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

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

1. In its previous comments, the Committee noted the Government's statement that certain legal texts that had been the subject of its comments for many years had fallen into abeyance because of the change of political regime in Guinea, are to be revised or repealed as part of the programme for the complete revison by stages of all laws and regulations, in accordance with Ordinance No. 009/PRG/84 of 18 April 1984 in the interests of peace and internal discipline. The Government indicated that this procedure would be applied to the following texts:

- Decree No. 416/PRG of 22 October 1964 under which all persons between 16 and 25 years of age are placed in the service of the Organisation for Work Centres of the Revolution, whose purpose is to overcome the technical and economic underdevelopment of the Republic;

- Act No. 45/AN/1969 of 24 January 1969 respecting the disclosure of professional secrets and the unlawful communication of State and Party documents;

- Act No. 64/AN/1966 of 21 September 1966 to issue the Code of Criminal Procedure;

- all legislation relating to prison labour, the maintenance of law and order, the press and publications, meetings and associations, vagrancy and idlers and the discipline of seafarers.

The Committee notes that the Government's report contains no information on the foregoing, and again expresses the hope that the Government will shortly be able to report on the progress made in bringing the texts that have been the subject of its comments, including sections 71, subsection 4, 110, 111, 176 and 177 of the Penal Code into conformity with the Convention.

2. The Committee also referred to Ordinance No. 52 of 23 October 1959 laying down compulsory service, which may be of a military or non-military nature, for all male citizens. It noted the Government's statement that there is no compulsory military service for all male citizens, but that in accordance with an established practice of the Ministry of National Education, all students of both sexes, when they leave national or foreign universities, must perform one year's military service that is devoted entirely to military tasks and not to economic purposes. The Committee also noted that the revision of Ordinance No. 52 of 23 October 1959 was under consideration.

The Committee takes note of the information supplied by the Government in its last report, to the effect that military service for university students has become optional. The Committee asks the Government to provide information on the provisions adopted to this end and to supply a copy of the relevant texts, particularly any texts amending or repealing Ordinance No. 52 of 1959.