Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Effect of criminal penalties involving compulsory labour on the application of the Convention. In its previous comments, the Committee recalled that the Convention not only protects persons expressing political views from being sentenced to forced labour but also lays down a general ban on the imposition of compulsory labour on such persons – which would be the case where someone expressing a political opinion is sentenced to imprisonment and the national legislation at the same time provides an obligation to work in prison. The Committee therefore asked the Government to indicate the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. The Government indicates in its report that work done by prisoners cannot be forced or compulsory. According to the Government, section 52 of Decree No. 12/2011, approving the minimum rules for the treatment of prisoners, read in conjunction with Rule 96 et seq. of the United Nations Standard Minimum Rules for the Treatment of Prisoners, allows the possibility of paid work being done by prisoners during their sentence but provides that their consent must always be freely given. The Committee notes that section 52 of Decree No. 12/2011 provides that work shall be assigned to convicted prisoners according to their ability and personal condition, subject to a doctor’s opinion, taking account of their future needs and labour market opportunities, and that the work assigned shall be educational and productive and not of a punitive nature. Laws or regulations shall determine daily and weekly hours of work for convicted prisoners, and also determine hours of leisure and rest, education and other activities necessary for their social rehabilitation. The pay earned by prisoners must enable them to make reparation for the damage caused by the crime, to acquire items for personal use, to provide assistance for their families, and to acquire savings which will be made available to them on their release. The Committee requests the Government to provide detailed information on the point in time when convicted prisoners give their consent to prison labour and on the procedure established for that purpose. It requests the Government to indicate the consequences arising from any refusal by a prisoner to do work that has been imposed. The Committee also requests the Government to indicate, if applicable, the related provisions of the national legislation and to send a copy of them.