Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

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.