Abolition of Forced Labour Convention, 1957 (No. 105) - Equatorial Guinea (Ratification: 2001)

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

The Committee notes with deep concern that the Government’s report has not been received since 2006. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Impact of compulsory prison labour on the application of the Convention. In its previous comments, the Committee requested the Government to provide information on the penal legislation, including in relation to the execution of sentences and the penitentiary system, and to indicate whether prison labour is compulsory for convicts. In this regard, the Committee notes that, in accordance with section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, prison work is voluntary as a means for convicts to redeem their sentences. The Committee notes that in its 2019 response to the list of issues raised by the United Nations Human Rights Committee, the Government indicates that the Ministry of Justice, Religion and Prisons has established a National Codification Commission to undertake the necessary action for the development of a new criminal code and a code of criminal procedure (CCPR/C/GNQ/Q/Add.1, paragraph 11). In this context, the Committee requests the Government to indicate whether the provisions of section 100 of the Penal Code of 1963 continue to be in force, to provide information on the legislative framework governing prison labour and to confirm that, in practice, persons convicted to prison sentences or other types of penalties are not subject to forced labour.

The Committee also draws the Government’s attention to the fact that penal sanctions that involve forced labour, including compulsory prison labour and sentences involving work of general interest, fall within the scope of the application of the Convention when they are imposed as a punishment for persons who have expressed political views or views opposed to the established political, social or economic system, or who have participated in strikes. The Committee hopes that, in the context of the process of reforming the national criminal legislation, the obligations derived from the Convention will be taken into account.

Article 1(c). Disciplinary sanctions applicable to seafarers. The Committee requests the Government to provide information on the legislation applicable to the disciplinary system for seafarers so that it can examine its compatibility with the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2005.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2005.The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that, for the ninth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report.

Request of legislation. The Committee notes that, under section 13(b) and (k) of the Fundamental Law, all citizens have the right to express freely thoughts, ideas and opinions, as well as to freedom of association, assembly and demonstration. It also notes that, under section 10 of the Fundamental Law, the right to strike is recognized and exercised under the conditions provided for in the Law.

So that it may assess the application of the Convention, the Committee requests the Government to provide a copy of the Penal Code, the legislation relating to the execution of sentences and the penitentiary system, as well as the legislation in force concerning freedom of the press and the legislation governing freedom of association, assembly and demonstration. The Committee requests the Government to indicate whether prison labour is compulsory for convicts.