Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Abolition of Forced Labour Convention, 1957 (No. 105) - Guinea - Bissau (Ratification: 1977)

In earlier comments the Committee noted that under section 40.2, read in conjunction with section 44.2, of Act No. 4/91 on the press, anyone found guilty of slander shall be punished by imprisonment of up to two years except where the facts are proved to be true. Under section 41 of the same Act, such proof may not be given in the case of abuse or slander against the Head of State. The Committee recalled that compulsory labour, including compulsory prison labour, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions. The Committee asked the Government to provide information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision, and to provide copies of relevant rulings.

The Committee noted that according to section 50 of the Regulations on Rehabilitation Centres (Regulamento dos Centros de Reabilitação), sent by the Government in its report on the application of Convention No. 29, prisoners are obliged to work, due account being taken of their physical and mental state and training needs.

The Committee asked the Government to state whether Act No. 4/91 was still in force and, if so, to indicate the measures taken to ensure that persons protected by the Convention may not be subjected to sanctions involving an obligation to work.

In its report the Government indicates that Act No. 4/91 is in force and that the provision of section 41, which the Committee has been commenting on, may conflict with other rights established in the Constitution - freedom of the press, freedom of political opinion - and should therefore be regarded as having been tacitly revoked.

The Committee asks the Government to take the necessary steps to bring the national legislation formally into line with the Convention by repealing or amending section 41 of Act No. 4/91 to preclude any ambiguities as to its application, and to provide information on progress made in this respect.