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Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Guinea (RATIFICATION: 1978)

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Articles 1 to 3 of the Convention. Basic rights of migrant workers and measures to detect and suppress migration in abusive conditions and the illegal employment of migrants. In its previous comments, the Committee had requested the Government to provide information on the measures taken or contemplated to suppress clandestine movements of migrants for employment and illegal employment of migrants, to sanction the organizers of illicit or clandestine movements of migrants for employment departing from, passing through, or arriving in its territory, and against persons who employ workers who have immigrated in illegal conditions. The Committee notes that the Government indicates in its report that to combat clandestine migrations, it intends to take measures to promote training, in particular in business management, job creation, sustainable activities and the provision of micro-financing. The Committee further notes that the United Nations Committee on Human Rights expresses concern in its concluding observations regarding: (a) the situation of Guinean migrants who are still in Libya; and (b) the situation of children, girls and women who are victims of domestic servitude and prostitution networks in foreign countries, especially in North Africa and the Middle East (CCPR/C/GIN/CO/3, 7 December 2013, paragraph 39). In that connection, the Committee also takes note of the creation of the National Committee to Combat Trafficking in Persons and Similar Practices (CNLTPPA) by Decree No. D/2017/039/PRG/SGG of 17 February 2017. With regard to trafficking in persons, the Committee refers the Government to the Committee’s direct request of 2018 on the Forced Labour Convention, 1930 (No. 29). While noting the employment policy measures envisaged by the Government, the Committee again requests it to provide detailed information on the measures taken or contemplated to put an end to clandestine migration and illegal employment of migrants, as well as the measures taken or contemplated in respect of the organizers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions. The Government is also requested to provide information on CNLPPA activities to combat clandestine migration.

Article 6. Detection of the illegal employment of migrant workers and definition of sanctions, Legislation. The Committee recalls that it noted that under section 9 of Order No. A/2015/085/METFPET/DNTLS/CAB/SGG of 30 January 2015 on regulating the use of foreign labour, “employers who use the services of a foreign worker without having obtained the prior authorization [required] … must, if they have brought the worker from another country, fully cover the costs of the worker’s repatriation”. The Committee had however noted that section 10 provides that “any foreign worker who is hired or used illegally will receive a fine equal to three months’ wages of the worker (six months’ wages in the case of a repeat offence)”. In the absence of a response from the Government on this point, the Committee again requests the Government to specify whether sanctions are also provided for employers who have not obtained the prior authorization required and have illegally hired or used the services of a foreign worker and to indicate the relevant legal text.

Article 8. Legal status in the case of loss of employment. In its previous comment, while noting the Government’s indication that the loss of employment of migrant workers does not result in the withdrawal of the residency permit or work permit and that, therefore, the workers concerned cannot be considered as being in an irregular situation, the Committee requested the Government to specify whether, in the case of loss of employment, migrant workers have the right to enjoy equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining. In the absence of a response from the Government on this point, the Committee is obliged to reiterate its request.

Articles 10 and 12. National equality policy. The Committee had previously noted the Government’s indication that, in employment other than protected jobs, migrant workers benefit from equality of opportunity and treatment with regard to employment, occupation and social security. Moreover, referring to paragraph 345 of the 2016 General Survey concerning the migrant workers instruments, the Committee recalled the measures allowing the implementation of a national equality policy in respect of migrant workers, in particular that of legislative protection against discrimination based on nationality. In the absence of information on this issue in the Government’s report, the Committee again requests it to include the ground of “nationality” in section 5 of the Labour Code which prohibits discrimination, the next time that the Code is revised. In the meanwhile, it again requests the Government to take the measures necessary to ensure that migrant workers and members of their family who are legally resident in the country enjoy equality of opportunity and treatment with regard to employment and occupation and social security and are not victims of discrimination. The Government is requested to provide information on all related measures taken.

