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

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Previous comment

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.

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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), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the Government had adopted a legislative framework for combating the trafficking in children under 18 years of age (Act No. 9/2004 concerning the prevention and suppression of the trafficking of children), but that the legislation does not cover victims of trafficking of all ages. The Committee asked the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking in persons, regardless of its form or the age of the victims. The Committee also asked the Government to take the necessary measures to ensure that penalties for the perpetrators of trafficking constitute an effective deterrent. Lastly, the Committee asked the Government to provide information on the measures taken to provide assistance and protection for trafficking victims. The Committee notes the Government’s indication that a bill concerning the implementation of United Nations requirements regarding the trafficking in persons is being drawn up and will soon be referred to Parliament. The Government also indicates that, in the context of the revision of the Penal Code, a new team has been established to ensure that the revision incorporates criminal penalties against the perpetrators of trafficking in persons and that these penalties constitute an effective deterrent. As regards the measures for providing assistance and protection for the victims of trafficking, these have been taken into consideration in the abovementioned bill.The Committee encourages the Government to continue its efforts to ensure the adoption of the bill or trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that adequate penalties for the perpetrators of trafficking are established, either in the bill against trafficking or in the draft amendments to the Penal Code. Finally, the Committee requests the Government to provide information on the measures taken to protect and assist victims of trafficking.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour provides that prison labour is compulsory for all persons convicted and imprisoned for ordinary law offences, and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. The Committee requested the Government to take all the necessary steps to amend the legislation establishing the rules on prison labour so that work done by convicted prisoners for private entities can only be performed with their formal, free and informed consent and also under conditions approximating those of a free employment relationship.

The Committee notes with interest Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons. The Committee notes, in particular, that under sections 11 and 12 of the regulations, prisoners whose labour has been hired sign a certificate of engagement with the prison director, describing the job concerned, amount of pay, conditions and hours of work, tasks to be performed, and also the portion of the social security contribution to be paid. Prisoners receive pay at 50 per cent of the rate for free labour.The Committee requests the Government to provide information on the application in practice of sections 11 and 12 of the internal regulations for prisons, particularly the number of prisoners who work for private entities and the nature of, and the conditions under which, the work is performed. The Committee requests the Government to send a copy of the certificate of engagement signed by the prisoner and the prison director.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the Government had adopted a legislative framework for combating the trafficking in children under 18 years of age (Act No. 9/2004 concerning the prevention and suppression of the trafficking of children), but that the legislation does not cover victims of trafficking of all ages. The Committee asked the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking in persons, regardless of its form or the age of the victims. The Committee also asked the Government to take the necessary measures to ensure that penalties for the perpetrators of trafficking constitute an effective deterrent. Lastly, the Committee asked the Government to provide information on the measures taken to provide assistance and protection for trafficking victims.

The Committee notes the Government’s indication that a bill concerning the implementation of United Nations requirements regarding the trafficking in persons is being drawn up and will soon be referred to Parliament. The Government also indicates that, in the context of the revision of the Penal Code, a new team has been established to ensure that the revision incorporates criminal penalties against the perpetrators of trafficking in persons and that these penalties constitute an effective deterrent. As regards the measures for providing assistance and protection for the victims of trafficking, these have been taken into consideration in the abovementioned bill. The Committee encourages the Government to continue its efforts to ensure the adoption of the bill or trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that adequate penalties for the perpetrators of trafficking are established, either in the bill against trafficking or in the draft amendments to the Penal Code. Finally, the Committee requests the Government to provide information on the measures taken to protect and assist victims of trafficking.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour provides that prison labour is compulsory for all persons convicted and imprisoned for ordinary law offences, and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. The Committee requested the Government to take all the necessary steps to amend the legislation establishing the rules on prison labour so that work done by convicted prisoners for private entities can only be performed with their formal, free and informed consent and also under conditions approximating those of a free employment relationship.

The Committee notes with interest Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons. The Committee notes, in particular, that under sections 11 and 12 of the regulations, prisoners whose labour has been hired sign a certificate of engagement with the prison director, describing the job concerned, amount of pay, conditions and hours of work, tasks to be performed, and also the portion of the social security contribution to be paid. Prisoners receive pay at 50 per cent of the rate for free labour. The Committee requests the Government to provide information on the application in practice of sections 11 and 12 of the internal regulations for prisons, particularly the number of prisoners who work for private entities and the nature of, and the conditions under which, the work is performed. The Committee requests the Government to send a copy of the certificate of engagement signed by the prisoner and the prison director.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the Government had adopted a legislative framework for combating the trafficking in children under 18 years of age (Act No. 9/2004 concerning the prevention and suppression of the trafficking of children), but that the legislation does not cover victims of trafficking of all ages. The Committee asked the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking in persons, regardless of its form or the age of the victims. The Committee also asked the Government to take the necessary measures to ensure that penalties for the perpetrators of trafficking constitute an effective deterrent. Lastly, the Committee asked the Government to provide information on the measures taken to provide assistance and protection for trafficking victims.

