Forced Labour Convention, 1930 (No. 29) - Ghana (RATIFICATION: 1957)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional and legal framework. The Committee notes that the Government informs in its report about the adoption of the new National Plan of Action (NPA) for the Elimination of Human Trafficking in Ghana 2022-2026 which, in addition to providing for actions for prevention, protection, prosecution and partnerships, includes a component on monitoring, evaluation and research. Key interventions envisaged by the Plan include: (i) strengthening the capacity of the Human Trafficking Management Board to effectively monitor the implementation of the Plan; (ii) a cross-sectoral communication strategy and sensitization activities at national, regional, district and community levels; (iii) reviewing the regulatory framework for combating human trafficking; and (iv) actions to expedite prosecution of trafficking cases. The Committee welcomes the adoption of the new NPA and the fact that its development was preceded by an assessment of the implementation of the 2017-2021 NPA in which all stakeholders participated, including victims of trafficking. The Committee requests the Government to provide information on the measures taken under the NPA for the Elimination of Human Trafficking in Ghana 2022-2026, including information on the measures taken to strengthen the Human Trafficking Management Board to monitor, support and address bottlenecks in the implementation of the NPA as well as on the mid-term implementation assessment of the NPA. The Committee also requests the Government to provide information on the review of the current anti-trafficking legislation.

2. Effective application of the law. The Committee notes that the Government has strengthened the capacities of over 700 officials from law enforcement bodies, including judges, prosecutors, migration officers and the police, to effectively detect, investigate and prosecute cases of trafficking in persons. The Government indicates that from October 2021 to July 2022, a total of 22 prosecutions were initiated for trafficking in persons, and 10 convictions involving 16 persons were handed down. The Committee observes that, as noted in the previous comments, in various cases offenders were only sanctioned with fines or a prison term of one month. The Committee once again stresses that a fine or a short prison sentence do not constitute effective and dissuasive sanctions for the illegal exaction of forced labour (2012 General Survey on the fundamental Conventions, paragraph 319). Moreover, the Committee notes that according to section 2 of the Human Trafficking Act, 2005 a person who traffics another person for the purpose of labour or sexual exploitation is liable to imprisonment for a term not less than five years. The Committee therefore once again requests the Government to continue to take measuresto ensure that sufficiently dissuasive and effective sanctions are applied for the offence of trafficking in persons, in accordance with section 2 of the Human Trafficking Act, 2005, and to provide information in this respect.

3. Protection of victims. The Committee notes the Government’s indication that 821 victims of trafficking in persons (589 men and 232 women) were rescued and received reintegration and rehabilitation assistance from the Government. According to the detailed information communicated by the Government, rescued victims were provided with shelter, meal, health care, clothing, legal and psychological support, as well as skills training and educational support. The Committee recalls that the Human Trafficking Act, 2005 established the Human Trafficking Fund to support the tracing of the families of the victims of trafficking, as well as the victims’ rehabilitation, reintegration and capacity building (section 22), and observes that the Human Trafficking Prohibition (Protection and Reintegration of Trafficked Persons) Regulations, 2015 provides for a detailed procedure for victims to obtain access to that fund. The Committee requests the Government to provide information on the number of victims of trafficking in persons who have obtained support by the Human Trafficking Fund for family tracing, rehabilitation, reintegration, or capacity-building, including information on the applications that have been rejected, if any, and the reasons for such rejection.

Article 2(2)(c). Work of prisoners for private companies. The Committee notes that, according to information contained in the official website of the Ghana Prison Service, the Prison Service intends to participate in public-private partnership programs to embark on large scale production of maize and oil palm, as well as livestock. The Committee recalls in this regard that section 42(3) of the Prison Service Act, 1972 provides that prisoners can perform work outside the prison premises, and does not exclude the possibility for them to work for private entities. In these circumstances, the Committee wishes to recall the principle that work by convicted prisoners for private entities is not compatible with the Convention except when such work is performed by prisoners under a free labour relationship, without being subjected to pressure or the menace of any penalty, and on the basis of their free, formal, and informed consent. Therefore, the Committee requests the Government to indicate whether agreements have been signed between the Prison Service and private companies that provide for the work of inmates, and, if so, to indicate how it is ensured that prisoners give their free, formal, and informed consent for such work and that their conditions of work approximate those of a free labour relationship.

