Saint Lucia

Paragraph 547
After 1 August, 1834, all slaves in the British Colonies were emancipated, slavery was forever abolished in all British possessions and declared unlawful (Slavery Abolition Act 1833).

Article 1. Protection of fundamental rights and freedoms
Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the protection of the law;
b) freedoms of conscience, of expression and of assembly and association; and
c) protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect of the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Article 3.
(1) A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:
Article 4. Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression “forced labour” does not include-
a) any labour required in consequence of the sentence or order of a court;
b) labour 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 of the place at which he is detained;
c) any labour 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 objection to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service;
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, t tee extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.
5. Protection from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
12. Protection of freedom of movement
(1) A person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout Saint Lucia, the right to reside in any part of Saint Lucia the right to enter Saint Lucia, the right to leave Saint Lucia and immunity form expulsion form Saint Lucia.

(2) Any restriction on a person’s freedom of movement that is involved in this lawful detention shall not be held to be inconsistent with or in contravention of this section.
(3) 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 provision for the imposition of restrictions on the movement or residence within Saint Lucia of any person or non any person’s right to leave Saint Lucia that are reasonably required in the interest of defence, public safety or public order;St Lucia Constitution

Article 143. Keeping brothel
(1) Any person who keeps or manages or appears, acts, or behaves as master or mistress or as the person having the care, control, or management, or assists in the care, control, or management of a brothel is deemed to be the keeper thereof and commits an offence, and is liable to be prosecuted and punished as such keeper, and it is immaterial whether or not he or she is the real keeper.
(2) Any person who, being the tenant, lessee, or occupier or person in charge of any premises—
(a) knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution;
(b) and being a male or female uses such premises for habitual prostitution of himself or herself,
commits an offence.
(3) Any person who, being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the premises or any part of it with the knowledge that such premises or part of it is to be used as a brothel or for purposes of habitual prostitution, commits an offence.
(4) If the Commissioner of Police brings to the attention of the lessor or landlord, or his or her agent by a notice in writing signed by him or her that such premises are being used as a brothel or for purposes of habitual prostitution, the lessor or landlord or agent is deemed to have had such knowledge or to wilfully aid and abet the continued use of such premises or any part of it as a brothel or for purposes of habitual prostitution.
(5) Any person who commits an offence under subsections (2) and (3) is liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for 3 years.
(6) In addition to any fine or term of imprisonment imposed under subsection (5) the person may be required by the Court to enter into a recognisance with or without sureties to be of good behaviour for a period not exceeding one year, and in default of compliance with such recognisance is liable to imprisonment for a further period not exceeding one year.
Article 147. Trading in prostitution
A magistrate upon a complaint on oath that there is reason to suspect that a house or part of a house is used by a male or female for purposes of prostitution, and that any male or female person who resides in or frequents the house lives wholly or in part on the earnings of the prostitute, may, by warrant under his or her hand, authorise any police officer to enter the house at any time and to arrest and bring that male or female person before him or her, to be dealt with according to law.

Article 149. Trading in prostitution by female
A female who is proved to have, for the purposes of gain, exercised control, or influence over the movements of a prostitute in such manner as to show that she is aiding and abetting or compelling her prostitution with the person or generally, is liable on conviction on indictment to imprisonment for 5 years, or on summary conviction to imprisonment for 2 years.
Article 163. Abduction of male or female of any age with intent to marry or defile
(1) Any person who takes away or detains a male or female of any age against his or her will, with intent to marry, or have sexual intercourse or sexual connection with him or her or to cause him or her to be married or have sexual intercourse or sexual connection with any other person, is liable on conviction on indictment to imprisonment for 14 years.
(2) Any person who, knowing that a person has committed an offence under subsection (1) aids and abets the unlawful detention of the person or otherwise aids and abets the execution of the intent with which that offence was committed, also commits that offence.