The Committee notes the Government’s indication that a bill concerning the implementation of United Nations requirements regarding the trafficking in persons is being drawn up and will soon be referred to Parliament. The Government also indicates that, in the context of the revision of the Penal Code, a new team has been established to ensure that the revision incorporates criminal penalties against the perpetrators of trafficking in persons and that these penalties constitute an effective deterrent. As regards the measures for providing assistance and protection for the victims of trafficking, these have been taken into consideration in the abovementioned bill. The Committee encourages the Government to continue its efforts to ensure the adoption of the bill or trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that adequate penalties for the perpetrators of trafficking are established, either in the bill against trafficking or in the draft amendments to the Penal Code. Finally, the Committee requests the Government to provide information on the measures taken to protect and assist victims of trafficking.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour provides that prison labour is compulsory for all persons convicted and imprisoned for ordinary law offences, and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. The Committee requested the Government to take all the necessary steps to amend the legislation establishing the rules on prison labour so that work done by convicted prisoners for private entities can only be performed with their formal, free and informed consent and also under conditions approximating those of a free employment relationship.

The Committee notes with interest Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons. The Committee notes, in particular, that under sections 11 and 12 of the regulations, prisoners whose labour has been hired sign a certificate of engagement with the prison director, describing the job concerned, amount of pay, conditions and hours of work, tasks to be performed, and also the portion of the social security contribution to be paid. Prisoners receive pay at 50 per cent of the rate for free labour. The Committee requests the Government to provide information on the application in practice of sections 11 and 12 of the internal regulations for prisons, particularly the number of prisoners who work for private entities and the nature of, and the conditions under which, the work is performed. The Committee requests the Government to send a copy of the certificate of engagement signed by the prisoner and the prison director.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative framework. In its previous comments, the Committee noted that Ordinance No. 4/2001 of 14 August 2001 introduced into the Penal Code a chapter on “the trafficking and exploitation of children” (sections 278bis-1 to 278bis-4). The Committee asked the Government to provide information on the extent of trafficking of adults in Gabon and to indicate the measures taken with a view both to preventing and suppressing such trafficking.

The Committee notes the Government’s indication that structures have been established to take effective action against the trafficking of children for exploitation. These include the “surveillance committees”, which comprise units responsible for handling complaints and for intervention and coordination. The units include social workers from the Ministry of Social Affairs, labour inspectors, magistrates and officers of the security forces. On the legislative level, the Government provides information on a series of existing legislative texts which are mainly concerned with combating the trafficking of children, especially Ordinance No. 4/2001 of 14 August 2001, referred to above, and Act No. 9/2004 of 21 September 2004 concerning the prevention and suppression of trafficking in children. Noting that the information supplied by the Government deals with the trafficking of children, the Committee therefore refers to its direct request relating to the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes that the United Nations Special Rapporteur on trafficking in persons undertook a mission to Gabon in May 2012. The Committee notes the preliminary conclusions of the Special Rapporteur’s mission, in which she remarks that although the Government has adopted a legislative framework to combat trafficking in children under 18 years of age (Act No. 09/2004 concerning the prevention and suppression of trafficking in children), the legislation does not cover victims of trafficking of all ages. Since Gabon is a destination and transit country for trafficking in persons, the Special Rapporteur urges the Government to take the necessary steps to strengthen its legislative framework in order to ensure better protection for victims of trafficking, regardless of their age.

In this regard, the Committee requests the Government to indicate the measures taken in both law and practice to prevent, suppress and punish the trafficking of persons, regardless of its form or the age of the victims. The Government is also requested to provide information on the measures taken or contemplated to implement the recommendations of the United Nations Special Rapporteur on trafficking in persons.

2. Legal proceedings. In its previous comments the Committee noted section 252 of the Penal Code, which provides that “anyone who organizes or participates in the sale of persons, or who uses or receives a person as a guarantee, shall be liable to a prison term of five to ten years and a fine”. The Committee asked the Government to indicate whether the provisions of section 252 are sufficient to enable the authorities to prosecute those responsible for trafficking in persons and have them convicted.

The Committee notes the Government’s confirmation that section 252 of the Penal Code does not lay down specific provisions that make trafficking in persons an offence but that Ordinance No. 4/2001 of 14 August 2001 (introducing into the Penal Code a chapter on “the trafficking and exploitation of children”) has bridged this gap.

The Committee notes that, according to the Special Rapporteur, no cases of trafficking have so far been brought before the courts, which reinforces the situation of impunity regarding the perpetrators of trafficking.

Noting this information, the Committee expresses the firm hope that the Government, in the context of the next legislative reform, will take the necessary steps to ensure that the penalties incurred by the perpetrators of trafficking in persons are sufficiently effective and dissuasive. The Government is requested in the meantime to send copies of any court decisions already handed down in this area on the basis of section 252 of the Penal Code or any other provision of national law.

3. Protection of victims. The Committee notes the Special Rapporteur’s observation that although the Government has provided shelters for victims of trafficking, the premises are inadequate especially as children and adults (men and women) are all accommodated together. The Special Rapporteur also expresses her concern at the absence both of a specific visa programme to enable trafficking victims to remain legally in the country and of a programme to ensure the safe return and repatriation of victims, especially children. Noting this information, the Committee requests the Government to provide information on the steps taken to provide assistance and protection for the victims of trafficking and to facilitate their reintegration in society.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour provides that prison labour is compulsory for all prisoners convicted and imprisoned for ordinary law offences and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. It also noted that the study on the conformity of the national legislation with international labour standards, conducted in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), recommended that the abovementioned Act should be amended. In this context the Committee asked the Government to ensure that formal consent is obtained from prisoners placed at the disposal of private individuals, companies or associations and that the work they perform is covered by safeguards so that their working conditions approximate to those of a free employment relationship.