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Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the establishment of the Human Trafficking Management Board which was mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking and an Anti-Trafficking Unit at the Criminal Investigation Department of the Ghana Police Service which investigates, arrests and prosecutes all offenders under the Trafficking Act. The Committee observed that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour; about the reported high incidence of internal trafficking of women and girls from rural areas; as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28). It requested the Government to provide information on the results achieved by the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking and on the number of investigations and prosecutions carried out by the Anti-Trafficking Unit and convictions and penalties imposed.

The Committee notes the Government’s information in its report that the Human Trafficking Secretariat and the Anti-Trafficking Unit of the Police and the Anti-Human Smuggling and Trafficking in persons Unit of the Ghana Immigration Service have strengthened their collaboration with the Civil Society Organizations (CSOs) to undertake awareness raising and sensitization activities as well as regular monitoring and rescue exercises on the Lake Volta and Central region. Moreover, 28 community dialogues and engagements were instituted to engage community members to understand the issues of trafficking of persons and their vulnerability. High court and Appeal court judges were sensitized on issues and modern trends in trafficking of persons. The Committee also notes the Government’s statement that the Human Trafficking Fund has been deposited with an amount of GHS 1,500,000 (approximately 248,731USD) to support the fight against trafficking in persons. The Government’s report further indicates that a total of 556 human trafficking cases were investigated out of which 89 accused persons were prosecuted and 88 were convicted. Out of the convictions, 65 were given jail terms ranging from 5-7 years and the remaining 23 convicts were fined up to 120 penalty units each (a penalty unit is GHS 12 Cedis, approximately USD240). The Committee wishes to remind the Government that, when sanctions envisaged or imposed in cases of forced labour consist of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, by virtue of Article 25 of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to continue take the necessary measures to raise awareness and strengthen the capacities of the law enforcement officials, in particular judges and prosecutors to ensure that sufficiently dissuasive and effective penalties of imprisonment are applied for the offences of trafficking in persons. It requests the Government to provide information on the measures taken in this regard as well as on the measures taken by the Anti-trafficking Unit and the Anti-Human Smuggling and Trafficking in persons Unit to combat trafficking in persons. It further requests the Government to continue to provide information on the application of the relevant provisions of the Human Trafficking Act, 2005 including the number of prosecutions, convictions and specific penalties applied for the offences of trafficking in persons. The Committee finally requests the Government to provide information on the rehabilitation and reintegration assistance provided to victims of trafficking as well as the number of victims who have benefitted from such services.

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The Committee notes with 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.

Repetition

Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to overcome the difficulties encountered in terms of enhancing the efficiency of the law enforcement mechanism, and providing victims of trafficking with appropriate assistance.

The Committee notes the Government’s reference to the Human Trafficking Act, 2005 which establishes the Human Trafficking Management Board. This latter is mandated to make recommendations for a National Plan of Action 2013–18 against trafficking in persons, monitor and report on its progress, and provide assistance on the investigation and prosecution of trafficking cases. In addition, the Board is mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking, as well as conduct research on international and regional standards on trafficking in persons. The Committee also notes that complaints regarding trafficking from the public are received by the Anti-Trafficking Unit which is established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This Unit investigates arrests and prosecutes all offenders under the Trafficking Act. The Committee further notes the Government’s indications that 25 cases of trafficking were reported in 2012; ten cases are still under investigation; four prosecutions took place, and there was one conviction.

The Committee observes that, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations of November 2014, while noting the efforts undertaken by the country to prevent trafficking in women and girls and protect and rehabilitate victims (including the creation of a trafficking database and collaboration with local authorities), expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour. The CEDAW is also concerned about the reported high incidence of internal trafficking of women and girls from rural areas, as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28).

The Committee requests the Government to provide information on the implementation of the National Action Plan 2013–18 against trafficking in persons, specifically the results achieved particularly with regard to the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking. Further noting that the Anti-Trafficking Unit of the Ghana Police Service investigates and prosecutes all offenders under the Human Trafficking Act, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons.

