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Forced Labour Convention, 1930 (No. 29) - Guinea-Bissau (RATIFICATION: 1977)

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Previous comment

Articles 1 and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information provided by the Government on the activities carried out by the National Committee for the Prevention and Combating of Trafficking in Persons, as follows: support for the development of the National Strategic Plan for preventing trafficking in persons and protecting trafficking victims; training and capacity-building for the competent authorities to prevent and identify cases of trafficking in persons and analyse data on trafficking; strengthening border controls and criminal investigation capacities; supporting the establishment of an early warning system based on watchdog committees and NGOs in the regions. The Government indicates that the National Committee meets on a monthly basis to discuss matters connected with action against trafficking in persons and to find responses to cases of trafficking and sexual abuse of children. The trafficking cases detected in 2021 and 2022 only involved talibé children returning from Senegal (164 and 78, respectively), who received immediate assistance and benefited from reintegration measures. Moreover, with regard to investigations and procedures carried out pursuant to Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children, the Government indicates that two trafficking cases are under investigation but no judicial proceedings have been initiated and no court decision handed down.
The Committee also notes that the Government’s 2022 Voluntary National Review of implementation of the Sustainable Development Goals (2030 Agenda) indicates that although official data are limited, evidence and eyewitness reports from governmental and non-governmental stakeholders show that the country is severely affected by trafficking in persons, including trafficking of children for forced labour and sexual exploitation. As regards human trafficking practices, it appears that despite the adoption of anti-trafficking legislation in 2011, the country has limited investigation and application resources.
The Committee requests the Government to step up its efforts to combat trafficking in persons. It requests the Government in particular to take the necessary steps to ensure the adoption of the National Strategic Plan for preventing trafficking in persons and protecting trafficking victims so as to provide the country with an instrument that enables coordination of the actions of the competent authorities in the areas of prevention, victim protection and prosecution of cases of trafficking for both sexual and labour exploitation. The Committee requests the Government to provide information on this matter and in particular on the measures taken in these different areas by the National Committee for the Prevention and Combating of Trafficking in Persons. Lastly, the Committee requests the Government to build the capacities and increase the resources of the competent authorities with regard to identification, investigation and prosecution of cases of trafficking in persons and to provide information on the number of victims identified, investigations conducted, prosecutions initiated and convictions handed down. The Committee also refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. The Committee previously noted that Decree No. 12/2011 on the minimum rules for the treatment of prisoners provides that convicted persons shall have the right to educational and productive work which is paid and carried out under conditions similar to those established in the legislation applicable to free workers (section 52). With regard to the Committee’s request concerning the possibility for convicted prisoners to work for private entities, the Government indicates that there is no information which refers to this practice.