The Committee notes the Government’s indication that a new version of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour has already been drafted. The Government also refers to the Code of Criminal Procedure (Act No. 36/2010 of 25 November 2010), section 527 of which provides that persons held in pre-trial detention are not under any obligation to work, unless they explicitly request to do so, and that in any case they may not be employed outside the prison.

While noting this information, the Committee requests the Government to take all the necessary steps to amend the legislation establishing the rules on prison labour so that work done by convicted prisoners for private entities can only be performed with their formal, free and informed consent as well as under conditions approximating to those of a free employment relationship. The Government is also requested to send a copy of the Code of Criminal Procedure of 2010, as referred to in its report.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In the absence of a reply from the Government to its previous comments, the Committee once again requests it to provide information on the extent to which adults are trafficked in Gabon for the purposes of labour exploitation or sexual exploitation. Please indicate the measures taken by the Government in that regard with a view to both preventing and punishing such trafficking.

The Committee previously noted that section 252 of the Penal Code provides that “Anyone who organizes or participates in the trafficking of persons or who uses or receives a person as a guarantee, shall be liable to a prison term of five to ten years and a fine” and that there are no specific provisions making human trafficking a criminal offence. The Committee requests the Government to indicate whether the provisions of section 252 of the Penal Code are sufficient to enable the authorities to prosecute those responsible for the trafficking in persons and have them convicted. Please provide a copy of any court decisions already handed down in this area on the basis of section 252 of the Penal Code or any other provision of the national legislation.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted the Government’s indication that, following a Government decision, prison labour was no longer practised in Gabon and requested the Government to provide a copy of that decision or any instructions issued to that end to the prisons authority. The Committee notes that, in its latest report, the Government no longer refers to that decision. It indicates that, in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), a study has been carried out on the conformity of the national legislation with the international labour standards and the proposals formulated in the study include the amendment of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour.

The Committee recalls that it previously noted that Act No. 22/84 provides that prison labour is compulsory for all prisoners convicted and imprisoned for ordinary law offences and that prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour. It requested the Government to ensure that formal consent is obtained from prisoners placed at the disposal of private individuals, companies or associations and that the work they perform is covered by safeguards so that their working conditions approximate those of a free employment relationship. Noting that the abovementioned study was validated in July 2010, the Committee requests the Government to indicate whether it intends to implement the proposal to amend the legislation on prison labour. If applicable, the Committee hopes that the Government will take into account the comments that it has been making for many years so that, if the possibility of placing prisoners at the disposal of private individuals, companies or associations is maintained, the formal consent of the prisoners is obtained and the legislation provides for safeguards, particularly as regards wages, so that their working conditions approximate those of a free employment relationship.

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Articles 1(1) and 2(1), of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Ordinance No. 4/2001 of 14 August 2001 introduced into the Penal Code a chapter on “the trafficking and exploitation of children” (sections 278bis-1 to 278bis-4) and a new section under which “whoever organizes or participates in the trafficking of persons, or uses or receives a person as a guarantee, shall be liable to a prison term of from five to ten years and a fine” (section 252). The Committee requests the Government in its next report to provide information showing the extent to which adults are trafficked in Gabon for the purposes of sexual exploitation or labour exploitation. Please indicate the measures taken by the Government in this regard with a view both to prevent and punish such trafficking. Noting that there are no specific provisions making human trafficking a criminal offence, the Committee requests the Government to state whether the provisions of section 252 of the Penal Code suffice to enable the authorities to prosecute those responsible for the trafficking of persons (both children and adults) and have them convicted. Please provide copies of any court decisions already handed down in this area on the basis of section 252 of the Penal Code or any other provision in the national legislation.

Article 2(2)(c). Prison labour. Prisoners hired to private enterprises or individuals. Pursuant to section 3 of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, such labour is compulsory for all prisoners convicted and imprisoned for ordinary law offences. Prison labour includes work both in and outside the prison. In the context of the latter, prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour (section 4). The conditions for the hiring of prisoners to private individuals are determined by section 10 of the Act. The rates for the hiring of prison labour are determined annually by order of the Minister of Territorial Administration. Prisoners who are hired to work for private individuals are granted a payment which is not a wage. Lastly, employment accidents occurring to prisoners are notified and compensated in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

In its previous comments the Committee requested the Government to take the necessary steps to ensure that formal consent is obtained from prisoners placed at the disposal of private individuals, companies or associations, and that the work they perform is covered by safeguards, particularly as regards wages, so that their working conditions approximate those of a free employment relationship. The Government has on several occasions undertaken to adapt the law to the requirements of the Convention. It confirms in its last report that following a decision of the Government, prison labour is no longer practised in Gabon. In these circumstances, the Committee requests the Government to send a copy of the abovementioned decision or of any instructions for the same purpose issued to the prisons authority. It requests the Government to send a copy of the new provisions governing prison labour as soon as they have been adopted. It hopes that these provisions will take account of the comments the Committee has been making for many years.