Equality of treatment and trade union rights. In the absence of a response from the Government on this point, the Committee again requests it to consider the amendment of sections 322.4 and 311.6 of the Labour Code, concerning the exercise of trade union leadership functions or management functions in employers’ organizations by foreign nationals engaged in a professional activity and lawfully residing within the territory, in order to ensure that they have equality of treatment with nationals, without the requirement of reciprocal measures by the foreign workers’ country of origin.

Article 14(c). Restriction of access to limited categories of employment or functions. The Committee notes that Order No. A/2015/084/METFPET/DNTLS/CAB of 30 January 2015, which determines protected employment in the private and assimilated sectors, lists the categories of employment prohibited to foreign workers in sectors including the administrative services, agriculture, transport, management, catering, maintenance, construction and health. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see the 2016 General Survey, paragraph 370). It considers that all the “protected” types of employment listed in the Order are not in compliance with the Convention’s requirement of being “necessary in the interests of the State”. The Committee therefore requests the Government to review the list of “protected” employment in the light of Article 14(c) of the Convention and amend it accordingly. In the meantime, the Committee requests the Government to provide information on the application in practice of the Order of 2015.

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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

Articles 1 to 3 of the Convention. Basic rights of migrant workers and measures to detect and suppress migration in abusive conditions and the illegal employment of migrants. The Committee notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern regarding the “information received with regard to … Guinean citizens who are victims of trafficking and forced labour in the fields of agriculture, diamond and gold-mining, and domestic work in countries in the region and victims of domestic servitude in European countries, the United States and the Middle East”. The CMW therefore requested the Government of Guinea to: “(a) Systematically collect data disaggregated by gender, age and origin so as to better combat human trafficking and smuggling; (b) Step up campaigns on the prevention of trafficking and smuggling of migrant workers, and take appropriate measures to stop the dissemination of misleading information regarding emigration and immigration; (c) Improve the training of police officers and other law enforcement officials, border guards, judges, prosecutors, labour inspectors, teachers, health-care providers and the State party’s embassy and consular personnel on how to combat human trafficking and smuggling; (d) Promptly, effectively and impartially investigate, prosecute and punish all acts of trafficking in persons, human smuggling and other related offences, and deal expeditiously with cases filed against traffickers and human smugglers; (e) Afford protection and assistance to all victims of trafficking, in particular by providing shelters and launching projects aimed at helping them to rebuild their lives; (f) Increase international, regional and bilateral cooperation to prevent and combat trafficking in persons” (CMW/C/GIN/CO/1, 8 October 2015, paragraphs 53–54). The Committee requests the Government to provide information on the measures taken or contemplated to suppress clandestine movements of migrants for employment and illegal employment of migrants, and the measures taken or contemplated against the organizers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions.

Article 6. Detection of the illegal employment of migrant workers and definition of sanctions. Legislative developments. The Committee notes the adoption of Order No. A/2015/085/METFPET/DNTLS/CAB/SGG of 30 January 2015 which regulates the use of foreign labour. The Committee welcomes the fact that, pursuant to section 9, “employers who use the services of a foreign worker with having obtained the prior authorization [required] … must, if they have brought the worker from another country, fully cover the costs of the worker’s repatriation”. However, the Committee notes that section 10 provides that “any foreign worker who is hired or used illegally will receive a fine equal to three months’ wages of the worker (six months’ wages in the event of a repeat offence)”. The Committee requests the Government to specify whether these penalties also apply to employers who have not obtained the prior authorization required and have illegally hired or used the services of a foreign worker, and to indicate the relevant legal text. The Committee also requests the Government to provide a copy of the Orders establishing protected jobs and setting the fee for work permits, and of any new legislation to detect and penalize the movements or employment of migrants in an irregular situation.

Article 8. Legal status in the case of loss of employment. Following the Committee’s request for clarification, the Government indicates that the loss of employment of migrant workers does not result in the withdrawal of their residency permit or work permit, and that, therefore, the workers concerned cannot be considered as being in an irregular situation. While noting this information, the Committee once again requests the Government to specify whether, in the case of loss of employment, migrant workers have the right to enjoy equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining.

