Abolition of Forced Labour Convention, 1957 (No. 105) - Ghana (Ratification: 1958)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing views opposed to the established social system. The Committee notes from the press release of 17 February 2022 of the Parliament of Ghana that the Promotion for Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, is currently under consideration by the Parliament. The Committee observes that the objective of the Bill, according to its preamble, is to provide for “proper human sexual rights and Ghanaian family values” including by proscribing propaganda of, advocacy for or promotion of LGBTTQQIAAP+ (Lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex, asexual/aromantic, ally, and pansexual) and related activities. According to section 12 of the Bill, any person who engages in or participates in an activity that promotes or supports sympathy or a change on public opinion towards LGBTTQQIAAP+ and related activities commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years. Furthermore, pursuant to section 16 of the Bill a person who directly or indirectly forms, organizes, promotes the formation or organization of, or participates in activity to support or sustain a group, society or association that supports acts prohibited by the Bill is liable to imprisonment from 6 to 10 years.

The Committee observes that the memorandum that explains the legislative proposal that “LGBTTQQIAAP+ activities threaten the concept of family and the associated value systems that are central to the social structure of all ethnic groups in Ghana”. The Committee recalls in this respect that the Convention protects persons who express views opposed to the established social system by prohibiting their punishment with sanctions involving compulsory labour, including compulsory prison labour. Therefore, the Committee hopes that this principle and the obligations under the Convention will be taken into account during the consideration of the above-mentioned provisions of the Bill by the Parliament and requests the Government to provide information on any development in this regard.

Article 1(b). Imposition of forced labour as a method of mobilizing and using labour for purposes of economic development. National Service Scheme. The Committee notes that, according to the information available on the official website of the Ghana National Service Scheme, for the period 2022/2023 a total of 115,240 citizens have been enrolled to undertake their mandatory national service. The Committee observes that National Service is established in the Ghana National Service Scheme Act, 1980 (Act 426), which provides for the obligation of every citizen of Ghana, who has attained the age of 18 years or more, to engage full time in national service for a period of two years in different fields, as decided by the National Service Board, including agriculture, cooperatives, education, health, local government, military, rural development (including surveying, physical planning, civil engineering, and rural industries), youth programmes and any other field that the Board may prescribe from time to time (sections 2, 3 and 4). Furthermore, according to section 28 of the Act, the person who refuses or fails without reasonable cause to comply with any direction given by the National Service Board shall be guilty of an offence and shall be liable, on summary conviction, to a fine or to a term of imprisonment not exceeding five years or to both.

The Committee observes from the above, that the Ghana National Service Scheme consists of: (i) a system of compulsory labour imposed on all citizens of Ghana for a period of two years; (ii) whose purpose is that such citizens work full time in any of the different sectors of the national economy (as decided by the corresponding authority), and (iii) that failure to engage in such service may constitute an offence punishable by penal sanctions. While the Committee understands that one of the main objectives of the national service scheme (as indicated in its official website) is to provide young persons the opportunity to develop skills through practical training, the scheme, considering its characteristics and scope, would also constitute a system of mobilization of labour for national economic development purposes. In this regard, the Committee recalls that the Convention calls for the suppression of any form of compulsory labour as a method of mobilizing and using labour for purposes of national economic development. Therefore, the Committee requests the Government to provide detailed information on the current functioning of the National Service Scheme, including the recruitment process, the duration of the services, type of tasks assigned to the persons, the fields currently covered by the scheme, and the number of persons who have been sanctioned for refusing to engage in the national service.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously requested the Government to take measures to review the following provisions of the Merchant Shipping Act, 2003 (ACT 645), which provide for disciplinary offences punishable with penal sanctions involving compulsory prison labour (by virtue of section 42(1) of the Prison Service Act,1972):

• –Section 168(1)(b): the seafarer or apprentice who wilfully disobeys any lawful command is liable to imprisonment for a term not exceeding one month.
• –Section 168(1)(e): the seafarer or apprentice who conspires with any member of a crew to disobey any lawful command, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage is liable to a fine or imprisonment for a term not exceeding six months or to both.
• –Section 169(1): the seafarer or the apprentice who deserts ship is liable to imprisonment for a term not exceeding two months.
• –Section 169(2): the seafarer or apprentice who neglects or refuses without reasonable cause to join the ship, proceed to sea on the ship, is absent without leave at any time within the period of 24 hours immediately before the ship sails or at any time from the ship or duty without sufficient reason is liable to a term of imprisonment not exceeding two months.