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Article 2, paragraph 2(c), of the Convention. Prison labour. Prisoners hired to private enterprises or individuals. In its previous comments, the Committee had noted that, under section 3 of Act No. 22/84 of 29 of December 1984 establishing the rules respecting prison labour, such labour is compulsory for all prisoners detained for having violated common law. Prison labour includes work within and outside the prison. In the context of the latter, prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour (section 4). The conditions for the hiring of prisoners to private individuals are determined by section 10 of the Act. The rates for the hiring of prison labour are determined annually by order of the Minister of Territorial Administration. Prisoners who are hired to work for private individuals are granted a payment which is not a wage. Finally, employment accidents occurring to prisoners are notified and compensated, in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

The Committee had requested the Government to take the necessary measures to ensure that the prisoners placed at the disposal of private individuals, companies or associations should give their formal consent to the work carried out by these bodies; and that there should be certain guarantees covering this work, particularly as regards wages, so that it would approximate a free labour relationship.

The Committee notes that, in its last report, the Government reiterates its previous commitment to adapt the legislation to the requirements of the Convention while pointing out that, at present, prison labour is no longer practised following a Government ban on this type of work. In these circumstances, the Committee requests the Government to provide a copy of this decision or any other instructions sent to the prison administration. It would also like the Government to provide a copy of the new provisions regulating prison work, once they have been adopted. It hopes that, on this occasion, the Government will take account of the comments that it has been making for many years.

Article 1, paragraph 1, and Article 2, paragraph 1. Trafficking in persons. The Committee notes that the Government provided, in its last report, information on legislation adopted to combat the trafficking in children. The Committee also observes that Ordinance No. 4/2001 of 14 August 2001 introduced a chapter on “trafficking and exploitation of children” (sections 278bis-1 to 278bis-4) and a new section, under which “whoever organizes or participates in the trafficking in persons, or who receives such a person as a guarantee, shall be liable to imprisonment to five to ten years and a fine” (section 252). The Committee requests the Government to provide in its next report, information on the extent of the trafficking of adults for the purposes of their exploitation for work or for their sexual exploitation in Gabon. The Government is asked to indicate the measures it has taken in this respect, both from a preventive and punitive standpoint. Noting, moreover, that there are no specific provisions condemning the trafficking of persons, the Committee would like the Government to indicate whether the provisions of section 252 of the Penal Code are adequate to enable the authorities to bring those responsible for the trafficking of persons before the law and have them convicted. The Government is asked to provide a copy of any legal decisions that might have been handed down in this area on the basis of section 252 of the Penal Code, and any other provision under national legislation.

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The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters.

Article 2, paragraph 2(c), of the Convention. Prison labour: prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that, under section 3 of Act No. 22/84 of 29 December 1984 establishing the rules respecting prison labour, such labour is compulsory for all convicts, subject to penalties. Prison labour includes work within and outside the prison. In the context of the latter, prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour (section 4). The conditions for the hiring of prisoners to private individuals are determined by section 10 of the Act. The rates for the hiring of prison labour are determined annually by order of the Minister of Territorial Administration. Prisoners who are hired to work for private individuals are granted a payment which is not a wage. Finally, employment accidents occurring to prisoners are notified and compensated, in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

In this respect, the Committee drew the Government's attention to the provisions of Article 2, paragraph 2(c), of the Convention, under which prisoners may not be hired or placed at the disposal of private individuals, companies or associations. The Committee has, however, considered that prison labour performed for private companies under conditions approximating those of a free employment relationship may be compatible with the Convention. This necessarily requires the voluntary consent of the prisoner. It is also necessary to ensure certain other guarantees and safeguards covering the essential elements of an employment relationship, such as the existence of an employment contract, the application of labour legislation, the payment of a wage and social security coverage. The Committee considered previously that work performed under the terms of Act No. 22/84 in the context of the hiring of prison labour does not approximate a free labour relationship.

In its report, the Government indicates that it has noted the Committee’s observation and the conditions which must be fulfilled for prison labour to be hired to private individuals and that it undertakes to adopt all the necessary measures to adapt the law to the requirements of the Convention. The Committee notes this commitment and trusts, taking into account the number of years for which it has been making these comments, that the Government will now take action expeditiously to give effect to this undertaking. The Committee would also be grateful if the Government would provide information on the use made in practice of the hiring of prison labour to private individuals.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. Article 2, paragraph 2(c), of the Convention. Prison labour: prisoners hired to private enterprises or individuals. In its previous comments, the Committee noted that, under section 3 of Act No. 22/84 of 29 December 1984 establishing the rules respecting prison labour, such labour is compulsory for all convicts, subject to penalties. Prison labour includes work within and outside the prison. In the context of the latter, prisoners may be hired to private individuals or associations on condition that their labour is not in competition with free labour (section 4). The conditions for the hiring of prisoners to private individuals are determined by section 10 of the Act. The rates for the hiring of prison labour are determined annually by order of the Minister of Territorial Administration. Prisoners who are hired to work for private individuals are granted a payment which is not a wage. Finally, employment accidents occurring to prisoners are notified and compensated, in accordance with the provisions of the Social Security Code (sections 13, 15 and 17).