Articles 10 and 12. National equality policy. The Committee notes the Government’s indication that, in employment other than protected jobs, migrant workers benefit from equality of opportunity and treatment with regard to employment, occupation and social security. The Committee recalls that measures that allow for the implementation of a national equality policy range from the adoption of policies and legislation to the implementation of programmes to integrate migrants and programmes against xenophobia, and campaigns to ensure equal opportunity and treatment for migrant workers (see 2016 General Survey concerning the migrant workers instruments, paragraph 345). With regard to legislative protection against discrimination based on nationality, the Committee once again observes that section 5 of the Labour Code, which prohibits discrimination, does not mention “nationality” as a prohibited ground of discrimination. In this regard, the Committee recalls that legislative protection against discrimination based on actual or perceived nationality is fundamental to migrant workers (see 2016 General Survey, paragraph 337). The Committee once again urges the Government to include the ground of “nationality” in section 5 of the Labour Code the next time that the Code is revised, and in the absence of the prohibition of discrimination based on actual or perceived nationality in legislation, it requests the Government to take the measures necessary to ensure that migrant workers and members of their family who are legally resident in the country enjoy equality of opportunity and treatment with regard to employment, occupation and social security, and are not victims of discrimination.

Equality of treatment and trade union rights. The Committee recalls that it had requested the Government to consider the amendment of sections 322.4 and 311.6 of the Labour Code, which establish conditions of residence and reciprocity for migrant workers to be able to take up trade union office or occupy management functions in employers’ organizations. The Committee notes the Government’s indication that this issue will be examined at the next session of the Advisory Committee on Labour and Social Legislation. Recalling that Article 10 of the Convention establishes the principle of equality of treatment, the Committee once again requests the Government to examine the possibility of taking the necessary measures to amend sections 322.4 and 311.6 of the Labour Code concerning the exercise of trade union functions or management functions in employers’ organizations by foreign nationals engaged in a professional activity and lawfully residing within the territory, in order to ensure that they have equality of treatment with nationals.

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Articles 1 to 3 of the Convention. Basic rights of migrant workers and measures to detect and suppress migration in abusive conditions and the illegal employment of migrants. The Committee notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern regarding the “information received with regard to … Guinean citizens who are victims of trafficking and forced labour in the fields of agriculture, diamond and gold-mining, and domestic work in countries in the region and victims of domestic servitude in European countries, the United States and the Middle East”. The CMW therefore requested the Government of Guinea to: “(a) Systematically collect data disaggregated by gender, age and origin so as to better combat human trafficking and smuggling; (b) Step up campaigns on the prevention of trafficking and smuggling of migrant workers, and take appropriate measures to stop the dissemination of misleading information regarding emigration and immigration; (c) Improve the training of police officers and other law enforcement officials, border guards, judges, prosecutors, labour inspectors, teachers, health-care providers and the State party’s embassy and consular personnel on how to combat human trafficking and smuggling; (d) Promptly, effectively and impartially investigate, prosecute and punish all acts of trafficking in persons, human smuggling and other related offences, and deal expeditiously with cases filed against traffickers and human smugglers; (e) Afford protection and assistance to all victims of trafficking, in particular by providing shelters and launching projects aimed at helping them to rebuild their lives; (f) Increase international, regional and bilateral cooperation to prevent and combat trafficking in persons” (CMW/C/GIN/CO/1, 8 October 2015, paragraphs 53–54). The Committee requests the Government to provide information on the measures taken or contemplated to suppress clandestine movements of migrants for employment and illegal employment of migrants, and the measures taken or contemplated against the organizers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions.