The Committee notes that the Government indicates in its report that the above-mentioned provisions have not been enforced in the country against any seafarer for breach of labour discipline. The Government adds that provisions have been made in the 2023 workplan of the Ghana Maritime Authority to review the Ghana Shipping Act. The Committee recalls in this regard that Article 1(c) of the Convention prohibits the imposition of sanctions involving compulsory labour in respect of breaches of labour discipline. Sanctions involving an obligation to perform work may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee once again requests the Government to take the necessary measures to review, without delay, sections 168(1)(b) and (e), and 169(1) and (2) of the Merchant Shipping Act so as to ensure that the law is in conformity with the Convention and the indicated practice.

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

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

Article 1(a) of the Convention. Sanctions involving compulsory labour for violations of legislation on the press and communications. In its previous comments, the Committee noted that section 3 of the Newspaper Licensing Decree, 1973 which establishes penal sanctions involving compulsory labour for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing, is incompatible with Article 1(a) of the Convention. The Committee requested the Government to indicate whether or not the Newspaper Licensing Decree of 1973 had been amended.

The Committee notes with interest the Government’s indication in its report that the Newspaper Licensing Decree of 1973 has been repealed by the Newspaper Licensing (Repeal) Decree of 1979. Moreover, newspaper licensing is not required as per section 162(3) of the Constitution of 1992 which states that “there shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information”.

Article 1(c). Disciplinary measures applicable to seafarers. In its previous comments the Committee observed that the penal sanctions for disciplinary offences under the Merchant Shipping Act No. 645 of 2003 involved compulsory prison labour. It noted that according to section 168(1)(b) and (e), seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months. The Committee requested the Government to take the necessary measures to review the above provisions.

The Committee notes the Government’s statement that measures are under way to review the Merchant Shipping Act of 2003. In this regard, referring to its General Survey on the fundamental Conventions, 2012, paragraph 312, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to review sections 168(1)(b)(e) and 169(1) and (2) of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. Over a number of years, the Committee has been referring to certain provisions of the legislation under which penal sanctions involving compulsory prison labour (pursuant to section 42 of the Prisons Service Decree) may be imposed in situations covered by Article 1(a) of the Convention, such sanctions being therefore incompatible with the Convention, namely:

• – section 182A of the Criminal Code (prohibition of certain organizations);
• – section 183A of the Criminal Code (publication of any matter insulting to the President);
• – section 183(3)–(5) of the Criminal Code and section 21 of the Aliens Act, 1963 (seditious offences);
• – section 183(2) of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973 (violations of legislation on publication and distribution of periodicals and licensing requirements for publishing); and
• – sections 9(1)(a); (f) and (j); 9(2)(d) and (c), and 16(2)–(4) of the Public Tribunals Law, 1984

The Committee notes with interest the repeal of sections 182A; 183; 183A and 185 of the Criminal Code by the Amendment Act of 2001 (Criminal Libel and Seditious Libel Laws) (Act 602), as well as the Aliens Act, 1963 (Act 160) by the Immigration Act, 2000 (Act 573). The Committee further takes due note that section 120 of the Court Act, 1993 (Act 549) repeals the Public Tribunals Law, 1984 (PNDCL 78).

Legislation on the press and communications. The Committee requests the Government to indicate whether or not the Newspaper Licensing Decree of 1973 has been amended. If it has been amended, please provide a copy of the updated Decree.

Article 1(c). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 under which penal sanctions involving compulsory prison labour may be imposed on seafarers for disciplinary offences. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes note of the Merchant Shipping Act 645, of 2003. It observes that under section 168(1)(b) and (e) seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months.

Referring to its 2012 General Survey on the fundamental Conventions (paragraph 312), the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee therefore requests the Government to take the necessary measures to review the abovementioned sections of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour.