In this respect, the Committee drew the Government's attention to the provisions of Article 2, paragraph 2(c), of the Convention, under which prisoners may not be hired or placed at the disposal of private individuals, companies or associations. The Committee has, however, considered that prison labour performed for private companies under conditions approximating those of a free employment relationship may be compatible with the Convention. This necessarily requires the voluntary consent of the prisoner. It is also necessary to ensure certain other guarantees and safeguards covering the essential elements of an employment relationship, such as the existence of an employment contract, the application of labour legislation, the payment of a wage and social security coverage. The Committee considered previously that work performed under the terms of Act No. 22/84 in the context of the hiring of prison labour does not approximate a free labour relationship.

In its report, the Government indicates that it has noted the Committee’s observation and the conditions which must be fulfilled for prison labour to be hired to private individuals and that it undertakes to adopt all the necessary measures to adapt the law to the requirements of the Convention. The Committee notes this commitment and trusts, taking into account the number of years for which it has been making these comments, that the Government will now take action expeditiously to give effect to this undertaking. The Committee would also be grateful if the Government would provide information on the use made in practice of the hiring of prison labour to private individuals.

2. Trafficking of children. In its previous comments, the Committee noted the information contained in various reports, including those of the United Nations Committee on the Rights of the Child, describing the trafficking of children to Gabon for their exploitation. It requested the Government to provide information on the measures adopted or envisaged to ensure the effective application of the provisions of the national legislation intended to prevent, suppress and punish the trafficking of persons. The Committee observes that since it made its previous comments Gabon has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). As Convention No. 182 provides in Article 3(a) that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict", the Committee considers that the issue of the trafficking of children may be examined more specifically in the context of Convention No. 182. It therefore refers to the observation that it is making under that Convention.

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1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. Prison labour. In its previous comments, which it has been making for a number of years, the Committee noted that prison labour is compulsory for all convicts, subject to penalties, by virtue of section 3 of Act No. 22/84 of 29 December 1984 establishing the rules respecting prison labour. By virtue of section 4, such labour includes work inside and outside, and the hiring of prisoners to private parties, both individuals and entities, is admitted for external work on condition that this workforce is not in competition with free labour.

The Committee draws the Government’s attention to the fact that Article 2, paragraph 2(c), prohibits any convict from being placed at the disposal of private individuals, companies or associations. However, it considers that prison labour performed for private companies may be compatible with these provisions of the Convention where the prisoners work under conditions approximating those of a free employment relationship. As the Committee indicated in paragraph 91 of its General Report submitted to the 89th Session of the International Labour Conference in June 2001, this necessarily requires the voluntary consent of the prisoner, as well as further guarantees and safeguards covering the essential elements of an employment relationship, such as the existence of an employment contract, the application of labour legislation, the payment of a normal wage and social security coverage. With regard to the voluntary nature and conditions for the private employment of prisoners, the Committee refers to paragraphs 128-143 of its General Report of 2001.

The Committee notes that, under the terms of section 9 of the Act of 29 December 1984 above, prisoners may be hired to public services or private parties, both individuals and entities, following a written request addressed, in the provinces, to the head of the administrative unit, and in Libreville, to the director of the central prison. Section 10 determines the conditions for the hiring of prisoners to private individuals, including the condition that only convicts who have completed over half of their sentence may be hired where their personality, record, conduct in detention and the indications of reform that they have given provide adequate guarantees for public security and order. Under the terms of section 17, any detainee who has been hired to work for private individuals or entities is granted a payment which is not a wage. The Committee notes that it results from the above provisions that the conditions of a free employment relationship are not fulfilled. In the light of the above, the Committee requests the Government to take measures to repeal the provisions of the above Act which are contrary to the Convention, so as to ensure that prison labour for private parties can only be authorized under conditions approximating those of a free employment relationship.

2.  Trafficking of children for the purposes of exploitation. The Committee refers to its general observation of 2001 concerning the trafficking of persons for the purposes of exploitation. In this respect, the Committee notes the information contained in the following reports:

(i)  Synthesis report of the subregional project of the International Programme for the Elimination of Child Labour (ILO/IPEC, 2001) entitled, "Combating Trafficking in Children for Labour Exploitation in West and Central Africa". The study carried out by IPEC in 1998-99 indicates that Gabon is a destination country for the trafficking of persons and that children are brought there from Togo, Benin and Nigeria. The Committee notes that this trafficking of children with a view to their economic exploitation is closely related to certain of the worst forms of child labour. According to the report, the child victims of trafficking are deprived of the right to education and adequate nutrition and are often the victims of physical and sexual abuse.

(ii)  Report of the Working Group on Contemporary Forms of Slavery of the Sub-Commission on the Promotion and Protection of Human Rights, adopted at its 26th Session, in July 2001, which describes the case of the Etireno, a vessel on board which were discovered in April 2001 around 40 children who were being brought to Gabon (Doc. E/CN.4/Sub.2/2001/30, paragraphs 35-38).

(iii)  Reports of Anti-slavery International submitted to the 24th, 25th and 26th Sessions of the Working Group on Contemporary Forms of Slavery of the Sub-Commission on the Promotion and Protection of Human Rights. The Committee notes that, according to these reports, the majority of children who are the victims of trafficking to Gabon are girls employed in domestic service and as street hawkers, whereas boys mainly work in agriculture. The children often have to work between 14 and 18 hours a day and they are frequently compelled to carry heavy loads and to walk many kilometres each day to sell their goods.

