Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 2(c), of the Convention. Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee had noted that, under section 3 of Act No. 22/84 of 29 of December 1984 establishing the rules respecting prison labour, such labour is compulsory for all prisoners detained for having violated common law. Prison labour includes work within and outside the prison. In the context of the latter, prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour (section 4). The conditions for the hiring of prisoners to private individuals are determined by section 10 of the Act. The rates for the hiring of prison labour are determined annually by order of the Minister of Territorial Administration. Prisoners who are hired to work for private individuals are granted a payment which is not a wage. Finally, employment accidents occurring to prisoners are notified and compensated, in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

The Committee had requested the Government to take the necessary measures to ensure that the prisoners placed at the disposal of private individuals, companies or associations should give their formal consent to the work carried out by these bodies; and that there should be certain guarantees covering this work, particularly as regards wages, so that it would approximate a free labour relationship.

The Committee notes that, in its last report, the Government reiterates its previous commitment to adapt the legislation to the requirements of the Convention while pointing out that, at present, prison labour is no longer practised following a Government ban on this type of work. In these circumstances, the Committee requests the Government to provide a copy of this decision or any other instructions sent to the prison administration. It would also like the Government to provide a copy of the new provisions regulating prison work, once they have been adopted. It hopes that, on this occasion, the Government will take account of the comments that it has been making for many years.

Article 1, paragraph 1, and Article 2, paragraph 1. Trafficking in persons. The Committee notes that the Government provided, in its last report, information on legislation adopted to combat the trafficking in children. The Committee also observes that Ordinance No. 4/2001 of 14 August 2001 introduced a chapter on “trafficking and exploitation of children” (sections 278bis-1 to 278bis-4) and a new section, under which “whoever organizes or participates in the trafficking in persons, or who receives such a person as a guarantee, shall be liable to imprisonment to five to ten years and a fine” (section 252). The Committee requests the Government to provide in its next report, information on the extent of the trafficking of adults for the purposes of their exploitation for work or for their sexual exploitation in Gabon. The Government is asked to indicate the measures it has taken in this respect, both from a preventive and punitive standpoint. Noting, moreover, that there are no specific provisions condemning the trafficking of persons, the Committee would like the Government to indicate whether the provisions of section 252 of the Penal Code are adequate to enable the authorities to bring those responsible for the trafficking of persons before the law and have them convicted. The Government is asked to provide a copy of any legal decisions that might have been handed down in this area on the basis of section 252 of the Penal Code, and any other provision under national legislation.