Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea (Ratification: 1960)

The Committee recalls the adoption on 10 January 2014 of Act No. L/2014/072/CNT issuing the Labour Code, to which the Government refers in its brief report.

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislative developments. Private sector. The Committee notes with interest that section 5 of the new Labour Code prohibits discrimination “in all its forms” and that this prohibition covers not only the seven grounds of discrimination enumerated in Article 1(1)(a) of the Convention, but also additional grounds of discrimination, as envisaged in Article 1(1)(b), namely: age; membership or not of a trade union; trade union activities; disability; and “real or supposed status of a person living with HIV”. The Committee requests the Government to provide information on the effect given in practice to section 5 of the Labour Code, including any decisions by the labour inspectorate or the courts relating to discrimination in employment and occupation.

Public service. The Committee notes that the Labour Code of 2014, in the same way as the former Labour Code of 1988, excludes public officials from its scope of application (section 2). The Committee recalls that it has been drawing the Government’s attention for over 25 years to the fact that, in view of this exclusion and the restrictive provisions of section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 establishing the general principles of the public service, public officials still do not benefit from protection in law against discrimination in employment and occupation, including during recruitment, on the basis of race, colour, national extraction, political opinion and social origin. In its previous comment, the Committee also emphasized that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the general conditions of service of public officials, to which the Government referred in its previous report, does not cover all aspects of discrimination based on race, colour or national extraction, and particularly discrimination based on the social origin of a person. In order to ensure that public officials and applicants for employment in the public service are afforded protection against any direct or indirect discrimination on the basis of at least all of the grounds of discrimination covered by Article 1(1)(a) of the Convention, notably race, colour, sex, religion, political opinion, national extraction and social origin, the Committee once again requests the Government to take the necessary measures to amend section 11 of Act No. L/2001/028/AN issuing the general conditions of service of public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles of the public service, and to provide information on any measures taken for this purpose.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the inclusion in the 2014 Labour Code (sections 9 and 10) of provisions on quid pro quo sexual harassment and sexual harassment resulting from an intimidating, hostile or humiliating working environment (definition, protection of victims and witnesses against penalties and dismissal, reversal of the burden of proof, etc.). The Committee also welcomes the inclusion of provisions defining moral harassment at work (section 8) and violence at work (section 7). The Committee requests the Government to provide information on the effect given in practice to sections 9 and 10 of the Labour Code, with an indication of whether prosecutions have been initiated under these provisions and, where appropriate, the penalties imposed.

Article 1(2). Exceptions. Inherent requirements of a particular job. The Committee notes with interest that section 5 of the Labour Code provides that exceptions from the principle of non-discrimination shall be based on the inherent requirements of a particular job, as set out Article 1(2) of the Convention. Recalling that this exception must be interpreted in a restrictive manner so as to avoid any undue restriction on the protection afforded by the Convention, the Committee requests the Government to provide information on the application of the provisions of section 5 by the labour inspectorate and the courts.

The Committee is raising other matters in a request addressed directly to the Government.