(iv)  Report of the Government of Gabon examined on 17 January 2002 at the 29th Session of the Committee on the Rights of the Child. According to this report, the penalties set out in section 16 of the Labour Code, which punish persons who have had recourse to forced labour with a fine of between 300,000 and 600,000 CFA francs and/or imprisonment from one to six months, are rarely applied due to the fact that the activities of labour inspectors are limited to the structured sector which, by its nature, does not have recourse to work by children below the statutory age of admission to employment. The Committee notes that, since March 1998, Gabon has become a partner in the IPEC programme. It also notes that a joint commission for Benin and Gabon was created in March 1999 within the context of bilateral cooperation with responsibility, among other matters, for proposing practical measures to combat the trafficking and work of children from Benin in Gabon (Doc. CRC/C/41/Add.10, paragraphs 266-268). The Committee requests the Government to provide information on the results of the work of this joint commission.

(v)  Concluding Observations of the Committee on the Rights of the Child respecting Gabon, adopted on 1 February 2002. The Committee notes the adoption in 2001 of an Act introducing into the Penal Code the offence of the trafficking of children. It notes that, despite the adoption of this Act and the establishment of a national inter-ministerial committee to combat the trafficking of children, as well as the serious commitment by the State on this issue, the Committee on the Rights of the Child has expressed deep concern at the large number of trafficked children who are still exploited, mostly on the informal labour market or enslaved, and particularly in the case of children coming from abroad (Doc. CRC/C/15/Add.171, paragraphs 3 and 59). The Committee requests the Government to provide a copy of the above Act.

In the light of this information, the Committee requests the Government to indicate the measures taken or envisaged to ensure the effective application of the provisions of the national legislation intended to prevent, suppress and punish the trafficking of persons for the purpose of exploitation, as well as the provisions of the Convention.

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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 direct request.

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.  1.  The Committee refers to its previous comments, which concerned prison labour of convicts. It notes in this respect that, according to the Government’s information, the Labour Code adopted in 1996 sets out in section 4 the absolute prohibition of any form of forced labour and that provisions have been adopted to prevent any further form of forced labour, including the hiring of prisoners to private parties. The Committee also notes that, according to the same report, sections 73 and 75 of the above Act determine the conditions governing such hiring and the tariffs. The Government also states that a text to repeal the provisions of section 3 of the above Act is still being prepared. In practice, according to the Government, prison labour is performed at the explicit request of the prisoner and the request may be approved after completion of half of the sentence. The Government also indicates that the Social Security Code contains provisions respecting the registration of detained persons in the context of prison labour, but that the resources available to the administration are insufficient to overcome shortfalls in this area.

2.  With reference to paragraphs 89 to 96 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that work performed by convicted persons for private employers requires the formal consent of the person concerned and guarantees and protection relating to wages and social security. The Committee requests the Government to provide information in its next report on the following points:

-  provisions adopted to prevent any form of forced labour, including the hiring of convicted prisoners to private parties;

-  measures taken to amend the provisions of Act No. 22/84 of 29 December 1984, particularly with regard to the hiring of convicted persons to private parties; and

-  measures adopted relating to wages and social security for work performed by convicted persons.

The Committee hopes that the Government will be able to take the necessary measures to bring its law and practice into conformity with the Convention.

3.  The Committee notes that the comments of 20 May 1998 made by the Confederation of Free Trade Unions of Gabon (CGSL) and communicated to the Government refer among other matters to circumstances of imprisonment. The Committee would ask the Government to indicate in its next report to what extent it has taken measures to guarantee that prison labour as mentioned above is labour for which the prisoners concerned have offered themselves voluntarily, when the only alternative is the poor circumstances referred to by the Confederation.

4.  Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (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 any 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 prisoner’s 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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The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request: Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 1. The Committee refers to its previous comments, which concerned prison labour of convicts. It notes in this respect that, according to the Government's information, the Labour Code adopted in 1996 sets out in section 4 the absolute prohibition of any form of forced labour and that provisions have been adopted to prevent any further form of forced labour, including the hiring of prisoners to private parties. The Committee also notes that, according to the same report, sections 73 and 75 of the above Act determine the conditions governing such hiring and the tariffs. The Government also states that a text to repeal the provisions of section 3 of the above Act is still being prepared. In practice, according to the Government, prison labour is performed at the explicit request of the prisoner and the request may be approved after completion of half of the sentence. The Government also indicates that the Social Security Code contains provisions respecting the registration of detained persons in the context of prison labour, but that the resources available to the administration are insufficient to overcome shortfalls in this area. 2. With reference to paragraphs 89 to 96 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that work performed by convicted persons for private employers requires the formal consent of the person concerned and guarantees and protection relating to wages and social security. The Committee requests the Government to provide information in its next report on the following points:

-- provisions adopted to prevent any form of forced labour, including the hiring of convicted prisoners to private parties;

-- measures taken to amend the provisions of Act No. 22/84 of 29 December 1984, particularly with regard to the hiring of convicted persons to private parties; and