Article 176. Compulsory marriage of person
Where a person is compelled to marry another person in circumstances which renders the marriage void or voidable, such marriage is of no effect for the purposes of Part 2 of Chapter One of this Code with respect to consent.
Article 181. Causing marriage by force or duress
(1) A person who, by use of force or duress, causes any other person to marry against his or her will is liable on conviction on indictment to imprisonment for 2 years.
(2) Any person who knowing that a person has committed an offence under subsection (1) aids and abets the unlawful detention of the person, or otherwise aids and abets the execution of the intent with which that offence was committed, also commits that offence.St Lucia Criminal Code

Article 6. Prohibition against forced labour
(1) A person shall not be required to perform forced labour.
(2) For the purposes of this section, “forced labour” shall have the same meaning assigned to it under section 4 of the Constitution of Saint Lucia, Cap. 1.01.
Article 9. Direct complaint to the Tribunal
A person who alleges a contravention of this Part may make a complaint directly to the Tribunal.
Article 122. Prohibition of child labour
(1) Notwithstanding section 18 (2) and subject to subsection (2), a person shall not employ or allow to be employed any child who is under the minimum school leaving age as declared by any law in force in Saint Lucia except for employment during school holidays in light work.
(2) A person may not employ or allow to be employed a child or young person in employment that is inappropriate for a person of that age, being work which places at risk the child or young person’s wellbeing, education, safety, physical or mental health, or spiritual, moral or social development.
(3) The provisions of subsection (1) do not apply to —
(a) work done by children or young persons in technical schools as part of their technical program where such work is approved and supervised by the relevant public authority;
(b) work done under order of detention in a reformatory or industrial school where such work is approved and supervised by the relevant public authority; or
(c) work done by children on job training or work experience activities where such work is approved and supervised by the relevant public authority;

(d) non-hazardous work done as a community service or for a charity outside of normal school hours where such work does not prejudice the child’s capacity to benefit from the instruction received;
(e) work done by members of a recognized youth organization which is engaged collectively in such employment for the purposes of fund raising for such organization or charity outside of normal school hours where such work does not prejudice the child’s capacity to benefit from the instruction received;
(f) work done by persons over the age of thirteen years which is characterised as light work which is not harmful, prejudicial or dangerous to the child or young person and does not place at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development and such light work may include but is not limited to —
(i) newspaper rounds;
(ii) car-washing;
(iii) cake sales and other sales at school and charity fairs;
if such light work is approved by the Labour Commissioner by Order published in the Gazette after consultation with organizations of employers and employees concerned;
(g) work done by children or young persons participating in artistic performances based on a permit granted by the Minister in his or her discretion on a case by case basis limiting hours to be worked and indicating conditions of work.
Article 127. Penalties for child and young person labour
Any employer who contravenes sections 122, 123 or 124 commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term of two years or both.
Article 433. Orders declaring rights and imposing duties
The Tribunal shall have authority to make orders —
(a) declaring the rights of the parties in any matter arising out of this Code;
(b) directing any person to comply with any duty imposed on him or her by this Code.St Lucia Labour Code

Article 2. Interpretation
2. In this Act –
“debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those of the persons under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
“exploitation” means at a minimum –
(a) keeping a person in a state of slavery;
(b) subjecting a person to practices similar to slavery;
(c) compelling or causing a person to provide forced labour or services;
(d) keeping a person in a state of servitude, including sexual servitude;
(e) the exploitation of the prostitution of another;
(f) engaging in any form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography;
(g) illicit removal of human organs;
“exploitation of the prostitution of others” means the deriving by one person of monetary or other benefit through the provision of sexual services for money or other benefit by another person;
“forced labour” means labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint;
“practices similar to slavery” means, in general, debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation;

“servitude” means a condition of dependency in which labour or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm;
“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;
“trafficking in children” means the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, irrespective of whether any of the means described in the definition of “trafficking in persons” has been established;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
Article 5. Offence of trafficking in persons
(1) A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organizes or directs another person to engage in trafficking in persons commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or a term of imprisonment not exceeding five years.
(2) The recruitment, transportation, harbouring, or receipt of a child, or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the means of trafficking in persons has been established.

Article 7. Offence of transporting a person for the purpose of exploiting such person’s prostitution
(1) Whoever knowingly transports, or conspires to transport or attempts to transport, or assist another person engaged in transporting any person in Saint Lucia, or across an international border for the purposes of exploiting that person’s prostitution commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or imprisonment for a term not exceeding five years.
(2) The presence of any one of the following aggravating factors resulting from acts of the defendant may permit a longer sentence up to ten years, together with forfeiture of the conveyance used for transporting the victim-
(a) transporting two or more persons at the same time;
(b) causing permanent or life-threatening bodily injury to the person transported;
(c) transporting of one or more children;
(d) transporting as part of the activity of an organized criminal group.St Lucia Trafficking in Persons Law

Note: makes it an offense to employ a child between the ages of 5 and 15 during the school year.