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Articles 1(1) and (2)(1) of the Convention. Trafficking in persons. Referring to its previous comments on the implementation of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children, the Committee notes the information provided by the Government on the measures taken to combat this phenomenon. The Government indicates that, in 2017, it conducted a training, information and awareness-raising campaign on the prevention of trafficking in persons, illegal migration and the smuggling of migrants. This campaign, promoted by the Institute for Women and Children (IMC), involved police authorities, the armed forces, the Ministry of Health, the General Directorate of Labour, Employment and Vocational Training, the National Committee for the Elimination of Traditional Practices Harmful to Women and Children (CNAPN), traditional leaders and civil society organizations. The Government also indicates that three legal proceedings for cases of trafficking in persons involving 11 child victims have been initiated, but are still ongoing. Regarding the difficulties reported by the Government regarding collaboration between the various bodies working to combat forced labour and trafficking in persons, including the courts, the Committee notes the Government’s indication that measures have been taken, such as the consolidation of the technical committee to combat trafficking and the formulation and adoption of a National Plan of Action. Furthermore, the Committee notes that, according to the report of the Secretary-General of 7 February 2019 on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, a high-level national dialogue on combating drug trafficking and transnational organized crime was launched through a conference that was held in Bissau on 28 and 29 November 2018 identifying the elements of a national strategy and strategic and operational recommendations for updating an operational plan on combating drug trafficking and transnational organized crime, including trafficking in persons (see S/2019/115, paragraph 66). The Committee requests the Government to continue to provide detailed information on the measures taken to ensure the training of state officials who are likely to come into contact with victims, including the labour inspectorate, and to guarantee better coordination between the relevant stakeholders to prevent, suppress and eliminate trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to continue to provide information on the application in practice of Act No. 12/2011, including the number of investigations conducted, prosecutions initiated and convictions handed down, the specific penalties applied, the number of victims and the nature of the assistance they receive. The Committee also requests the Government to provide information on the updated Plan of Action for combatting trafficking in persons, and to provide a copy.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies. In its report, the Government indicates that criminal law provides for the possibility of replacing the prison sentence with social work, if the prisoner consents. The Government also indicates that Decree No. 12/2011 approving the minimum rules for the treatment of prisoners allows for the possibility of prisoners doing paid work while they serve their sentences. The Government explains that, in both cases, the rules on occupational safety and health, occupational accidents or compensation for occupational injuries must apply under conditions similar to those laid down in the legislation applicable to free workers.
The Committee notes section 43 of the Penal Code under which the performance of social work in lieu of a prison sentence of less than one year may take place when, for crime prevention reasons, the offender expressly agrees to undertake social work. The Committee notes that section 47 of the Penal Code defines social work as the performance of work free of charge in a public body or in other designated entities of community interest.
In addition, with regard to work carried out while serving a prison sentence, the Committee takes note of Decree No. 12/2011, which provides that the work assigned to convicted prisoners according to their personal capacity and condition shall be remunerated and shall enable them to make reparation for the damage caused by the crime, to acquire objects for personal use, to assist their families, and to build up savings which shall be paid to them upon their release. Noting that the above-mentioned Decree does not provide any details on this subject, the Committee reiterates its request to the Government to indicate whether convicted prisoners may be required in practice to work for private entities while serving their sentences and, if so, how they give their consent to work for such entities, in addition to whether the work is carried out under the supervision or control of a public authority.

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The Committee notes with deep concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.
Repetition
Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes with interest that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:
  • – carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
  • – ensure training for public employees liable to be in contact with victims (section 31).
Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.
The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes with interest that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:
  • - carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
  • - ensure training for public employees liable to be in contact with victims (section 31).
Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.
The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:
  • – carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
  • – ensure training for public employees liable to be in contact with victims (section 31).
Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.
The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:
  • – carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
  • – ensure training for public employees liable to be in contact with victims (section 31).
Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.
Regarding its previous comments on the trafficking of children, the Committee refers the Government to its direct request of 2012 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), following the submission of the Government’s first report on the application of Convention No. 182.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.
The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes with interest that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:
  • -carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
  • -ensure training for public employees liable to be in contact with victims (section 31).
Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.
Regarding its previous comments on the trafficking of children, the Committee refers the Government to its direct request of 2012 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), following the submission of the Government’s first report on the application of Convention No. 182.
Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.
The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Articles 1(1) and 2(1). Trafficking in persons, and particularly children. The Committee notes that Guinea-Bissau is one of the beneficiary countries of the Assisted Voluntary Return Programme for Child Victims of Trafficking in the ECOWAS region, established by the International Organization for Migration. The Committee would be grateful if the Government would provide detailed information on the phenomenon of the trafficking of children in Guinea-Bissau towards neighbouring countries. In particular, it requests the Government to indicate the measures adopted or envisaged to combat trafficking, whether the victims are children or adults, and to specify the difficulties encountered by the public authorities in arresting and punishing those responsible for any removal of persons with a view to exploiting their labour or for their sexual exploitation.
Article 2(2)(c) of the Convention. Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the progress made towards the adoption of texts governing the prison system, and particularly prison labour, and on the conditions under which convicted persons may be required to perform work within and outside prisons. The Committee notes the Government’s indication in its report that no detainee is obliged to work, within or outside prison, and that in practice prisoners work to meet their personal needs. It also emphasizes that, as a result of the conflict, the prisons have been destroyed and that the construction of a high-security prison is planned. The Committee requests the Government to provide information on any progress achieved in this respect. It would also be grateful if the Government would provide information on any change that has occurred, in law or practice, with regard to prison labour: the adoption of a general text issuing regulations governing the prison system or internal rules for the future prison.

