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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition 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 notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition 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 notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition 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 notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition 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 notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee referred to certain provisions of Act No. 4/91 on the press, under which the offences of insult or defamation against the Head of State may be punished by penalties of imprisonment (section 40.2 read in conjunction with section 44.2). It noted in this connection that, unlike the provisions of section 128 of the Penal Code, the Press Act does not allow the submission of proof of the allegations in such cases (section 41). The Government indicated previously that section 41 of the Press Act should be deemed to have been tacitly repealed in view of the subsequent adoption of the Penal Code, particularly by virtue of section 128, under which anyone accused of these offences may in all circumstances provide proof of their allegations and therefore avoid conviction.

The Committee notes that, in its report, the Government states that since the Penal Code makes no provision for the penalty of forced labour, no one may be sentenced to forced labour. The Committee points out that as well as protecting persons expressing political views from being sentenced to forced labour, the Convention also lays down a general prohibition 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 notes in this connection the Government’s statement that there is no obligation on prisoners to work. In these circumstances, the Committee requests the Government to specify the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. Please also provide a copy of Decree No. 12/2011 approving the minimum rules for the treatment of prisoners, and Decree No. 13/2011 approving the organization of prisons, to which the Government referred in its report on the application of the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph a, of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect 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. However, 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 Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.

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

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

In earlier 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 recalled that compulsory labour, including compulsory prison labour, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions. The Committee asked the Government to provide information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision, and to provide copies of relevant rulings.

The Committee noted that according to section 50 of the Regulations on Rehabilitation Centres (Regulamento dos Centros de Reabilitação), sent by the Government in its report on the application of Convention No. 29, prisoners are obliged to work, due account being taken of their physical and mental state and training needs.

The Committee asked the Government to state whether Act No. 4/91 was still in force and, if so, to indicate the measures taken to ensure that persons protected by the Convention may not be subjected to sanctions involving an obligation to work.

In its report the Government indicates that Act No. 4/91 is in force and that the provision of section 41, which the Committee has been commenting on, may conflict with other rights established in the Constitution - freedom of the press, freedom of political opinion - and should therefore be regarded as having been tacitly revoked.

The Committee asks the Government to take the necessary steps to bring the national legislation formally into line with the Convention by repealing or amending section 41 of Act No. 4/91 to preclude any ambiguities as to its application, and to provide information on progress made in this respect.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In earlier 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 with a prison sentence of up to two years except where the facts are proved to be true. Under section 41 of the same Act, the burden of proving the facts may not be applied in the case of abuse or slander against the Head of State. The Committee recalled that compulsory labour, including compulsory prison labour, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions.

The Committee asked the Government to provide information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision and to provide copies of the relevant rulings.

The Committee notes that under section 50 of the Regulation on rehabilitation centres (Regulamento dos Centros de Reabilitaçao), provided by the Government in its report on the application of Convention No. 29, inmates are required to work in accordance with their physical and mental state and their training requirements.

The Committee asks the Government to indicate whether Act No. 4/91 is still in force and, if so, to inform it of the measures taken to ensure that persons protected by the Convention may not be subjected to penalties which involve compulsory labour.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the Government's report and the replies to the previous comments.

Article 1(a) to (e) of the Convention. The Committee notes that the Carache Re-Education Centre is now in disuse, so that the regulations relating to labour there, including in cases falling within the Convention, are no longer relevant. At the same time, it notes that the Penal Code of 1993, sections 38 to 47, does not expressly prohibit compulsory work in the cases covered by the Convention; and, on the contrary, it provides for the penalty of compulsory social labour -- which may be for non-public entities considered to be of value to the community. The Committee notes the Government's indication that social work is subject to the express consent of the person concerned. It would be glad if the Government would indicate any provisions whereby it is ensured that neither prison labour nor other forms of compulsory work are required in cases falling within the Convention, and describe how these sections of the Penal Code operate in practice in this regard.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour. The Committee noted sections 54(1), (3), and 68 of the Regulations of the Carache Re-education Centre under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees. The Committee requests the Government to indicate the measures taken so that prison sentences which include compulsory labour may not be imposed on persons who hold or express particular political opinions or show their opposition to the established political, social or economic order. The Committee notes Act No. 8/91 on freedom of association, 9/91 on strikes, 10/91 on civil requisition and 4/91 on the press, sent by the Government with its report. The Committee observes that under section 40.2, read on conjunction with section 44.2 of Act No. 4/91 on the press, anyone found guilty of slander shall be punished with a prison sentence of up to two years except where the facts are proved to be true. Under section 41 of the same law, the burden of proving the facts may not be applied in the case of abuse or slander against the Head of State. The Committee recalls that compulsory work, including compulsory prison work, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions. The Committee requests the Government to indicate the measures taken or envisaged so that persons protected by the Convention may not be subjected to penalties including compulsory work in application of sections 54(1)(3) and 68 of the Regulations of the Carache Re-education Centre. In addition, the Committee requests the Government to supply information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision, and to provide copies of the relevant rulings.

2. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organization of labour. The Committee asked the Government to supply information on the effect given in practice to this provision, noting that there can be no remission or suspension of sentences involving compulsory productive labour imposed for crimes against the national economy. It notes that the Government's latest report contains no information on this matter and hopes that the Government will take appropriate measures to ensure that sentences of compulsory productive labour are not imposed for breaches of discipline at work, and to send with its next report the information requested on the practical application of this provision.

3. The Committee requests the Government to send a copy of the Penal Code and the Penal Procedure Code in force.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following points raised in its previous direct request:

The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour, conforming to modern penal concepts, intended to abolish prison by creating effective conditions for the social rehabilitation of the offenders. The Government also indicated that, for want of resources, it is impossible to give full effect to this principle and that many sentences of compulsory productive labour are in fact served in prison.

The Committee noted sections 54(1), (3) and 68 of the Regulations of the Carache Re-education Centre (which was supplied by the Government in one of the reports on the application of Convention No. 29) under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees.

The Committee noted previously the Government's statement that the freedoms of expression, meeting and association guaranteed by the Constitution (sections 6, 8 and 44) are enjoyed in the conditions or in the forms provided for by the laws, that these laws were not yet in existence but that State bodies were drafting them.

The Committee noted the Government's indications in its report for the period ending 30 June 1989 concerning the observance of constitutional guarantees. According to these indications, the freedoms of expression, association and meeting, and religious freedom, although guaranteed by the Constitution, may not be exercised against national independence, territorial integrity, national unity, the institutions of the Republic and the principles and objectives enshrined in the Constitution.

The Committee referred to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, in which it stated that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Abolition of Forced Labour Convention but that, on the other hand, any form of compulsory labour, including prison labour, comes under the Convention if it is imposed in any of the five cases specified by the Convention. The Committee also stated that, although prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike.

The Committee again expresses the hope that, when drafting legislation respecting the exercise of the constitutional rights of expression, association and meeting, due account will be taken of the provisions of the Convention. It requests the Government to indicate any measure that has been taken or is envisaged to lay down that sentences of imprisonment, involving forced labour, cannot be imposed on persons who have expressed certain political opinions or have shown their ideological opposition to the established political, social or economic order.

The Committee once again requests the Government to supply copies of amendments that have been made to the Penal Code and the Code of Criminal Procedure since 24 September 1973.

Article 1(c) and (d) of the Convention. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organization of labour.

The Committee noted the Government's indications that the provisions of Act No. 1/79 apply in the event of economic sabotage. The Committee also noted that there can be no remission or suspension of sentences involving compulsory productive labour against crimes against the national economy (section 4 of Act No. 1/79). It again requests the Government to assess the scope of section 1 of Act No. 1/79, to supply information on the effect given in practice to this provision, and particularly on the number of persons convicted and to supply copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour, conforming to modern penal concepts, intended to abolish prison by creating effective conditions for the social rehabilitation of the offenders. The Government also indicated that, for want of resources, it is impossible to give full effect to this principle and that many sentences of compulsory productive labour are in fact served in prison.

The Committee noted sections 54(1), (3) and 68 of the Regulations of the Carache Re-education Centre (which was supplied by the Government in one of the reports on the application of Convention No. 29) under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees.

The Committee noted previously the Government's statement that the freedoms of expression, meeting and association guaranteed by the Constitution (sections 6, 8 and 44) are enjoyed in the conditions or in the forms provided for by the laws, that these laws were not yet in existence but that State bodies were drafting them.

The Committee noted the Government's indications in its report for the period ending 30 June 1989 concerning the observance of constitutional guarantees. According to these indications, the freedoms of expression, association and meeting, and religious freedom, although guaranteed by the Constitution, may not be exercised against national independence, territorial integrity, national unity, the institutions of the Republic and the principles and objectives enshrined in the Constitution.

