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Prohibition of Forced or Compulsory Labour Ordinance 1960

COOKS ISLANDS

PROHIBITION OF FORCED OR COMPULSORY LABOUR
ORDINANCE 1960

ANALYSIS

Title
1. Short title and commencement
2. Interpretation
3. Forced or compulsory labour prohibited
4. Application to the Crown
5. Extent of Ordinance
6. Penalty

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1960, No. 2

An Ordinance to enable effect to be given to the International Convention Concerning the Abolition of Forced Labour adopted by the International Labour Conference at Geneva on 25 June 1957, and for purposes connected therewith.

(7 July 1960

1. Short Title and Commencement -

(a) This Ordinance may be cited as the Prohibition of Forced or Compulsory Labour Ordinance l960.

(b) This Ordinance shall come into force on the day it is assented to by the [High Commissioner] of the Cook Islands.

[The words "High Commissioner" were substituted for the words "Resident Commissioner" by S. 3(4) of the Cook Islands Amendment Act 1965.]

2. Interpretation - In this Ordinance unless the context otherwise requires "forced or compulsory labour" means 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, but does 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 citizen;

(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 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 a 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 in circumstances that would endanger the existence or the wellbeing of whole or part of the population;

(e) minor communal services of a kind which, being performed by members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent on 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.

3. Forced or Compulsory Labour Prohibited - It shall not be lawful for any person to exact, procure or employ forced or compulsory labour in the Cook Islands.

4. Application to the Crown - This Ordinance shall bind the Crown.

5. Extent of Ordinance - (1) This Ordinance shall apply to every Ordinance or Bylaw constituting an offence against this Ordinance if it is done or made by any person in any part of the-Cook Islands.

(2) This Ordinance shall in no way limit the provisions of sections 263, 265, 266 and 268 of the Cook Islands Act 1915 in respect of any Ordinance or Bylaw constituting an offence against this Ordinance.

6. Penalty - (1) Any person who acts in contravention of the provisions of this Ordinance commits an offence and shall be liable to a fine not exceeding £100 or to imprisonment for a term not exceeding one year.

(2) Where an offence under this Ordinance committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary, or any other officer of the body corporate, or any person purporting to act in such capacity, he, as well as the body corporate shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

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