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The Committee notes with 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.

Repetition

Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to overcome the difficulties encountered in terms of enhancing the efficiency of the law enforcement mechanism, and providing victims of trafficking with appropriate assistance.

The Committee notes the Government’s reference to the Human Trafficking Act, 2005 which establishes the Human Trafficking Management Board. This latter is mandated to make recommendations for a National Plan of Action 2013–18 against trafficking in persons, monitor and report on its progress, and provide assistance on the investigation and prosecution of trafficking cases. In addition, the Board is mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking, as well as conduct research on international and regional standards on trafficking in persons. The Committee also notes that complaints regarding trafficking from the public are received by the Anti-Trafficking Unit which is established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This Unit investigates arrests and prosecutes all offenders under the Trafficking Act. The Committee further notes the Government’s indications that 25 cases of trafficking were reported in 2012; ten cases are still under investigation; four prosecutions took place, and there was one conviction.

The Committee observes that, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations of November 2014, while noting the efforts undertaken by the country to prevent trafficking in women and girls and protect and rehabilitate victims (including the creation of a trafficking database and collaboration with local authorities), expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour. The CEDAW is also concerned about the reported high incidence of internal trafficking of women and girls from rural areas, as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28).

The Committee requests the Government to provide information on the implementation of the National Action Plan 2013–18 against trafficking in persons, specifically the results achieved particularly with regard to the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking. Further noting that the Anti-Trafficking Unit of the Ghana Police Service investigates and prosecutes all offenders under the Human Trafficking Act, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons.

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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 initially made in 2015.

Repetition

Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to overcome the difficulties encountered in terms of enhancing the efficiency of the law enforcement mechanism, and providing victims of trafficking with appropriate assistance.

The Committee notes the Government’s reference to the Human Trafficking Act, 2005 which establishes the Human Trafficking Management Board. This latter is mandated to make recommendations for a National Plan of Action 2013–18 against trafficking in persons, monitor and report on its progress, and provide assistance on the investigation and prosecution of trafficking cases. In addition, the Board is mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking, as well as conduct research on international and regional standards on trafficking in persons. The Committee also notes that complaints regarding trafficking from the public are received by the Anti-Trafficking Unit which is established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This Unit investigates arrests and prosecutes all offenders under the Trafficking Act. The Committee further notes the Government’s indications that 25 cases of trafficking were reported in 2012; ten cases are still under investigation; four prosecutions took place, and there was one conviction.

The Committee observes that, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations of November 2014, while noting the efforts undertaken by the country to prevent trafficking in women and girls and protect and rehabilitate victims (including the creation of a trafficking database and collaboration with local authorities), expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour. The CEDAW is also concerned about the reported high incidence of internal trafficking of women and girls from rural areas, as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28).

The Committee requests the Government to provide information on the implementation of the National Action Plan 2013–18 against trafficking in persons, specifically the results achieved particularly with regard to the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking. Further noting that the Anti-Trafficking Unit of the Ghana Police Service investigates and prosecutes all offenders under the Human Trafficking Act, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons.

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Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to overcome the difficulties encountered in terms of enhancing the efficiency of the law enforcement mechanism, and providing victims of trafficking with appropriate assistance.

The Committee notes the Government’s reference to the Human Trafficking Act, 2005 which establishes the Human Trafficking Management Board. This latter is mandated to make recommendations for a National Plan of Action 2013–18 against trafficking in persons, monitor and report on its progress, and provide assistance on the investigation and prosecution of trafficking cases. In addition, the Board is mandated to liaise with government agencies and organizations to promote the rehabilitation and reintegration of victims of trafficking, as well as conduct research on international and regional standards on trafficking in persons. The Committee also notes that complaints regarding trafficking from the public are received by the Anti-Trafficking Unit which is established at the headquarters of the Criminal Investigation Department of the Ghana Police Service. This Unit investigates arrests and prosecutes all offenders under the Trafficking Act. The Committee further notes the Government’s indications that 25 cases of trafficking were reported in 2012; ten cases are still under investigation; four prosecutions took place, and there was one conviction.

