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

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

1. Article 1(a), (c) and (d) of the Convention. In comments made for a considerable number of years, the Committee has referred to provisions of the Criminal 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 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 also repeatedly requested the Government to supply information on the practical application of a number of legislative provisions.

In its report received in January 1994 the Government stated that the National Advisory Committee on Labour was discussing the comments of the Committee of Experts and it was the wish of the Government to bring the legislation concerned into conformity with the Convention and to inform the ILO accordingly through its next report on the subject. In its latest report, received in October 1996, the Government indicates that the National Advisory Committee on Labour concluded discussions on the Committee of Experts' previous comments and had submitted recommendations to the Minister in March 1994, and that in line with the Government's desire to bring local laws into conformity with ILO standards, the present comments of the Committee of Experts have been submitted to the Attorney-General for a closer study and his expert comments. It is hoped that the Attorney-General's response will be received in time for incorporation in the next report.

The Committee takes due note of these indications. It hopes that the necessary action will at last be taken on the various points which are once more recalled in detail in a request addressed directly to the Government.

2. The Committee has noted the adoption of the Political Parties Law, 1992, the Emergency Powers Act, 1994, and the Public Order Act, 1994, which give rise to a certain number of questions under the Convention that are also set out in the request addressed directly to the Government.