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

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

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).