Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guinea (Ratification: 1959)

Observations from workers’ organizations. In its previous observation the Committee asked the Government to send comments on the observations made in 2008 and 2010 by the International Trade Union Confederation (ITUC) containing serious allegations of assaults by the security forces on demonstrators and strikers, and arrests of trade unionists, the ransacking of the headquarters of the National Confederation of Workers of Guinea (CNTG) and the search by military personnel of the residence of the general secretary of the CNTG.

The Committee notes the Government’s indication in its report that: (1) following a transition period (2008–10) and free, transparent and democratic presidential elections, acts of violence, murders and disappearances of trade union leaders are a thing of the past, and fundamental rights at work are scrupulously respected; (2) the Government enjoys excellent collaborative relations with the trade union movement; (3) in its desire to create a climate of lasting peace, the Government has just established a forum for periodic consultation with the social partners, including the CNTG; and (4) this forum has enabled negotiations to be held aimed at improving workers’ living conditions and the Government will make every effort to ensure the application in law and in practice of the international standards which it has freely adopted. The Committee further notes the observations of 31 July 2012 from the ITUC, which report the attempted assassination of the newly elected general secretary of the CNTG, death threats received by other leaders and an attack on the confederation’s headquarters which resulted in serious injuries to seven persons. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. Moreover, in the event of assaults on the physical or moral integrity of individuals, an independent judicial enquiry should be instituted without delay since this is a particularly appropriate method for fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. The Committee requests the Government to take the necessary steps to ensure observance of these principles.

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. The Committee’s previous comments referred to the need to take steps to set up an independent body having the confidence of the parties, in order to reach a decision without delay on the difficulties encountered in the definition of the minimum service in the event of disagreement between the parties in the transport and communication services. The Committee notes the Government’s indication that: (1) to date, no independent body exists for deciding on this matter; (2) by means of Order No. 2732/MEFPRATE/CAB/2010 establishing the structure and operation of the Labour and Social Legislation Advisory Committee, the Government has established a tripartite body whose task is to rule on all questions relating to the world of work; (3) a national body for social dialogue will be established in the very near future; (4) these questions will be placed on the agenda of forthcoming sessions of the Labour and Social Legislation Advisory Committee; and (5) the Government is requesting technical assistance from the Office in this respect. The Committee hopes that the technical assistance requested by the Government will be provided in the very near future and requests the Government to supply information in its next report on the work done by the Labour and Social Legislation Advisory Committee on the definition of minimum services in the transport and communication services.

The Committee’s previous comments also referred to the need to take steps to ensure that compulsory arbitration is restricted to cases where both parties agree to request it, in essential services in the strict sense of the term, or in the event of an acute national or local crisis (sections 342, 350 and 351 of the Labour Code). The Committee notes the Government’s indication that a draft Labour Code is being prepared and that sections 433(1) and (6) take account of the Committee’s comments in this regard. The Committee requests the Government to supply information in its next report on the status of the legislative process relating to the new Labour Code and to send a copy of the legislative text once it has been adopted.