Article 1(d). Sanctions involving compulsory labour as punishment for having participated in strikes. Over a number of years, the Committee has been referring to section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes) under which penal sanctions involving compulsory prison labour may be imposed. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes due note of the Government’s indication that participating in a strike or certain strikes are not punishable by penal sanctions involving the exaction of compulsory labour. In this regard, the Committee notes that pursuant to the Labour Act, 2003, penalties of imprisonment may not be imposed for peaceful participation in strike action.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. Over a number of years, the Committee has been referring to certain provisions of the legislation under which penal sanctions involving compulsory prison labour (pursuant to section 42 of the Prisons Service Decree) may be imposed in situations covered by Article 1(a) of the Convention, such sanctions being therefore incompatible with the Convention, namely:

• -section 182A of the Criminal Code (prohibition of certain organizations);
• -section 183A of the Criminal Code (publication of any matter insulting to the President);
• -section 183(3)–(5) of the Criminal Code and section 21 of the Aliens Act, 1963 (seditious offences);
• -section 183(2) of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973 (violations of legislation on publication and distribution of periodicals and licensing requirements for publishing); and
• -sections 9(1)(a); (f) and (j); 9(2)(d) and (c), and 16(2)–(4) of the Public Tribunals Law, 1984

The Committee notes with interest the repeal of sections 182A; 183; 183A and 185 of the Criminal Code by the Amendment Act of 2001 (Criminal Libel and Seditious Libel Laws) (Act 602), as well as the Aliens Act, 1963 (Act 160) by the Immigration Act, 2000 (Act 573). The Committee further takes due note that section 120 of the Court Act, 1993 (Act 549) repeals the Public Tribunals Law, 1984 (PNDCL 78).

Legislation on the press and communications. The Committee requests the Government to indicate whether or not the Newspaper Licensing Decree of 1973 has been amended. If it has been amended, please provide a copy of the updated Decree.

Article 1(c). Disciplinary measures applicable to seafarers. Over a number of years, the Committee has been referring to sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 under which penal sanctions involving compulsory prison labour may be imposed on seafarers for disciplinary offences. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes note of the Merchant Shipping Act 645, of 2003. It observes that under section 168(1)(b) and (e) seafarers may be imprisoned for one month and six months, respectively, if guilty of wilful disobedience and neglect of duty, and that under section 169(1) and (2) of the same Act, deserting seafarers or seafarers absent without leave may be imprisoned for two months.

Referring to its 2012 General Survey on the fundamental Conventions (paragraph 312), the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of compulsory labour as a means of labour discipline, as the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Such sanctions may be imposed only in cases where the safety of the ship or the life or health of the persons on board is endangered. The Committee therefore requests the Government to take the necessary measures to review the abovementioned sections of the Merchant Shipping Act with a view to ensuring that breaches of labour discipline, which do not endanger the safety of the vessel or the life or health of persons on board, are not punishable with a prison sentence involving compulsory labour.

Article 1(d). Sanctions involving compulsory labour as punishment for having participated in strikes. Over a number of years, the Committee has been referring to section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes) under which penal sanctions involving compulsory prison labour may be imposed. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee takes due note of the Government’s indication that participating in a strike or certain strikes are not punishable by penal sanctions involving the exaction of compulsory labour. In this regard, the Committee notes that pursuant to the Labour Act, 2003, penalties of imprisonment may not be imposed for peaceful participation in strike action.

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

The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12–30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. In its earlier comments, the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 163–165 of the Committee’s General Survey of 2007 on the eradication of forced labour.

The Committee noted that, under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2(2) of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

The Committee previously noted that, under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d). In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c)–(d) of the Convention, and that the Government will report on the action taken.

The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2)–(4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c)–(d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

• – section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;
• – section 9(1)(j), concerning false information; and
• – section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

The Government has previously indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12–30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 163–165 of the Committee’s General Survey of 2007 on the eradication of forced labour.

The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2(2) of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d). In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c)–(d) of the Convention, and that the Government will report on the action taken.

