain provisions for suppression of the use of forced labour. law and/or There should be specific legislation to give effect to the Convention by defining the term forced labour with exemptions, if any, and by providing for measures to supress the use of forced labour. (3) For the purposes of this section, the expression "forced labor" does not include_ a. any labor required in consequence of the sentence or order or a court; b. labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance 19

24 - National s of the place at which he is detained; law and/or c. any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service; d. any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 20

25 Article 2 1. For the purposes of this Convention the term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. 2. Nevertheless, for the purposes of this Convention, the term forced or compulsory labour shall not include-- (a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character; (b) any work or service which forms part of the normal civic obligations of the citizens of a fully selfgoverning country; (c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is Q1. If a national legislation, policy and/or programme to suppress the use of forced or compulsory labour exist, how do they define the term forced or compulsory labour? Q2. Does the national legislation contain any exemption in this regard? - National s 21 law and/or See under Article 1 See under Article 1. See under Article 1.

26 carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations; (d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population; (e) minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon - National s 22 law and/or

27 the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. Protocol of 2014 to the Forced Labour Convention, 1930 Article 1 1. In giving effect to its obligations under the Convention to suppress forced or compulsory labour, each Member shall take effective measures to prevent and eliminate its use, to provide to victims protection and access to appropriate and effective remedies, such as compensation, and to sanction the perpetrators of forced or compulsory labour. 2. Each Member shall develop a national policy and plan of action for the effective and sustained suppression of forced or compulsory labour in consultation with employers [For Articles 1-3] Q1. If a national legislation, policy and/or programme to suppress the use of forced or compulsory labour exist, do they contain measures to: (i) prevent and eliminate its use; (ii) provide to victims protection and access to remedies (e.g. compensation-also relevant to Article 4 of the Convention); and (iii) sanction the perpetrators - National s Q1. (i) The Prevention of Trafficking in Persons Act, 2011 (the Trafficking Act) brings into domestic law the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children. Section 3 of the Trafficking Act states that the object to prevent and combat trafficking in persons by providing a framework for protecting and assisting victims, effectively investigating and prosecuting offenders and suppressing all forms of trafficking in persons and utilizing co-operation between Saint Vincent and the Grenadines and other states to 23 Gap identified. See under Article 1 of Convention No. 29. With the exception of the general protection contained in the Constitution, the law which deals with combating forced labour is focused on the offence of trafficking in persons and does not extend to wider issues related to forced labour. Detection and enforcement under the Trafficking in Persons Act is the responbility of the Police upon the cumbersome process of law and/or See under Article 1 of Convention No. 29. Legal action is necessary. In addition, there should be a programme of action that contains specific means to address issues related to forced labour, and to inform and educate vulnerable persons, employers and other stakeholders. Study on the current situation should be conducted. There should also be a tripartite body that discusseses these

28 and workers organizations, which shall involve systematic action by the competent authorities and, as appropriate, in coordination with employers and workers organizations, as well as with other groups concerned. (iv) educate and inform people who may become victims of forced or compulsory labour; (v) educate and inform employers about forced or compulsory labour s; (vi) ensuring that legislation relevant to the prevention of forced or compulsory labour is applied to all workers and all economic sectors, and that its application is enforced through labour inspection; (vii) protecting persons particularly volunerable to forced or compulsory labour, partciulary migrant workers; - National s prevent and suppress trafficking in persons and punish offenders. (ii) Part III of the Trafficking Act prescribes assistance to victims and includes; protection from intimidation and recapture, social benefits, privacy, immigration assistance and educational and training programmes. Section 16 provides that a person convicted of a trafficking offence may be ordered by the Court to pay restitution to the victim, including compensation for distress and pain. Section 16 (3) states that as far as possible restitution shall be paid from the property forfeited from the offenders. (iii) The assets, including overseas assets, of a person convicted of a trafficking offence may be forfeited to the State under section 12 of the Trafficking Act. Sanctions for perpetrators are set out in Part II and include a fine of EC $250,000 (approx. $92, warrant, there is no labour inspector function. law and/or means and to monitor progress. The Government may give consideration to the introduction of a labour inspection function to make detection and prosecution of offences under the Trafficking Act more extensive.