The Committee referred to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, in which it stated that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Abolition of Forced Labour Convention but that, on the other hand, any form of compulsory labour, including prison labour, comes under the Convention if it is imposed in any of the five cases specified by the Convention. The Committee also stated that, although prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike.

The Committee again expresses the hope that, when drafting legislation respecting the exercise of the constitutional rights of expression, association and meeting, due account will be taken of the provisions of the Convention. It requests the Government to indicate any measure that has been taken or is envisaged to lay down that sentences of imprisonment, involving forced labour, cannot be imposed on persons who have expressed certain political opinions or have shown their ideological opposition to the established political, social or economic order.

The Committee once again requests the Government to supply copies of amendments that have been made to the Penal Code and the Code of Criminal Procedure since 24 September 1973.

Article 1(c) and (d) of the Convention. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organization of labour.

The Committee noted the Government's indications that the provisions of Act No. 1/79 apply in the event of economic sabotage. The Committee also noted that there can be no remission or suspension of sentences involving compulsory productive labour against crimes against the national economy (section 4 of Act No. 1/79). It again requests the Government to assess the scope of section 1 of Act No. 1/79, to supply information on the effect given in practice to this provision, and particularly on the number of persons convicted and to supply copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour, conforming to modern penal concepts, intended to abolish prison by creating effective conditions for the social rehabilitation of the offenders. The Government also indicated that, for want of resources, it is impossible to give full effect to this principle and that many sentences of compulsory productive labour are in fact served in prison.

The Committee noted sections 54(1), (3) and 68 of the Regulations of the Carache Re-education Centre (which was supplied by the Government in one of the reports on the application of Convention No. 29) under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees.

The Committee noted previously the Government's statement that the freedoms of expression, meeting and association guaranteed by the Constitution (sections 6, 8 and 44) are enjoyed in the conditions or in the forms provided for by the laws, that these laws were not yet in existence but that State bodies were drafting them.

The Committee noted the Government's indications in its report for the period ending 30 June 1989 concerning the observance of constitutional guarantees. According to these indications, the freedoms of expression, association and meeting, and religious freedom, although guaranteed by the Constitution, may not be exercised against national independence, territorial integrity, national unity, the institutions of the Republic and the principles and objectives enshrined in the Constitution.

The Committee referred to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, in which it stated that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Abolition of Forced Labour Convention but that, on the other hand, any form of compulsory labour, including prison labour, comes under the Convention if it is imposed in any of the five cases specified by the Convention. The Committee also stated that, although prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike.

The Committee again expresses the hope that, when drafting legislation respecting the exercise of the constitutional rights of expression, association and meeting, due account will be taken of the provisions of the Convention. It requests the Government to indicate any measure that has been taken or is envisaged to lay down that sentences of imprisonment, involving forced labour, cannot be imposed on persons who have expressed certain political opinions or have shown their ideological opposition to the established political, social or economic order.

The Committee once again requests the Government to supply copies of amendments that have been made to the Penal Code and the Code of Criminal Procedure since 24 September 1973.

Article 1(c) and (d) of the Convention. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organization of labour.

The Committee noted the Government's indications that the provisions of Act No. 1/79 apply in the event of economic sabotage. The Committee also noted that there can be no remission or suspension of sentences involving compulsory productive labour against crimes against the national economy (section 4 of Act No. 1/79). It again requests the Government to assess the scope of section 1 of Act No. 1/79, to supply information on the effect given in practice to this provision, and particularly on the number of persons convicted and to supply copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour, conforming to modern penal concepts, intended to abolish prison by creating effective conditions for the social rehabilitation of the offenders. The Government also indicated that, for want of resources, it is impossible to give full effect to this principle and that many sentences of compulsory productive labour are in fact served in prison.

The Committee noted sections 54(1), (3) and 68 of the Regulations of the Carache Re-education Centre (which was supplied by the Government in one of the reports on the application of Convention No. 29) under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also noted that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees.

The Committee noted previously the Government's statement that the freedoms of expression, meeting and association guaranteed by the Constitution (sections 6, 8 and 44) are enjoyed in the conditions or in the forms provided for by the laws, that these laws were not yet in existence but that State bodies were drafting them.

The Committee noted the Government's indications in its report for the period ending 30 June 1989 concerning the observance of constitutional guarantees. According to these indications, the freedoms of expression, association and meeting, and religious freedom, although guaranteed by the Constitution, may not be exercised against national independence, territorial integrity, national unity, the institutions of the Republic and the principles and objectives enshrined in the Constitution.