The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2)–(4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c)–(d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

• – section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;
• – section 9(1)(j), concerning false information; and
• – section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

The Government has previously indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12–30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112–113 of the Committee’s General Survey of 1968 on forced labour.

The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2(2) of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138–140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d). In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c)–(d) of the Convention, and that the Government will report on the action taken.

The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2)–(4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c)–(d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

• – section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;
• – section 9(1)(j), concerning false information; and
• – section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

The Government has previously indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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:

The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12–30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112–113 of the Committee’s General Survey of 1968 on forced labour.

The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2(2) of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138–140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d).  In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21–22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c)–(d) of the Convention, and that the Government will report on the action taken.

The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2)–(4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c)–(d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

–      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

–      section 9(1)(j), concerning false information; and

–      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

The Government has previously indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

2. The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1, subparagraph a, of the Convention. 2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s General Survey of 1968 on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138–140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1 subparagraphs c and d. 7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

–      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

–      section 9(1)(j), concerning false information; and

–      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. 2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s General Survey of 1968 on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138–140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3)–(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d). 7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2)–(4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

–      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

–      section 9(1)(j), concerning false information; and

–      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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 matters raised in its previous direct request, which read as follows:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. 2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s 1968 General Survey on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a)–(c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138–140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d). 7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

–      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

–      section 9(1)(j), concerning false information; and

–      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s 1968 General Survey on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a “special event” or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term “not national in character” (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning “special events” (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

–      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

–      section 9(1)(j), concerning false information; and

–      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its observation on the following matters.

Article 1(a), (c) and (d) of the Convention

1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that no report has been received from the Government. 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:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s 1968 General Survey on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-  section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-  section 9(1)(j), concerning false information; and

-  section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention

1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. 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:

Referring to its observation, the Committee hopes that the next report will include full information on the matters raised in its previous direct request, which concerned the following matters:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s 1968 General Survey on forced labour.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty. It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-  section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-  section 9(1)(j), concerning false information; and

-  section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention

1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action.

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

Referring to its observation, the Committee hopes that the next report will include full information on the matters raised in its previous direct request, which concerned the following matters:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee’s 1968 General Survey on forced labour.[1]

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedoms of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, section 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1)(b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government’s statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-      section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-      section 9(1)(j), concerning false information; and

-      section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

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

The Committee notes the information provided by the Government in reply to its earlier comments.

Article 1(a), (c) and (d) of the Convention

1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government’s statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its report received in 1996 that the National Advisory Committee on Labour concluded discussions on the Committee of Experts’ comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its reports received in 1999 and 2001, the Government has indicated that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour has been halted in view of the proposed review and codification of the labour laws. It has also indicated that the tripartite National Forum that includes representatives of the Attorney-General’s Office, the National Advisory Committee on Labour and the employers’ and workers’ organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention.

The Government indicates in its latest report that the National Forum has already codified all the country’s labour laws into a single labour bill, which is being considered by the Cabinet and will be forwarded to Parliament to be passed into law. The Committee expresses firm hope that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to its observation, the Committee hopes that the Government's next report will include full information on the matters raised in its previous direct request, which concerned the following matters:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future report copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee's 1968 General Survey on forced labour.

These paragraphs read as follows:

112. In many countries, associations may be freely established and may develop their activities without interference from the authorities. Certain formal requirements relating to registration may exist, but without having the effect of making an association subject to prior approval. Although associations may become illegal if they engage in specific criminal activities, the relevant penal legislation is not worded in terms which would prevent either individuals or groups of individuals from expressing their views or engaging in peaceable political activity.

