Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In the absence of a reply from the Government to its previous comments, the Committee once again requests it to provide information on the extent to which adults are trafficked in Gabon for the purposes of labour exploitation or sexual exploitation. Please indicate the measures taken by the Government in that regard with a view to both preventing and punishing such trafficking.

The Committee previously noted that section 252 of the Penal Code provides that “Anyone who organizes or participates in the trafficking 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” and that there are no specific provisions making human trafficking a criminal offence. The Committee requests the Government to indicate whether the provisions of section 252 of the Penal Code are sufficient to enable the authorities to prosecute those responsible for the trafficking in persons and have them convicted. Please provide a copy 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 the national legislation.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted the Government’s indication that, following a Government decision, prison labour was no longer practised in Gabon and requested the Government to provide a copy of that decision or any instructions issued to that end to the prisons authority. The Committee notes that, in its latest report, the Government no longer refers to that decision. It indicates that, in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), a study has been carried out on the conformity of the national legislation with the international labour standards and the proposals formulated in the study include the amendment of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour.

The Committee recalls that it previously noted that Act No. 22/84 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 requested 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 those of a free employment relationship. Noting that the abovementioned study was validated in July 2010, the Committee requests the Government to indicate whether it intends to implement the proposal to amend the legislation on prison labour. If applicable, the Committee hopes that the Government will take into account the comments that it has been making for many years so that, if the possibility of placing prisoners at the disposal of private individuals, companies or associations is maintained, the formal consent of the prisoners is obtained and the legislation provides for safeguards, particularly as regards wages, so that their working conditions approximate those of a free employment relationship.