-- measures adopted relating to wages and social security for work performed by convicted persons. The Committee hopes that the Government will be able to take the necessary measures to bring its law and practice into conformity with the Convention. 3. The Committee notes that the comments of 20 May 1998 made by the Confederation of Free Trade Unions of Gabon (CGSL) and communicated to the Government refer among other matters to circumstances of imprisonment. The Committee would ask the Government to indicate in its next report to what extent it has taken measures to guarantee that prison labour as mentioned above is labour for which the prisoners concerned have offered themselves voluntarily, when the only alternative is the poor circumstances referred to by the Confederation. 4. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (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 any 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 prisoner's 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, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 1. The Committee refers to its previous comments, which concerned prison labour of convicts. It notes in this respect that, according to the Government's information, the Labour Code adopted in 1996 sets out in section 4 the absolute prohibition of any form of forced labour and that provisions have been adopted to prevent any further form of forced labour, including the hiring of prisoners to private parties. The Committee also notes that, according to the same report, sections 73 and 75 of the above Act determine the conditions governing such hiring and the tariffs. The Government also states that a text to repeal the provisions of section 3 of the above Act is still being prepared. In practice, according to the Government, prison labour is performed at the explicit request of the prisoner and the request may be approved after completion of half of the sentence. The Government also indicates that the Social Security Code contains provisions respecting the registration of detained persons in the context of prison labour, but that the resources available to the administration are insufficient to overcome shortfalls in this area.

2. With reference to paragraphs 89 to 96 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that work performed by convicted persons for private employers requires the formal consent of the person concerned and guarantees and protection relating to wages and social security. The Committee requests the Government to provide information in its next report on the following points:

-- provisions adopted to prevent any form of forced labour, including the hiring of convicted prisoners to private parties;

-- measures taken to amend the provisions of Act No. 22/84 of 29 December 1984, particularly with regard to the hiring of convicted persons to private parties; and

-- measures adopted relating to wages and social security for work performed by convicted persons.

The Committee hopes that the Government will be able to take the necessary measures to bring its law and practice into conformity with the Convention.

3. The Committee notes that the comments of 20 May 1998 made by the Confederation of Free Trade Unions of Gabon (CGSL) and communicated to the Government refer among other matters to circumstances of imprisonment. The Committee would ask the Government to indicate in its next report to what extent it has taken measures to guarantee that prison labour as mentioned above is labour for which the prisoners concerned have offered themselves voluntarily, when the only alternative is the poor circumstances referred to by the Confederation.

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The Committee notes that no report has been received from the Government. The Committee has, however, taken note of a letter dated 6 October 1994, sent to the Government by the Confederation of Free Trade Unions of Gabon (CGSL) with comments on the observance of the Convention.

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that prison labour is compulsory for all convicts, under penalty of sanctions, under section 3 of Act No. 22/84 of 29 December 1984 to organize prison labour. Under section 4, this labour includes both inside and outside work and 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 the Government's attention to the fact that Article 2, paragraph 2(c), of the Convention prohibits convicts from being placed at the disposal of individuals, companies or associations.

The Committee also noted the comments of the Confederation of Free Trade Unions of Gabon (CGSL) alleging that detainees awaiting trial, for the most part clandestine immigrants, are subjected to occasional forced labour. The Committee noted the Government's statement that what the CGSL alleged was neither current practice nor occasional practice. According to the Government, certain prisoners, to earn savings, voluntarily accept small jobs in their trade (masonry, carpentry, etc.) for private individuals who request such work and pay them for it. The Government also indicated that the same principle of remuneration applies in 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 referred to the prohibition on forced labour contained in the Labour Code which is currently in force and in the draft new Labour Code.

With reference to paragraphs 89-96 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalled 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. In the case of prisoners who have been sentenced, only work carried out in conditions of a free employment relationship can be held not to be incompatible with the prohibition set out in Article 2, paragraph 2(c), of the Convention, 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 noted that in a communication dated 21 September 1993, the Trade Union Confederation of Gabon (CO.SY.GA:) stated that the safeguard of obtaining the formal consent of the persons concerned remained to be proven. It notes that in its comments of 6 October 1994, the CGSL welcomes the progress made over the last two years regarding the use of penal labour but considers that formal consent of those concerned and their social protection remain to be proven.

The Committee hopes that the Government will indicate the measures that have been taken or are envisaged to guarantee that the formal consent of the person concerned is obtained for any work which is performed for private individuals or associations and that it will provide information on remuneration and social protection. The Committee also notes the Office's comments concerning the provisions relating to the prohibition of forced labour contained in the draft new Labour Code and hopes that the provisions to be adopted will be in accordance with the Convention on this point.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government's report has not been received. The Committee notes the observations dated 21 September 1993 made by the Trade Union Confederation of Gabon (CO.SY.GA.).

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that prison labour is compulsory for all convicts, under penalty of sanctions, under section 3 of Act No. 22/84 of 29 December 1984 to organize prison labour. Under section 4, this labour includes both inside and outside work and 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 the Government's attention to the fact that that Article 2, paragraph 2(c), of the Convention prohibits convicts from being placed at the disposal of individuals, companies or associations.

The Committee also noted the comments of the Confederation of Free Trade Unions of Gabon (CGSL) alleging that detainees awaiting trial, for the most part clandestine immigrants, are subjected to occasional forced labour. The Committee noted the Government's statement that what the CGSL alleged was neither current practice nor occasional practice. According to the Government, certain prisoners, to earn savings, voluntarily accept small jobs in their trade (masonry, carpentry, etc.) for private individuals who request such work and pay them for it. The Government also indicated that the same principle of remuneration applies in 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 referred to the prohibition on forced labour contained in the Labour Code which is currently in force and in the draft new Labour Code.

