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

Abolition of Forced Labour Convention, 1957 (No. 105) - Guinea-Bissau (Ratification: 1977)

Article 1(a) of the Convention. Imposition of penalties of imprisonment involving an obligation to work as a punishment for expressing political views. In its previous comments, the Committee noted that, under section 40.2, read in conjunction with section 44.2 of Act No. 4/91 on the press, anyone found guilty of slander shall be punished by imprisonment of up to two years, except where the facts are proved to be true. Under section 41 of the same Act, such proof may not be given in the case of abuse or slander against the Head of State. The Committee notes that, in its report, the Government states that section 41 of the Act on the press has been strongly criticized in the country and should be deemed to have been tacitly repealed, in view of the adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. The Government indicates that there have been no judicial decisions under section 41 of the Act on the press. The Committee’s comments have nevertheless been forwarded so that the appropriate changes can be made to the legislation.

The Committee recalls that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views, and asks the Government to specify the texts governing the prison system, particularly prison labour.