Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. In its previous comments, the Committee noted that the Government had adopted a legislative framework for combating the trafficking in children under 18 years of age (Act No. 9/2004 concerning the prevention and suppression of the trafficking of children), but that the legislation does not cover victims of trafficking of all ages. The Committee asked the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking in persons, regardless of its form or the age of the victims. The Committee also asked the Government to take the necessary measures to ensure that penalties for the perpetrators of trafficking constitute an effective deterrent. Lastly, the Committee asked the Government to provide information on the measures taken to provide assistance and protection for trafficking victims.

The Committee notes the Government’s indication that a bill concerning the implementation of United Nations requirements regarding the trafficking in persons is being drawn up and will soon be referred to Parliament. The Government also indicates that, in the context of the revision of the Penal Code, a new team has been established to ensure that the revision incorporates criminal penalties against the perpetrators of trafficking in persons and that these penalties constitute an effective deterrent. As regards the measures for providing assistance and protection for the victims of trafficking, these have been taken into consideration in the abovementioned bill. The Committee encourages the Government to continue its efforts to ensure the adoption of the bill or trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that adequate penalties for the perpetrators of trafficking are established, either in the bill against trafficking or in the draft amendments to the Penal Code. Finally, the Committee requests the Government to provide information on the measures taken to protect and assist victims of trafficking.

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 persons 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. The Committee requested 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 and also under conditions approximating those of a free employment relationship.

The Committee notes with interest Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons. The Committee notes, in particular, that under sections 11 and 12 of the regulations, prisoners whose labour has been hired sign a certificate of engagement with the prison director, describing the job concerned, amount of pay, conditions and hours of work, tasks to be performed, and also the portion of the social security contribution to be paid. Prisoners receive pay at 50 per cent of the rate for free labour. The Committee requests the Government to provide information on the application in practice of sections 11 and 12 of the internal regulations for prisons, particularly the number of prisoners who work for private entities and the nature of, and the conditions under which, the work is performed. The Committee requests the Government to send a copy of the certificate of engagement signed by the prisoner and the prison director.