Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee noted that article 16(1) and (2) of the Constitution of 1992 provides for the prohibition of slavery and forced labour. It also noted the establishment, under article 216 of the Constitution, of the Commission on Human Rights and Administrative Justice, which is empowered, inter alia, to investigate complaints of violations of fundamental rights and freedoms and to take appropriate action through such means as are fair, proper and effective, including bringing proceedings in a competent court for a remedy (article 218(b) and (d) of the Constitution). The Committee would be grateful if the Government would provide, in its next report, information on practical activities of that Commission concerning the protection of fundamental rights and freedoms, and in particular, the protection against the illegal exaction of forced or compulsory labour. Please describe the activities of the Commission and their results in regard to the Trokosi system, practised in some parts of the Volta Region, to which reference was made by the Commissioner for Human Rights and Administrative Justice (see the Daily Graphic of 25 and 26 May 1995), where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement for offences allegedly committed by their relatives. Please supply copies of the Commission's annual reports, to which reference is made in article 218(g) of the Constitution.

2. The Committee noted that section 124, paragraphs (2) and (4), of the Criminal Code, 1960 (as amended by section 4 of the Criminal Code (Amendment) Decree, 1969) provides that the whole or any part of any term of imprisonment imposed by the Court shall be spent in "productive hard labour", which means labour in any state farm or state factory or any other public cooperative or collective enterprise specified by the Minister. The Committee would be grateful if the Government would clarify, in its next report, the meaning of the term "collective enterprise", indicating, in particular, whether this means a state-owned enterprise or a private one. Please state what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations, as required by Article 2, paragraph 2(c), of the Convention.

3. The Committee noted that section 71 of the Civil Service Law, 1993, provides, inter alia, for the following possibilities for a civil servant to leave the service: voluntary retirement (paragraph (c)), resignation in accordance with such conditions as may be prescribed (paragraph (e)) and the expiry of a limited engagement (paragraph (f)). As regards voluntary retirement, section 73 of the Law stipulates that a person holding a civil service post otherwise than on a limited engagement may retire from the service at any time after he attains the age of 45 years. Please indicate conditions which may be prescribed for resignation under paragraph (e) of section 71 of the Civil Service Law, as well as the duration of limited engagements under paragraph (f) of the same section.