Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Guinea (Ratification: 1995)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government, in reply to the Committee’s previous comments, indicates that no ad hoc commission has ruled on matters relating to international labour standards. It indicates that such matters fall exclusively within the remit of the National Directorate for Employment, Labour and Social Legislation (DNETLS). The Government adds that section 515.7 of the Labour Code provides that the national framework for social dialogue is the National Social Dialogue Council, a standing tripartite body comprising two substructures: the Labour and Social Legislation Advisory Commission, responsible for social dialogue in the private and semi-public sectors, and the Public Service Commission, responsible for social dialogue in the public sector. The Government indicates that, since the promulgation of the Labour Code by Decree No. L/2014/PRG/SGG of 10 January 2014, the Labour and Social Legislation Advisory Commission has had two sessions. The first was a special session on 20, 21 and 28 August 2014, during which the following were adopted: Order No. A/2015/085/METFPET/DNTLS/CAB on the use of foreign labour; Joint Order No. A/2015/083/METFPET-MEF/CAB on fees for work permits in the Republic of Guinea; and Order No. A/2015/084/METFPET/CAB on determining protected jobs in the private and related sectors. The second was an ordinary session that took place from 10 to 17 April 2015 and led to the signing of a Decree on the creation, organization and functioning of the National Social Dialogue Council on 16 April 2016. While welcoming the information provided, the Committee nevertheless recalls that the purpose of the procedures provided for in the Convention are effective tripartite consultations on the matters covered in Article 5. The Committee therefore requests the Government to provide updated information on the tripartite consultations held in the National Social Dialogue Council, its two substructures and any other tripartite structure tasked with giving effect to Article 2 of the Convention, as well as on the tripartite consultations held on each of the matters relating to international labour standards, in particular in relation to the questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). It also requests the Government to send a copy of the Decree on the creation, organization and functioning of the National Social Dialogue Council and to indicate the frequency of the Council’s meetings.

Article 4(2). Training. In its report, the Government thanks the ILO for its continued efforts regarding capacity building for workers. It nevertheless asks the ILO for further training for managers and supervisors on international labour standards, indicating that such training was last offered in 2012. Taking into account the willingness of the Government to have further training on international labour standards, the Committee reminds the Government that it may have recourse to the technical assistance of the Office if it so wishes. It hopes that such assistance may be provided in the near future and that the Government will soon be in a position to report training activities that might have been held in cooperation with the ILO.