Article 6. Detection of the illegal employment of migrant workers and definition of sanctions. Legislative developments. The Committee notes the adoption of Order No. A/2015/085/METFPET/DNTLS/CAB/SGG of 30 January 2015 which regulates the use of foreign labour. The Committee welcomes the fact that, pursuant to section 9, “employers who use the services of a foreign worker with having obtained the prior authorization [required] … must, if they have brought the worker from another country, fully cover the costs of the worker’s repatriation”. However, the Committee notes that section 10 provides that “any foreign worker who is hired or used illegally will receive a fine equal to three months’ wages of the worker (six months’ wages in the event of a repeat offence)”. The Committee requests the Government to specify whether these penalties also apply to employers who have not obtained the prior authorization required and have illegally hired or used the services of a foreign worker, and to indicate the relevant legal text. The Committee also requests the Government to provide a copy of the Orders establishing protected jobs and setting the fee for work permits, and of any new legislation to detect and penalize the movements or employment of migrants in an irregular situation.

Article 8. Legal status in the case of loss of employment. Following the Committee’s request for clarification, the Government indicates that the loss of employment of migrant workers does not result in the withdrawal of their residency permit or work permit, and that, therefore, the workers concerned cannot be considered as being in an irregular situation. While noting this information, the Committee once again requests the Government to specify whether, in the case of loss of employment, migrant workers have the right to enjoy equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining.

Articles 10 and 12. National equality policy. The Committee notes the Government’s indication that, in employment other than protected jobs, migrant workers benefit from equality of opportunity and treatment with regard to employment, occupation and social security. The Committee recalls that measures that allow for the implementation of a national equality policy range from the adoption of policies and legislation to the implementation of programmes to integrate migrants and programmes against xenophobia, and campaigns to ensure equal opportunity and treatment for migrant workers (see 2016 General Survey concerning the migrant workers instruments, paragraph 345). With regard to legislative protection against discrimination based on nationality, the Committee once again observes that section 5 of the Labour Code, which prohibits discrimination, does not mention “nationality” as a prohibited ground of discrimination. In this regard, the Committee recalls that legislative protection against discrimination based on actual or perceived nationality is fundamental to migrant workers (see 2016 General Survey, paragraph 337). The Committee once again urges the Government to include the ground of “nationality” in section 5 of the Labour Code the next time that the Code is revised, and in the absence of the prohibition of discrimination based on actual or perceived nationality in legislation, it requests the Government to take the measures necessary to ensure that migrant workers and members of their family who are legally resident in the country enjoy equality of opportunity and treatment with regard to employment, occupation and social security, and are not victims of discrimination.

Equality of treatment and trade union rights. The Committee recalls that it had requested the Government to consider the amendment of sections 322.4 and 311.6 of the Labour Code, which establish conditions of residence and reciprocity for migrant workers to be able to take up trade union office or occupy management functions in employers’ organizations. The Committee notes the Government’s indication that this issue will be examined at the next session of the Advisory Committee on Labour and Social Legislation. Recalling that Article 10 of the Convention establishes the principle of equality of treatment, the Committee once again requests the Government to examine the possibility of taking the necessary measures to amend sections 322.4 and 311.6 of the Labour Code concerning the exercise of trade union functions or management functions in employers’ organizations by foreign nationals engaged in a professional activity and lawfully residing within the territory, in order to ensure that they have equality of treatment with nationals.

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Legislation. The Committee recalls that section 131.1 of the Labour Code of 2014 provides that the prior approval of the public employment service must be obtained in order to employ a foreign worker outside the Economic Community of West African States and that the hiring of foreign workers is governed by special regulations. The Government indicates that the draft order issuing regulations on the use of foreign labour, which was examined and adopted by the Labour and Social Legislation Advisory Committee at its 2014 session, will be forwarded once it has been signed by the competent authority. The Committee requests the Government to send a copy of the order issuing regulations on the use of foreign labour.

Article 6 of the Convention. Detection of movements or employment of migrants in an irregular situation. The Committee notes the Government’s indication that section 6 of the draft order issuing regulations on the use of foreign labour provides that any employer using the services of a foreign worker without having obtained prior approval or who refuses to provide the “Africanization plan” shall be obliged to pay the cost of repatriation of the worker if he has brought the latter from a foreign country and to pay a fine equivalent to three months’ wages of the worker and equivalent to six months’ wages for a repeat offence. The Committee requests the Government to provide information on the application in practice of the order issuing regulations on the use of foreign labour, once it has come into force, including with regard to fines and penalties imposed and any other measure taken to detect and penalize the movements or employment of migrants in an irregular situation.

