Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the discussion held in the Committee on the Application of Standards (Conference Committee) at the 112th Session of the International Labour Conference (June 2024) concerning the application by Guinea of the Convention, as well as the Government’s report.

The Committee also notes the observations of the International Organisation of Employers (IOE), received on 30 August 2024, which reiterate the comments made during the discussion of the Conference Committee, and express the hope that progress will be made in the application of the Convention, in accordance with the conclusions of the Conference Committee. The Committee lastly notes the observations of the International Trade Union Confederation (ITUC), received on 17 September 2024, which call on the Guinean Government to take all necessary measures to give effect to the comments of the Committee and the conclusions of the Conference Committee, and invite it to avail itself of ILO technical assistance.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

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. Just as the Committee has done in its previous comment, the Conference Committee requested the Government to take effective and time-bound measures, in consultation with representative employers’ and workers’ organizations, to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. It also requested the Government to revise the relevant provisions of the Criminal Code and the Act of 23 December 1991 establishing a charter of political parties (Organic Act No. 91/02/CTRN) with a view to limiting their scope of application, in order to meet the requirements of Article 1(a) of the Convention. The Committee recalls in this regard the provisions referred to:

• defamation and insult (sections 363 to 366 of the Criminal Code);
• organizing or participating in an undeclared or unauthorized demonstration or meeting on a public thoroughfare (sections 629, 630(1) and (2), 632(1), 634, 636(1) and (2) and 637 of the Criminal Code);
• insulting behaviour towards the Head of State and other related offences (sections 658 to 660, 662 to 665 and 739(1) of the Criminal Code);
• the act of founding, directing or administering a political party in violation of the law (sections 30 and 31 of the Charter of Political Parties).

The Committee also noted that by decision of 13 May 2022, the transitional Government prohibited any demonstration on public thoroughfares.

In this regard, the Committee notes the Government’s indication, in its report, that the process of adoption of a new Constitution is under way and will result in the revision of the Charter of Political Parties, and will ensure that the provisions of Article 1(a) of the Convention be taken into account. The Government also reiterates the information communicated to the Conference Committee that the provisions of the Criminal Code do not provide for prison sentences involving compulsory labour and that sentences handed down for violations of the above provisions are either prison sentences or fines not involving compulsory labour.

The Committee notes this statement with regret insofar as it observes that section 112 of Decree No. 2016/309/PRG/SGG, establishing the prison regulations, maintains compulsory labour for convicts, which was previously upheld in Decree No. 247/72/PREG 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/PREG. This section clearly provides that “convicts are assigned work”. The Committee recalls that compulsory prison labour, even when used as a means of reintegration, as set out in section 112, has an impact on the observance of the Convention when it is imposed in one of the situations listed in Article 1 of the Convention.

With regard to the information requested by the Conference Committee concerning the penalties applied in practice under the above provisions, the prohibition against demonstrations on public thoroughfares and on the rulings handed down against Sékou Jamal Pendessa, Secretary-General of the Guinean Press Professionals’ Union (SPPG), the Committee notes the Government’s indication that the case is currently before the Supreme Court, following an appeal filed against the ruling of the Conakry Appeals Court of 28 February 2024. The Government states that no action may be taken while the verdict is still pending with the Supreme Court. The Government also indicates that no prison sentence involving compulsory labour has been imposed on any person in Guinea and that efforts will be made to transmit statistical information on the court decisions issued under these provisions.

The Committee recalls that during the discussion in the Conference Committee, several speakers, including the Worker members and the Employer members, denounced the repressive measures taken by the Government against civil liberties, including freedom of association and demonstration. The Committee notes that in its observations, the ITUC indicates that, against a backdrop of highly restricted civil liberties, with attacks against freedom of the press, there are concerns that these provisions are being implemented with the aim of silencing the opposition and the trade unions. The Committee also notes that United Nations reports refer to restrictions to civic and political space, and to arrests of human rights defenders. For example, in a press release on 10 October 2024 of the United Nations Office of the High Commissioner for Human Rights (OHCHR), United Nations human rights experts raised the alarm concerning the arbitrary arrest and secret detention of two human rights defenders (see also document S/2024/51, Report of the Secretary-General on activities of the United Nations Office for West Africa and the Sahel (UNOWAS)).

The Committee expresses its concern at the absence of progress both at the legislative level and in practice towards the implementation of the recommendations made by the Conference Committee. The Committee therefore urges the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations. The Committee once again hopes that, within the framework of the reform undertaken by the Government, the above provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed taking account of the requirements of the Convention, either by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing penalties involving compulsory labour.

The Committee once again requests the Government to provide information on any convictions handed down under the above-mentioned provisions, and on the acts giving rise to the convictions.

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