113. In a number of countries, however, restrictions of varying severity exist on the possibility for individuals to constitute organized groups. In some countries, all political parties and activities of a party-political nature have been prohibited, subject to penalties involving an obligation to perform labour. In certain other cases, a similar prohibition applies to all parties or associations of a political character other than a specified national movement or party. Legislation may also prohibit particular kinds of groups or associations, for example, those aimed at impairing the existing social order, or associations or groups of a communist character. In so far as these various provisions are enforced by penalties involving an obligation to perform labour, their practical application might permit the imposition of forced or compulsory labour within the meaning of the 1957 Convention. This possibility may also arise where the public authorities enjoy wide discretionary powers to prohibit associations on general grounds such as national interest, public policy, welfare or good order. It is to be noted that the legislation in question sometimes contains very extensively worded penal provisions for activities related to a prohibited organization. Even where the dissolution of associations is pronounced by a court and in accordance with due process of law, it may be necessary to obtain information on the practical application of the relevant provisions and on the consequences which the prohibition of a particular party or association may have on the right of individuals to express ideological and political views and to engage in peaceable political activity, so as to ensure that no penalties involving any form of forced or compulsory labour may be imposed in circumstances covered by the Convention.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29, read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedom of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3)-(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-- section 9(1)(j), concerning false information;

-- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(a), (c) and (d) of the Convention

1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. Having requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention, the Committee noted the Government's statement that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and that it was the wish of the Government to bring the legislation concerned into conformity with the Convention. The Government also indicated in its previous report that the National Advisory Committee on Labour concluded discussions on the Committee of Experts' comments and submitted recommendations to the Minister in March 1994 designed to bring domestic legislation into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments.

In its latest report, the Government indicates that the action of the Attorney-General to bring the legislation into conformity with the Convention in accordance with the recommendations of the National Advisory Committee on Labour had been halted in view of the proposed review and codification of the labour laws. It states that the tripartite National Forum that includes representatives of the Attorney-General's Office, the National Advisory Committee on Labour and the employers' and workers' organizations, would consider the comments made by the Committee of Experts regarding the application of the Convention. The Committee therefore trusts that the necessary action will at last be taken on the various points which are once again recalled in detail in a request addressed directly to the Government.

2. The Committee previously noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which gave rise to a number of questions under the Convention that are also reiterated in the request addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its observation, the Committee hopes that the next report will include full information on the matters raised in its previous direct request, which concerned the following matters:

1. The Committee has noted the provisions of the Emergency Powers Act, 1994. It notes that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. 2. In its previous comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee's 1968 General Survey on forced labour. (Endnote 1)

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedom of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the above-mentioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d). 7. In its previous comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-- section 9(1)(j), concerning false information;

-- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.

ENDNOTES Endnote 1

These paragraphs read as follows:

112. In many countries, associations may be freely established and may develop their activities without interference from the authorities. Certain formal requirements relating to registration may exist, but without having the effect of making an association subject to prior approval. Although associations may become illegal if they engage in specific criminal activities, the relevant penal legislation is not worded in terms which would prevent either individuals or groups of individuals from expressing their views or engaging in peaceable political activity.

113. In a number of countries, however, restrictions of varying severity exist on the possibility for individuals to constitute organized groups. In some countries, all political parties and activities of a party-political nature have been prohibited, subject to penalties involving an obligation to perform labour. In certain other cases, a similar prohibition applies to all parties or associations of a political character other than a specified national movement or party. Legislation may also prohibit particular kinds of groups or associations, for example, those aimed at impairing the existing social order, or associations or groups of a communist character. In so far as these various provisions are enforced by penalties involving an obligation to perform labour, their practical application might permit the imposition of forced or compulsory labour within the meaning of the 1957 Convention. This possibility may also arise where the public authorities enjoy wide discretionary powers to prohibit associations on general grounds such as national interest, public policy, welfare or good order. It is to be noted that the legislation in question sometimes contains very extensively worded penal provisions for activities related to a prohibited organization. Even where the dissolution of associations is pronounced by a court and in accordance with due process of law, it may be necessary to obtain information on the practical application of the relevant provisions and on the consequences which the prohibition of a particular party or association may have on the right of individuals to express ideological and political views and to engage in peaceable political activity, so as to ensure that no penalties involving any form of forced or compulsory labour may be imposed in circumstances covered by the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report contains no new information in reply to previous comments, concerning the following matters.

Article 1(a), (c) and (d) of the Convention. 1. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee also requested the Government to supply information on the practical application of a number of legislative provisions.