Article 8. Legal status in the case of loss of employment. The Committee recalls that section 3 of the Labour Code does not contain any provisions regarding the legal status of migrant workers in a regular situation in the country who lose their jobs before the end of their employment contract. The Committee therefore requests the Government to clarify their legal status and their right to enjoy equality of treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining, and to confirm that migrant workers are not regarded as being in an irregular situation by the mere fact of the loss of their employment.

Article 10. National equality policy. The Committee recalls that section 5 of the Labour Code, which prohibits discrimination relating to employment, vocational training and social benefits, does not prohibit discrimination on the basis of nationality. The Government indicates that the terms “national extraction” and “social origin” include nationality and that the Labour Code therefore prohibits any discrimination based on this ground. The Committee draws the Government’s attention to paragraphs 762, 776 and 802 of its 2012 General Survey on the fundamental Conventions, containing definitions of the grounds of national extraction and social origin, which are separate from the ground of nationality. The Committee recalls that each Member for which the Convention is in force undertakes to declare and pursue a national policy designed to promote and to guarantee equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for migrant workers and the members of their families lawfully within its territory. The Committee requests the Government to indicate the manner in which it ensures that migrant workers or members of their families lawfully within its territory enjoy equality of opportunity and treatment in employment, occupation and social security. The Committee requests the Government to indicate the manner in which it ensures that foreign nationals who are legally resident in the country enjoy equality of opportunity and treatment in employment and occupation and are not victims of discrimination in this respect. The Committee urges the Government to include the ground of nationality in section 5 of the Labour Code the next time the Code is revised.

Equal treatment and trade union rights. The Committee recalls that sections 322.4 and 311.6 of the Labour Code contain conditions of residence and reciprocity for migrant workers to be able to take up trade union office or occupy management functions in employers’ organizations. The Government indicates that studies will be undertaken to consider whether or not to amend the relevant provisions of the Labour Code. The Committee once again draws the Government’s attention to the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions, whether it be of residence or reciprocity. The Committee therefore expresses the hope once again that the Government will amend sections 322.4 and 311.6 of the Labour Code accordingly. The Committee requests the Government to clarify, if applicable, the conditions necessary for the exercise of trade union functions or management functions in employers’ organizations by foreigners engaged in a professional activity and lawfully residing within the territory.

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The Committee notes with regret that the Government’s report has not been received. It notes, however, that a new Labour Code was adopted in 2014.

Legislation. The Committee notes the adoption of the Law No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code. The Committee notes that section 131.1 of the new Labour Code provides that “Where an employer intends to hire a foreign worker outside the West African States Economic Community (ECOWAS), he must obtain the prior approval of the public employment service under conditions determined by order of the Minister in charge of employment.” Section 131.1 also provides that “the hiring of foreign workers is governed by special regulations”. The Committee therefore requests the Government to provide a copy of the texts regulating the employment of foreign workers, including copies of the order determining the conditions under which the authorization of public employment service is granted.

Articles 3 and 6 of the Convention. In its previous comments, the Committee noted that the draft Labour Code extended the penalties for illegal immigration to the organizers of illicit or clandestine movements of migrants for employment in the territory of the Republic of Guinea, or from it, or transiting the territory. The Committee notes that section 131.4 of the new Labour Code provides that “an employer who uses the services of a foreign worker without the prior authorization of the public employment service and without obtaining a residence visa must, if having brought the worker from a foreign country, bear the full cost of repatriation”. The Committee therefore requests the Government to provide information on the measures taken to establish administrative, civil and criminal sanctions in respect of the illegal employment of migrant workers, the organization of migration in abusive conditions and knowingly assisting migration in conditions contravening relevant international, multilateral or bilateral instruments or agreements, or national legislation.