29 (viii) establishing and enforcing procedures and mechanisms necessary to prevent and respond to forced or compulsory labour; and (ix) studyng the root causes of forced or compulsory labour and relecting the results to legislation, national policies or programmes. Q2. What are the progress and results achieved by these measures? Q3. Are employers and workers organization involved in implementing measures mentioned under Q1 above? If so, how are they involved? - National s USD) or 15 years imprisonment or both, for engaging in trafficking in persons, and for aggravating circumstances as set out in sections 7 and 8 an additional period of 15 and 20 years imprisonment may be added to the sentence by the Court. These aggravated circumstances include where the victim is a child, the victim is assaulted or where a dangerous weapon is used. (iv) One of the functions of the Task Force created by virtue of section 35 of the Trafficking Act is to (i) publish and disseminate awareness material, in conjunction with other agencies, to discourage the demand that fosters the exploitation of persons. (v) The US Department of State in its 2016 Trafficking in Persons Report for St. Vincent and the Grenadines under the heading of PREVENTION stated that the 25 law and/or

30 - National s Government launched an antitrafficking public awareness campaign, which mostly reached persons at primary school and faith based institutions. No mention was made of education targeted towards employers. s/organization/ pdf law and/or (vi) There are no exclusions contained in the Trafficking Act and so it appears to apply to all sectors of the economy and all persons in Saint Vincent and the Grenadines. Section 17 addresses the investigation and enforcement of trafficking in persons offences and provides for a police officer on warrant to enter, search and seize evidence from premises relating to an offence under the Act. (vii) Emphasis is given in the Trafficking in Persons Act to women and children, the long title refers, however there are no 26

31 - National s specific provisions or programmes targeted to the protection of migrant workers. law and/or (viii) The National Task Force Against Trafficking in Persons is established under section 34 of the Act is a Ministerial body and has as its mandate, among other things the responsibility of developing a national plan to address trafficking in persons and to collect and share information for awareness and law enforcement. (ix) The US Department 2016 Trafficking in Persons Report refers to a national action plan for the period developed by the Task Force. Unfortunately copies of the action plan could not be found. s/organization/ pdf Q2. According to the The US Department 2016 Trafficking in 27

32 - National s Persons Report more effort should be placed by the Government on detection and prosecution of trafficking in persons offences. In addition greater assistance should be provided to victims promoting a victim-centred approach, and in prevention mechanisms. s/organization/ pdf law and/or Q3. No information found. Article 2 The measures to be taken for the prevention of forced or compulsory labour shall include: (a) educating and informing people, especially those considered to be particularly vulnerable, in order to prevent their becoming victims of forced or compulsory labour; (b) educating and informing employers, in order to prevent See under Article 1 See under Article 1 See under Article 1 28

33 their becoming involved in forced or compulsory labour s; (c) undertaking efforts to ensure that: (i) the coverage and enforcement of legislation relevant to the prevention of forced or compulsory labour, including labour law as appropriate, apply to all workers and all sectors of the economy; and (ii) labour inspection services and other services responsible for the implementation of this legislation are strengthened; (d) protecting persons, particularly migrant workers, from possible abusive and fraudulent s during the recruitment and placement process; (e) supporting due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour; and - National s law and/or 29

34 (f) addressing the root causes and factors that heighten the risks of forced or compulsory labour. Article 3 Each Member shall take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support. Article 5 Members shall cooperate with each other to ensure the prevention and elimination of all forms of forced or compulsory labour. - National s A Mutual Legal Assistance treaty was signed by Saint Vincent and the Grenadines and the United States of America on January 8, 1998 to provide assistance to 30 law and/or (See under Article 1) See under Article 1. See under Article 1. See under Article 1. Q1. If a national legislation, policy and/or programme to suppress the use of forced or compulsory labour exist, do they provide for cooperation with other countries or with other relevant regional and international organizations? Q2. What are the progress and results Section 35 (1) (e) and (f) of the Trafficking in Persons Act lists as functions of the Task Force the responsibility to engage in efforts with foreign countries to strengthen local and regional capacities to prevent trafficking, assist victims and enhance cooperation efforts for treating with victims. While there is no comprehensive programme of action against forced labour, no gap was identified in the area of trafficking in persons.