The Committee observes that, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations of November 2014, while noting the efforts undertaken by the country to prevent trafficking in women and girls and protect and rehabilitate victims (including the creation of a trafficking database and collaboration with local authorities), expressed concern that the country remains a source, transit and destination country for women and children trafficked mainly for purposes of sexual exploitation and forced labour. The CEDAW is also concerned about the reported high incidence of internal trafficking of women and girls from rural areas, as well as the limited number of convictions under the Human Trafficking Act, 2005, partly owing to the low level of reporting and inadequate identification of victims of trafficking (CEDAW/C/GHA/CO/6-7, paragraph 28).

The Committee requests the Government to provide information on the implementation of the National Action Plan 2013–18 against trafficking in persons, specifically the results achieved particularly with regard to the Human Trafficking Management Board in securing the rehabilitation and reintegration of victims of trafficking. Further noting that the Anti-Trafficking Unit of the Ghana Police Service investigates and prosecutes all offenders under the Human Trafficking Act, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and the penalties imposed with regard to trafficking in persons.

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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), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information provided by the Government concerning various anti-trafficking measures undertaken by the Government during the reporting period, such as various human trafficking training activities for the law enforcement agencies, as well as public sensitization and awareness-raising programmes. It also notes statistical information showing the number of people rescued from human trafficking, as well as the number of investigations and prosecutions. Noting the Government’s indications concerning the difficulties encountered, such as the lack of resources and shelters for victims, as well as the Government’s intention to establish more shelters throughout the country, the Committee requests the Government to continue to describe, in its future reports, measures taken or envisaged to overcome the existing difficulties and, in particular, to enhance the efficiency of the law enforcement mechanism. Please continue to provide information on the legal proceedings, which have been instituted under the Human Trafficking Act, 2005, indicating the penalties imposed on perpetrators.

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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 matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information provided by the Government concerning various anti-trafficking measures undertaken by the Government during the reporting period, such as various human trafficking training activities for the law enforcement agencies, as well as public sensitization and awareness-raising programmes. It also notes statistical information showing the number of people rescued from human trafficking, as well as the number of investigations and prosecutions. Noting also the Government’s indications in the report concerning the difficulties encountered, such as the lack of resources and shelters for rescued victims, as well as the Government’s intention to establish more shelters throughout the country, the Committee requests the Government to continue to describe, in its future reports, measures taken or envisaged to overcome the existing difficulties and, in particular, to enhance the efficiency of the law enforcement mechanism. Please continue to provide information on the legal proceedings, which have been instituted under the Human Trafficking Act, 2005, indicating the penalties imposed on perpetrators.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information provided by the Government in its report concerning various anti-trafficking measures undertaken by the Government during the reporting period, such as various human trafficking training activities for the law enforcement agencies, as well as public sensitization and awareness-raising programmes. It also notes statistical information showing the number of people rescued from human trafficking, as well as the number of investigations and prosecutions. Noting also the Government’s indications in the report concerning the difficulties encountered, such as the lack of resources and shelters for rescued victims, as well as the Government’s intention to establish more shelters throughout the country, the Committee requests the Government to continue to describe, in its future reports, measures taken or envisaged to overcome the existing difficulties and, in particular, to enhance the efficiency of the law enforcement mechanism. Please continue to provide information on the legal proceedings, which have been instituted under the Human Trafficking Act, 2005, indicating the penalties imposed on perpetrators.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to its earlier comments, the Committee notes the information provided by the Government in its report. It notes, in particular, the adoption of the Ghana National Plan of Action to Combat Human Trafficking, as well as the information on the activities of the Human Trafficking Fund and the National Task Force on Human Trafficking. The Committee also notes the establishment in 2008 of an anti-trafficking unit in the Criminal Investigation Department of the Ghana Police Service, which will investigate and prosecute offenders under the Human Trafficking Act, as well as the statistics on human trafficking provided by the Unit.

