Abolition of Forced Labour Convention, 1957 (No. 105) - Gabon (Ratification: 1961)

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

Previous comment

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that, under section 556 of the Code of Criminal Procedure, persons sentenced to imprisonment for acts categorized as crimes or offences under common law are required to perform prison labour. Act No. 22/84 of 29 December 1984 on the prison labour system, stipulates, however, that political prisoners sentenced at the same time for related offences under common law are treated as common law prisoners and, under section 3 of Act No. 22/84, are required to work. In reply to the Committee’s request to amend this provision, the Government once again indicates in its report that a bill amending Act No. 22/84 on the prison labour system was sent to the competent bodies. The Government states that it will take into account the observations made by the Committee.

The Committee also previously noted that certain provisions of the Criminal Code of 1963 provided for prison sentences in circumstances falling under the scope of the Convention, and requested the Government to indicate whether these provisions were applied in practice and, if not, to clarify the status of prisoners sentenced under these provisions (political prisoners or common law prisoners). The Committee notes that these provisions are maintained in Act No. 042/2018 of 5 July 2019 on the Criminal Code, as amended. The provisions in question are:

• sections 88 to 90 concerning propaganda intended to undermine public order, which provide for prison sentences of up to five years;
• section 93 on the spreading of false news;
• sections 158 to 161 concerning insulting behaviour towards officials in authority and officers of the law, which provide, in particular, for prison sentences of up to five years for insulting behaviour towards the President of the Republic;
• section 212, which provides for prison sentences of up to two years for offences against public decency; and
• sections 284 and 286, which provide for prison sentences of up to one year in the case of defamation and up to six months for cases of slander.

Noting the Government’s indication for several years that a bill to amend Act No. 22/84 of 29 December 1984 on the prison labour system is in the process of being adopted, the Committee requests the Government to take the necessary measures for the adoption of the Act, in order to ensure that political prisoners and prisoners of conscience sentenced at the same time for related offences under common law are not treated as common law prisoners and, thus, are not required to perform labour in prison. The Committee also once again requests the Government to provide information on the application in practice of the aforementioned sections of the Criminal Code, and to specify, where possible, the number and nature of the penalties imposed, the acts alleged, and the status of prisoners sentenced under these provisions (political prisoners or prisoners of conscience sentenced for offences under common law).

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

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.

Repetition

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under sections 2 and 3 of Act No. 22/84 of 29 December 1984 establishing the prison labour system, political prisoners convicted at the same time for related offences under common law are treated as common law prisoners and are therefore required to work. The Government indicated, in this regard, that a text aimed at amending the above Act was in the process of being adopted. The Committee also noted the Government’s indication that there have not been political prisoners in Gabon since 1990. The Committee notes that, according to the Government’s report, the bill amending Act No. No. 22/84 of 19 December 1984 on the prison labour system was transmitted to the competent bodies for review and prior opinion of the State Council, before being submitted to Parliament. The Committee welcomes the adoption of Act No. 019/2016 of 9 August 2016 issuing the Communication Code of Gabon, which replaces the former Code of Audiovisual, Cinematographic and Written Communication of Gabon of 2001, and no longer provides for prison sentences for offences against press laws. The Committee notes, however, that under the Criminal Code prison sentences including compulsory labour can be handed down in circumstances falling under the present provisions of the Convention. The provisions in question are:-sections 158 to 161, concerning insulting behaviour towards officials in authority and officers of the law, which provide for imprisonment ranging from one to ten years in cases of insults against the President or his or her spouse;-section 212, which provides for imprisonment of between one month and two years in cases of offending public decency;-sections 284 and 286, which provide for imprisonment of between one month and one year in cases of defamation and abuse.

Referring to its 2012 General Survey on the Fundamental Conventions (paragraph 302), the range of activities which must be protected from penalties involving forced or compulsory labour, within the meaning of Article 1(a)of the Convention, comprise those which are carried out within the context of the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media).The Committee firmly hopes that the bill on the prison labour system will be adopted shortly to ensure that political prisoners or prisoners of conscience sentenced at the same time for related offences under common law are not treated as common law prisoners and are consequently not obliged to work. The Committee also requests the Government to indicate whether the above sections of the Criminal Code are applied in practice and, if so, to specify the status of the prisoners sentenced under these provisions (political prisoners or prisoners sentenced under common law).

