Texts of pending comments

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee asked the Government to provide information on the tripartite consultations held in the National Social Dialogue Council (CNDS), 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 (Article 5(1)). The Committee notes the information provided by the Government on the constitutional, legislative and regulatory provisions governing social dialogue at the national level. It also notes that advisory bodies have been established within the Ministry of the Civil Service and Labour, in particular the CNDS, established by Decree No. D/2016/256/PRG/SGG, pursuant to sections 515.7–515.9 of the Labour Code; and the Labour and Social Legislation Advisory Committee (CCTLS), established by Order No. A/2017/3552/METFPTE/DNTLS/CAB, pursuant to sections 515.1–515.6 of the Labour Code. The Government indicates that the CNDS is a tripartite body composed of 48 titular and alternate members from the Government and the employers’ and workers’ organizations. It also indicates that the CCTLS is a tripartite structure tasked with social dialogue in the private and semi-public sectors. As regards the question of tripartite consultations on international labour standards, the Government indicates that on the eve of each session of the International Labour Conference (ILC), the representatives of employers’ and workers’ organizations are consulted, in particular on matters relating to the participation of the Guinean tripartite delegation in the Conference and on the items on the ILC agenda. The Government further indicates that at the 109th Session of the ILC the Guinean delegation made a recommendation regarding the organization of a session of the CCTLS concerning international labour standards to enable the Government and social partners to discuss the points raised by the Committee of Experts. However, the Committee notes that no consultations have been held so far. Noting that the Government has not provided any specific information on the tripartite consultations on international labour standards required by Article 5 of the Convention, the Committee once again requests the Government to provide detailed, up-to-date information on the frequency, content and results of 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)).

Article 4(2). Training. The Committee notes that the Government has not supplied any information on arrangements made at the national level to finance training on the consultation procedures provided for by the Convention. The Committee requests the Government to provide detailed information in its next report on appropriate arrangements made for the financing of any necessary training of participants in the consultations provided for by the Convention.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, and of the National Employers’ Council of Guinea, transmitted with the Government’s report, which cover matters examined by the Committee.

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee requested the Government to provide information on the determination of minimum services in the context of collective disputes through the framework for concerted social dialogue, and particularly to indicate the minimum services determined in the transport and communications services, where difficulties had previously been reported. The Committee notes with interest the Government’s indication that, following the development of the National Social Dialogue Charter, Decree No. 256 of 23 August 2016 establishing a National Social Dialogue Council was adopted. The Committee notes that, in accordance with section 4 of the Decree, the Council is responsible for ensuring permanent dialogue between the State and all the social partners, and that section 5(2) provides that the Council shall be consulted on major disputes. The Committee further notes that section 7 of the Decree provides for the tripartite composition of the Council and the appointment of its members. The Government adds that it will take every measure for its effective implementation, including the appointment of its members. The Committee notes the indication by the National Employers’ Council of Guinea, suggesting that the Council could also address, in addition to the transport and telecommunications sectors, services such as banking and insurance, health, education and microfinance. The Committee requests the Government to provide information on the work of the National Employers’ Council of Guinea in resolving disagreements concerning the determination of minimum wages. The Committee once again requests the Government to indicate the minimum services determined in the transport and communications services, where difficulties had previously been reported, including by the ITUC in its observations referred to above.

The Committee recalls that in its previous comment it noted that, under the terms of section 431(5) of the Labour Code, employees are entitled to cease working completely, on condition that indispensable security measures and a minimum service are ensured. In this regard, the Committee previously requested the Government to take the necessary measures to amend section 431(5) of the Labour Code in order to limit the possibility to establish a minimum service to the following situations: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (that is, essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee also noted that, under the terms of sections 433(1) and 434(4) of the Labour Code, read in conjunction, recourse to arbitration may be compulsory in a dispute of such a nature as to compromise the normal functioning of the national economy. In this regard, the Committee recalled that compulsory recourse to arbitration to bring an end to a collective labour dispute or a strike is only acceptable in cases where strikes may be subject to restrictions, or even prohibited, namely: (i) in the case of disputes concerning public servants exercising authority in the name of the State; (ii) in disputes in essential services in the strict sense of the term; or (iii) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (see General Survey op. cit., paragraph 153). The Committee also noted the possibility envisaged in section 434(4) of the Labour Code to make executory an arbitration award despite the expressed opposition of one of the parties within the time limits set out in the law, which amounts to empowering the public authorities to bring an end to a strike, instead of the highest judicial authorities. The Committee therefore requested the Government to take the necessary measures to amend section 434(4) of the Labour Code as indicated above. The Committee notes the Government’s indication that it has established a commission to review the Labour Code, with a view to its revision, and that sections 431(5) and 434(4) will be analysed and discussed by this commission. The Committee welcomes the establishment of the commission to review the Labour Code and hopes that sections 431(5) and 434(4) of the Labour Code will be amended in the near future. The Committee requests the Government to report any progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee emphasized the need to ensure that protection against acts of anti-union discrimination is not confined solely to trade union delegates and to extend it to all workers. The Committee notes with interest that the new Labour Code contains in its preliminary Title a section prohibiting discrimination in all its forms, including discrimination based on membership or not of a trade union and on trade union activity, and which provides that any act or measure contrary to this prohibition shall be absolutely null and void, unless an exception is set out in the specific provisions of the Labour Code or any other law or regulation. Noting that several provisions of the Labour Code, some of which relate to unjustified termination of employment (section 172(10)) and in other cases to anti-union acts (sections 321(1) and 523(19)) provide for the payment of damages or fines, the Committee requests the Government to specify whether these financial penalties are in addition to the act being null and void, as set out in the preliminary Title of the Labour Code, and whether the anti-union nature of dismissal or any other act by the employer also results in the reinstatement of the worker in the conditions of work or employment applicable prior to the anti-union act. In general terms, the Committee also requests the Government to provide information on the effect given in practice to the various provisions of the Labour Code prohibiting anti-union discrimination.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had emphasized the need to include in the draft new Labour Code specific provisions on protection against acts of interference in the internal affairs of workers’ and employers’ organizations, accompanied by effective and expeditious procedures and sufficiently dissuasive penalties. The Committee notes that section 332(7) of the new Labour Code prohibits interference by the employer in trade union activities. Noting the general nature of the wording of section 332(7) of the Labour Code, the Committee requests the Government to take measures, including legislative measures where necessary, to ensure that the prohibition of anti-union interference set out in the Labour Code effectively covers all of the acts prohibited by Article 2 of the Convention.

