Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Abolition of Forced Labour Convention, 1957 (No. 105) - Guinea (Ratification: 1961)

1. For many years, the Committee has been commenting on certain provisions which are contrary to the Convention. In previous comments, it noted the Government's statement that the legal texts in question had fallen into abeyance and are due to be revised or repealed as part of the programme for the complete revision by stages of all laws and regulations. The Government stated that the following texts would be covered by this procedure:

- Decree No. 416/PRG of 22 October 1964, under which all persons between 16 and 25 years of age are placed in the service of the Organization for Works Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/69 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and party documents;

- Act No. 64/AN/66 of 21 September 1966 to issue the Code of Criminal Procedure;

- and all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

2. The Committee also referred previously to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be military or non-military, for all male citizens. The Government indicated in earlier reports that there was no compulsory military service, but that students of both sexes performed one year's service devoted to military tasks; the Government also indicated that the service, which was compulsory, had become optional. The Committee noted that under sections 93 and 94 of the new Basic Act, promulgated on 31 December 1990 (Decree No. 250/90 and Act No. 2/91/001 of 1 August 1991, the Transitional National Recovery Council (CTRN) is empowered to enact legislation and take decisions with force of law. The Committee also noted the information supplied by the Government in its report in 1992 to the effect that a revision of the laws and regulations in use had begun. The Committee noted the Government's repeated affirmation of its political will to achieve the progressive harmonization of all the texts which are not in conformity with the Convention. In its last report, the Government indicates yet again that it has taken note of the Committee's comments and that all laws and regulations enacted before the adoption of the Basic Act will brought into line both with the provisions of the Act and with those of the Convention by the National Assembly which began its term on 5 October 1995. The Committee hopes that the Government will soon report progress made in bringing the texts addressed in its comments into conformity with the Convention. The Committee asks the Government to provide information on the provisions adopted for this purpose and to provide copies of the relevant texts.