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

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under sections 2 and 3 of Act No. 22/84 of 29 December 1984 establishing the prison labour system, political prisoners convicted at the same time for related offences under common law are treated as common law prisoners and are therefore required to work. The Government indicated, in this regard, that a text aimed at amending the above Act was in the process of being adopted. The Committee also noted the Government’s indication that there have not been political prisoners in Gabon since 1990.

The Committee notes that, according to the Government’s report, the bill amending Act No. No. 22/84 of 19 December 1984 on the prison labour system was transmitted to the competent bodies for review and prior opinion of the State Council, before being submitted to Parliament.

The Committee welcomes the adoption of Act No. 019/2016 of 9 August 2016 issuing the Communication Code of Gabon, which replaces the former Code of Audiovisual, Cinematographic and Written Communication of Gabon of 2001, and no longer provides for prison sentences for offences against press laws.

The Committee notes, however, that under the Criminal Code prison sentences including compulsory labour can be handed down in circumstances falling under the present provisions of the Convention. The provisions in question are:

• -sections 158 to 161, concerning insulting behaviour towards officials in authority and officers of the law, which provide for imprisonment ranging from one to ten years in cases of insults against the President or his or her spouse;
• -section 212, which provides for imprisonment of between one month and two years in cases of offending public decency;
• -sections 284 and 286, which provide for imprisonment of between one month and one year in cases of defamation and abuse.

Referring to its 2012 General Survey on the Fundamental Conventions (paragraph 302), the range of activities which must be protected from penalties involving forced or compulsory labour, within the meaning of Article 1(a) of the Convention, comprise those which are carried out within the context of the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media). The Committee firmly hopes that the bill on the prison labour system will be adopted shortly to ensure that political prisoners or prisoners of conscience sentenced at the same time for related offences under common law are not treated as common law prisoners and are consequently not obliged to work. The Committee also requests the Government to indicate whether the above sections of the Criminal Code are applied in practice and, if so, to specify the status of the prisoners sentenced under these provisions (political prisoners or prisoners sentenced under common law).

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

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Since the adoption of the Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, the Committee has been drawing the Government’s attention to its section 2(2) according to which political prisoners convicted at the same time for related offences under ordinary law are treated as ordinary prisoners and, by virtue of section 3 of the Act, are required to work.

The Committee notes once again the Government’s indication that there have been no political prisoners in Gabon since 1990, that the text amending Act No. 22/84 is still in the process of being adopted and that it will be forwarded once it has been promulgated. The Committee takes note of Order No. 0018/MJGS/CAB of 15 July 2014 issuing internal regulations for prisons, which maintains the system of compulsory labour for ordinary prisoners, in accordance with the terms of Act No. 22/84. The Committee hopes that the Government will make the necessary amendments to Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, so that prisoners expressing political views or views ideologically opposed to the established political, social or economic system cannot be sentenced to imprisonment entailing the obligation to work.

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

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years the Committee has been drawing the Government’s attention to section 2(2) of Act No. 22/84 of 29 December 1984 establishing the rules on prison labour, according to which political prisoners convicted at the same time for related offences under ordinary law are treated as ordinary prisoners and, by virtue of section 3 of the Act, are required to work. The Government previously recognized the need to amend this provision and, pending that amendment, took measures to prohibit prison labour.

The Committee also noted the 2010 study on the conformity of the national legislation with international labour standards, conducted in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), which proposed that Act No. 22/84 of 29 December 1984 establishing the rules on prison labour should be amended.

The Committee notes the Government’s indication that there have been no political prisoners in Gabon since 1990 and a draft act/ordinance aimed at amending Act No. 22/84 is being drawn up. It also indicates that, in the context of aligning its legislation to the provisions of the present Convention, Act No. 36/2010 of 25 November 2010 issuing the Code of Criminal Procedure has been promulgated. The Committee refers in this regard to its comments relating to the Forced Labour Convention, 1930 (No. 29). It notes that section 527 of the Code of Criminal Procedure provides that persons held in pre-trial detention are not under any obligation to work, unless they explicitly request to do so, and that in any case they may not be employed outside the prison.