Noting also the Government’s indications concerning the obstacles in the investigation and prosecution of trafficking cases and the relatively small number of cases under investigation, prosecutions and convictions, the Committee requests the Government to describe, in its next report, measures taken or envisaged to overcome the existing difficulties and to enhance the efficiency of the law enforcement mechanism. Recalling that Article 25 of the Convention provides for an obligation of ratifying States to ensure that the penalties imposed by law are really adequate and are strictly enforced, the Committee requests the Government to continue to provide information on the legal proceedings, which have been instituted under the Human Trafficking Act, 2005, indicating the penalties imposed on perpetrators.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the information provided by the Government in its 2006 report. It notes in particular that the Trafficking Fund has been set up by the Ministry of Women and Children’s Affairs and the National Task Force on Human Trafficking has been set up to help in public sensitization and training. The Government indicates that the Task Force equips stakeholders with the skills for appropriate handling of human trafficking issues. It also states that the Ministry of Women and Children’s Affairs has set up a secretariat to coordinate and monitor the implementation of the Human Trafficking Act and drafted a national plan of action to combat human trafficking.

The Committee requests the Government to describe in more detail, in its next report, the activities of the Trafficking Fund and the National Task Force on Human Trafficking, supplying copies of any relevant reports, studies and inquiries, including available statistics concerning human trafficking, as well as a copy of the national plan of action referred to above. Please also provide information on the application in practice of the Human Trafficking Act, 2005, including, in particular, the information on any legal proceedings which have been instituted as a consequence of the application of its provisions and indicating the penalties imposed on perpetrators.

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1. Trokosi system of ritual servitude. In its earlier comments, the Committee requested information on measures taken against the illegal exaction of forced or compulsory labour, in particular as regards the trokosi system practiced in some parts of the Volta region, where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement of offences allegedly committed by their relatives. It notes the information on the efforts undertaken by the Government in order to eradicate trokosi practices and to liberate and rehabilitate the victims, provided by the Government in its report. The Government indicates that, despite the action taken, the practice of trokosi still continues in a few shrines in the Volta region and in the Greater Accra region.

The Committee recalls that Ghana has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides 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", the Committee is of the view that the above problem may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer in this connection to its comments on the application of Convention No. 182.

2. The Committee notes with interest that a Human Trafficking Act has been adopted by Parliament on 28 July 2005. The Committee requests the Government to provide information on its application in practice, indicating any proceedings which might have been instituted as a consequence of violation of its provisions and the penalties imposed on perpetrators. Please describe any other measures taken or contemplated to combat trafficking in persons for the purpose of exploitation. Please also continue to supply copies of the annual reports of the Commission on Human Rights and Administrative Justice (CHRAJ).

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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 earlier comments, the Committee requested information on measures taken against the illegal exaction of forced or compulsory labour, in particular as regards the Trokosi system practised in some parts of the Volta Region, where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement of offences allegedly committed by their relatives. It noted the adoption of the Criminal Code (Amendment) Act, 1998 (No. 554), which contains provisions criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual (section 314A). The Committee would be grateful if the Government would provide information on the application of section 314A in practice, including information on any legal proceedings which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system, and on any penalties imposed.

2. Referring to its comments under Convention No. 182, likewise ratified by Ghana, the Committee has noted with interest the information supplied by the Government in its report on measures taken to combat forced labour and child labour, such as the establishment in January 2001 of the Ministry of Women and Children Affairs, launching in March 2002 of a three-year child trafficking project by ILO/IPEC in collaboration with the Ministry of Manpower Development and Employment and the Ministry of Women and Children Affairs, elaboration by ILO/Declaration of a draft programme for special action to fight against the Trokosi system, in consultation with the Ministry of Justice, Attorney General, Ministry of Interior, the CHRAJ and the social partners.

Referring also to its general observation of 2000, the Committee has noted with interest that the Criminal Code (Amendment) Act, 1998 (No. 554) referred to above contains provisions aiming at suppressing trafficking in human beings and requests the Government to provide information on their application in practice, as well as on other measures taken or contemplated to combat human trafficking. Please also continue to supply copies of the CHRAJ’s annual reports.

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The Committee has noted the information provided by the Government in its report, as well as the information contained in the 2000 and 1999 annual reports of the Commission on Human Rights and Administrative Justice (CHRAJ) appended to the Government’s report.