Article 8. Legal status in the case of loss of employment. In the absence of provisions in this regard in the new Labour Code, the Committee requests the Government to provide information on the legal status of migrant workers lawfully in the country who have lost their employment before the end of the employment contract and the manner in which they enjoy equal treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that section 3 of the new Labour Code provides that “the State ensures equal opportunities and equal treatment of citizens with regard to access to vocational training and employment, without distinction as to origin, race, sex, religion and philosophy.” In addition, the Committee notes that section 5, which prohibits all forms of discrimination based on sex, age, national origin, race, religion, colour, political and religious opinions, social origin, trade union membership or not and union activity, does not cover nationality. The Committee recalls that under Article 14(a) of the Convention, the State may make the free choice of employment subject to temporary restrictions for a prescribed period not exceeding two years. The Committee requests the Government to provide information on how it ensures that foreign nationals residing in the country for two years have equal treatment with nationals as regards access to employment and are protected against discrimination in employment.

Trade union rights. The Committee notes that section 322.4 of the new Labour Code reduces to at least three years (previously five years) the obligation of residence for foreign workers in a regular situation to be able to become trade union officials, and removes the requirement for nationals whose countries have concluded agreements stipulating reciprocity in trade union matters or with a national legislation granting the right to become a trade union official to foreigners without a prior three year residence requirement; the period of three years is removed or reduced to the delay in the agreement or legislation. Regarding foreigners’ access to management functions of employers’ organizations, the Committee notes that paragraph 1 of section 311.6 appears to remove the obligation of residence for foreigners, while paragraph 2 seems to require a minimum of three years of residence. While noting the progress made, the Committee again draws the Government’s attention to the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions, whether it be of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440). The Committee therefore hopes that the Government will amend sections 322.4 and 311.6 of the Labour Code. The Committee asks the Government to clarify, where applicable, the conditions necessary for the exercise of management functions of employer’s organizations by foreigners engaged in a professional activity and lawfully residing in the territory.

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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
The Committee notes that the draft Labour Code is awaiting submission to the future general assembly for adoption. It therefore requests the Government to keep the Office informed of progress in the adoption of the new Labour Code and to supply a copy of the text finally adopted.
Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.
Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6(1) of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.
Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.
Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years of the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.
Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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The Committee notes that the draft Labour Code is awaiting submission to the future general assembly for adoption. It therefore requests the Government to keep the Office informed of progress in the adoption of the new Labour Code and to supply a copy of the text finally adopted.

Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6(1) of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years of the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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Repetition
The Committee notes that the Government is still in the process of preparing a new Labour Code to update the 1988 Code, which it therefore requests the Government to keep the Office informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.
Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.
Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6(1) of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.
Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.
Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.
Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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The Committee notes that the Government is still in the process of preparing a new Labour Code to update the 1988 Code, which it therefore requests the Government to keep the Office informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6(1) of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

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The Committee notes that the Government is in process of preparing a new Labour Code to update the 1988 Code. It therefore requests the Government to keep it informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

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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:

1. Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2. Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3. Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4. Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

5. Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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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:

1. Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2. Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3. Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4. Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

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1. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms - once again - that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2. In regard to the application of Articles 3 and 6 of the Convention, the Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. It hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention - if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). It therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

5. Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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The Committee takes note of the information supplied by the Government in reply to its previous direct request.

1. With reference to the comments that it has been making for many years, the Committee notes with regret that the regulations envisaged under section 7 of the Labour Code and the text setting out the rules for the internal operation of the National Employment and Manpower Office (ONEMO), which in 1992 the Government stated would shortly be issued, have not yet been adopted. It trusts that the Government will not fail to supply a copy of the above texts in the near future.