The Committee also notes that, in accordance with section 523(30) of the Labour Code, acts of interference give rise to a fine of between GNF2 and 5 million. While recalling the importance of the provision of dissuasive penalties so as to ensure compliance with Article 2 of the Convention in practice, the Committee requests the Government to provide information on the effect given to the provisions of the Labour Code which prohibit and sanction acts of anti-union interference.

Article 4. Promotion of collective bargaining. Determination of the representativity of trade union organizations. In its previous comments, the Committee requested the Government to indicate any new developments in relation to the judicial and administrative appeals against Decree No. D/2014/257/PRG/SGG regulating social elections in the public, para-public and private sectors. The Committee notes the Government’s indication that the judicial and administrative appeals lodged against the Decree are following their normal course and are currently before the Supreme Court, which will transfer them at the appropriate time to the Constitutional Court. Recalling the need for the sound application of the Convention, of the existence of objective and reliable mechanisms for the determination of the representative character of trade unions, and observing that this matter has been raised in a case examined by the Committee on Freedom of Association (Case No. 3169), the Committee emphasizes the importance for the competent courts to issue their decisions rapidly on the appeals lodged against Decree No. D/2014/257/PRG/SGG and requests the Government to provide information on any further developments in this regard.

Right of collective bargaining in practice. The Committee notes the information provided by the Government concerning three sectoral collective agreements concluded between 2015 and 2017, and those that are being drafted in the airports and press sectors. The Committee invites the Government to continue providing information on the collective agreements concluded, the sectors concerned and the number of workers covered.

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Articles 3(1) and 4(1) of the Convention. Condition of the residence of workers for entitlement to benefit. In its previous comments, the Committee requested the Government to clarify the manner in which entitlement to medical care, maternity benefit and family benefit is accorded to persons covered by the general social security scheme, particularly where they are not covered by the Economic Community of West African States (ECOWAS) General Convention on Social Security. The Committee notes that section 4(1) of the Social Security Code provides that all workers governed by the Labour Code are covered by the general social security scheme and that the Labour Code applies to all contracts performed on the national territory, irrespective of where the contract was concluded and the place of residence of either party to the contract (section 121(7) of the Labour Code, the Act of 10 January 2010). However, entitlement to family benefits, including family allowances and daily maternity benefits (sections 93 and 94(1) of the Social Security Code), and entitlement to health care (section 109(2) of the Social Security Code), is only granted to workers who are resident on the national territory. The Committee requests the Government to indicate whether the residence condition set out in the above sections of the Social Security Code for entitlement to family allowances, maternity benefit and health care, applies to all workers, irrespective of whether or not they are nationals, and particularly to nationals of other Member States for which the Convention is in force, in accordance with Articles 3(1) and 4(1) of the Convention.

Articles 5, 7 and 8. Provision of benefits abroad, maintenance of acquired rights and rights in course of acquisition and conclusion of social security agreements. In its previous comment, the Committee noted the conclusion in 2012 of the ECOWAS General Convention on Social Security based on the principles established by ILO Conventions on equality of treatment and the maintenance of acquired rights and rights in course of acquisition with the objective, among others, of ensuring the effective coordination of social security systems so that migrant workers who have worked in one of the ECOWAS Member States can exercise their right to social security in their country of origin. The Committee requests the Government to indicate the specific progress made in the implementation of the ECOWAS General Convention on Social Security, particularly in relation to the coordination of the social security schemes of the countries that are parties to that Convention.

The Committee also requests the Government to provide information on any measures adopted or envisaged, and particularly the conclusion of any other multilateral or bilateral agreements, with a view to ensuring:

- the maintenance of acquired rights and rights in course of acquisition with Members for which the Convention is in force and which are not ECOWAS Member States in relation to old-age benefits, survivors’ benefits and death grants, and employment injury pensions, in accordance with Articles 7 and 8 of the Convention; and
- the provision of the above benefits abroad to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention in respect of the same branches of social security, in accordance with Article 5 of the Convention.

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Article 5 of the Convention. Payment of benefits abroad. In its previous comments, the Committee noted the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims to enable migrant workers who have worked in one of the 15 ECOWAS Member States to exercise their right to social security in their country of origin through the coordination of national social security systems, while noting that Cabo Verde was however the only other ECOWAS Member State that had ratified Convention No. 118. The Committee recalls that, under the terms of Article 5(1), Guinea is under the obligation to guarantee the provision of old-age benefits, survivors’ benefits and death grants, and employment injury pensions to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of these branches, when they are resident abroad. The Committee requests the Government to indicate whether, as provided in section 91 of the Social Security Code, issued by Act No. L/94/006/CTRN of 14 February 1994, the provision of the above benefits is guaranteed in practice to nationals of other States that are parties to the Convention which have accepted the same branches, when they are resident abroad. In this regard, the Committee once again requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund and to indicate whether procedures are also envisaged in the case of residence in a third country. The Committee also once again requests the Government to indicate whether Guinea nationals who transfer their residence abroad can also receive their benefits abroad, in accordance with Article 5 of the Convention.

Articles 6 and 10. Payment of benefits to families. With reference to the comments that it has been making for many years concerning the provision of family allowances to workers whose children are resident abroad, the Committee noted in its previous comment that, under the terms of section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Organization, reciprocal agreements or bilateral or multilateral agreements. The Committee recalls that, in accordance with Article 6 of the Convention, any State which has accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. Article 10(1) of the Convention also provides that the provisions of the Convention apply to refugees and stateless persons without any condition of reciprocity.

In the absence of updated information at its disposal on this matter, the Committee once again requests the Government to indicate whether family benefit is also provided for insured persons who are up to date with their contributions, whether they are nationals of Guinea or of States which have accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), whose children are resident on the territory of one of the States that has ratified the Convention and accepted the obligations for the same branch, in accordance with Article 6 of the Convention, as well as to refugees and stateless persons without any condition of reciprocity, as provided in Article 10(1) of the Convention. The Committee also reiterates its request to the Government to provide information on the manner in which, in such cases, the lifting of the condition of residence in accordance with the above provisions of the Convention is harmonized in practice with the application of section 99(2) of the Social Security Code, which only recognizes as dependent those children who live with the insured person, and with section 101, under which the provision of family allowances is subject to an annual medical examination of the child, up to the age at which the child comes under the school medical service and the care provided to those attending educational or vocational training courses.

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

Article 4(1) of the Convention. Protection of public officials and their families. The Committee notes the two implementing decrees of Act No. L/2001/028/AN/2001 issuing the General Public Service Regulations, establishing the National Social Insurance Fund for State Officials (D/2014/063/PRG/SGG) and creating a National Institute of Compulsory Health Insurance (D/2014/063/PRG/SGG), provided by the Government in reply to its previous request. However, the Committee notes that these decrees do not contain any specific provisions giving effect to the Convention. The Committee therefore requests the Government to provide information on the protection provided in national law and practice to State officials and employees in the event of employment injury and to provide a copy of the provisions and legislative texts adopted in this respect.

