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

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

Previous comment

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously referred to several provisions of national legislation providing for prison sentences involving compulsory labour – under Decree No. 247/72/PREG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, and the 2016 Criminal Code – for certain activities within the scope of application of Article 1(a) of the Convention. It noted the Government’s indications that some of these provisions were applied in practice, and requested the Government to ensure that no sanctions involving compulsory labour may be imposed, under the application of the following provisions, on persons who peacefully express views ideologically opposed to the established political, social or economic system:

• sections 363–366 of the Criminal Code, concerning defamation and abuse;
• sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Criminal Code concerning organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities;
• sections 658–660, 662–665 and 739(1) of the Criminal Code, concerning insulting behaviour towards the Head of State and officers of the law, and towards the national anthem or the national or a foreign flag;
• sections 689–703 of the Criminal Code concerning breaches of public order caused by religious ministers in the performance of their ministry;
• sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, concerning the act of founding, directing or administering a political party in violation of the law, or directing or administering a dissolved political party by maintaining or reconstituting it.

The Government indicates in its report that no prosecutions have been brought and therefore no convictions handed down on the basis of the above provisions. It states that, although no measure has been envisaged to limit the scope of application of these provisions, the Government will undertake a substantive reform to this end, within the framework of the restructuring of the State. The Government also indicates that no press-related offences have been punished by compulsory prison labour. It adds that awareness-raising campaigns are regularly organized by press associations as part of the dissemination of Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, through interactive broadcasts and debates via radio and television channels. A significant number of judges and magistrates have participated in training in this regard.

The Committee also notes that, by decision of 13 May 2022, the transitional government prohibited any demonstration on public thoroughfares likely to compromise the social peace and the proper development of the activities in its calendar, specifying that any breach of this order would entail legal consequences against the perpetrator(s). In this regard, the Committee notes that in a letter addressed to the President of the Republic on 15 August 2022, the United Nations High Commissioner for Human Rights expressed his deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. The High Commissioner also referred to a decision of the Government of 9 August 2022 aimed at dissolving the National Front for the Defence of the Constitution (FNDC), a collective of opposition political parties, trade unions and civil society organizations, which had initiated demonstrations.

The Committee requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. The Committee hopes that, within the framework of the reform undertaken by the Government, the above provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed taking account of the requirements of the Convention, either by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing penalties involving compulsory labour. In the meantime, the Committee requests the Government to provide information on any convictions handed down under the above-mentioned provisions, and on the acts giving rise to the convictions. The Committee also requests the Government to specify the penalties imposed on persons who violate the prohibition on demonstrations on public thoroughfares.

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