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Abolition of Forced Labour Convention, 1957 (No. 105) - Gabon (RATIFICATION: 1961)

Other comments on C105

Observation

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Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that, under section 556 of the Code of Criminal Procedure, persons sentenced to imprisonment for acts categorized as crimes or offences under common law are required to perform prison labour. Act No. 22/84 of 29 December 1984 on the prison labour system, stipulates, however, that political prisoners sentenced at the same time for related offences under common law are treated as common law prisoners and, under section 3 of Act No. 22/84, are required to work. In reply to the Committee’s request to amend this provision, the Government once again indicates in its report that a bill amending Act No. 22/84 on the prison labour system was sent to the competent bodies. The Government states that it will take into account the observations made by the Committee.

The Committee also previously noted that certain provisions of the Criminal Code of 1963 provided for prison sentences in circumstances falling under the scope of the Convention, and requested the Government to indicate whether these provisions were applied in practice and, if not, to clarify the status of prisoners sentenced under these provisions (political prisoners or common law prisoners). The Committee notes that these provisions are maintained in Act No. 042/2018 of 5 July 2019 on the Criminal Code, as amended. The provisions in question are:

sections 88 to 90 concerning propaganda intended to undermine public order, which provide for prison sentences of up to five years;
section 93 on the spreading of false news;
sections 158 to 161 concerning insulting behaviour towards officials in authority and officers of the law, which provide, in particular, for prison sentences of up to five years for insulting behaviour towards the President of the Republic;
section 212, which provides for prison sentences of up to two years for offences against public decency; and
sections 284 and 286, which provide for prison sentences of up to one year in the case of defamation and up to six months for cases of slander.

Noting the Government’s indication for several years that a bill to amend Act No. 22/84 of 29 December 1984 on the prison labour system is in the process of being adopted, the Committee requests the Government to take the necessary measures for the adoption of the Act, in order to ensure that political prisoners and prisoners of conscience sentenced at the same time for related offences under common law are not treated as common law prisoners and, thus, are not required to perform labour in prison. The Committee also once again requests the Government to provide information on the application in practice of the aforementioned sections of the Criminal Code, and to specify, where possible, the number and nature of the penalties imposed, the acts alleged, and the status of prisoners sentenced under these provisions (political prisoners or prisoners of conscience sentenced for offences under common law).