While noting these indications, the Committee expresses the strong hope that the draft act aimed at amending Act No. 22/84 of 29 December 1984 establishing the rules on prison labour will be adopted in the near future, so that political prisoners or prisoners of conscience convicted at the same time for related offences under ordinary law are not treated as ordinary prisoners and are consequently not obliged to work.

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

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to section 2(2) of Act No. 22/84 of 29 December 1984 on prison labour, in terms of which, political prisoners sentenced at the same time for related offences under ordinary law are treated as ordinary prisoners and, by virtue of section 3 of the Act, are required to work. The Government previously recognized the need to amend this provision and, pending that amendment, it had taken measures to prohibit prison labour.

In its latest report, the Government refers to the study on the conformity of the national legislation with international labour standards, carried out in the context of the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC). It indicates that the study, which was validated in July 2010, includes proposals to amend a number of texts, including Act No. 22/84 of 29 December 1984 on prison labour. The Committee hopes that measures will be taken to amend the provisions of section 2 of the Act on prison labour taking into account its previous comments. It emphasizes that, to ensure that this Act is in conformity with the Convention, the amendments may consist of either making prison labour voluntary for all prisoners or, as proposed in the PAMODEC study, of considering that political prisoners or prisoners of conscience sentenced at the same time for related offences under ordinary law are not treated as ordinary prisoners and consequently not obliged to work.

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

Article 1, subparagraph a, of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to the provisions of section 2, second subsection, of Act No. 22/84 of 29 December 1984 on prison labour, under the terms of which political prisoners sentenced at one and the same time for related offences under ordinary law are treated as ordinary law prisoners and, by virtue of section 3 of the Act, are required to work. The Government recognized previously that section 2 of Act No. 22/84 was unclear, indicating that pending the necessary amendment it had taken measures to prohibit prison labour.

In its latest report, the Government indicates that the information sent previously remains valid and that there have been no political prisoners or prisoners of conscience since the advent of democracy in 1990. The Committee requests the Government to indicate whether prison labour is still prohibited and, if so, to provide a copy of the decision so ruling. The Committee hopes that the Government will be in a position to make the necessary amendments to section 2 of the Act on prison labour taking into account the comments it has been making for many years so that it is quite clear from the legislation that persons expressing political views or views ideologically opposed to the established political, social or economic system may not be sentenced to imprisonment involving compulsory labour.

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

Article 1(c) of the Convention. Imposition of a sentence of imprisonment involving the obligation to work as a means of labour discipline. In its previous comments, the Committee requested the Government to amend certain provisions of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), under which breaches of discipline were punishable by imprisonment even where they did not endanger the safety of the vessel or the life or health of persons. In its last report, the Government indicates that the Community Merchant Shipping Code, adopted by the Economic and Monetary Community of Central African States (CEMAC) and in force in Gabon, repeals all national and community provisions that are inconsistent, thereby cancelling the provisions of the 1963 Merchant Shipping Code of Gabon. The Committee takes note of this information and notes with satisfaction that under the Community Merchant Shipping Code, breaches of discipline are not punishable by imprisonment.

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

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For many years, the Committee has been drawing the Government’s attention to the provisions of section 2, second subsection, of Act No. 22/84 of 29 December 1984 on prison labour, under the terms of which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the Act, are obliged to work. The Government indicated previously that, as section 2 of Act No. 22/84 could be ambiguous, it had requested the examination of a Bill introducing a new wording of this section.

In its latest report, the Government confirms the need to amend the above provisions of Act No. 22/84 and indicates that, while awaiting the adoption of these amendments, it has taken measures to prohibit prison labour. The Committee notes this information. It hopes that, when adopting amendments to the provisions of the Act on prison labour, the Government will take into account the comments that it has been making for many years so that it is clear in law that persons convicted for expressing political views or views ideologically opposed to the established political, social or economic system are not compelled to work in prison.