35 achieved by these measures? - National s each other in the investigation, prosecution and prevention of criminal matters, including trafficking in persons. /tias/ htm law and/or Abolition of Forced Labour Convention, 1957 (No. 105) Article 1 Q1. What national Each Member of the legislation provides for International Labour prohibition of the use of Organisation which ratifies forced or compulsory this Convention undertakes to labour as means as suppress and not to make use provided for in this According to the US Department of State Trafficking in Persons Report 2016 on St. Vincent and the Grenadines there needs to be more effort on investigation and prosecution of trafficking offences. In 2014 and 2015 according to the Report only 3 cases were investigated in each year with no convictions. s/organization/ pdfhttps:/ / nization/ pdf Under sections 8, 9 and 12 of the Societies Act, the Registrar may refuse or cancel the registration of a society, inter alia, if it is incompatible with the peace, good order or welfare of Saint 31 Gap identified. The CEACR, in its comment published in 2014 noted that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including The relevant provisions of the Societies Act and The Public Order Act should be amended in line with the

36 of any form of forced or compulsory labour-- (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) as a method of mobilising and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination. Article of the Convention? Q2. How is this provision of the Convention applied in? - National s Vincent and the Grenadines, and that various offences related to unlawful societies are punishable, with imprisonment (involving an obligation to perform labour). Under the Public Order Act, sections 3(1), 15 and 17(2) stipulate that cetain infractions are punishable by imprisonment involving an obligation to perform labour under the Prisons Ordinance. Sections 3(1) and 17(2) punish, with penalties of imprisonment, the wearing in any public meeting, without permission of the chief of police, a uniform signifying association with any political organization or with the promotion of any political object. Sections 15 and 17(2) penalize the use of threatening, abusive or insulting words or behaviour in a public place or at a public meeting, with the intent to provoke a breach of peace. 32 compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It indicated that the Government that freedom of expression of political views is closely linked to the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore requested to amend sections 8,9, and 12 of the Societies Act. With respect to the Public Order Act, the CEACR indicated that the circumstances in which persons may be imprisoned and so subject to compulsory law and/or recommendation of the CEACR.

37 - National s labour under sections 3(1), 15 and 17(2) if the Act are incompatible with the provisions of the Convention. While the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, and individual rights and freedoms may be limited by law in order to ensure the rights and freedoms of others and to meet the requirements of public order and welfare, it would be incompatible with the Convention if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system. (See ex/en/f?p=1000:13100:0::no: law and/or 33

38 Part III. Effective abolition of child labour Minimum Age Convention, 1973 (No. 138) Article 2 1. Each Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and on means of transport registered in its territory; subject to Articles 4 to 8 of this Convention, no one under that age shall be admitted to employment or work in any occupation. 3. The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. 4. Notwithstanding the provisions of paragraph 3 of Q1. What is the legal minimum age for admission to employment? What provisions of the national legislation provide for it? Q2. If the minimum age is 14, was there a consultation with employers and workers organization in accordance with Article 2, paragraph 4 of the Convention? Q3. What is the age of completion of compulsory schooling? What provisions of the national legislation provide for it? - National s The Government specified 14 years as the minimum age at the time of ratification of the Convention. The Education Act, 2006, Cap. 202 provides that the compulsory school age means any age from five years to sixteen years of age. There is therefore a gap in the minimum age for the admission to employment and the age for compulsory schooling :P13100_COMMENT_ID: ) Gap identified. The CEACR, in its comment published in 2014, noted the compulsory schooing age is higher than the minimum age for adminssion to employment. The Committee requested to raise the minimum age to 16 years. (See ex/en/f?p=1000:13100:0::no: 13100:P13100_COMMENT_ID: ) law and/or The general minimum age should be raised to 16 years in line with the recommendation by the CEACR. 34

39 this Article, a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. Article 3 1. The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years. 2. The types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or regulations or by the competent authority, after consultation with the organisations of employers Q1. Does the national legislation provides for a higher minimum age for admission to any employment which likely to be hazardous to young persons? If so, what is that minimum age? - National s The Employment of Women, Young Persons and Children Act of 1938 (as amended), Cap. 209 (EWYPC Act), defines in section 2 "child" as a person under the age of fourteen; young person is defined as a person who has ceased to be a child and who is under the age of 18. Section 3 of the EWYPC Act restricts the employment of women, young persons and children at night in industrial undertakings. The employment of children on ships is also restricted under section 4. The EWYPC Act prescribes in section 2 the following: 35 Gap identified. There are no provisions in the EWYPC Act which clearly prohibit the employment of children below the age of 18 in hazardous work apart from the prohibition on night work covered in section 3(2). The regulations envisaged under section 6 of the Act are not yet adopted. See also the comments of the CEACR published in 2014 ( lex/en/f?p=1000:13100:0::no: 13100:P13100_COMMENT_ID: ). law and/or Types of hazardous work in which children below 18 years of age would be prohibited from being employed should be discussed in consultation with relevant employers and workers organizations and should be issued in the form of reuglations envisaged under section 6 of the EWYPC Act. Also a review of the Act, which was enacted in 1938, may be done so that the