Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Guinea (Ratification: 1959)

Articles 1(1) and 2(1) of the Convention. Vagrancy. The Committee previously noted that, under sections 272 and 273 of the Penal Code of 1998, any persons who are officially declared vagrants, namely “persons who have no fixed abode and no means of subsistence and have no regular job or occupation”, are liable by virtue thereof to imprisonment ranging from three to six months. The Committee considered that these provisions enabled a prison sentence including the obligation to work to be imposed on persons who have done nothing to disturb public order and may constitute a direct or indirect compulsion to work, which is incompatible with the Convention. The Committee requested the Government to amend the abovementioned sections of the Penal Code so that only persons who are found guilty of unlawful activity and of disturbing public order may incur penalties.

The Committee notes the indication in the Government’s report that the Penal Code of 1998 has been replaced by Act No. 2016/059/AN of 26 October 2016 enacting the Penal Code. The Committee notes with satisfaction that sections 272 and 273 of the Penal Code of 1998 have been repealed with the effect that persons who have not disturbed public order may no longer be punished by imprisonment involving the obligation to work.

The Committee is raising other matters in a request addressed directly to the Government.