Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kiribati (Ratification: 2000)

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, under sections 46 and 47 of the Prisons Ordinance of 1977, penalties of imprisonment involved an obligation to perform labour. It noted that penalties of imprisonment might 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 and 76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee also observed that the Public Order Ordinance of 1977 contained provisions punishing with imprisonment the infringement of various prohibitions concerning meetings, processions, assemblies, flags, and emblems and uniforms in connection with political objects, such as sections 3, 4 and 14. The Committee accordingly requested the Government to take the appropriate measures to bring the above-mentioned provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention, in order to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. It also requested the Government to continue to provide information on their application in practice.

The Government indicates that the Decent Work Advisory Board (DWAB) underlined that more consultations with the Office of the Attorney-General and relevant ministries were required to consider amendments that would bring sections 46 and 47 of the Prisons Ordinance in conformity with the Convention. The Committee notes the absence of information in the Government’s report regarding the application in practice of the above provisions.

In respect of the Public Order Ordinance, the Committee notes that, in addition to sections 3, 4 and 14, sections 5, 17, 18 and 20 also provide for penalties of imprisonment for the infringement of prohibitions concerning unlawful societies, public gatherings and unlawful assemblies. The Committee recalls that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with the Convention where they enforce a prohibition of the peaceful expression of non-violent views that are critical of government policy and the established political, social or economic system. Therefore, the Committee firmly hopes that the Government will take the necessary measures without delay to ensure that no sanctions involving compulsory labour, including compulsory prison labour, may be imposed, in law and in practice, as a punishment for holding or expressing political or ideological views. It requests the Government to provide information on the progress achieved in this regard. In the meantime, it requests the Government to supply information on the application of sections 60, 66, 69(1), 70(3), 75, 76 and 78 of the Penal Code, as well as on sections 3, 4, 5, 14, 17, 18 and 20 of the Public Order Ordinance, including the number and nature of the penalties applied.