Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Cameroon (Ratification: 1960)

Article 2(2)(c) of the Convention. Hiring of prison labour to private entities. For many years the Committee has been asking the Government to take the necessary measures to supplement the legislation in order to ensure that the consent of prisoners to work for private entities is formally required. Under section 24 of the Penal Code, as amended by Act No. 90-61 of 19 December 1990, persons serving a prison sentence are obliged to work. Furthermore, Decree No. 92-052 of 27 March 1992 issuing the prison regulations authorizes the hiring of prison labour to private enterprises and individuals (sections 51–56), and Order No. 213/A/MINAT/DAPEN of 28 July 1988 establishes certain conditions concerning the use of prison labour, including the rates for their hire. However, neither of these texts requires the formal and informed consent of the prisoners who are to be hired to private enterprises and/or individuals.

The Committee notes the Government’s indication that the hire of labour is negotiated between private entities or the State and prison administrations. It refers to the difficulty of applying the principle of the free and informed consent of prisoners with regard to work inasmuch as they are serving custodial sentences and may, under section 56 of Decree No. 92-052, irrespective of customary chores and the hire of prison labour, be used by the prison administration for work that is productive and in the general interest.

The Committee recalls that, to prevent work performed by prisoners for private individuals, enterprises or associations being considered forced labour, the prisoners must accept the work voluntarily. Hence it is necessary to obtain their free, formal and informed consent. Furthermore, in view of the setting of captivity, certain factors are required in order to authenticate or confirm the giving of such consent. The Committee considers that the most reliable indicator of consent to the work is that the work is performed under conditions which approximate to those of a free employment relationship, particularly in terms of remuneration, hours of work and occupational safety and health. The Committee expresses the firm hope that the Government, as it committed to do in the past, will take the necessary measures to adopt the texts implementing Decree No. 92 052 issuing the prison regulations, that these texts will provide explicitly that free, formal and informed consent shall be given by convicts with regard to all work for private entities, and to ensure that prisoners’ conditions of work approximate to those of a free employment relationship.

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