Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

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.