2. The Committee notes the Government's statement that the requirement that migrant workers must have resided in Guinea for five years to become members of the trade union-leadership does not prejudice their possibility to participate in trade union activities and is principally intended to facilitate their integration into the workforce. The Government adds that, in the field of the trade union rights of migrant workers, the issue of reciprocity is almost never referred to in reports between States. However, the Committee considers that the application to migrant workers alone of the requirement of five years' residence in order to accede to trade union office is not in conformity with Article 10 of the Convention, the provisions of which are intended to promote equality of opportunity and treatment between foreign workers who are lawfully within the national territory and nationals. It once again requests the Government to indicate the measures which have been taken or are envisaged to bring sections 242 and 251 of the Labour Code of 1988 into conformity with these provisions of the Convention.

3. With reference to its previous comments, the Committee notes with regret that the Government's report contains no information on the measures which have been taken or are envisaged to give effect to the following provisions of the Convention:

- Article 3 and Article 6, paragraphs 1 and 2, which require the adoption of legislative measures and sanctions against the organizers of illicit or clandestine movements of migrants for employment;

- Article 8, which requires measures to establish that the loss of employment by a migrant worker who has resided legally in the national territory does not in itself imply the withdrawal of the authorization of residence or work permit, and to guarantee such workers equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining;

- Article 9, which requires measures to protect a number of the rights of migrant workers whose position is irregular.

4. Furthermore, the Committee requested the Government to supply information on the measures taken to facilitate the reunification of the families of migrant workers (Article 13), and on any measures governing the recognition of occupational qualifications acquired outside the country, and restricting access to limited categories of employment or functions (Article 14).

5. The Committee once again hopes that the Government will provide the information requested to enable it to examine national law and practice in the light of the Convention.

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The Committee notes the information supplied by the Government in its report, particularly concerning migrant workers working in Guinea and Guinean nationals working abroad. It also notes the information on the consultations with employers' and workers' organizations concerning migrants who are unlawfully employed.

1. With reference to its previous comments on the texts issued under the 1988 Labour Code, the Committee notes the information supplied by the Government to the effect that the regulations provided for under section 7 of the Labour Code and the text setting out the rules for the internal operation of the National Employment and Manpower Office have been prepared and will shortly be adopted. It asks the Government to provide a copy of these texts as soon as they have been adopted.

2. The Committee notes from the Government's previous report that section 251 of the Labour Code of 1988 has been amended so as to allow migrant workers who have resided legally in Guinea for five years to be members of the boards of trade unions. The Committee observes that this amendment is an improvement over the original text of the Code but recalls that under Article 10 of the Convention member States undertake to pursue a national policy to promote equality of opportunity between migrant workers who are lawfully within their territory and their own nationals. This national policy applies to trade union rights which include the right of employers' and workers' organizations to elect their representatives freely.

The requirement of five years' residence in order to accede to trade union office affects only migrant workers and is therefore not consistent with the policy of equal opportunity and treatment referred to above.

The Committee asks the Government to indicate the measures taken or envisaged to bring sections 242 and 251 of the Labour Code of 1988 into conformity with the provisions of the Convention on this point.

3. The Committee notes the indications contained in the Government's report concerning migrant workers from Member States of the Economic Community of West African States (ECOWAS). It recalls that Article 4 of the Convention provides, in particular, that Members shall take such measures as are necessary for systematic exchange of information with the States concerned to suppress clandestine movements of migrants and illegal employment of immigrants. The Committee requests the Government to continue to provide information on the measures taken in this area, particularly under ECOWAS instruments.

4. Furthermore, the Committee notes that the Government's report contains no information on the measures taken or contemplated to give effect to the following provisions of the Convention:

- Articles 3 and 6, paragraphs 1 and 2, which require the adoption of legal provisions and sanctions against the organizers of illicit or clandestine movements of migrants for employment;

- Article 8 which requires measures to ensure that the loss of employment by a migrant worker who has resided lawfully in the national territory shall not in itself imply the withdrawal of his authorization of residence or work permit, and that such workers enjoy equality of treatment with nationals particularly in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining;

- Article 9 which calls for measures to protect certain rights of migrant workers who are in an irregular situation.