Article 8. Occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that, while awaiting the finalization of the process of revising the list of occupational diseases of 1992, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, remains the reference framework used in the Republic of Guinea. The Committee takes due note of this information and requests the Government to report any legislative developments concerning the updating of the list of occupational diseases of 1992, and recalls the requirements of Article 8 of the Convention in this regard.

Articles 19 and 20. Rate of benefits. In its previous comments, the Committee requested the Government to provide the statistical data requested in the report form, which is necessary to determine whether the rate of the benefits paid in the event of temporary incapacity, permanent incapacity or the death of the breadwinner attains the minimum level prescribed by the Convention, with an indication of whether Article 19 or Article 20 of the Convention has been used in this regard. In the absence of a reply from the Government on this subject, the Committee reiterates its request to the Government for the above information and reminds it of the possibility of availing itself of ILO technical assistance for this purpose.

Article 21. Review of the rates of employment injury pensions. The Committee once again requests the Government to provide a copy of the ministerial order envisaged in section 92 of the Social Security Code to establish the procedures for reviewing employment injury pension rates.

Article 22(2). Provision of employment injury benefit to dependants. In its previous comments, the Committee noted that, under the terms of section 91 of the Social Security Code, a decree shall set out the cases and limits within which, in the event of the suspension of employment injury benefits, part of these benefits are to be provided to the dependants of the beneficiary. The Committee once again requests the Government to indicate whether the decree has been adopted and to provide a copy.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 6 of Convention. Policy for the promotion of paid educational leave. Participation of the social partners. Application in practice. In reply to the Committee’s previous comments, which related to the existence of a policy to promote the granting of educational leave, the Government indicates that the country does not have a policy on this subject. However, the Government refers in its report to the legal provisions deeming a period of educational leave to be time actually worked (section 222.9 of Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code and section 44 of Act No. L/2001/028/AN of 31 December 2001 issuing the general conditions of employment of public officials). The Government indicates that, as set out in the Labour Code, paid educational leave is granted following the allocation of a training grant at all levels of general, social, civic and trade union education. In this regard, the Committee notes that, in the case of workers’ educational leave, the contract of employment is suspended. Moreover, in the case of public officials, the Committee notes that the entitlement of public officials to remuneration and promotion may be suspended due to engagement in studies and research of general interest, and that the duration of the suspension cannot be less than one year or more than two years. The Committee trusts that the Government will provide detailed information demonstrating that it has formulated and is applying a policy designed to promote the granting of paid educational leave for the various training and education purposes set out in the Convention. It requests the Government to describe the manner in which the public authorities, employers’ and workers’ organizations and institutions providing education and training are associated with the formulation and application of the policy to promote paid educational leave. Finally, the Committee invites the Government to provide any reports, studies, inquiries and statistics indicating the level to which the Convention is applied in practice.

Articles 3, 6 and 8 of the Convention. National non-discrimination policy. Information and education. Protection against dismissal. In its previous comment, the Committee emphasized that that there was still no national policy concerning workers with family responsibilities and it asked the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities. It also recalls that it previously highlighted the absence of a provision prohibiting dismissal on the basis of family responsibilities in the Labour Code and it asked the Government to indicate the measures taken or envisaged to ensure that family responsibilities do not constitute a valid reason for terminating the employment relationship. The Committee notes the Government’s brief indications in its report that it will take account of the Committee’s concerns in the context of the forthcoming revision of the Labour Code and requests ILO technical assistance in the process of revision of the Code. The Committee also notes the Government’s general reference to the formulation of “national policies on children and welfare, the family and social values”. While recognizing the difficult situation prevailing in the country, the Committee requests the Government to formulate and implement a genuine national policy having the objectives, inter alia, of eliminating all discrimination in law and practice against workers with family responsibilities and promoting the principle of equal opportunities and treatment for these workers in all areas of employment and occupation. To this end, the Committee requests the Government to take steps to: (i) prohibit explicitly in the Labour Code any discrimination on the basis of family responsibilities in all areas of employment and occupation, including recruitment and dismissal; (ii) allow workers with family responsibilities to be informed of their rights and to assert them; and (iii) support these workers, particularly through the setting up of suitable structures and mechanisms and the implementation of public awareness-raising and information campaigns on the problems faced by workers with family responsibilities. The Committee requests the Government to provide information on each of the points raised above and to send copies of the national policies to which it refers in its report.

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

Article 4 of the Convention. Right to leave. With regard to the matter of extending to men the possibility granted to women of taking a maximum nine months’ unpaid leave, as provided for in section 153.4 of the Labour Code, following the birth of a child, the Committee notes the Government’s brief indications that it will take account of the Committee’s concerns in the context of the forthcoming revision of the Labour Code and requests ILO technical assistance with respect to the revision of the Code. In this regard, in the general observation which it adopted in 2019 on workers with family responsibilities, the Committee underlines the importance of challenging traditional stereotypes of gender roles in caregiving, unpaid work and paid employment in order for families to be free to divide and share care-giving responsibilities regardless of gender and to allow them to reconcile those responsibilities with employment to the fullest extent possible. Thus, the Committee calls for the extension of measures adopted at the national and workplace levels enabling the reconciliation of work and family responsibilities also to apply to men. While recognizing the difficult situation prevailing in the country, the Committee requests the Government to provide information on all developments in this regard.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that considerable efforts are made by the State, through the communes, to create care and leisure facilities for children and that, in parallel, non-governmental organizations support the provision of care for children, including healthcare, and assistance for families. The Committee welcomes the Government’s indication that community support centres for the children of workers with family responsibilities have been constructed or rehabilitated (628 public care structures and 348 private care structures providing childcare, and 1,746 urban, suburban and rural community support centres). The Government adds that the State has set up family care and assistance centres for children and women while creating facilities to cater for them but that it is difficult to provide statistics on the capacity and exact number of these structures, including because many of them are informal. The Committee underlines the importance of establishing such services and facilities and recalls that if workers with family responsibilities are unable to secure the necessary services and care for their family members while engaging in employment, in practice they are forced to give up their jobs. Furthermore, it recalls that the objective of the Convention, which is to ensure equal treatment for workers of both sexes who have family responsibilities and between these and other workers, should also be reflected in the resources provided so that these workers can discharge these responsibilities in all areas of their lives. In light of the above, the Committee requests the Government: (i) to continue taking measures to take account of the needs of workers with family responsibilities in community planning, at the local or regional level, and to intensify its efforts; (ii) to develop or promote the creation and implementation of public or private community services, such as childcare and family services and facilities; and (iii) to provide information on any measures taken in this regard. The Committee also once again requests the Government to provide all available data on the number and capacity of existing childcare structures.

