Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Gabon (Ratification: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative framework. In its previous comments, the Committee noted that Ordinance No. 4/2001 of 14 August 2001 introduced into the Penal Code a chapter on “the trafficking and exploitation of children” (sections 278bis-1 to 278bis-4). The Committee asked the Government to provide information on the extent of trafficking of adults in Gabon and to indicate the measures taken with a view both to preventing and suppressing such trafficking.

The Committee notes the Government’s indication that structures have been established to take effective action against the trafficking of children for exploitation. These include the “surveillance committees”, which comprise units responsible for handling complaints and for intervention and coordination. The units include social workers from the Ministry of Social Affairs, labour inspectors, magistrates and officers of the security forces. On the legislative level, the Government provides information on a series of existing legislative texts which are mainly concerned with combating the trafficking of children, especially Ordinance No. 4/2001 of 14 August 2001, referred to above, and Act No. 9/2004 of 21 September 2004 concerning the prevention and suppression of trafficking in children. Noting that the information supplied by the Government deals with the trafficking of children, the Committee therefore refers to its direct request relating to the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes that the United Nations Special Rapporteur on trafficking in persons undertook a mission to Gabon in May 2012. The Committee notes the preliminary conclusions of the Special Rapporteur’s mission, in which she remarks that although the Government has adopted a legislative framework to combat trafficking in children under 18 years of age (Act No. 09/2004 concerning the prevention and suppression of trafficking in children), the legislation does not cover victims of trafficking of all ages. Since Gabon is a destination and transit country for trafficking in persons, the Special Rapporteur urges the Government to take the necessary steps to strengthen its legislative framework in order to ensure better protection for victims of trafficking, regardless of their age.

In this regard, the Committee requests the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking of persons, regardless of its form or the age of the victims. The Government is also requested to provide information on the measures taken or contemplated to implement the recommendations of the United Nations Special Rapporteur on trafficking in persons.

2. Legal proceedings. In its previous comments the Committee noted section 252 of the Penal Code, which provides that “anyone who organizes or participates in the sale of persons, or who uses or receives a person as a guarantee, shall be liable to a prison term of five to ten years and a fine”. The Committee asked the Government to indicate whether the provisions of section 252 are sufficient to enable the authorities to prosecute those responsible for trafficking in persons and have them convicted.

The Committee notes the Government’s confirmation that section 252 of the Penal Code does not lay down specific provisions that make trafficking in persons an offence but that Ordinance No. 4/2001 of 14 August 2001 (introducing into the Penal Code a chapter on “the trafficking and exploitation of children”) has bridged this gap.

The Committee notes that, according to the Special Rapporteur, no cases of trafficking have so far been brought before the courts, which reinforces the situation of impunity regarding the perpetrators of trafficking.

Noting this information, the Committee expresses the firm hope that the Government, in the context of the next legislative reform, will take the necessary steps to ensure that the penalties incurred by the perpetrators of trafficking in persons are sufficiently effective and dissuasive. The Government is requested in the meantime to send copies of any court decisions already handed down in this area on the basis of section 252 of the Penal Code or any other provision of national law.

3. Protection of victims. The Committee notes the Special Rapporteur’s observation that although the Government has provided shelters for victims of trafficking, the premises are inadequate especially as children and adults (men and women) are all accommodated together. The Special Rapporteur also expresses her concern at the absence both of a specific visa programme to enable trafficking victims to remain legally in the country and of a programme to ensure the safe return and repatriation of victims, especially children. Noting this information, the Committee requests the Government to provide information on the steps taken to provide assistance and protection for the victims of trafficking and to facilitate their reintegration in society.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour provides that prison labour is compulsory for all prisoners convicted and imprisoned for ordinary law offences and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. It also noted that the study on the conformity of the national legislation with international labour standards, conducted in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), recommended that the abovementioned Act should be amended. In this context the Committee asked the Government to ensure that formal consent is obtained from prisoners placed at the disposal of private individuals, companies or associations and that the work they perform is covered by safeguards so that their working conditions approximate to those of a free employment relationship.

The Committee notes the Government’s indication that a new version of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour has already been drafted. The Government also refers to the Code of Criminal Procedure (Act No. 36/2010 of 25 November 2010), section 527 of which provides that persons held in pre-trial detention are not under any obligation to work, unless they explicitly request to do so, and that in any case they may not be employed outside the prison.

While noting this information, the Committee requests the Government to take all the necessary steps to amend the legislation establishing the rules on prison labour so that work done by convicted prisoners for private entities can only be performed with their formal, free and informed consent as well as under conditions approximating to those of a free employment relationship. The Government is also requested to send a copy of the Code of Criminal Procedure of 2010, as referred to in its report.