Article (c). Imposition of a sentence of imprisonment involving the obligation to work as a means of labour discipline. In its previous comments, the Committee requested the Government to amend the provisions of section 153(1), (4), (5) and (9) (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), under which certain breaches of discipline by seafarers may be punished by a sentence of imprisonment involving the obligation to work under the terms of Act No. 22/84. The Committee notes that, in its latest report, the Government once again recognizes the need to amend these provisions of the Merchant Shipping Code and adds that, in the meantime, it has prohibited prison labour. Recalling that in the past the Government has referred on several occasions to the process of revision of the Merchant Shipping Code, the Committee trusts that this revision will be undertaken in the very near future so that, in accordance with Article 1(c) of the Convention, no sentence of imprisonment involving the obligation to work can be imposed on seafarers for breaches of discipline that do not endanger the safety of the vessel or the life or health of persons.

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

1. Article 1(c) of the Convention. Imposition of forced labour as a means of labour discipline. For the past few years, the Committee has been drawing the Government’s attention to the need to amend the provisions of section 153(1), (4), (5) and (9) (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) which provide for sanctions of imprisonment for certain breaches of discipline by seafarers. Under Act No. 22/84 of 29 December 1984 on prison labour, persons sentenced to imprisonment are obliged to work. The Committee notes that, in its last report, the Government indicates that these provisions of the Merchant Shipping Code are null and void and are not applied in practice. Given this, the Committee hopes that the Government will take all the necessary measures in order to amend the said provisions of the Merchant Shipping Code, having noted, in particular, that the Government has referred on several occasions to the fact that the Code was undergoing revision. The Committee once again expresses the hope that in the very near future and in accordance with Article 1(c) of the Convention, the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or the life or health of persons.

2. Article 1(a). Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to section 2(2) of Act No. 22/84 of 29 December 1984 on prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the above Act, are obliged to work. The Government stated in this regard that political detainees are not considered as prisoners under ordinary law, even if they are sentenced at the same time for offences under ordinary law. However, the Government considered that the provisions of section 2 of Act No. 22/84 could be ambiguous and had therefore requested that a new draft of that section be studied. In its last report, the Government states that, in practice, this provision has no impact, given that there are no political detainees in Gabon. The Committee notes this information and requests the Government to indicate the measures taken or envisaged in this regard. In the meantime, it requests the Government to provide information on the application of section 2 of Act No. 22/84, including copies of the relevant court decisions, if available. Please state in particular what would be considered to be a political offence.

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

1. Article 1(c) of the Convention. Imposition of forced labour as a means of labour discipline. For the past few years, the Committee has been drawing the Government’s attention to the need to amend the provisions of section 153(1), (4), (5) and (9) (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) which provide for sanctions of imprisonment for certain breaches of discipline by seafarers. Under Act No. 22/84 of 29 December 1984 on prison labour, persons sentenced to imprisonment are obliged to work. The Committee notes that, in its last report, the Government indicates that these provisions of the Merchant Shipping Code are null and void and are not applied in practice. Given this, the Committee hopes that the Government will take all the necessary measures in order to amend the said provisions of the Merchant Shipping Code, having noted, in particular, that the Government has referred on several occasions to the fact that the Code was undergoing revision. The Committee once again expresses the hope that in the very near future and in accordance with Article 1(c) of the Convention, the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or the life or health of persons.

2. Article 1(a). Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to section 2(2) of Act No. 22/84 of 29 December 1984 on prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the above Act, are obliged to work. The Government stated in this regard that political detainees are not considered as prisoners under ordinary law, even if they are sentenced at the same time for offences under ordinary law. However, the Government considered that the provisions of section 2 of Act No. 22/84 could be ambiguous and had therefore requested that a new draft of that section be studied. In its last report, the Government states that, in practice, this provision has no impact, given that there are no political detainees in Gabon. The Committee notes this information and requests the Government to indicate the measures taken or envisaged in this regard. In the meantime, it requests the Government to provide information on the application of section 2 of Act No. 22/84, including copies of the relevant court decisions, if available. Please state in particular what would be considered to be a political offence.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. Article 1(a) of the Convention. The Committee hopes that the Government will envisage appropriate measures to amend Act No. 22/84 regulating prison labour, referred to in its previous direct requests. The Committee recalls that no forced or compulsory labour can be imposed in the cases cited in the Convention and again requests the Government to provide information in respect of the practical application of section 2 of this Act.