1. In its earlier comments, the Committee requested information on measures taken against the illegal exaction of forced or compulsory labour, in particular as regards the Trokosi system practised in some parts of the Volta Region, where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement of offences allegedly committed by their relatives. It noted the adoption of the Criminal Code (Amendment) Act, 1998 (No. 554), which contains provisions criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual (section 314A). The Committee should be grateful if the Government would provide information on the application of section 314A in practice, including information on any legal proceedings which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system, and on any penalties imposed.

2. Referring to its comments under Convention No. 182, likewise ratified by Ghana, the Committee has noted with interest the information supplied by the Government in its report on measures taken to combat forced labour and child labour, such as the establishment in January 2001 of the Ministry of Women and Children Affairs, launching in March 2002 of a three-year child trafficking project by ILO/IPEC in collaboration with the Ministry of Manpower Development and Employment and the Ministry of Women and Children Affairs, elaboration by ILO/Declaration of a draft programme for special action to fight against the Trokosi system, in consultation with the Ministry of Justice, Attorney-General, Ministry of Interior, the CHRAJ and the social partners.

Referring also to its general observation of 2000, the Committee has noted with interest that the Criminal Code (Amendment) Act, 1998 (No. 554) referred to above contains provisions aiming at suppressing trafficking in human beings and requests the Government to provide information on their application in practice, as well as on other measures taken or contemplated to combat human trafficking. Please also continue to supply copies of the CHRAJ=s annual reports.

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The Committee has noted the information provided by the Government in reply to its earlier comments and, in particular, the Government’s explanations concerning the freedom of civil servants to leave the service.

1. The Committee previously noted the establishment of the Commission on Human Rights and Administrative Justice (CHRAJ) and asked for information on its practical activities concerning the protection of fundamental rights and freedoms, including the protection against the illegal exaction of forced or compulsory labour, in particular as regards the Trokosi system practised in some parts of the Volta region, where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement of offences allegedly committed by their relatives. The Committee has noted the Government’s indications in its latest report concerning a nationwide educational and awareness campaign led by the CHRAJ in the field of human rights and, with specific reference to the Trokosi system, the CHRAJ’s activities, in collaboration with other governmental and non-governmental agencies, which have secured the release and emancipation of many of the bonded labourers. It has also noted with interest the information on the adoption of the Criminal Code (Amendment) Act, 1998 (No. 554), which contains provisions criminalizing any form of ritual or customary servitude or any form of forced labour related to a customary ritual.

The Committee requests the Government to supply, with its next report, a copy of Act No. 554, which is referred to by the Government as attached to its report, but appears not to have been received in the ILO. Please also provide information on the application of Act No. 554 in practice, including information on any legal proceedings which may have been instituted as a consequence of the exaction of any form of forced labour or servitude, in relation to the Trokosi system, and on any penalties imposed. Please also supply copies of the CHRAJ’s annual reports, to which reference is made in the Government’s report.

2. The Committee has noted the Government’s explanations concerning the use of convict labour. The Government has reiterated the fact that the arrangements under which prisoners are hired out to work in agricultural undertakings have been stopped. According to the report, the Government has established a number of prison settlement farms, which are managed by the Ghana Prison Service. The Government states that, as regards convict labour, its policy is to effect changes in prisons in order to conform with the requirements of the Convention. The Committee would be grateful if the Government would continue to provide, in its future reports, information on the practical application of the arrangements regarding the use of convict labour.

3. In addition, the Committee has been made aware of allegations of trafficking of women to work either as prostitutes in Europe or illegally work in menial jobs in the Middle East. The Committee hopes that in its response to the Committee’s general observation of last year the Government will deal with this question and supply information on any legislation or programmes to combat the trafficking in persons.

