Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Guinea - Bissau (Ratification: 1977)

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Articles 1 and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information provided by the Government on the activities carried out by the National Committee for the Prevention and Combating of Trafficking in Persons, as follows: support for the development of the National Strategic Plan for preventing trafficking in persons and protecting trafficking victims; training and capacity-building for the competent authorities to prevent and identify cases of trafficking in persons and analyse data on trafficking; strengthening border controls and criminal investigation capacities; supporting the establishment of an early warning system based on watchdog committees and NGOs in the regions. The Government indicates that the National Committee meets on a monthly basis to discuss matters connected with action against trafficking in persons and to find responses to cases of trafficking and sexual abuse of children. The trafficking cases detected in 2021 and 2022 only involved talibé children returning from Senegal (164 and 78, respectively), who received immediate assistance and benefited from reintegration measures. Moreover, with regard to investigations and procedures carried out pursuant to Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children, the Government indicates that two trafficking cases are under investigation but no judicial proceedings have been initiated and no court decision handed down.

The Committee also notes that the Government’s 2022 Voluntary National Review of implementation of the Sustainable Development Goals (2030 Agenda) indicates that although official data are limited, evidence and eyewitness reports from governmental and non-governmental stakeholders show that the country is severely affected by trafficking in persons, including trafficking of children for forced labour and sexual exploitation. As regards human trafficking practices, it appears that despite the adoption of anti-trafficking legislation in 2011, the country has limited investigation and application resources.

The Committee requests the Government to step up its efforts to combat trafficking in persons. It requests the Government in particular to take the necessary steps to ensure the adoption of the National Strategic Plan for preventing trafficking in persons and protecting trafficking victims so as to provide the country with an instrument that enables coordination of the actions of the competent authorities in the areas of prevention, victim protection and prosecution of cases of trafficking for both sexual and labour exploitation. The Committee requests the Government to provide information on this matter and in particular on the measures taken in these different areas by the National Committee for the Prevention and Combating of Trafficking in Persons. Lastly, the Committee requests the Government to build the capacities and increase the resources of the competent authorities with regard to identification, investigation and prosecution of cases of trafficking in persons and to provide information on the number of victims identified, investigations conducted, prosecutions initiated and convictions handed down. The Committee also refers to its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. The Committee previously noted that Decree No. 12/2011 on the minimum rules for the treatment of prisoners provides that convicted persons shall have the right to educational and productive work which is paid and carried out under conditions similar to those established in the legislation applicable to free workers (section 52). With regard to the Committee’s request concerning the possibility for convicted prisoners to work for private entities, the Government indicates that there is no information which refers to this practice.