2. Article 1(c) and (d). The Committee trusts that the Government will provide useful information concerning any measures taken or envisaged in respect of section 153, paragraphs 1, 4, 5 and 9 (read in conjunction with section 156) of Act No. 22/84 of 29 December 1984, and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), which lays down terms of imprisonment involving compulsory labour for certain breaches of discipline by seafarers.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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.  Article 1(a) of the Convention.  The Committee hopes that the Government will envisage appropriate measures to amend Act No. 22/84 regulating prison labour, referred to in its previous direct requests. The Committee recalls that no forced or compulsory labour can be imposed in the cases cited in the Convention and again requests the Government to provide information in respect of the practical application of section 2 of this Act.

2.  Article 1(c) and (d).  The Committee trusts that the Government will provide useful information concerning any measures taken or envisaged in respect of section 153, paragraphs 1, 4, 5 and 9 (read in conjunction with section 156) of Act No. 22/84 of 29 December 1984, and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), which lays down terms of imprisonment involving compulsory labour for certain breaches of discipline by seafarers.

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

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:

1. Article 1(a). The Committee hopes that the Government will envisage appropriate measures to amend Act No. 22/84 regulating prison labour, referred to in its previous direct requests. The Committee recalls that no forced or compulsory labour can be imposed in the cases cited in the Convention and again requests the Government to provide information in respect of the practical application of section 2 of this Act.

2. Article 1(c) and (d) of the Convention. The Committee trusts that the Government will provide useful information concerning any measures taken or envisaged in respect of section 153, paragraphs 1, 4, 5 and 9 (read in conjunction with section 156) of Act No. 22/84 of 29 December 1984, and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), which lays down terms of imprisonment involving compulsory labour for certain breaches of discipline by seafarers.

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

1. Article 1(a). The Committee hopes that the Government will envisage appropriate measures to amend Act No. 22/84 regulating prison labour, referred to in its previous direct requests. The Committee recalls that no forced or compulsory labour can be imposed in the cases cited in the Convention and again requests the Government to provide information in respect of the practical application of section 2 of this Act.

2. Article 1(c) and (d) of the Convention. The Committee trusts that the Government will provide useful information concerning any measures taken or envisaged in respect of section 153, paragraphs 1, 4, 5 and 9 (read in conjunction with section 156) of Act No. 22/84 of 29 December 1984, and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963), which lays down terms of imprisonment involving compulsory labour for certain breaches of discipline by seafarers.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

Article 1 of the Convention. In its previous comments, the Committee referred to section 2(2) of Act No. 22/84 of 29 December 1984 to organize prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the above Act, are obliged to work.

The Committee noted the Government's statement to the effect that political detainees are not considered as prisoners under ordinary law, even if they are sentenced at the same time for offences under ordinary law. However, the Government considered that the provisions of section 2 of Act No. 22/84 could be ambiguous and had therefore requested that a new draft of that section be studied.

The Committee notes the steps taken by the Ministry of Labour, with the Ministry of the Interior, to reword Act No. 22/84 in the light of the provisions of the Convention and the new Labour Code. The Committee hopes that the Government will supply information on any provisions that have been adopted or are envisaged in this context and on the effect given in practice to section 2 as it now stands, including copies of judicial rulings.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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(c) and (d) of the Convention. In the comments that it has been making for many years, the Committee has noted that under section 153, subsections 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 regulating prison labour. The Committee notes once again the Government's repeated statement in its report to the effect that the Merchant Shipping Code is currently being revised and that the Committee's comments will be taken into account. The Committee once again hopes that the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended.

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

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

Article 1 of the Convention. In its previous comments, the Committee referred to section 2(2) of Act No. 22/84 of 29 December 1984 to organize prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the above Act, are obliged to work.

The Committee noted the Government's statement to the effect that political detainees are not considered as prisoners under ordinary law, even if they are sentenced at the same time for offences under ordinary law. However, the Government considered that the provisions of section 2 of Act No. 22/84 could be ambiguous and had therefore requested that a new draft of that section be studied.

The Committee notes the steps taken by the Ministry of Labour, with the Ministry of the Interior, to reword Act No. 22/84 in the light of the provisions of the Convention and the new Labour Code. The Committee hopes that the Government will supply information on any provisions that have been adopted or are envisaged in this context and on the effect given in practice to section 2 as it now stands, including copies of judicial rulings.