Article 7. Labour market integration. Vocational guidance and training. The Committee notes that the Government, in response to its request to provide information on the training courses that are actually offered to workers following an absence due to family responsibilities, refers to the provisions of the Labour Code and Act No. L/2019/0027/AN issuing the general regulations on maternity leave for civil servants. The Committee recalls that Article 7 of the Convention provides that “[a]ll measures compatible with national conditions and possibilities, including measures in the field of vocational guidance and training, shall be taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.” This refers in particular to vocational guidance, counselling, information and placement services which are staffed by suitably trained personnel and are able to respond adequately to the special needs of workers with family responsibilities (Paragraph 14 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165)). The Committee requests the Government to provide information on any measures relating to vocational guidance, training, development, placement, reorientation or re-integration taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities (for example, when returning to work after maternity or parental leave or after raising children).

Article 11. Employers’ and workers’ organizations. The Committee notes that the Government reaffirms that the tripartite Labour and Social Legislation Advisory Commission deals with matters relating to workers with family responsibilities, under section 515.1 et seq. of the Labour Code. Referring to its general observation of 2019, the Committee highlights the importance of social dialogue and collective bargaining in the application of the Convention and expresses the hope that employers’ and workers’ organizations will continue to participate in the formulation and implementation of national, sectoral and workplace policies, and of innovative measures aimed at giving effect to the rights established by the Convention. The Committee requests the Government to indicate whether the Labour and Social Legislation Advisory Commission has recently discussed these matters and made proposals in this regard, indicating, if applicable, their content.

General observation. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on workers with family responsibilities, adopted on 2019. In such observation, the Committee recalls the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stresses the importance of the Convention in achieving this goal. The Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards: (i) making non-discrimination of workers with family responsibilities and the adoption of measures to facilitate the reconciliation of work and family responsibilities explicit aims of their national policy; (ii) regularly monitoring and assessing the results achieved within the framework of the national policy towards achieving the aims of the Convention with a view to adjusting the measures adopted or envisaged; (iii) launching regular public information campaigns to promote the sharing of family responsibilities and remove misconceptions around care roles; (iv) ensuring that workers with family responsibilities have effective equal opportunities and rights to enter, re-enter and remain integrated in the labour market; (v) expanding and increasing access of all workers to voluntary and protected measures of working arrangements and leave that facilitate reconciliation of work–family life; (vi) expanding measures that support the reconciliation of work and family responsibilities within social protection systems; (vii) establishing and expanding adequate quality childcare and family services at community level; (viii) promoting social dialogue, collective bargaining and other measures to strengthen, facilitate and encourage the implementation of the principles of the Convention; and (ix) enhancing the capacity of enforcement authorities, including labour inspectors, tribunals, courts, and other competent bodies, to identify, prevent and remedy cases of discrimination in employment and occupation related to family responsibilities. The Committee asks the government to provide information on any measures taken or foreseen to apply the points referred to above.

The Committee takes note of the Government's first reports.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 176 (OSH in mining) and 187 (promotional framework for OSH) in a single together.

1. Promotional Framework for Occupational Safety and Health Convention (No. 187)

The Committee notes that the Governing Body, in March 2021, declared as admissible a representation submitted under article 24 of the ILO Constitution alleging non-observance by Guinea of this Convention as well as of the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95), and appointed a tripartite committee to examine it (GB.341/INS/14/6, March 2021).

Legislation. The Committee notes that, in its report, the Government indicates that regulations (implementing orders) define the safety and protection measures that shall be implemented in enterprises, the conditions of application as well as the employer’s obligations in terms of training and awareness-raising of workers. The Committee also notes that as order of the Minister of Labour has been adopted to specify the modalities of application of section 231.8 of the Labour Code, which concerns the powers of labour inspectors when the facts they observe present a serious and imminent danger to the physical integrity of workers. The Committee further notes that the Government provides information on two draft orders relating to OSH which are currently being prepared (one order concerns the general protection and health measures applicable to all establishments subject to the Labour Code and the other order concerns the mission and functioning of the safety and health committees set up at the level of establishments or enterprises). The Committee requests the Government to provide a copy of all OSH orders in force, including the one adopted under Article 231.8 of the Labour Code. The Committee also requests the Government to continue to provide information on the process of adoption of the two draft OSH orders mentioned above and to provide copies after their adoption.

Article 2(3) and Article 4(3)(f). Effective consultations between government, employers’ and workers’ representatives. National tripartite consultative body. The Committee notes that section 515.1 of the Labour Code provides that a Consultative Commission on Labour and Social Legislation (CCTLS) shall be established under the Minister of Labour and that its permanent tasks concern: (i) receiving consultations for the development of all legislation concerning labour, employment, continuing education, social security, hygiene, health and safety at work; (ii) studying problems concerning labour, employment, social security, hygiene, health and safety in enterprises, vocational training, the improvement of working conditions and fundamental freedoms and, (iii) the establishment of a permanent tripartite consultation mechanism to promote the implementation of international labour standards and the scrupulous observance of ratified Conventions, and to draw up regular reports on the application of ILO Conventions and Recommendations in the field. The Committee also notes that, according to section 515.3 of the Labour Code, the CCTLS has a tripartite composition. The Committee further notes that the Government informs about the adoption of Order A/2017/3552/METFPET/DNETLS on the establishment, organisation and functioning of the CCTLS. The Committee requests the government to provide detailed information on the functioning and the activities of the CCTLS in practice, including information on its meetings, their frequency, and their outcomes. The Committee also requests the Government to provide a copy of the decree on the creation, organisation and functioning of the CCTLS.

Article 3. National OSH policy. The Committee notes that the Government states that: (i) a national OSH policy has been adopted; (ii) however, steps have been taken by the National Occupational Health Service before the National Directorate of Labour and Social Legislation to develop a policy in accordance with the guidelines of the Occupational Safety and Health Convention, 1981 (No. 155); and, (iii) the terms of reference of this new policy will be drawn up shortly. The Committee requested the Government to take the necessary steps to finalise the development of the national OSH policy in the near future. The Committee requests the Government to take steps to ensure that this policy is developed in accordance with Article 3 of the Convention. The Committee also requests the Government to provide information on the periodic review of the national OSH policy, as well as on the consultations carried out with the most representative employers' and workers' organisations during its development. Finally, the Committee requests the Government to provide a copy of the policy once it is adopted.