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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 comments: 1. The Committee noted that article 16(1) and (2) of the Constitution of 1992 provides for the prohibition of slavery and forced labour. It also noted the establishment, under article 216 of the Constitution, of the Commission on Human Rights and Administrative Justice, which is empowered, inter alia, to investigate complaints of violations of fundamental rights and freedoms and to take appropriate action through such means as are fair, proper and effective, including bringing proceedings in a competent court for a remedy (article 218(b) and (d) of the Constitution). The Committee would be grateful if the Government would provide, in its next report, information on practical activities of that Commission concerning the protection of fundamental rights and freedoms, and in particular, the protection against the illegal exaction of forced or compulsory labour. Please describe the activities of the Commission and their results in regard to the Trokosi system, practised in some parts of the Volta Region, to which reference was made by the Commissioner for Human Rights and Administrative Justice (see the Daily Graphic of 25 and 26 May 1995), where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement for offences allegedly committed by their relatives. Please supply copies of the Commission's annual reports, to which reference is made in article 218(g) of the Constitution. 2. The Committee noted that section 124, paragraphs (2) and (4), of the Criminal Code, 1960 (as amended by section 4 of the Criminal Code (Amendment) Decree, 1969) provides that the whole or any part of any term of imprisonment imposed by the Court shall be spent in "productive hard labour", which means labour in any state farm or state factory or any other public cooperative or collective enterprise specified by the Minister. The Committee would be grateful if the Government would clarify, in its next report, the meaning of the term "collective enterprise", indicating, in particular, whether this means a state-owned enterprise or a private one. Please state what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations, as required by Article 2, paragraph 2(c), of the Convention. 3. The Committee noted that section 71 of the Civil Service Law, 1993, provides, inter alia, for the following possibilities for a civil servant to leave the service: voluntary retirement (paragraph (c)), resignation in accordance with such conditions as may be prescribed (paragraph (e)) and the expiry of a limited engagement (paragraph (f)). As regards voluntary retirement, section 73 of the Law stipulates that a person holding a civil service post otherwise than on a limited engagement may retire from the service at any time after he attains the age of 45 years. Please indicate conditions which may be prescribed for resignation under paragraph (e) of section 71 of the Civil Service Law, as well as the duration of limited engagements under paragraph (f) of the same section. 4. 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.

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 matters raised in its previous direct request, which read as follows:

1. The Committee noted that article 16(1) and (2) of the Constitution of 1992 provides for the prohibition of slavery and forced labour. It also noted the establishment, under article 216 of the Constitution, of the Commission on Human Rights and Administrative Justice, which is empowered, inter alia, to investigate complaints of violations of fundamental rights and freedoms and to take appropriate action through such means as are fair, proper and effective, including bringing proceedings in a competent court for a remedy (article 218(b) and (d) of the Constitution). The Committee would be grateful if the Government would provide, in its next report, information on practical activities of that Commission concerning the protection of fundamental rights and freedoms, and in particular, the protection against the illegal exaction of forced or compulsory labour. Please describe the activities of the Commission and their results in regard to the Trokosi system, practised in some parts of the Volta Region, to which reference was made by the Commissioner for Human Rights and Administrative Justice (see the Daily Graphic of 25 and 26 May 1995), where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement for offences allegedly committed by their relatives. Please supply copies of the Commission's annual reports, to which reference is made in article 218(g) of the Constitution.

2. The Committee noted that section 124, paragraphs (2) and (4), of the Criminal Code, 1960 (as amended by section 4 of the Criminal Code (Amendment) Decree, 1969) provides that the whole or any part of any term of imprisonment imposed by the Court shall be spent in "productive hard labour", which means labour in any state farm or state factory or any other public cooperative or collective enterprise specified by the Minister. The Committee would be grateful if the Government would clarify, in its next report, the meaning of the term "collective enterprise", indicating, in particular, whether this means a state-owned enterprise or a private one. Please state what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations, as required by Article 2, paragraph 2(c), of the Convention.

3. The Committee noted that section 71 of the Civil Service Law, 1993, provides, inter alia, for the following possibilities for a civil servant to leave the service: voluntary retirement (paragraph (c)), resignation in accordance with such conditions as may be prescribed (paragraph (e)) and the expiry of a limited engagement (paragraph (f)). As regards voluntary retirement, section 73 of the Law stipulates that a person holding a civil service post otherwise than on a limited engagement may retire from the service at any time after he attains the age of 45 years. Please indicate conditions which may be prescribed for resignation under paragraph (e) of section 71 of the Civil Service Law, as well as the duration of limited engagements under paragraph (f) of the same section.

