Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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.