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

Article 1(c) and (d) of the Convention. In the comments that it has been making for many years, the Committee has noted that under section 153, subsections 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 regulating prison labour.

The Committee notes once again the Government's repeated statement in its report to the effect that the Merchant Shipping Code is currently being revised and that the Committee's comments will be taken into account. The Committee once again hopes that the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1 (a) of the Convention. In its previous comments, the Committee referred to section 2(2) of Act No. 22/84 of 29 December 1984 to organise prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3 of the above Act, are obliged to work.

The Committee noted the Government's statement to the effect that political detainees are not considered as prisoners under ordinary law, even if they are sentenced at the same time for offences under ordinary law. However, the Government considered that the provisions of section 2 of Act No. 22/84 could be ambiguous and had therefore requested that a new draft of that section be studied.

The Committee notes that the Government's last report does not contain information in this respect. The Committee hopes that the Government will supply information on any provisions that have been adopted or are envisaged in this context and on the effect given in practice to section 2 as it now stands, including copies of judicial rulings.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report. It also notes the observations by the Gabon Confederation of Free Trade Unions (CGSL) concerning the application of the Convention as well as the Government's reply to these observations, which the Committee examined within the context of the application of Convention No. 29.

Article 1(c) and (d) of the Convention. In the comments that it has been making for many years, the Committee has noted that under section 153, subsections 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 to organise prison labour.

The Committee notes the Government's repeated statement in its report to the effect that the Merchant Shipping Code is currently being revised and that the Committee's comments will be taken into account. The Committee once again hopes that the draft texts that are under examination will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended.

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

Article 1(a) of the Convention. In its previous comments, the Committee referred to section 2, subsection 2, of Act No. 22/84 of 29 December 1984 to organise prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3, are obliged to work. The Committee noted the Government's statement that this legislation has not yet been applied in practice and requested the Government to provide details on the scope of the above provisions.

The Committee notes the information supplied by the Government in its report to the effect that political detainees are not considered as prisoners under ordinary law even if they are sentenced at the same time for offences under ordinary law. However, the Government considers that the provisions of section 2 of Act No. 22/84 could be ambiguous and has therefore requested that a new draft of this section be studied.

The Committee asks the Government to provide information on any provisions that have been adopted or are envisaged in this connection, and on the practical application of section 2 as it now stands, including copies of judicial rulings.

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

Article 1(c) and (d) of the Convention. In the comments that it has been making for many years, the Committee noted that under section 153, subsections 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 to organise prison labour.

The Committee notes the Government's reiterated statement that the procedure for the amendment of the above provisions is well under way. The Committee once again expresses the hope that the draft texts being prepared will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended.

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

The Committee notes that the Government's report contains no reply to its previous direct request. The Committee hopes that the Government will provide information on the following matter, raised previously.

Article 1(a) of the Convention. In its previous comments, the Committee referred to section 2, subsection 2, of Act No. 22/84 of 29 December 1984 to organise prison labour, under which political prisoners sentenced at the same time for related offences under ordinary law are considered to be convicts under ordinary law and, by virtue of section 3, are obliged to work.

The Committee noted the Government's statement that this legislation has not yet been applied in practice. The Committee again requests the Government to supply details on the scope of these provisions and to continue providing information on the effect given to them in practice, including copies of judicial rulings.

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

Article 1(c) and (d) of the Convention. In the comments it has been making for many years, the Committee noted that under section 153, subsection 1, 4, 5 and 9 (read in conjunction with section 156), and sections 169, 186 and 188 of the Merchant Shipping Code (Act No. 10/63 of 12 January 1963) certain breaches of discipline by seafarers are punishable by imprisonment involving compulsory labour by virtue of Act No. 22/84 of 29 December 1984 to organise prison labour.

The Committee notes the Government's reiterated statement that the procedure for the amendment of the above provisions is well under way. The Committee once again expresses the hope that the draft texts being prepared will ensure that sentences of imprisonment involving compulsory labour cannot be inflicted on seafarers for breaches of discipline that do not endanger the safety of the vessel or of persons, and that the Government will soon report that the legislation has been thus amended. [The Government is asked to report in detail for the period ending 30 June 1990.]