CMNT_TITLE

The Committee has noted the information provided by the Government in its latest report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

1. The Committee notes that article 16(1) and (2) of the Constitution of 1992 provides for the prohibition of slavery and forced labour. It also notes the establishment, under article 216 of the Constitution, of the Commission on Human Rights and Administrative Justice, which is empowered, inter alia, to investigate complaints of violations of fundamental rights and freedoms and to take appropriate action through such means as are fair, proper and effective, including bringing proceedings in a competent court for a remedy (article 218(b) and (d) of the Constitution). The Committee would be grateful if the Government would provide, in its next report, information on practical activities of that Commission concerning the protection of fundamental rights and freedoms, and in particular, the protection against the illegal exaction of forced or compulsory labour. Please describe the activities of the Commission and their results in regard to the Trokosi system, practised in some parts of the Volta Region, to which reference was made by the Commissioner for Human Rights and Administrative Justice (see the Daily Graphic of 25 and 26 May 1995), where young girls of about 10 years of age are pledged into perpetual bondage to serve fetish shrines in atonement for offences allegedly committed by their relatives. Please supply copies of the Commission's annual reports, to which reference is made in article 218(g) of the Constitution.

2. The Committee notes that section 124, paragraphs (2) and (4), of the Criminal Code, 1960 (as amended by section 4 of the Criminal Code (Amendment) Decree, 1969) provides that the whole or any part of any term of imprisonment imposed by the Court shall be spent in "productive hard labour", which means labour in any state farm or state factory or any other public cooperative or collective enterprise specified by the Minister. The Committee would be grateful if the Government would clarify, in its next report, the meaning of the term "collective enterprise", indicating, in particular, whether this means a state-owned enterprise or a private one. Please state what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations, as required by Article 2, paragraph 2(c), of the Convention.

3. The Committee notes that section 71 of the Civil Service Law, 1993, provides, inter alia, for the following possibilities for a civil servant to leave the service: voluntary retirement (paragraph (c)), resignation in accordance with such conditions as may be prescribed (paragraph (e)) and the expiry of a limited engagement (paragraph (f)). As regards voluntary retirement, section 73 of the Law stipulates that a person holding a civil service post otherwise than on a limited engagement may retire from the service at any time after he attains the age of 45 years. Please indicate conditions which may be prescribed for resignation under paragraph (e) of section 71 of the Civil Service Law, as well as the duration of limited engagements under paragraph (f) of the same section.

CMNT_TITLE

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:

The Committee noted previously the provisions mentioned by the Government as applicable to prison labour. The Committee noted the enactments sent by the Government with its report for the period ending June 1991 i.e. the Criminal Code (Amendment) Decree, 1969; the Prisons Service Decree, 1972; the Prisons Regulations, 1958, which under section 53 of the Prison Service Decree, 1972, remain in force.

The Committee would appreciate if the Government would send with its next report a copy of the Prisons (Amendment) Regulation, 1970) (L.I. 648) and the Prisons (Declaration of Prisons) Instrument, 1971 (E.I. 22).

CMNT_TITLE

The Committee noted previously the provisions mentioned by the Government as applicable to prison labour. The Committee has taken note of the enactments sent by the Government with its latest report, i.e. the Criminal Code (Amendment) Decree, 1969; the Prisons Service Decree, 1972; the Prisons Regulations, 1958, which under section 53 of the Prison Service Decree, 1972, remain in force.

The Committee would appreciate that the Government send with its next report a copy of the Prisons (Amendment) Regulation, 1970) (L.I. 648) and the Prisons (Declaration of Prisons) Instrument, 1971 (E.I. 22).

CMNT_TITLE

The Committee notes with interest the information provided in the Government's report for the period 1983 to 1988 in reply to its earlier comments.

While noting the provisions of the Criminal Code (Amendment) Decree, 1969 NLCD 398 and the Prisons Service Decree, 1972 NCRD 46, quoted in the Government's report, the Committee observes that copies of these two enactments, stated to be attached to the Government's report, were not received. The Committee hopes that copies of these enactments will soon be made available for examination, as well as a copy of the regulations referred to in section 42 of the Prisons Service Decree.