Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Ghana (Ratification: 1958)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. Over a number of years, the Committee has been referring to certain provisions of the legislation under which penal sanctions involving compulsory prison labour (pursuant to section 42 of the Prisons Service Decree) may be imposed in situations covered by Article 1(a) of the Convention, such sanctions being therefore incompatible with the Convention, namely:

-section 182A of the Criminal Code (prohibition of certain organizations);
-section 183A of the Criminal Code (publication of any matter insulting to the President);
-section 183(3)–(5) of the Criminal Code and section 21 of the Aliens Act, 1963 (seditious offences);
-section 183(2) of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973 (violations of legislation on publication and distribution of periodicals and licensing requirements for publishing); and
-sections 9(1)(a); (f) and (j); 9(2)(d) and (c), and 16(2)–(4) of the Public Tribunals Law, 1984

The Committee notes with interest the repeal of sections 182A; 183; 183A and 185 of the Criminal Code by the Amendment Act of 2001 (Criminal Libel and Seditious Libel Laws) (Act 602), as well as the Aliens Act, 1963 (Act 160) by the Immigration Act, 2000 (Act 573). The Committee further takes due note that section 120 of the Court Act, 1993 (Act 549) repeals the Public Tribunals Law, 1984 (PNDCL 78).

Legislation on the press and communications. The Committee requests the Government to indicate whether or not the Newspaper Licensing Decree of 1973 has been amended. If it has been amended, please provide a copy of the updated Decree.

Article 1(c). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 under which penal sanctions involving compulsory prison labour may be imposed on seafarers for disciplinary offences. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes note of the Merchant Shipping Act 645, of 2003. It observes that under section 168(1)(b) and (e) seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months.

Referring to its 2012 General Survey on the fundamental Conventions (paragraph 312), the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee therefore requests the Government to take the necessary measures to review the abovementioned sections of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour.

Article 1(d). Sanctions involving compulsory labour as punishment for having participated in strikes. Over a number of years, the Committee has been referring to section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes) under which penal sanctions involving compulsory prison labour may be imposed. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes due note of the Government’s indication that participating in a strike or certain strikes are not punishable by penal sanctions involving the exaction of compulsory labour. In this regard, the Committee notes that pursuant to the Labour Act, 2003, penalties of imprisonment may not be imposed for peaceful participation in strike action.