2. In its report received in January 1994 the Government stated that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and it was the wish of the Government to bring the legislation concerned into conformity with the Convention and to inform the ILO accordingly through its next report on the subject. In its report received in 1996, the Government indicated that the National Advisory Committee on Labour concluded discussions on the Committee of Experts' previous comments and had submitted recommendations to the Minister in March 1994: the Government desired to bring local laws into conformity with ILO standards, and the comments of the Committee of Experts had been submitted to the Attorney-General for a closer study and expert comments. It was hoped that the Attorney-General's response would be received in time for incorporation in the next report. The Committee hopes that the necessary action will at last be taken on the various points which are once more recalled in detail in a request addressed directly to the Government.

3. The Committee has noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which give rise to a number of questions under the Convention that are also set out in the request addressed directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Referring also to its observation under the Convention, the Committee hopes that the Government will take the necessary action and provide the information required on the following points.

1. The Committee has noted the provisions of the Emergency Powers Act, 1994. It notes that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment shall be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. 2. In its previous comments the Committee had referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee had accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee's 1968 General Survey on forced labour.

(These paragraphs read as follows:

112. In many countries, associations may be freely established and may develop their activities without interference from the authorities. Certain formal requirements relating to registration may exist, but without having the effect of making an association subject to prior approval. Although associations may become illegal if they engage in specific criminal activities, the relevant penal legislation is not worded in terms which would prevent either individuals or groups of individuals from expressing their views or engaging in peaceable political activity.

113. In a number of countries, however, restrictions of varying severity exist on the possibility for individuals to constitute organized groups. In some countries, all political parties and activities of a party-political nature have been prohibited, subject to penalties involving an obligation to perform labour. In certain other cases, a similar prohibition applies to all parties or associations of a political character other than a specified national movement or party. Legislation may also prohibit particular kinds of groups or associations, for example, those aimed at impairing the existing social order, or associations or groups of a communist character. In so far as these various provisions are enforced by penalties involving an obligation to perform labour, their practical application might permit the imposition of forced or compulsory labour within the meaning of the 1957 Convention. This possibility may also arise where the public authorities enjoy wide discretionary powers to prohibit associations on general grounds such as national interest, public policy, welfare or good order. It is to be noted that the legislation in question sometimes contains very extensively worded penal provisions for activities related to a prohibited organization. Even where the dissolution of associations is pronounced by a court and in accordance with due process of law, it may be necessary to obtain information on the practical application of the relevant provisions and on the consequences which the prohibition of a particular party or association may have on the right of individuals to express ideological and political views and to engage in peaceable political activity, so as to ensure that no penalties involving any form of forced or compulsory labour may be imposed in circumstances covered by the Convention.)

3. The Committee notes that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedom of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition on such general terms such as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c)) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the above-mentioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Recalling the establishment of a Human Rights Commission, the Committee asks the Government to provide a copy of the annual report on the activities of this Commission.

Article 1(c) and (d). 7. In its previous comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that under section 9(2)(d) of the Public Tribunals Law, 1984, any person who intentionally did or does any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana shall be guilty of an offence; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, shall be guilty of an offence; under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

- section 9(1)(j), concerning false information;

- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any court decisions made thereunder.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 1(a), (c) and (d) of the Convention. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions.

In its report received in January 1994 the Government stated that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and it was the wish of the Government to bring the legislation concerned into conformity with the Convention and to inform the ILO accordingly through its next report on the subject. In its latest report, received in October 1996, the Government indicates that the National Advisory Committee on Labour concluded discussions on the Committee of Experts' previous comments and had submitted recommendations to the Minister in March 1994, and that in line with the Government's desire to bring local laws into conformity with ILO standards, the present comments of the Committee of Experts have been submitted to the Attorney-General for a closer study and his expert comments. It is hoped that the Attorney-General's response will be received in time for incorporation in the next report.

The Committee takes due note of these indications. It hopes that the necessary action will at last be taken on the various points which are once more recalled in detail in a request addressed directly to the Government.

2. The Committee has noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which give rise to a certain number of questions under the Convention that are also set out in the request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring also to its observation under the Convention, the Committee hopes that the Government will take the necessary action and provide the information required on the following points.