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The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Repetition
Articles 1(1) and 2(1). Trafficking in persons, and particularly children. The Committee notes that Guinea-Bissau is one of the beneficiary countries of the Assisted Voluntary Return Programme for Child Victims of Trafficking in the ECOWAS region, established by the International Organization for Migration. The Committee would be grateful if the Government would provide detailed information on the phenomenon of the trafficking of children in Guinea-Bissau towards neighbouring countries. In particular, it requests the Government to indicate the measures adopted or envisaged to combat trafficking, whether the victims are children or adults, and to specify the difficulties encountered by the public authorities in arresting and punishing those responsible for any removal of persons with a view to exploiting their labour or for their sexual exploitation.
Article 2(2)(c) of the Convention. Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the progress made towards the adoption of texts governing the prison system, and particularly prison labour, and on the conditions under which convicted persons may be required to perform work within and outside prisons. The Committee notes the Government’s indication in its report that no detainee is obliged to work, within or outside prison, and that in practice prisoners work to meet their personal needs. It also emphasizes that, as a result of the conflict, the prisons have been destroyed and that the construction of a high-security prison is planned. The Committee requests the Government to provide information on any progress achieved in this respect. It would also be grateful if the Government would provide information on any change that has occurred, in law or practice, with regard to prison labour: the adoption of a general text issuing regulations governing the prison system or internal rules for the future prison.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1). Trafficking in persons, and particularly children. The Committee notes that Guinea-Bissau is one of the beneficiary countries of the Assisted Voluntary Return Programme for Child Victims of Trafficking in the ECOWAS region, established by the International Organization for Migration. The Committee would be grateful if the Government would provide detailed information on the phenomenon of the trafficking of children in Guinea-Bissau towards neighbouring countries. In particular, it requests the Government to indicate the measures adopted or envisaged to combat trafficking, whether the victims are children or adults, and to specify the difficulties encountered by the public authorities in arresting and punishing those responsible for any removal of persons with a view to exploiting their labour or for their sexual exploitation.

Article 2(2)(c) of the Convention. Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the progress made towards the adoption of texts governing the prison system, and particularly prison labour, and on the conditions under which convicted persons may be required to perform work within and outside prisons. The Committee notes the Government’s indication in its report that no detainee is obliged to work, within or outside prison, and that in practice prisoners work to meet their personal needs. It also emphasizes that, as a result of the conflict, the prisons have been destroyed and that the construction of a high-security prison is planned. The Committee requests the Government to provide information on any progress achieved in this respect. It would also be grateful if the Government would provide information on any change that has occurred, in law or practice, with regard to prison labour: the adoption of a general text issuing regulations governing the prison system or internal rules for the future prison.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, subparagraph (c), of the Convention. Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the progress made towards the adoption of texts governing the prison system, and particularly prison labour, and on the conditions under which convicted persons may be required to perform work within and outside prisons. The Committee notes the Government’s indication in its report that no detainee is obliged to work, within or outside prison, and that in practice prisoners work to meet their personal needs. It also emphasizes that, as a result of the conflict, the prisons have been destroyed and that the construction of a high-security prison is planned. The Committee requests the Government to provide information on any progress achieved in this respect. It would also be grateful if the Government would provide information on any change that has occurred, in law or practice, with regard to prison labour: the adoption of a general text issuing regulations governing the prison system or internal rules for the future prison.

Articles 1 (paragraph 1), and 2 (paragraph 1). Trafficking in persons, and particularly children. The Committee notes that Guinea-Bissau is one of the beneficiary countries of the Assisted Voluntary Return Programme for Child Victims of Trafficking in the ECOWAS region, established by the International Organization for Migration. The Committee would be grateful if the Government would provide detailed information on the phenomenon of the trafficking of children in Guinea-Bissau towards neighbouring countries. In particular, it requests the Government to indicate the measures adopted or envisaged to combat trafficking, whether the victims are children or adults, and to specify the difficulties encountered by the public authorities in arresting and punishing those responsible for any removal of persons with a view to exploiting their labour or for their sexual exploitation.

