Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1(1) and 2(1), of the Convention. Trafficking in persons. 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) and a new section under which “whoever organizes or participates in the trafficking of persons, or uses or receives a person as a guarantee, shall be liable to a prison term of from five to ten years and a fine” (section 252). The Committee requests the Government in its next report to provide information showing the extent to which adults are trafficked in Gabon for the purposes of sexual exploitation or labour exploitation. Please indicate the measures taken by the Government in this regard with a view both to prevent and punish such trafficking. Noting that there are no specific provisions making human trafficking a criminal offence, the Committee requests the Government to state whether the provisions of section 252 of the Penal Code suffice to enable the authorities to prosecute those responsible for the trafficking of persons (both children and adults) and have them convicted. Please provide 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 in the national legislation.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. Pursuant to section 3 of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, such labour is compulsory for all prisoners convicted and imprisoned for ordinary law offences. Prison labour includes work both in 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. Lastly, employment accidents occurring to prisoners are notified and compensated in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

In its previous comments the Committee requested the Government to take the necessary steps 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, particularly as regards wages, so that their working conditions approximate those of a free employment relationship. The Government has on several occasions undertaken to adapt the law to the requirements of the Convention. It confirms in its last report that following a decision of the Government, prison labour is no longer practised in Gabon. In these circumstances, the Committee requests the Government to send a copy of the abovementioned decision or of any instructions for the same purpose issued to the prisons authority. It requests the Government to send a copy of the new provisions governing prison labour as soon as they have been adopted. It hopes that these provisions will take account of the comments the Committee has been making for many years.