1. The Committee has noted the provisions of the Emergency Powers Act, 1994. It notes that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment shall be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future reports copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention. 2. In its previous comments the Committee had referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee had accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee's 1968 General Survey on forced labour. (Endnote 1)

3. The Committee notes that under section 9 of the Public Order Act, 1994, and section 29 read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedom of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition on such general terms such as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c)) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the above-mentioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Recalling the establishment of a Human Rights Commission, the Committee asks the Government to provide a copy of the annual report on the activities of this Commission.

Article 1(c) and (d). 7. In its previous comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that under section 9(2)(d) of the Public Tribunals Law, 1984, any person who intentionally did or does any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana shall be guilty of an offence; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, shall be guilty of an offence; under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

- section 9(1)(j), concerning false information;

- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any court decisions made thereunder.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 1(a), (c) and (d) of the Convention. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act, 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act, 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions.

In its latest report, the Government states that there is no change, the National Advisory Committee on labour is discussing the comments of the Committee of Experts, but it is the wish of the Government to bring the legislation concerned into conformity with the Convention and to inform the ILO accordingly through its next report on the subject. The Committee takes due note of this indication and trusts that the necessary action will now be taken on the various points which are once more recalled in detail in a request addressed directly to the Government.

2. The Committee has noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which give rise to a certain number of questions under the Convention that are also set out in the request addressed directly to the Government.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring also to its observation under the Convention, the Committee hopes that the Government will provide information on the following matters raised previously:

Article 1(a) of the Convention

1. In comments made for a number of years, the Committee observed that prison sentences (involving an obligation to perform labour) may be imposed under section 182A of the Criminal Code, concerning certain activities in connection with prohibited organizations and section 183(2) of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973, concerning publication and distribution of periodicals and licensing requirements for publishing.

Referring to the explanations provided in paragraphs 138 to 140 of its 1979 General Survey on the Abolition of Forced Labour, the Committee again expresses the hope that the necessary measures will soon be taken to bring the legislation concerned into conformity with Article 1(a) of the Convention and that the Government will supply information on the measures adopted.

2. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d)

3. In its previous comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

4. The Committee noted that under section 9(2)(d) of the Public Tribunals Law, 1984, any person who intentionally did or does any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana shall be guilty of an offence; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, shall be guilty of an offence; under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the Abolition of Forced Labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information also on their practical application, including copies of any court decisions made thereunder.

5. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

- section 9(1)(j), concerning false information;

- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any court decisions made thereunder.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the coming into force on 7 January 1993 of a new Constitution which prohibits forced labour and provides for the protection of fundamental human rights, including the right to freedom of speech and expression, freedom of assembly, of association and freedom to participate in political parties (Articles 16 and 21). The Committee notes that any enactment or rule of law in force before the coming into force of the Constitution continues in force as if enacted, issued or made under the authority of the Constitution in so far as it is not inconsistent with a provision of the Constitution (Transitional Provisions, Article 36).

The Committee recalls that it has been commenting for a number of years on provisions of the Criminal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions. The Government previously stated that the Committee's comments were being discussed in the Tripartite National Advisory Committee on Labour.

The Committee notes the Government's information in its latest report that the issue is still under consideration and that opinions have been sought from competent bodies. The Committee hopes that the Government will re-examine the above-mentioned provisions in the light of the new Constitution and the provisions of the Convention and that it will provide detailed information on the measures taken or envisaged to bring legislation into conformity with the Convention.

The Committee again addresses a request directly to the Government on the application in practice of a certain number of provisions to which it also referred previously.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no answers to the questions raised in its previous direct requests. The Committee 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:

Article 1(a) of the Convention

1. In comments made for a number of years, the Committee observed that prison sentences which involve an obligation to perform labour may be imposed under section 182A of the Criminal Code, concerning certain activities in connection with prohibited organisations and section 183 of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973, concerning publication and distribution of periodicals and licensing requirements for publishing.

Referring to the explanations provided in paragraphs 138 to 140 of its 1979 General Survey on the Abolition of Forced Labour, the Committee hopes that the necessary measures will soon be taken to bring the legislation concerned into conformity with Article 1(a) of the Convention and that the Government will supply information on the measures adopted.

2. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d)

3. In its previous comments, the Committee noted that penalties of imprisonment involving compulsory labour may be imposed under section 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention are being considered. Recalling that in earlier reports the Government had stated that no offences have been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

4. The Committee noted that under section 9(2)(d) of the Public Tribunals Law, 1984, any person who intentionally did or does any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana shall be guilty of an offence; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, shall be guilty of an offence; under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving compulsory labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the Abolition of Forced Labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information also on their practical application, including copies of any tribunal decisions made thereunder.

5. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

- section 9(1)(j), concerning false information;

- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee requests the Government to supply information also on their practical application, including any tribunal decisions made thereunder.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report.

In comments made for a number of years, the Committee referred to various provisions of the Penal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions.

For many years the Government has indicated in its reports that these matters were under consideration. In its report for 1983-85, the Government stated that the Tripartite National Advisory Committee on Labour was reconstituted on 23 July 1985 and would give serious consideration to the Committee's observations. In a report received in November 1988 the Government indicated that the same body was still being reconstituted and comments would be promptly dealt with as soon as it resumed sitting and in a report received in June 1988, the Government also indicated that information had been requested from various public authorities. In its latest reports received in June 1990 and February 1991, the Government states that the Committee's comments are being discussed by the aforementioned National Advisory Committee on Labour.

The Committee trusts that the necessary concrete action will at last be taken, and that the Government will soon provide detailed information both on the measures taken to bring national legislation into conformity with the Convention and on the application in practice of provisions again listed in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. 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:

Article 1(a) of the Convention

1. In comments made for a number of years, the Committee observed that prison sentences which involve an obligation to perform labour may be imposed under section 182A of the Criminal Code, concerning certain activities in connection with prohibited organisations and section 183 of the Criminal Code and section 3 of the Newspaper Licensing Decree, 1973, concerning publication and distribution of periodicals and licensing requirements for publishing.

Referring to the explanations provided in paragraphs 138 to 140 of its 1979 General Survey on the Abolition of Forced Labour, the Committee hopes that the necessary measures will soon be taken to bring the legislation concerned into conformity with Article 1(a) of the Convention and that the Government will supply information on the measures adopted.

2. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3) to (5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

Article 1(c) and (d)

3. In its previous comments, the Committee noted that penalties of imprisonment involving compulsory labour may be imposed under section 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention are being considered. Recalling that in earlier reports the Government had stated that no offences have been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

4. The Committee notes that under section 9(2)(d) of the Public Tribunals Law, 1984, any person who intentionally did or does any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana shall be guilty of an offence; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, shall be guilty of an offence; under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving compulsory labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the Abolition of Forced Labour, the Committee observes that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee requests the Government to indicate any measures taken or contemplated with regard to the above-mentioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information also on their practical application, including copies of any tribunal decisions made thereunder.

5. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

- section 9(1)(j), concerning false information;

- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatability of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee requests the Government to supply information also on their practical application, including any tribunal decisions made thereunder.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments made for a number of years, the Committee referred to various provisions of the Penal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions. For many years the Government has indicated in its reports that these matters were under consideration. In its report for 1983-85, the Government stated that the Tripartite National Advisory Committee on Labour was reconstituted on 23 July 1985 and would give serious consideration to the Committee's observations. According to the Government's latest report, received in November 1988, the same body was still being reconstituted and comments would be promptly dealt with as soon as it resumed sitting. In a report received in June 1988, the Government also indicated that information had been requested from various public authorities. The Committee is aware that not only the supply of information requested on the application of certain legislative provisions, but also many of the amendments required to bring national legislation into conformity with the Convention call for the co-operation of a number of national authorities not normally concerned with labour matters. As, however, the Committee's comments on most of the points at issue have been known to the Government for many years, the Committee trusts that the necessary concrete action will at last be taken, and that the Government will soon provide detailed information both on the measures taken to bring national legislation into conformity with the Convention and on the application in practice of provisions again listed in a request addressed directly to the Government.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.