Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Guinée équatoriale (Ratification: 2001)

Autre commentaire sur C029

Demande directe

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The Committee notes with deep concern that the Government’s report has not been received since 2006. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee welcomes the adoption of Act No. 1/2004 on the illicit trafficking of persons and migrants, which in section criminalizes trafficking in persons and provides for a penalty of 10 to 15 years of lesser imprisonment (reclusión menor) and a fine, as well as specific penalties in the event of the criminal liability of legal persons (section 7). The Committee notes that section 13 of Act No. 1/2004 provides that the victims of trafficking in persons shall receive medical, psychological and social care, as well as advice and information on their rights, and that they shall also be ensured adequate accommodation, food, medical care, access to education, training and job opportunities. In relation to prevention, section 14 of the Act provides that the relevant institutions shall develop policies, plans and programmes with a view to prevention and assisting the victims of trafficking in persons, while section 19 provides for the creation of an Interinstitutional Committee to Combat Trafficking in Migrants, Trafficking in Persons and the Exploitation of Children, with responsibility for coordinating action in this respect. According to a press release issued on 5 April 2019 and available on the official website of the Ministry of Foreign Affairs, the Ministry submitted to Parliament a Plan of Action to Combat Trafficking in Persons focussing, among other areas, on the prevention and detection of trafficking, assistance to victims and the prosecution of traffickers. Finally, the Committee notes that, in its concluding observations in 2019, the United Nations Human Rights Committee expressed concern at the extent of trafficking in women and the insufficient efforts being made by the Government to combat forced labour, including the situation of women subjected to domestic servitude (CCPR/C/GNQ/CO/1, paragraph 42).

The Committee takes due note of the measures adopted by the Government with a view to preventing and combating trafficking in persons and encourages the Government to intensify its effects to detect and punish situations of trafficking in persons, particularly women, for both sexual and labour exploitation. The Committee requests the Government to provide information on the number of judicial procedures initiated and the judicial decisions handed down under section 3 of Act No. 1/2004 on the illicit trafficking of persons and migrants, with an indication of the penalties imposed on the perpetrators. The Committee also requests the Government to provide detailed information on the action taken by the Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children and the other actors concerned. Finally, the Committee requests the Government to indicate whether the Plan of Action to Combat Trafficking in Persons has been adopted and, if so, to indicate the measures adopted within the context of the Plan for prevention and the protection of victims.

Article 2(2)(a). Compulsory military service. The Committee notes that section 16(2) of the Fundamental Law of Equatorial Guinea provides that military service is compulsory and shall be regulated by law. The Committee requests the Government to indicate whether laws and regulations have been adopted regulating military service and to provide information on the duration of compulsory military service and the types of work required of conscripts, with an indication of whether these include types of work of a non-military nature.

Article 2(2)(b). Normal civic obligations. In its previous comments, the Committee noted section 3 of the General Labour Regulations, under the terms of which no one may be constrained to work, without prejudice to the social duty of persons to contribute through their own efforts to the performance of normal civic work. The Committee notes that section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations reaffirms this principle. The Committee therefore once again requests the Government to provide examples of the types of normal civic work that can be required from the population under section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations.

Article 2(2)(c). Prison work. The Committee notes that section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, provides that a penalty can be redeemed through work once the respective conviction is definitive in the case of prisoners convicted to sentences of detention and imprisonment with or without forced labour. The prisoner shall be awarded, in serving the penalty handed down, one day for each two days of work. The Committee requests the Government to indicate whether in practice there are prisoners who, under the terms of section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, are performing work to redeem their sentences. If so, the Committee requests the Government to specify whether such prisoners are performing work for private individuals or entities.

Article 2(2)(d). Work or service in cases of emergency. The Committee notes that, under the terms of section 11(2) of Act No. 4/2010 on prevention and civil protection in Equatorial Guinea, in cases of risk, catastrophe or public calamity, all residents in the national territory shall be required to perform the national services exacted by the competent authority without entitlement to payment for such service. The Committee recalls that, in cases of emergency, the duration and extent of compulsory labour or service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation (2012 General Survey on the fundamental Conventions, paragraph 280). The Committee therefore requests the Government to indicate whether, in practice, the residents of the territory of Equatorial Guinea have been called upon to perform national services under section 11(2) of Act No. 4/2010 on prevention and civil protection in Equatorial Guinea. If so, the Committee requests the Government to provide information on the nature of such services and the circumstances leading to their imposition.

Article 2(2)(e). Minor communal services. The Committee noted previously that section 3 of the General Labour Regulations (now section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations) provides that freedom of labour shall be subject to no restrictions other than minor communal services freely determined by the community. The Committee recalls that the exception envisaged in Article 2(2)(e) of the Convention in relation to the performance of minor communal services is subject to the following criteria: the services must be “minor services”, that is to say they relate primarily to maintenance work; they must be “communal services”, performed in the direct interest of the community, and not relate to the execution of works intended to benefit a wider group; and the “members of the community” (that is the community which has to perform the services) or their direct representatives must have the right to be consulted in regard to the need for such services (2012 General Survey on the fundamental Conventions, paragraph 281). The Committee requests the Government to indicate whether, in practice, communities have decided to organize the performance of minor communal services under the terms of section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations and, if so, it requests the Government to specify the nature of the services required and their duration.