Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ghana (Ratification: 1958)

The Committee notes the Government's report.

In comments made for a number of years, the Committee referred to various provisions of the Penal Code, the Newspaper Licensing Decree, 1973, the Merchant Shipping Act 1963, the Protection of Property (Trade Disputes) Ordinance and the Industrial Relations Act 1965, under which imprisonment (involving an obligation to perform labour) may be imposed as a punishment for non-observance of restrictions imposed by discretionary decision of the executive on the publication of newspapers and the carrying on of associations, for various breaches of discipline in the merchant marine and for participation in certain forms of strikes. The Committee had requested the Government to adopt the necessary measures in regard to these provisions to ensure that no form of forced or compulsory labour (including compulsory prison labour) might be exacted in circumstances falling within Article 1(a), (c) or (d) of the Convention. The Committee has also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions.

For many years the Government has indicated in its reports that these matters were under consideration. In its report for 1983-85, the Government stated that the Tripartite National Advisory Committee on Labour was reconstituted on 23 July 1985 and would give serious consideration to the Committee's observations. In a report received in November 1988 the Government indicated that the same body was still being reconstituted and comments would be promptly dealt with as soon as it resumed sitting and in a report received in June 1988, the Government also indicated that information had been requested from various public authorities. In its latest reports received in June 1990 and February 1991, the Government states that the Committee's comments are being discussed by the aforementioned National Advisory Committee on Labour.

The Committee trusts that the necessary concrete action will at last be taken, and that the Government will soon provide detailed information both on the measures taken to bring national legislation into conformity with the Convention and on the application in practice of provisions again listed in a request addressed directly to the Government.