Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Forced Labour Convention, 1930 (No. 29) - Sao Tome and Principe (Ratification: 2005)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172), as well as measures taken to combat trafficking in persons, including training for officials and technicians of the Criminal Investigation Police (PIC) and awareness-raising activities conducted for the general public. 

The Committee notes the Government’s indication in its report that the practice of trafficking in persons is non-existent in the country and therefore no such cases have been recorded. It also states that it will continue its efforts with public authorities and private entities to prevent such practices from occurring in the country. The Committee encourages the Government to continue taking measures to prevent trafficking in persons for labour and sexual exploitation, including by undertaking awareness raising activities, providing training and strengthening the capacities of the competent authorities in identifying and suppressing this crime. It requests the Government to continue providing information on the measures taken in this regard.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee noted the Government’s indication that according to section 7 of Act No. 8/2010 concerning national defence and the armed forces, conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. It observed that according to the provisions of Act No. 8/2010 compulsory military service is defined as each citizen’s contribution to the military defence of the country. The Act also provides that civic service, which consists of support activities for the general public in the national interest, may be established to replace or supplement military service.

The Committee notes the Government’s information that pursuant to Act No 8/2010, compulsory military service lasts for two years, including the initial three months of military training and thereafter conscripts stay in the premises of the military barracks for the remaining period. Concerning civic service, the Government indicates that soldiers may be obliged, like any other individual, to engage in civic services of an exclusively public nature, provided that this is not forced or compulsory labour. The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used only for work of a purely military character.  The Committee requests the Government to indicate the type of works/activities that conscripts are requested to undertake after the initial three months military training period and for the remaining period of their compulsory military service; to clarify to whom the obligation to perform civic services under Act No 8/2010 applies; and to provide information on the specific type of activities that have to be performed by those who are obliged to perform civic services. Please provide a copy of any text regulating civic service.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee also noted the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requested the Government to indicate whether the SERSAP has concluded any agreements with private entities in order to provide work for prisoners inside or outside prisons.

The Committee notes the Government’s information that there are no such agreements in place, although there is a “statement of responsibility" signed by the SERSAP and entities seeking prisoners. The Government further indicates that section 444 of Law No. 5/2010 (the Penal Process Code), which concerns the replacement of fines with days of labour, broadly defines how this work should be carried out, conditions such as schedules and remuneration, as well as the type of institutions at which this work could be done. The Committee recalls that it considers that prisoners’ work for private entities is permissible under the Convention only if prisoners voluntarily enter into such an employment relationship without being subjected to pressure or the menace of any penalty, and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the formal, free and informed consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages, social security and occupational safety and health (2012 General Survey on the fundamental Conventions, paragraphs 278, 279 and 291). The Committee therefore requests the Government to provide information on the manner in which sentenced prisoners express their formal, free and informed consent to carry out works for private entities assigned by the SERSAP. It also requests the Government to supply a copy of Law No.5 of 2010.

2. Sentence of community service. In its previous comments, the Committee requested the Government to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. The Government indicates that for the moment there is no register listing such entities. The Committee requests the Government to indicate whether private entities have been authorized to take on persons who have been sentenced to community service and if so to confirm that, as provided under sections 1 and 3 of Act No. 3/2003, such entities carry out work for the public interest.