With reference to paragraphs 89-96 of its 1979 General Survey on the Abolition of Forced Labour, the Committee recalled 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. In the case of prisoners who have been sentenced, only work carried out in conditions of a free employment relationship can be held not to be incompatible with the prohibition set out in Article 2, paragraph 2(c), of the Convention, 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 notes that in its communication the CO.SY.GA states that the safeguard of obtaining the formal consent of the persons concerned remains to be proven.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to guarantee that the formal consent of the person concerned is obtained for any work which is performed for private individuals or associations and to provide information on remuneration and social protection. The Committee also notes the Office's comments concerning the provisions relating to the prohibition of forced labour contained in the draft new Labour Code and hopes that the provisions which are adopted will be in accordance with the Convention on this point.

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Freedom of members of the armed forces to leave the service. The Committee notes the texts provided by the Government in answer to its previous comments.

In its earlier comments, the Committee noted the provisions of Act No. 9/85 of 29 January 1986 establishing the general conditions of service of members of the armed forces and it requested the Government to provide information on the length of service required in order to be able to enter a military college and on the length of service required following a training.

The Committee notes the provisions, particularly those on the period of service, and the Decrees adopted to implement Act No. 9/85 which establishes the special status of members of the national police force, national constabulary, the army, the airforce, the national navy, the fire-fighters' battalion, members of the mobile security force (Decrees Nos. 000345/PR/MDNACSP to 350/PR/MDNACSP of 28 March 1988).

The Committee further notes the provisions of Decree No. 000351/PR/MDNACSP of 28 March 1988 on the status of military officers. It notes that student officers admitted after competitive examination agree to a service period of ten years (article 11).

The Committee notes that in accordance with the provisions of Decree No. 000352/PR/MDNACSP of 28 March 1988 on the special status of servicemen, young persons may be recruited for periods of 12 years and that they may terminate such recruitment on request approved by the authority only in cases of serious events of a family or personal nature beyond their control and taking place subsequent to their recruitment (articles 2, 3, 20(3) of the Decree and 116 of Act No. 9/85).

The Committee recalls paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour in which it observed that career members of the armed forces may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with prior notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee requests the Government to indicate the measures taken or envisaged to permit student officers and servicemen to leave the service within a reasonable period.

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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.

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The Committee takes note of the information supplied by the Government in its report.

Article 2, paragraph 2(c), of the Convention. 1. 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 Committee notes the Government's indications in its report to the effect that the question of the above provisions of section 4, which are contrary to the Convention, is under study and that it will report the measures that are taken to the Committee. The Committee refers to paragraphs 97 to 101 of its General Survey of 1979 on the Abolition of Forced Labour, in which it indicates that the employment of prisoners by private employers is compatible with the Convention only within the context of a free employment relationship, i.e. with the agreement of the person concerned and subject to guarantees regarding wages, etc. The Committee requests the Government to provide information on the provisions adopted to bring the legislation into conformity with the Convention in this respect, either by prohibiting prisoners being placed at the disposal of private individuals or associations, or by introducing all the guarantees of a free employment relationship.

Freedom of workers in the service of the State to leave their employment

2.(a) In its earlier comments, the Committee noted the provisions of Act No. 9/85 of 29 January 1986 establishing the general conditions of service of members of the armed forces. With regard to career servicemen, officers and non-commissioned officers, the Committee noted that under section 100 of the Act, the service of a career member of the armed forces shall be terminated, inter alia, upon the acceptance, in accordance with the rules, of his resignation. By virtue of section 101, in cases where a career member of the armed services has not completed the period of service that is required for entrance into military colleges, or if he has received specialised training and has not completed the period of service for which he undertook to remain in service, his resignation shall not be accepted, except on exceptional grounds. The Committee requested the Government to provide information on the period of service for which a commitment is required in order to be able to enter a military college, on the length of service required of those who have received specialised training, and asked it to supply the relevant legal texts.

With regard to reserve officers, the Committee noted that under section 104 of the Act, reserve officers may be admitted under contract to serve for a fixed and renewable period not exceeding 20 years, and asked the Government to supply information on each period of engagement, the procedure for its renewal, the possibility of resigning before completion of the contract and the criteria that may be applicable in such cases, and also requested it to provide the text of any Decrees establishing the conditions of service of reserve officers and non-commissioned officers issued under section 129 of the Act.

The Committee notes the information supplied in the Government's report, to the effect that a number of texts have been issued under the Act and are now in force, but that no regulations have yet been issued to govern the status of reserve officers and non-commissioned officers.

The Committee expresses the hope that the Government will provide information in reply to the questions it raised previously concerning both career officers and non-commissioned officers, and reserve officers and non-commissioned officers, and any relevant texts including the Decree issued under section 129 of the Act as soon as it has been adopted.

(b) The Committee notes the provisions of Decree No. 000352/PR/DGNACSP of 23 March 1988 establishing special status for servicemen engaged under contract for voluntary service. The Committee observes that under section 2, the initial engagement is for a minimum period equal to the period of active service plus one month, and not exceeding 12 years. The Committee refers to its previous request and again asks the Government to provide the texts governing active military service.