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Article 2(2)(c) of the Convention. Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the progress made towards the adoption of texts governing the prison system, and particularly prison labour, and on the conditions under which convicted persons may be required to perform work within and outside prisons. The Committee notes the Government’s indication in its report that no detainee is obliged to work, within or outside prison, and that in practice prisoners work to meet their personal needs. It also emphasizes that, as a result of the conflict, the prisons have been destroyed and that the construction of a high-security prison is planned. The Committee requests the Government to provide information on any progress achieved in this respect. It would also be grateful if the Government would provide information on any change that has occurred, in law or practice, with regard to prison labour: the adoption of a general text issuing regulations governing the prison system or internal rules for the future prison.

Articles 1(1) and 2(1). Trafficking in persons, and particularly children. The Committee notes that Guinea-Bissau is one of the beneficiary countries of the Assisted Voluntary Return Programme for Child Victims of Trafficking in the ECOWAS region, established by the International Organization for Migration. The Committee would be grateful if the Government would provide detailed information on the phenomenon of the trafficking of children in Guinea-Bissau towards neighbouring countries. In particular, it requests the Government to indicate the measures adopted or envisaged to combat trafficking, whether the victims are children or adults, and to specify the difficulties encountered by the public authorities in arresting and punishing those responsible for any removal of persons with a view to exploiting their labour or for their sexual exploitation.

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Article 2, paragraph 2(c), of the Convention. Work or service exacted as a consequence of a conviction in a court of law. In response to the Committee’s previous comments on the adoption of the texts governing the prison system, the Government indicates that there has been no progress and that there are no laws or regulations on the subject. The Government nonetheless intends to embark on far-reaching reforms of the state apparatus. The Committee takes note of this information and requests the Government to continue to provide information on progress made towards the adoption of texts governing the prison system, and particularly prison labour. Meanwhile, it requests the Government to provide information on the conditions in which convicts may be required to perform work in or outside prisons and to specify whether such work may be carried out for private individuals, companies or associations.

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1. Article 1(1) and Article 2(1) and (2)(c) of the Convention. In its previous comments, the Committee noted that the prison system is organized on the basis of political orientations formulated by the Government. It also noted that the Ministry of Justice had submitted to the Council of Ministers a Bill on the penitentiary system, in which prison labour is dealt with in Chapter V, and requested the Government to provide a copy.

In its report in 2000, the Government indicated that it was not in a position to provide a copy of the above Bill as the files of the Ministry of Justice and Labour had been sacked following the armed conflict. The Government nevertheless sent a copy of the regulations with regard to rehabilitation centres. The Committee notes in this respect that, in its report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Government indicated that these regulations were only draft regulations for the rehabilitation centre in Brà and had never been approved by the Council of Ministers.

The Committee notes that in its report received in 2002, the Government does not provide information on the laws and regulations in force governing the prison system and no longer refers to the Bill on the penitentiary system. In view of the above circumstances, the Committee hopes that the Government will be in a position to indicate in its next report, the progress achieved with a view to the adoption of texts regulating the penitentiary system, and particularly prison work. Please provide copies of any laws or Bills on this subject.

