Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report. It also notes the observations submitted by the Confederation of Free Trade Unions of Gabon (CGSL) concerning the application of the Convention, and the Government's reply to them.

Article 2, paragraph 2(c), of the Convention. 1. In its communication, the CGSL alleges that detainees awaiting trial, for the most part clandestine immigrants, are being subjected to occasional forced labour.

The Committee notes the Government's statement that what the CGSL alleges is neither current practice nor occasional practice. According to the Government, certain prisoners, to earn savings, voluntarily accept to do small jobs in their trade (masonry, carpentry, etc.) for private individuals who request such work and pay them for it. The Government also indicates that the same principle of remuneration applies to cases of imprisonment for debt, which are rare and are defined in the Penal Code and the Code of Civil Procedure; in such cases the persons concerned have already been sentenced and are therefore no longer awaiting trial; this remuneration enables prisoners to repay their debts more easily. The Government also refers to the prohibition on forced labour as set out in the Labour Code now in force and in the draft new Labour Code.

The Committee refers to paragraphs 89 to 96 of its General Survey of 1979 on the abolition of forced labour, and recalls that prison labour falls outside the scope of the Convention only if it is imposed as a consequence of a conviction pronounced in a court of law; persons who are in detention but who have not been convicted must not be obliged to perform labour. Only work carried out in conditions of a free employment relationship can be held not to be incompatible with this prohibition, which necessarily requires the formal consent of the person concerned and, in the light of the circumstances of that consent, guarantees and safeguards in respect of wages and social security that are such as to justify the labour relationship being regarded as a free one.

The Committee asks the Government to indicate how the formal consent of the persons concerned is guaranteed and to supply a copy of all the relevant provisions, along with detailed information on remuneration and social security coverage.

2. In earlier comments, the Committee noted that section 3 of Act No. 22/84 of 29 December 1984 to organise prison labour, provides that prison labour is compulsory for all convicted persons and includes, by virtue of section 4, both inside and outside work; the hiring of prisoners to private individuals or associations is allowed for outside work provided that prison labour does not compete with free labour. The Committee drew attention to the fact that Article 2, paragraph 2(c), forbids prison labour to be hired or placed at the disposal of private individuals, companies or associations.

The Government indicated previously that the question of the provisions of section 4 being contrary to the Convention was still being examined and that it would report the measures taken to the Committee. The Committee notes that the Government's last report contained no information on the subject.

The Committee once again recalls that Article 2, paragraph 2(c), of the Convention expressly forbids persons from whom labour is exacted as a consequence of a conviction from being placed at the disposal of individuals, companies or associations. As the Committee states above, only work carried out in conditions of a free employment relationship can be held not to be incompatible with this prohibition. The Committee asks the Government to provide information on the measures adopted or under consideration to bring the legislation into conformity with the Convention on this point.