Article 4. National OSH system. The Committee notes the Government's indication that the national OSH system includes most of the components listed in Article 4, paragraph 3 of the Convention and that the establishment and operation of these components have a legal basis. However, the Government draws attention to the fact that the national OSH system is known to be dysfunctional due to a lack of technical and material resources. The Committee requests the Government to provide further information on any problems that hinder the functioning of the national OSH system in general, specifying which are the problems, to which elements of the system they relate and the measures taken or envisaged to address these problems.

Article 4, paragraph 2(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that section 231.2 of the Labour Code provides that all establishments or undertakings regularly employing at least 25 workers must set up a safety and health committee, and that the committee's task is to study, draw up and ensure the implementation of preventive and protective measures in the field of occupational safety and health. The Committee requests the Government to provide information on the arrangements taken or envisaged to promote, cooperation between management, workers and their representatives, in undertakings which regularly employ fewer than 25 workers.

Article 4, paragraph 3(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. With regard to the collection of data covered by this Article of the Convention, the Committee notes that the Labour Code provides that: (i) the employer is obliged to report to the body responsible for social security and to inform the labour inspector of occupational accidents and diseases within 48 hours of the occurrence of the occupational accident or disease (section 152.1); and, (ii) the occupational health services of enterprises must provide quarterly activity reports to the national service responsible for occupational health, including, inter alia, statistics on diseases ascertained or treated (section 232.8). The Committee also notes that according to section 84 of the Social Security Code, as part of the general policy of prevention, health and safety, and health and social action, the National Social Security Fund must collect, for the various categories of establishments, all the information needed to compile statistics on occupational accidents and diseases, taking into account their causes and the circumstances in which they occurred, their frequency, their effects, and in particular the duration and extent of the resulting disabilities. Noting the absence of information in this respect, the Committee requests the Government to indicate whether measures have been taken or are envisaged to establish a mechanism for the analysis of data on occupational injuries and diseases in accordance with Article 4, paragraph 3(f) of the Convention.

Article 4, paragraph 3(g). Collaboration with insurance or social security schemes covering occupational injuries and diseases. The Committee notes that section 512.1 (4) of the Labour Code provides that one of the main tasks of the labour administration services is to document, advise, coordinate and control the services and bodies involved in the application of social legislation. The Committee requests the Government to provide detailed information on the activities of coordination and control of the services and bodies involved in the application of social legislation carried out by the labour administration services under section 512.1 (4) of the Labour Code. The Committee also requests the Government to provide information on any other measures taken or envisaged with a view to collaboration with insurance or social security schemes covering occupational injuries and diseases.

Article 4, paragraph 3(h). Support mechanisms for the progressive improvement of OSH conditions in micro, small and medium-sized enterprises and the informal economy. The Committee notes the Government's indication that mechanisms as the ones mentioned in this Article of the Convention do not exist. The Committee requests the Government to indicate whether measures have been taken or are envisaged to establish support mechanisms for the progressive improvement of OSH conditions in micro, small and medium-sized enterprises and the informal economy.

Article 5. National OSH programme. The Committee notes that, according to the Government, a national OSH programme has not yet been developed and that measures will be taken to this end with the participation of all partners. The Committee notes that the Government is also requesting technical assistance from the Office to develop this programme. The Committee requests the Government to make efforts to take steps towards the development and implementation of a national OSH programme as required by Article 5 of the Convention. The Committee also requests the Government to provide information on the employers and workers' organizations that have been consulted and the outcome of the consultations undertaken in this regard.

2. Safety and Health in Mines Convention (No. 176)

The Committee takes note of the information provided by the Government in its first report. It notes, however, that the Government does not provide information, or provides insufficient information, on the effect given in law and in practice to Article 5(2)(a) (supervision of safety and health in mines), and (e) (power of the competent authority to suspend or restrict mining activities on safety and health grounds); Article 5(3) (manufacture, storage, transport and use of explosives and initiating devices, and hazardous substances); Article 5(4)(a) (requirements relating to mine rescue, first aid and appropriate medical facilities), (b) (obligation to provide and maintain adequate self-rescue respiratory devices), (c) (protective measures to secure abandoned mine workings), (e) (sanitary conveniences); Article 5(5) (plans of workings); Article 10(b) (supervision and control of each shift), (c) (system allowing to know accurately the names of all persons who are underground); Article 13(1)(a) (right of workers to report accidents, dangerous occurrences and hazards to the employer and the competent authority), (b) (right of workers to obtain inspections and investigations), (d) (right of workers to obtain information relating to their safety or health), (e) (right of workers to remove themselves from a danger), (f) (right of workers to collectively select safety and health representatives); Article 13(2)(b) (right of workers' safety and health representatives to: (i) participate in inspections and investigations; and (ii) monitor and investigate safety and health matters), (c) (have recourse to advisers and independent experts), (e) (consult with the competent authority) and (f) (receive notice of accidents and dangerous occurrences); Article 13(3) (procedures for the exercise of the rights of workers and their safety and health representatives, pursuant to Article 13(1) and (2)) and Article 13(4) (protection against discrimination and retaliation); Article 14 (b) (duty of workers to take reasonable care of their own safety and health and that of other persons who may be affected by their acts or omissions at work), (c) (duty of workers to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health), (d) (duty of workers to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer). The Committee therefore requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to the aforementioned Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions.

Article 3 of the Convention. National policy on OSH in the mining sector. The Committee notes the Government's indication that the country has an OSH policy but that it has not yet adopted a specific policy covering the mining sector. The Committee notes that the Government indicates in its report that, for its formulation, it intends to consult the social partners before seeking technical and financial support. The Committee also notes that the government indicates that the regulatory framework for health and safety in mining includes: the Labour Code, the Mining Code, the Environmental Code, the Mining and Quarrying Collective Agreement, the Social Security Code, the National Health Policy, the National Social Protection Policy, the National Health Development Plan 2015-2024 and also the internal regulations of mining companies. The Committee notes that a mine safety and health policy can take different forms, ranging from a specific national policy document to a coherent set of implementing laws and regulations, accompanied by a tripartite process for its review (2017 General Survey, Working together to promote a safe and healthy working environment, paragraph 97). The Committee requests the Government to indicate the progress made in the development of a national policy on health and safety in mines, in consultation with the social partners.

Article 5(1) and (2)(b) and Article 16. Mine safety and health monitoring, remediation and enforcement. The Committee notes that the Government refers to sections 513.1, 513.2 and 513.5 of the Labour Code, which regulate labour inspection. The Committee also requests the Government to provide information on the application of the Convention in practice, including inspection activities, the number of violations found and the number and nature of penalties imposed. It also requests the Government to indicate the number of complaints received concerning unsafe conditions, occupational accidents and diseases in the mining sector.