The Committee referred to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, in which it stated that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Abolition of Forced Labour Convention but that, on the other hand, any form of compulsory labour, including prison labour, comes under the Convention if it is imposed in any of the five cases specified by the Convention. The Committee also stated that, although prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike.

The Committee again expresses the hope that, when drafting legislation respecting the exercise of the constitutional rights of expression, association and meeting, due account will be taken of the provisions of the Convention. It requests the Government to indicate any measure that has been taken or is envisaged to lay down that sentences of imprisonment, involving forced labour, cannot be imposed on persons who have expressed certain political opinions or have shown their ideological opposition to the established political, social or economic order.

The Committee once again requests the Government to supply copies of amendments that have been made to the Penal Code and the Code of Criminal Procedure since 24 September 1973.

Article 1(c) and (d) of the Convention. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organisation of labour.

The Committee noted the Government's indications that the provisions of Act No. 1/79 apply in the event of economic sabotage. The Committee also noted that there can be no remission or suspension of sentences involving compulsory productive labour against crimes against the national economy (section 4 of Act No. 1/79). It again requests the Government to assess the scope of section 1 of Act No. 1/79, to supply information on the effect given in practice to this provision, and particularly on the number of persons convicted and to supply copies of the relevant judicial decisions.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee noted previously that, according to the information provided by the Government in its report, all sentences of imprisonment pronounced by the courts are, by virtue of the Penal Code (and other texts promulgating penal legislation), and in accordance with the severity of the sentence, sentences of compulsory productive labour, conforming to modern penal concepts, intended to abolish prison by creating effective conditions for the social rehabilitation of the offenders. The Government also indicated that, for want of resources, it is impossible to give full effect to this principle and that many sentences of compulsory productive labour are in fact served in prison.

The Committee notes sections 54(1), (3) and 68 of the Regulations of the Carache Re-education Centre (which was supplied by the Government in one of the reports on the application of Convention No. 29) under which detainees have the obligation to participate in the productive, educational and recreational work of the Centre (section 54(3)) and are obliged to perform work commensurate with their strength and aptitudes (section 68). The Committee also notes that under section 2(1)(a) and (b) of the same Regulations, political training and productive labour are the means for re-educating detainees.

The Committee noted previously the Government's statement that the freedoms of expression, meeting and association guaranteed by the Constitution (sections 6, 8 and 44) are enjoyed in the conditions or in the forms provided for by the laws, that these laws were not yet in existence but that State bodies were drafting them.

The Committee notes the Government's indications in its last report concerning the observance of constitutional guarantees. According to these indications, the freedoms of expression, association and meeting, and religious freedom, although guaranteed by the Constitution, may not be exercised against national independence, territorial integrity, national unity, the institutions of the Republic and the principles and objectives enshrined in the Constitution.

The Committee refers once again to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour, in which it states that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Abolition of Forced Labour Convention but that, on the other hand, any form of compulsory labour, including prison labour, comes under the Convention if it is imposed in any of the five cases specified by the Convention. The Committee also stated that, although prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike.

The Committee hopes that, when drafting legislation respecting the exercise of the constitutional rights of expression, association and meeting, due account will be taken of the provisions of the Convention. It requests the Government to indicate any measure that has been taken or is envisaged to lay down that sentences of imprisonment, involving forced labour, cannot be imposed on persons who have expressed certain political opinions or have shown their ideological opposition to the established political, social or economic order.

The Committee once again requests the Government to supply copies of amendments that have been made to the Penal Code and the Code of Criminal Procedure since 24 September 1973.

Article 1(c) and (d) of the Convention. The Committee noted that, by virtue of section 1 of Act No. 1/79 of 8 June 1979 respecting crimes against the national economy, it is a crime against the national economy, punishable by compulsory productive labour, to infringe voluntarily the general instructions of the higher bodies of the PAIGC on the running of the economy and the economic development of the country, or laws, regulations or state decisions or the instructions of collective bodies, particularly on the conduct of affairs and the organisation of labour.

The Committee notes the Government's indications that the provisions of Act No. 1/79 apply in the event of economic sabotage. The Committee also notes that there can be no remission or suspension of sentences involving compulsory productive labour against crimes against the national economy (section 4 of Act No. 1/79), and it requests the Government, so that it can assess the scope of section 1 of Act No. 1/79, to supply information on the effect given in practice to this provision, and particularly on the number of persons convicted and to supply copies of the relevant judicial decisions.