Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. The Committee notes the observations dated 21 September 1993 made by the Trade Union Confederation of Gabon (CO.SY.GA.).

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that prison labour is compulsory for all convicts, under penalty of sanctions, under section 3 of Act No. 22/84 of 29 December 1984 to organize prison labour. Under section 4, this labour includes both inside and outside work and the hiring of prisoners to private individuals or associations is allowed for outside work, provided that prison labour does not compete with free labour. The Committee drew the Government's attention to the fact that that Article 2, paragraph 2(c), of the Convention prohibits convicts from being placed at the disposal of individuals, companies or associations.

The Committee also noted the comments of the Confederation of Free Trade Unions of Gabon (CGSL) alleging that detainees awaiting trial, for the most part clandestine immigrants, are subjected to occasional forced labour. The Committee noted the Government's statement that what the CGSL alleged was neither current practice nor occasional practice. According to the Government, certain prisoners, to earn savings, voluntarily accept small jobs in their trade (masonry, carpentry, etc.) for private individuals who request such work and pay them for it. The Government also indicated that the same principle of remuneration applies in cases of imprisonment for debt, which are rare and are defined in the Penal Code and the Code of Civil Procedure; in such cases the persons concerned have already been sentenced and are therefore no longer awaiting trial; this remuneration enables prisoners to repay their debts more easily. The Government also referred to the prohibition on forced labour contained in the Labour Code which is currently in force and in the draft new Labour Code.

With reference to paragraphs 89-96 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalled that prison labour falls outside the scope of the Convention only if it is imposed as a consequence of a conviction pronounced in a court of law; persons who are in detention but who have not been convicted must not be obliged to perform labour. In the case of prisoners who have been sentenced, only work carried out in conditions of a free employment relationship can be held not to be incompatible with the prohibition set out in Article 2, paragraph 2(c), of the Convention, which necessarily requires the formal consent of the person concerned and, in the light of the circumstances of that consent, guarantees and safeguards in respect of wages and social security that are such as to justify the labour relationship being regarded as a free one.

The Committee notes that in its communication the CO.SY.GA states that the safeguard of obtaining the formal consent of the persons concerned remains to be proven.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to guarantee that the formal consent of the person concerned is obtained for any work which is performed for private individuals or associations and to provide information on remuneration and social protection. The Committee also notes the Office's comments concerning the provisions relating to the prohibition of forced labour contained in the draft new Labour Code and hopes that the provisions which are adopted will be in accordance with the Convention on this point.