2. The Committee notes the information provided by the Government in reply to its general observation of 2000.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: Article 1(1) and Article 2(1) and 2(c) of the Convention. 1. In its previous comments, the Committee noted that the prison system is said to be organized on the basis of political orientations formulated by the Government and requested the Government to supply copies of the texts that are in force relating to the prison system. The Committee notes from the Government's report that the Ministry of Justice submitted to the Council of Ministers a draft bill on the penitentiary regime in which prison labour is dealt with in Chapter V. The Government's report indicates also that prison labour is aimed at the vocational training of prisoners to help them in their future reinsertion into society. The Committee hopes that the Government will supply a copy of the draft bill under consideration by the Council of Ministers as soon as it is adopted. 2. The Committee notes that the Government has sent a copy of Decree No. 12-A-94 of 28 February 1994 respecting the conditions of service of employees in the public service in reply to its previous request. 3. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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Article 1(1) and Article 2(1) and 2(c) of the Convention. 1. In its previous comments, the Committee noted that the prison system is said to be organized on the basis of political orientations formulated by the Government and requested the Government to supply copies of the texts that are in force relating to the prison system. The Committee notes from the Government's report that the Ministry of Justice submitted to the Council of Ministers a draft bill on the penitentiary regime in which prison labour is dealt with in Chapter V. The Government's report indicates also that prison labour is aimed at the vocational training of prisoners to help them in their future reinsertion into society. The Committee hopes that the Government will supply a copy of the draft bill under consideration by the Council of Ministers as soon as it is adopted.

2. The Committee notes that the Government has sent a copy of Decree No. 12-A-94 of 28 February 1994 respecting the conditions of service of employees in the public service in reply to its previous request.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee requested the Government to provide information on any restrictions placed on the freedom of workers in the public service to terminate their employment.

The Committee noted the Government's indications in its report received in June 1995 that a new text respecting the conditions of service of employees in the public service has been approved which provides in section L51.2 for the termination of the employment relationship by agreement between the person concerned and the administration, through indemnification.

The Committee requests the Government to provide a copy of the text of Decree No. 12-A-94 of 28 February respecting the conditions of service of employees in the public service.

2. In its previous comments, the Committee requested the Government to supply copies of the texts that are in force relating to the prison system.

The Committee noted the Government's indications that the prison system is organized on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee once again hopes that the Government will supply copies in the near future of the provisions respecting prison labour.

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The Committee notes with regret that no report on the Convention has been received from the Government since 1989. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee requested the Government to supply the texts that are in force relating to the prison system.

The Committee noted the indications supplied by the Government to the effect that the prison system is organized on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee again expresses the hope that the Government will be able to transmit in the near future the new provisions adopted respecting prison labour.

2. In its previous comments, the Committee requested the Government to supply information concerning any restrictions placed on the freedom of workers to terminate their employment.

The Committee noted previously the information supplied by the Government on employees in the public service who, according to the Government's statement are able to resign without any restrictions. As regards workers in the private sector, the Government referred to Legislative Order No. 1874.

The Committee had noted that Legislative Order No. 1874 was repealed by Act No. 2/86 (General Labour Act), section 139 of which provides for the termination of the employment relationship at the worker's initiative following two months' notice.

With reference to employees in the public service, the Committee had noted that they are excluded from the scope of the General Labour Act (section 1(3)); the Committee again requests the Government to transmit the texts that are applicable to employees in the public service, particularly as regards the conditions for the termination of the employment relationship and restrictions on their freedom to terminate their employment.

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1. In its previous comments, the Committee requested the Government to provide information on any restrictions placed on the freedom of workers in the public service to terminate their employment.

The Committee notes the Government's indications in its report that a new text respecting the conditions of service of employees in the public service has been approved which provides in section L51.2 for the termination of the employment relationship by agreement between the person concerned and the administration, through indemnification.

The Committee requests the Government to provide a copy of the text of Decree No. 12-A-94 of 28 February respecting the conditions of service of employees in the public service.

2. In its previous comments, the Committee requested the Government to supply copies of the texts that are in force relating to the prison system.

The Committee noted the Government's indications that the prison system is organized on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee once again hopes that the Government will supply copies in the near future of the provisions respecting prison labour.

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The Committee notes with regret that the Government's report has not been received once again. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee requested the Government to supply the texts that are in force relating to the prison system.

The Committee noted the indications supplied by the Government to the effect that the prison system is organised on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee again expresses the hope that the Government will be able to transmit in the near future the new provisions adopted respecting prison labour.

