Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Guinée (Ratification: 1959)

Autre commentaire sur C029

Observation

2018

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously requested the Government to provide information on the activities carried out by the National Committee against Trafficking in Persons and Related Practices (CNLTPPA) to combat trafficking in persons and on the measures adopted to repress the crime of trafficking under the provisions of the Penal Code of 2016.

The Government indicates in its report that a plan of action has been adopted against trafficking in persons covering the period 2020–22, the implementation of which is entrusted to the CNLTPPA. The plan of action is composed of several strategic components, including: (i) the strengthening of prevention; (ii) the promotion of the identification, assistance and support for victims; (ii) the intensification of repressive measures; and (iv) the strengthening of cooperation and partnership. The Government refers to several actions undertaken by the CNLTPPA within this framework, including: (i) the formulation of a communication and community mobilization plan to combat trafficking; (ii) the promotion and strengthening of the assistance helpline 116; (iii) the training of magistrates, police officers and the judicial police in relation to trafficking in persons; (iv) the mapping of the actors responsible for the compilation of statistical data on trafficking in the country; and (v) discussions with a view to the rehabilitation of shelters for victims of trafficking.

The Government also refers to the formulation and revision of the standard operational procedures document on assistance for victims of trafficking, with a view to ensuring better coordination in the provision of assistance to victims. It specifies that up to now 155 victims of trafficking have been identified and have benefited from various types of assistance, including legal, psychosocial and food assistance with a view to their integration. The Committee notes in this regard that, according to the information on the website of the Ministry for the Promotion of Women, Children and Vulnerable Persons, a shelter for victims of trafficking has been rehabilitated and was inaugurated in November 2022.

The Government adds that the evaluation of the implementation of the plan of action will give rise to the formulation of a new plan of action, and also refers to the adoption of an advocacy action plan for the period 2018–22 with a view to preventing the trafficking of nationals of Guinea for forced labour abroad.

With regard to the repression of the crime of trafficking in persons, the Government indicates that so far only one investigation has been carried out into a potential case of trafficking in May 2022, and that there have been 26 convictions. Among the sentences handed down, six persons were sentenced to three months of imprisonment and a fine, while the 20 others were sentenced to suspended six-month prison sentences and a fine. In this regard, the Committee recalls, in light of the seriousness of the crime and the fact that penalties must be really dissuasive, that only a fine or a very short period of imprisonment, or a suspended prison sentence, are not effective penalties.

The Committee requests the Government to indicate the measures adopted to ensure the more effective identification of cases of trafficking in persons, with an indication of the number of victims who have been identified and who have benefited from protection and assistance measures. It requests the Government to take the necessary measures to ensure that cases of trafficking in persons give rise to robust investigations as a basis for judicial prosecutions and the imposition of sufficiently effective and dissuasive penalties against those who are found guilty. Please provide information on this subject and indicate the penalties imposed. Finally, the Committee requests the Government to provide information on the implementation of the strategic components of the plans of action referred to above, the evaluation carried out and the measures taken as a result of the evaluation to reinforce action to combat trafficking in persons for both sexual exploitation and labour exploitation.

Article 2(2)(c). 1. Prison labour made available to private individuals. In reply to the request made by the Committee, the Government indicates that it has attached to its report a copy of Decree No. 2016/309/PRG/SGG of 31 October 2016 determining the legal regime for prisons. Noting that no copy of the Decree was attached to the Government’s report, the Committee once again requests the Government to provide a copy of the Decree of 31 October 2016, and of any other text governing work by prisoners, so that it can examine whether the conditions under with prison labour is carried out are in conformity with the Convention.

2. Community service imposed as an alternative or supplementary penalty to a prison sentence. In response to the requests by the Committee relating to sentences of community service (sections 43, 144 and 146 of the Penal Code), the Government indicates that the types of work undertaken within the framework of such sentences are at the discretion of the courts. The Government adds that it does not at present have any examples of private entities that have been authorized to benefit from community service. The Committee recalls that, in order to be in conformity with the Convention, where a sentence of general community service imposed as an alternative to imprisonment can be performed for the benefit of a private entity, the work performed must really be of benefit to the community and the entities for which it is performed must not be profit-making. The Committee therefore requests the Government to indicate whether the courts have already imposed sentences of community service and, if so, to provide information on the private entities for which community service may have been carried out and examples of the types of work performed in this context.

Article 2(2)(d). Cases of emergency. Further to the Committee’s requests on the application in practice of sections 299 (incriminating the voluntary failure to take action to prevent a situation liable to give rise to danger to the safety of the public) and 983 (criminalizing the refusal or failure to respond to a requisition in the event of a disturbance of the public order, disaster or any other situation constituting a danger to the public) of the Penal Code, the Government indicates that there have been no convictions under these provisions, which have not been applied in practice. The Committee recalls that the power to mobilize labour may only be used for work or service that is strictly indispensable to combat an imminent danger which is a threat to the population, and requests the Government to continue providing information on any effect given in practice to sections 299 and 983 of the Penal Code.