Article 5(2)(c) and (d) and Article 10(d). Procedures for the investigation of serious and fatal accidents and the compilation and publication of statistics. Appropriate corrective action and measures taken by employers following investigations to prevent future accidents. The Committee notes that according to section 199 of the Mining Code, the National Directorate of Mines and its local representative must be informed by the holder within 72 hours of incidents occurring in a mine, quarry or its dependencies, and if the accidents are serious or fatal, within 24 hours. In addition, the Committee notes that section 152.1 of the Labour Code provides that the employer is required to make a declaration to the body responsible for social security and to inform the labour inspector of accidents and occupational diseases within 48 hours of the occurrence of the accident or the occupational disease. The Committee also notes that according to section 84 of the Social Security Code, as part of the general policy of hygiene, prevention, and safety and health and social action, the National Social Security Fund must (i) collect, for the various categories of establishments, all information enabling it to compile statistics on occupational accidents and diseases, taking into account their causes and the circumstances in which they occurred, their frequency, their effects, and in particular the duration and extent of the resulting disabilities; and (ii) carry out any surveys deemed useful with regard to the health and social status and the health and safety conditions of workers. The Committee requests the Government to provide further information on the procedures for reporting and investigation accidents, fatal or serious accidents, as well as mine disasters and dangerous occurrences. The Committee also requests the Government to provide information on the measures proposed for the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences in mines. It also requests the Government to provide information on the planned publication of such data, in accordance with Article 5, paragraph 2 (d).

Articles 6 and 7(a), (b), (c), (d), (g), (h) and (i). Assessment and management of risks by the employer. Obligations of employers to eliminate or minimize safety and health risks in mines. The Committee notes that, according to the Government's information, section 37 of the Mining Code provides that the application for a mining concession must be accompanied by a dossier, the details of which are set out in the mining regulations, and which must include a detailed environmental and social impact study, together with an environmental and social management plan, including a hazard plan, a risk management plan and a health, safety and security plan. The Committee also notes that: (i) section 231.3 of the Labour Code provides that employers are required to take all appropriate measures that are suited to the operating conditions of the enterprise; and (ii) section 231.4 of the Labour Code provides that orders of the Ministry in charge of labour shall lay down general protection and health measures applicable to all establishments subject to the law, in particular with regard to precautions to be taken against fire and radiation. The Committee requests the Government to indicate whether the risk management plan and the hygiene, health and safety plan provided for in section 37 of the Mining Code include the assessment and management of risks in accordance with the priority established in Article 6 of the Convention. It also requests the Government to indicate the measures adopted to provide for the obligation of employers referred to in section 7(a) (design of mines), (b) (commissioning and decommissioning of the mine), (c) (arrangements for maintaining the stability of the ground) (d) (exits for underground workplaces), (g) (operating plan and procedures), (h) (precautions to prevent, detect and control the outbreak and spread of fires and explosions), and (i) (stoppage of operations and evacuation of workers in the event of a serious threat to their safety and health).

Article 8. Specific emergency response plan. The Committee notes that, according to the Government, in the event of force majeure as defined in section 87 of the Mining Code, the party concerned must take all necessary steps to minimise the impact of the force majeure on the performance of its obligations and to ensure the normal resumption of the performance of the affected obligations as soon as possible. The Committee requests the Government to indicate the provisions of the national legislation that require the employer to prepare a specific emergency plan to deal with reasonably foreseeable industrial and natural disasters.

Article 9. Physical, chemical or biological hazards. The Committee notes that, according to the Government, section 91(3) of the Mining and Quarrying Collective Agreement provides for the involvement of trade unions in the dissemination of training and information programmes for workers in order to develop positive attitudes to OSH. It also notes that: (i) section 231.9 provides for the obligation to affix to any container, bag or envelope containing dangerous substances a label or inscription indicating the dangers of their use; and (ii) section 231.14 of the Labour Code provides for the obligation of the employer to provide the worker with personal protective equipment when the collective technical preventive measures are insufficient. The Committee requests the Government to indicate the measures taken to ensure that, where workers are exposed to physical, chemical or biological hazards, the employer will be obliged to (a) keep workers informed, in an intelligible manner, of the hazards of their work, the risks to their health and the preventive and protective measures applicable, and (b) take appropriate measures to eliminate or reduce to a minimum the risks resulting from such exposure.

Article 12. Responsibility of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes the Government's indication that section 231.1 of the Labour Code provides that establishments or enterprises engaged in simultaneous activities in the same workplace must collaborate in applying the prescribed OSH measures, without prejudice to the responsibility of each establishment or enterprise manager for the health and safety of the workers he or she employs. The Committee notes that according to Article 12 of the Convention, where two or more employers undertake activities at the same mine, the employer responsible for the mine shall coordinate the implementation of all measures relating to the safety and health of workers and shall be held primarily responsible for the safety of the operations without relieving the individual employers of their own responsibility for the implementation of all measures relating to the safety and health of their workers. The Committee therefore requests the Government to indicate the measures adopted to give effect to this Article of the Convention.

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. In its previous comment, the Committee pointed out that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, irrespective of their origin, sex and age, for work of equal value (section 241.2), and requested examples of its application in practice. The Government indicates in this regard that it intends to continue the process of publicizing the provisions of the Labour Code, which began in the capital in 2016, by organizing awareness-raising activities in the seven administrative regions of the country once the necessary resources have been mobilized. It states that a workshop on human resources management was organized in 2019 with employers from the mining, oil and industrial sectors. While noting this information, the Committee recalls that the adoption of legislation with a view to applying the principle of equal remuneration for men and women workers for work of equal value is important, but not sufficient to achieve the objectives of the Convention. The Committee draws the Government’s attention to the fact that to promote application of the principle of equal remuneration for men and women workers for work of equal value, it is necessary to eliminate the persistent underlying causes of pay discrimination. In particular, it is important to combat gender stereotypes and occupational segregation (the fact that men and women do not perform the same work or occupy the same jobs, or else occupy jobs of different levels). It is also necessary to adopt proactive measures, such as the inclusion in public procurement, the adoption of codes of conduct, equal pay plans or processes, the formulation and diffusion of pay valuation guides, the modernization of job classification systems, job appraisal, granting pay equity benefits to compensate for past pay differentials based on sex, issuing of wage guidelines and, above all undertaking surveys to identify the fields where there are wage gaps (2012 General Survey on the fundamental Conventions, paragraphs 710 to 730). The Committee also notes that the Government indicates that it intends to seek the support of technical and financial partners, including the ILO, to organize training on the theme of equal remuneration for men and women for work of equal value. The Committee requests the Government to take proactive measures to promote effectively equal remuneration for men and women, as provided by the Labour Code, in particular to combat stereotypes concerning the aspirations and capabilities of women and their aptitude for certain jobs. The Committee encourages the Government to continue publicizing the Labour Code throughout the territory, in particular its provisions on non-discrimination and equal remuneration, and requests it to provide information on the activities undertaken in this regard and the public reached.

