Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under Decree No. 247/72/PRG of 20 September 1972 concerning the establishment and structure of the prison administration and Decree No. 624/PRG/81 of 13 November 1981 supplementing Decree No. 247/72/PRG, work is compulsory for all convicted prisoners under common law but is optional for those who have been accused or charged. The Committee asked the Government to provide information on the application in practice of certain provisions of Act No. 98/036 of 31 December 1998 issuing the Penal Code, Act No. 91/02/CTRN establishing a charter of political parties and Act No. 91/05/CTRN on freedom of the press, under the terms of which certain activities may be punished by prison sentences involving compulsory labour in circumstances which are covered by the Convention.

The Committee notes the Government’s indications, in its report, that a large number of provisions of the Penal Code of 1998 allowing the imposition of prison sentences involving compulsory labour have been maintained in Act No. 2016/059/AN of 26 October 2016 issuing the new Penal Code. The Government provides information on their application in practice. The provisions in question are as follows:

• -Sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Penal Code of 2016, replacing sections 111(1) and (2), 113(1), 116, 109(1) and (2) and 121 of the Penal Code of 1998, which establish prison sentences for organizing or participating in an undeclared or unauthorized demonstration or in an unarmed gathering of persons, for organizing a meeting on a public thoroughfare, and for any other related peaceful activities. The Committee notes the Government’s indication that these provisions have often been applied, during criminal proceedings resulting from unauthorized public political demonstrations. It notes the Government’s indication, in its report submitted to the Human Rights Committee in October 2017, that the legal framework for the right of peaceful assembly is set out in the Penal Code and in Act No. 2015/009/AN of 4 June 2015 on maintaining public order. The Government acknowledges in this regard that certain meetings can be prohibited and dispersed on vague grounds that can easily be misused, for example, if the meeting “might disturb the public peace” (CCPR/C/GIN/3, paragraph 216).
• -Section 704 of the Penal Code of 2016, reiterating section 214 of the Penal Code of 1998, concerning charlatanism, which provides that anyone who indulges in practices relating to sorcery, magic or charlatanism likely to disrupt public order or adversely affect persons or property shall be liable to imprisonment ranging from one to five years. The Committee notes the Government’s indication that this section has been applied on several occasions, and that the definition of this offense does not pose a particular problem.
• -Sections 689–703 of the Penal Code of 2016, reiterating sections 215–220 of the previous Penal Code, concerning breaches of public order caused by religious ministers in the performance of their ministry, which provides that any religious minister delivering an address at a public gathering containing remarks likely to disturb the peace or disrupt public order shall be liable to imprisonment ranging from three months to two years. The Government indicates that it has no knowledge of these sections being applied, owing to the country’s religious tolerance.
• -Sections 659, 662–665 and 739(1) of the new Penal Code, replacing sections 232 and 234–238 of the Penal Code of 1998, as well as section 658 of the new Penal Code, concerning insulting behaviour towards officials in authority and officers of the law, which provides that anyone guilty of insulting the Head of State shall be liable to imprisonment ranging from one to three years. The Government indicates that section 659 has been applied on several occasions, as a result of offenses committed by citizens against the Head of State.
• -Sections 363–366 of the Penal Code of 2016, previously sections 371–374, concerning defamation and abuse. The Committee notes that, according to the Government, these provisions are often used as a result of various acts of defamation and abuse likely to put individuals at odds.

The Committee takes due note of the Government’s indication that section 517(17) of the previous Penal Code, which provided that anyone who opposed, especially verbally or by lack of cooperation, the exercise of legitimate authority by an officer of the law or by any citizen responsible for providing public service, thereby disrupting public order or obstructing the smooth operation of administrative or judicial services, should be liable to imprisonment ranging from one to 15 days, has been removed from the new Penal Code. The Committee notes that other provisions of the new Penal Code of 2016 allow the imposition of prison sentences involving compulsory labour in circumstances which are covered by the provisions of the Convention, particularly section 660, which establishes a prison sentence ranging from 16 days to six months for any public insult to the national anthem, the national flag or a foreign flag.

The Committee notes the absence of information from the Government on the application in practice of sections 30 and 31 of Organic Act No. 91/02/CTRN of 23 December 1991 establishing a charter of political parties, which state that anyone who founds, directs or administers a political party in violation of the law, or directs or administers a dissolved political party by maintaining or reconstituting it, shall be liable to prison sentences involving compulsory labour.

The Committee notes with interest that Organic Act No. L/2010/02/CNT of 22 June 2010 on freedom of the press, which replaced Organic Act No. 91/05/CTRN of 23 December 1991, no longer establishes prison sentences for press-related offenses. It notes that, in its report submitted to the Human Rights Committee in October 2017, the Government indicates that the press and printing presses operate in freedom and that there are 43 independent radio stations and a large number of newspapers in the country. The Government also acknowledges that isolated cases of violations of freedom of opinion and expression have occasionally been reported, including arrests of journalists (CCPR/C/GIN/3, paragraphs 202 and 203).

With reference to its 2012 General Survey on the fundamental Conventions (paragraphs 302 and 303), the Committee recalls that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a) of the Convention, comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. It also emphasizes that the Convention does not prohibit the application of punishments involving compulsory labour to persons who use violence, incite violence or prepare acts of violence. The Committee therefore requests the Government to take the necessary measures to ensure that no punishments involving compulsory labour are imposed, in law or practice, on persons who peacefully express views ideologically opposed to the established political, social or economic system. In this regard, it requests the Governments to amend the aforementioned sections of the Penal Code, by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing punishments involving compulsory labour. It requests the Government to provide information on any progress made in this respect. It also requests the Government to take the necessary measures to ensure that in practice press-related offences are not punished with compulsory prison labour. Lastly, the Committee requests the Government to indicate how section 660 of the Penal Code and sections 30 and 31 of Act No. 91/02/CTRN establishing a charter of political parties are applied in practice, and to provide a copy of Act No. 2015/009/AN on maintaining public order.

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