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Forced Labour Convention, 1930 (No. 29) - Gabon (RATIFICATION: 1960)

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Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to the Government’s previous indications concerning: (i) a bill on human trafficking, including measures to protect and assist trafficking victims; and (ii) the revision of the Penal Code with a view to incorporating criminal penalties against perpetrators of trafficking, the Committee notes the adoption of the Penal Code in 2019 (Act No. 042/2018 of 5 July 2019), as amended by Act No. 006/2020 of 30 June 2020. The Committee welcomes the fact that sections 225 to 225-7 of the Penal Code criminalize trafficking in persons, particularly for labour and sexual exploitation, and provide for prison sentences of up to seven years for perpetrators of trafficking involving adult victims, and heavier sentences in the case of aggravating circumstances. The Committee notes that, in its report of 28 October 2022 submitted to the United Nations Human Rights Council in the context of the Universal Periodic Review, the Government refers to: (i) specialized units under the court of first instance and the appeal court in Libreville to address specific offences such as human trafficking; (ii) the preparation of a bill to create a national commission to prevent and combat human trafficking; and (iii) the development of a national plan to combat human trafficking (A/HRC/WG.6/42/GAB/1).

The Committee also notes that, in its concluding observations of 1 March 2022, the United Nations Committee on the Elimination of Discrimination against Women expressed concern at the fact that Gabon continues to be a country of transit and destination for trafficked women and girls, particularly migrant women and girls (CEDAW/C/GAB/CO/7).

The Committee encourages the Government to continue its efforts to combat trafficking in persons and hopes that it will take the necessary measures with a view to adopting and implementing the national plan to combat trafficking in persons, and to establishing the national commission to prevent and combat trafficking in persons. The Committee also requests the Government to provide information on the measures taken to build the capacity of law enforcement bodies to identify cases of trafficking and to prosecute and penalize perpetrators. The Committee requests the Government to provide statistical information on the investigations conducted, prosecutions initiated, and the convictions handed down and penalties applied under sections 225 to 225-7 of the Penal Code. Lastly, the Committee requests the Government to provide information on the measures taken to protect and assist victims of trafficking.

Article 2(2)(c). 1. Prison labour. Prisoners hired to private enterprises or individuals. The Committee previously noted Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, which provides that prisoners may be hired to private persons or entities, and Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons, which provides that prisoners whose labour has been hired shall sign a certificate of engagement and receive pay at 50 per cent of the rate for free labour. The Government indicates that it has taken steps to provide the Committee with a copy of the certificate of engagement signed by the prisoner and the prison director. The Committee hopes that the Government will provide a copy of the certificate of engagement, and once again requests it to provide information on the number of prisoners who work for private entities and the conditions under which their work is performed.

2. Exceptions to forced labour. The Committee notes that the provisions of section 4 of the new Labour Code, adopted by Act No. 022/2021 of 19 November 2021, set out, among the exceptions to forced labour, any work or service exacted from any person in the context of prison labour or in compliance with a decision handed down by a judicial authority, on the condition that the work or service be carried out under the supervision and control of the public authorities, and for the benefit of the community. The Committee therefore requests the Government to specify whether the legislative provisions regulating “prison labour” establish the obligation to perform work on prisoners awaiting a judgment.