Application of the principle of the Convention in the public service. In its previous comment, the Committee stressed that the principle of equal remuneration for men and women for work of equal value was not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. The Committee notes that the Government, in its reply, indicates that job classification and wage scales are based on the level of academic training and affirms that it is therefore very difficult to undervalue jobs primarily occupied by women. The Committee also notes that the Government indicates that the total number of public servants as 108,661, of whom 32,831 are women (about 30 per cent). The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (2012 General Survey, paragraph 701). The Committee considers that the classification system used, as it is based on one single criterion (the level of academic training), cannot objectively evaluate the job itself and could have the effect of undervaluing certain tasks, and consequently certain jobs, including those primarily occupied by women. The Committee recalls that an objective job evaluation method, to establish a classification and fix wages accordingly, implies an analysis for each job concerned of its content on the basis of qualifications (not solely academic), but also the skills, effort (physical but also mental) and responsibilities (in relation to people as well as equipment), as well as the working conditions (noise, etc.) of the job in question. Furthermore, very often, when equal remuneration for work of equal value is not one of the objectives expressly foreseen by the evaluation and classification method, there is a high risk of the method reproducing sexist stereotypes. In light of the above, the Committee requests the Government to take measures, in collaboration with workers’ organizations, to review the evaluation and classification methods for jobs in the public service to ensure that they are based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, with a view to ensuring that job evaluations and wage scales in the public service are free of all gender bias.

Article 1(a). Additional benefits. Family allowances. Public service. The Committee notes the Government’s indication that in the public service family allowances are reserved in practice for fathers. The Government further indicates that men and women public servants have equal access to the payment of other allowances and benefits provided by Act No. L/028/AN/2001 issuing the Civil Servants Regulations. The Committee observes that the Civil Servants Regulations do not contain provisions that exclude women public servants from the right to family allowances when both parents are civil servants. It draws the Government’s attention to the fact that this type of practice can reinforce stereotypes with regard to the aspirations, preferences and capabilities of women and their role and responsibilities in society, thus exacerbating labour market inequalities. The Committee also draws the Government’s attention to paragraph 693 of the 2012 General Survey on the fundamental Conventions, which raises the possibility of allowing both spouses to choose who would benefit from the allowances, rather than that they should be paid systematically to the father. In light of the principles of equal remuneration and gender equality, the Committee requests the Government to review the practice of paying family allowances systematically to the father when both spouses are civil servants so as to ensure that they can both enjoy equal access to family allowances. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s commitment to take measures to encourage the employers’ and workers’ organizations to incorporate the principle of equal remuneration for men and women for work of equal value into the collective agreements, as the Committee requested in its previous comment. The Committee requests the Government to provide information on all measures taken in this regard and, where appropriate, to communicate the relevant extracts of new collective agreements.

Article 4. Collaboration with employers’ and workers’ organizations. With regard to the activities of the Labour and Social Legislation Advisory Committee (CCTLS), which brings together representatives of the Government and of employers’ and workers’ organizations, the Committee notes the Government’s indication that the CCTLS started operating again in February 2019 and will take the principle of equal remuneration for work of equal value into account. The Committee requests the Government to provide information on the specific activities of the CCTLS related to the principle of the Convention, in particular on the notion of equal “value”, as well as on all measures taken to collaborate with the social partners in order to give effect to the Convention, especially during the establishment or revision of job classifications and wage scales.

Statistics. In the absence of information on this point, the Committee reiterates its request to the Government to take appropriate steps to facilitate the collection and processing of data on the earnings of men and women in the public and private sectors, which is essential to assess implementation of the principle of equal remuneration for work of equal “value”, and trusts that it will soon be able to report progress in this regard. The Government is requested to communicate the available statistical data.

Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. Civil service. In its previous comment, the Committee underlined that Act No. L/2014/072/CNT issuing the Labour Code of 2014 excludes public officials from its scope of application (section 2) and that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the Civil Servants Regulations only prohibits discrimination between officials on the basis of political, trade union, philosophical or religious views, and on the basis of sex or ethnic origin. The Committee has been underlining in its comments since 1990 that the legal protection of public officials is inadequate both regarding the grounds of discrimination, since it does not cover discrimination based on race, colour, national extraction and social origin, and regarding the scope of application, as recruitment is not covered. The Committee notes that the Government’s report contains no information concerning the protection of public officials from discrimination, and requests the Government to take the necessary steps, in the very near future, to amend section 11 of Act No. L/2001/028/AN issuing the Civil Servants Regulations, so as to ensure that civil servants and applicants to a post in the public service are effectively protected against any direct or indirect discrimination on the basis of at least the seven grounds of discrimination listed in Article 1(1)(a) of the Convention. The Government is requested to provide information on any measures taken in this regard and on any complaint mechanism enabling applicants for employment in the civil service to lodge an appeal if they consider that they have suffered discrimination during recruitment.

Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. In that regard, it notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which emphasize that “the number of cases of violence against women, particularly […] sexual violence, remains very high” (E/C.12/GIN/CO/1, 30 March 2020, paragraph 20). The Committee again requests the Government to take measures to: (i) prevent sexual harassment in employment and occupation, such as awareness-raising campaigns (for example, by radio or through other media) or reinforcing prevention activities by the labour inspectorate in this area; and (ii) inform workers, employers and their respective organizations of their rights and obligations in this area. It requests the Government to provide information on any measures adopted for this purpose. The Government is once again requested to consider whether complaint and appeal mechanisms established at the national and enterprise levels are sufficiently accessible to complainants and whether they allow perpetrators of sexual harassment to be sanctioned. The Government is requested to provide information, as the case may be, on results obtained and the follow-up measures envisaged.

