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

Forced Labour Convention, 1930 (No. 29) - Guinea-Bissau (Ratification: 1977)

Articles 1(1) and (2)(1) of the Convention. Trafficking in persons. Referring to its previous comments on the implementation of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children, the Committee notes the information provided by the Government on the measures taken to combat this phenomenon. The Government indicates that, in 2017, it conducted a training, information and awareness-raising campaign on the prevention of trafficking in persons, illegal migration and the smuggling of migrants. This campaign, promoted by the Institute for Women and Children (IMC), involved police authorities, the armed forces, the Ministry of Health, the General Directorate of Labour, Employment and Vocational Training, the National Committee for the Elimination of Traditional Practices Harmful to Women and Children (CNAPN), traditional leaders and civil society organizations. The Government also indicates that three legal proceedings for cases of trafficking in persons involving 11 child victims have been initiated, but are still ongoing. Regarding the difficulties reported by the Government regarding collaboration between the various bodies working to combat forced labour and trafficking in persons, including the courts, the Committee notes the Government’s indication that measures have been taken, such as the consolidation of the technical committee to combat trafficking and the formulation and adoption of a National Plan of Action. Furthermore, the Committee notes that, according to the report of the Secretary-General of 7 February 2019 on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, a high-level national dialogue on combating drug trafficking and transnational organized crime was launched through a conference that was held in Bissau on 28 and 29 November 2018 identifying the elements of a national strategy and strategic and operational recommendations for updating an operational plan on combating drug trafficking and transnational organized crime, including trafficking in persons (see S/2019/115, paragraph 66). The Committee requests the Government to continue to provide detailed information on the measures taken to ensure the training of state officials who are likely to come into contact with victims, including the labour inspectorate, and to guarantee better coordination between the relevant stakeholders to prevent, suppress and eliminate trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to continue to provide information on the application in practice of Act No. 12/2011, including the number of investigations conducted, prosecutions initiated and convictions handed down, the specific penalties applied, the number of victims and the nature of the assistance they receive. The Committee also requests the Government to provide information on the updated Plan of Action for combatting trafficking in persons, and to provide a copy.

Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies. In its report, the Government indicates that criminal law provides for the possibility of replacing the prison sentence with social work, if the prisoner consents. The Government also indicates that Decree No. 12/2011 approving the minimum rules for the treatment of prisoners allows for the possibility of prisoners doing paid work while they serve their sentences. The Government explains that, in both cases, the rules on occupational safety and health, occupational accidents or compensation for occupational injuries must apply under conditions similar to those laid down in the legislation applicable to free workers.

The Committee notes section 43 of the Penal Code under which the performance of social work in lieu of a prison sentence of less than one year may take place when, for crime prevention reasons, the offender expressly agrees to undertake social work. The Committee notes that section 47 of the Penal Code defines social work as the performance of work free of charge in a public body or in other designated entities of community interest.

In addition, with regard to work carried out while serving a prison sentence, the Committee takes note of Decree No. 12/2011, which provides that the work assigned to convicted prisoners according to their personal capacity and condition shall be remunerated and shall enable them to make reparation for the damage caused by the crime, to acquire objects for personal use, to assist their families, and to build up savings which shall be paid to them upon their release. Noting that the above-mentioned Decree does not provide any details on this subject, the Committee reiterates its request to the Government to indicate whether convicted prisoners may be required in practice to work for private entities while serving their sentences and, if so, how they give their consent to work for such entities, in addition to whether the work is carried out under the supervision or control of a public authority.