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

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

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.