5. The Committee also asked the Government to provide information on the measures taken to facilitate the reunification of the families of migrant workers (Article 13), and on any measures to regulate recognition of occupational qualifications acquired outside the country, and to restrict access to limited categories of employment or functions (Article 14).

6. The Committee hopes that the Government will provide the information requested to enable it to ascertain whether national legislation and practice are consistent with the Convention.

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The Committee takes note of the Government's report.

1. In the absence of specific information on the points raised in the comments of the last few years, the Committee is unable to ascertain whether national legislation and practice are in conformity with certain provisions of the Convention (Articles 3, 6, 8, 9, 10, 13 and 14).

It therefore requests the Government to provide any texts issued under section 7 of the Labour Code of 1988 governing the conditions for obtaining prior authorisation from the National Employment and Manpower Office and the recruitment of foreign workers, along with any other texts relating to these questions, which predate the Labour Code of 1988 and remain in force pursuant to the provisions of section 406 of the Code. The Committee also asks the Government to provide the text of the Decree provided for in section 373 of the Labour Code of 1988, setting out the rules for the internal operation of the National Employment and Manpower Office.

2. The Committee noted earlier that section 251 of the Labour Code reserves the right to be members of the boards of trade unions to resident nationals of Guinea. It notes the Government's statement that this section has been amended and the above right has been extended to persons who have been resident in Guinea for at least five years.

The Committee notes this improvement. It recalls, however, that the national policy designed to promote and to guarantee equality of opportunity and treatment for persons who as migrant workers are lawfully within the national territory, also applies to trade union rights which include the right of employers' and workers' organisations to elect their representatives in full freedom. The Committee asks the Government to indicate the measures taken or envisaged to bring sections 242 and 251 of the Labour Code into conformity with the policy of equal opportunity and treatment for persons who, as migrant workers, reside lawfully in the national territory.

3. The Committee again asks the Government to supply information on the consultations with employers' and workers' organisations to determine whether there are illegally employed migrant workers and whether there are movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening relevant international instruments or agreements, or national laws and regulations (Article 2, paragraph 2). It also asks the Government to provide information on any contacts and exchanges of information with other States to prevent clandestine and abusive migration and to prosecute the authors of manpower trafficking, in accordance with Articles 4 and 5.

4. The Committee asks the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.

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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:

With reference to its previous comments, the Committee notes, from the Government's report, that a series of regulations intended to give effect to the Convention is being prepared. The Committee therefore hopes that the Government will soon be in a position to indicate the progress achieved on the following points, which have been raised in its previous comments:

- the adoption of legislative measures and sanctions against the organisers of illicit or clandestine movements of migrants for employment (Articles 3 and 6, paragraphs 1 and 2, of the Convention);

- the adoption of legislative measures to give effect to the various Articles of the Convention as regards foreign workers in Guinea (Articles 8, 9, 13, 14(b) and (c)). The Committee once again requests the Government to indicate the regulations on the employment of foreigners used by the National Employment and Manpower Office, which it is responsible for supervising (Article 2, paragraph 1);

- the amendment of section 251 of the Labour Code, which reserves the right to be members of the boards of trade unions to resident citizens of Guinea, and which is incompatible with the equality of treatment set out in Article 10 and Article 12(d) which guarantee migrant workers who are lawfully within its territory the same trade union rights as nationals.

The Committee once again requests the Government to supply information on the consultations with employers' and workers' organisations to determine whether there are illegally employed migrant workers and whether there are movements of migrants for employment, either to or from Guinea, under abusive conditions (Article 2, paragraph 2) and on any contacts and exchanges of information with other States in order to prevent clandestine and abusive migration and to prosecute the authors of manpower trafficking, in accordance with Articles 4 and 5.

The Committee requests the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.

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- the adoption of legislative measures and sanctions against the organisers of illicit or clandestine movements of migrants for employment (Articles 3 and 6, paragraphs 1 and 2, of the Convention);

The Committee requests the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.