2. In its previous comments, the Committee requested the Government to supply information concerning any restrictions placed on the freedom of workers to terminate their employment.

The Committee noted previously the information supplied by the Government on employees in the public service who, according to the Government's statement are able to resign without any restrictions. As regards workers in the private sector, the Government referred to Legislative Order No. 1874.

The Committee had noted that Legislative Order No. 1874 was repealed by Act No. 2/86 (General Labour Act), section 139 of which provides for the termination of the employment relationship at the worker's initiative following two months' notice.

With reference to employees in the public service, the Committee had noted that they are excluded from the scope of the General Labour Act (section 1(3)); the Committee again requests the Government to transmit the texts that are applicable to employees in the public service, particularly as regards the conditions for the termination of the employment relationship and restrictions on their freedom to terminate their employment.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee requested the Government to supply the texts that are in force relating to the prison system.

The Committee noted the indications supplied by the Government to the effect that the prison system is organised on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee again expresses the hope that the Government will be able to transmit in the near future the new provisions adopted respecting prison labour.

2. In its previous comments, the Committee requested the Government to supply information concerning any restrictions placed on the freedom of workers to terminate their employment.

The Committee noted previously the information supplied by the Government on employees in the public service who, according to the Government's statement are able to resign without any restrictions. As regards workers in the private sector, the Government referred to Legislative Order No. 1874.

The Committee noted that Legislative Order No. 1874 was repealed by Act No. 2/86 (General Labour Act), section 139 of which provides for the termination of the employment relationship at the worker's initiative following two months' notice.

With reference to employees in the public service, the Committee noted that they are excluded from the scope of the General Labour Act (section 1(3)); the Committee again requests the Government to transmit the texts that are applicable to employees in the public service, particularly as regards the conditions for the termination of the employment relationship and restrictions on their freedom to terminate their employment.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its previous comments, the Committee requested the Government to supply the texts that are in force relating to the prison system.

The Committee noted the indications supplied by the Government to the effect that the prison system is organised on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee again expresses the hope that the Government will be able to transmit in the near future the new provisions adopted respecting prison labour.

2. In its previous comments, the Committee requested the Government to supply information concerning any restrictions placed on the freedom of workers to terminate their employment.

The Committee noted previously the information supplied by the Government on employees in the public service who, according to the Government's statement are able to resign without any restrictions. As regards workers in the private sector, the Government referred to Legislative Order No. 1874.

The Committee noted that Legislative Order No. 1874 was repealed by Act No. 2/86 (General Labour Act), section 139 of which provides for the termination of the employment relationship at the worker's initiative following two months' notice.

With reference to employees in the public service, the Committee noted that they are excluded from the scope of the General Labour Act (section 1(3)); the Committee again requests the Government to transmit the texts that are applicable to employees in the public service, particularly as regards the conditions for the termination of the employment relationship and restrictions on their freedom to terminate their employment.

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1. In its previous comments, the Committee requested the Government to supply the texts that are in force relating to the prison system.

The Committee notes the indications supplied by the Government to the effect that the prison system is organised on the basis of political orientations formulated by the Government and that the Ministry of Justice is working on the formulation of a system of prison labour that is in conformity with the Convention.

The Committee hopes that the Government will be able to transmit in the near future the new provisions adopted respecting prison labour.

2. In its previous comments, the Committee requested the Government to supply information concerning any restrictions placed on the freedom of workers to terminate their employment.

The Committee noted previously the information supplied by the Government on employees in the public service who, according to the Government's statement are able to resign without any restrictions. As regards workers in the private sector, the Government referred to Legislative Order No. 1874.

The Committee notes that Legislative Order No. 1874 was repealed by Act No. 2/86 (General Labour Act), section 139 of which provides for the termination of the employment relationship at the worker's initiative following two months' notice.

With reference to employees in the public service, the Committee notes that they are excluded from the scope of the General Labour Act (section 1(3)); the Committee requests the Government to transmit the texts that are applicable to employees in the public service, particularly as regards the conditions for the termination of the employment relationship and restrictions on their freedom to terminate their employment.

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