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

Articles 2 and 3 of the Convention. Formulation and implementation of a national equality policy. In its previous comment, the Committee requested the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee notes that in its report, the Government restricts itself to affirming the will of the President of Guinea to improve living and working conditions of women and young persons. The Committee recalls that the implementation of a national equality policy presupposes a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). In respect of anti-discrimination legislation, the Committee recalls that section 5 of the Labour Code prohibits discrimination on the basis of “sex, age, national extraction, race, religion, colour, political or religious beliefs, social origin, membership or not of a trade union, trade union activities and disability” – which goes beyond the list of grounds of discrimination set out in the Convention – while under section 3 of the same Code “The State ensures equality of opportunity and treatment of citizens in respect of access to occupational training and employment without regard to their origin, race, sex, religion or philosophy” – which is more restrictive that the Convention both in the grounds for discrimination and in the aspects of employment covered. To enhance the coherence and application of the legislation, the Committee requests the Government to take the measures necessary to align the scope of articles 3 and 5 of the Labour Code so that they cover the same grounds of discrimination and at least the seven grounds listed in the Convention – and all aspects of employment; that is, not only access to training and employment, but also employment conditions. The Committee further requests the Government to take the practical measures to promote equality both during recruitment and at work, for example by organizing activities to raise workers’ and employers’ and their organizations’ awareness of questions related to stereotypes and prejudices based on race, colour, religion, political opinion, national extraction or social origin and of ways of promoting and maintaining a working environment that favours equality of opportunity and treatment.

Article 2. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the “gender and equity units” and the “More young people and women in the administration” programme which, through training and awareness raising, have led to a higher number of women appointed to decision-making or high-ranking posts. It also notes the adoption in May 2019 of a law on parity, under which parity applies to any list of candidates in national and local elections, and also to elected offices within public institutions. With regard to the private sector, the Committee recalls that one of the objectives of the national gender policy is the promotion of gender equality in legal instruments and in access to and control of resources, the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women. However, the Government’s report contains no information in that respect, and the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights observes in its concluding observations that “Women and girls continue to face discrimination in relation to access to land ownership, employment and education, […]” and expresses concern “at the high rates of unemployment and underemployment, which disproportionately affect women […]” (E/C.12/GIN/CO/1, 30 March 2020, paragraphs 20(a) and 24). The Committee requests the Government to continue providing information on: (i) measures taken to encourage women to apply for posts in the public service, including high-ranking posts, under the “More young people and women in the administration” programme, or in any other way; and (ii) the effect of the law on parity on the employment of women in elected offices in public institutions, in particular statistical data on the evolution of the numbers of women in those offices. Moreover, in view of the low levels of women in employment, and the disproportionate impact on employment of women of the current world health crisis, the Committee again requests the Government to take the measures necessary to provide diversified vocational training of good quality for women, allowing access to more qualified and better paid formal employment and, more generally, to encourage women’s wage- or self-employment in all sectors of the economy, and their access to productive resources such as land or credit.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that under section 231.5 of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. That section also establishes “the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women”. The Committee notes the Government’s reply to its request, to the effect that Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women is still in force and that the Government will bring it into conformity with the provisions of the 2014 Labour Code. The Committee recalls that the principle of equality between men and women requires that measures of protection do not have the effect of excluding women from certain professions due to prejudices or stereotypes concerning their role, aptitudes and to what is “suitable to their nature”. The Committee underlines that, in its 2012 General Survey, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee also stresses that the list of types of work prohibited because they are likely to harm the reproductive capacity of women should be determined on the basis of the results of a study proving the presence of specific risks to the reproductive health of women and, as may be, of men. The Committee requests the Government to provide information on the revision of Order No. 1392/MASE/DNTLS/90 of 15 Mai 1990 concerning employment of women and of pregnant women. It also requests the Government to: (i) indicate the criteria used to revise or establish the list of types of work prohibited to women on the grounds of their danger to reproductive health; and (ii) consider the possibility of amending section 231.5 of the Labour Code so that the provisions relative to protection of reproductive health also include men’s reproductive health within their scope and do not constitute an obstacle to women’s access to certain professions or sectors.

Prohibition of night work of women. In the absence of a reply from the Government in this regard, the Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.

Parts I and II of the Convention. Articles 1 and 2. General principles. Improvement of standards of living. The Committee notes the adoption by Guinea of the National Social Protection Policy 2016–2020 (PNPS), the objective of which is to gradually build a system of effective, equitable and sustainable social protection. In its report, the Government indicates that its vision is that, by 2021, 20 per cent of the population will have access to basic social services and protection against social, environmental, political and economic risks. The Committee notes that this social policy prioritizes six components: access to employment and decent work, the improvement of living conditions for the most disadvantaged social groups, access to high-quality health and education services, access to food security and nutrition, crisis and disaster prevention and management and the strengthening of resilience, and access to social housing. The Government indicates that, within the framework of the implementation of this policy, it has established development programmes that are showing significant progress, such as increased productivity in subsistence sectors and the reinforcement of food marketing networks, the development of manufacturing for the local processing of certain agricultural products, the construction of hydroelectric dams, improved infrastructure, and gradual access to high-speed information and communication technology. The Committee also notes the adoption of a new social policy, the National Economic and Social Development Plan 2016–2020 (PNDES), which is the second generation of social policy following the Five-year Plan 2011–2015 and which is aligned with the vision for 2021 in the PNPS. The Committee notes with interest that the PNDES will prioritize the improvement of standards of living for the poorest and most vulnerable, with the aim of reducing poverty and promoting social and gender advancement, investment and activation in order to create economic opportunities. The Committee requests the Government to send detailed and updated information on the progress made in the framework of the implementation of the National Social Protection Policy 2016–2020 (PNPS), the National Economic and Social Development Plan 2016–2020 (PNDES), the Government’s poverty-reduction strategy, and any other programme that is “primarily directed to the well-being and development of the population and to the promotion of its desire for social progress”, as required by the Convention. It also requests the Government to provide updated information on the impact of the measures implemented, including their impact on target groups.

Article 3. Improvement of living conditions in rural areas. The Committee notes that regional equity is one of the strategic components of the National Social and Economic Development Plan 2016–2020. Among the advances made in the reduction of regional disparities and the improvement of the living conditions of the rural population, the Committee notes the implementation of rural electrification projects, the creation of the National Community Financing Agency, and the creation of a National Agency for Social and Economic Inclusion (ANIES) in January 2019, the goal of which is to combat poverty. The Government indicates that the ANIES has transferred 439 billion Guinean francs in food donations and telephones to a target group of 24,000 households. The Committee also notes the Government’s intention to implement an urban infrastructure building programme to significantly expand household access to secure housing and high-quality basic social services. The Committee requests the Government to provide updated and detailed information on the progress made in the reduction of regional disparities and the improvement of living conditions in rural areas.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken to address the COVID-19 pandemic as well as on the impact of such measures on the implementation of the Convention.

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government in October 2020.

COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at both the national and global levels and the measures adopted by the Government to mitigate it. According to the ILO Monitor on national policy responses to the COVID-19 pandemic in Guinea, a three-pronged national economic response plan has been decided upon, comprising a health component, a social component and support for the private sector. According to the Government, the component of support for the private sector consists of significant support, in particular for the most affected sectors: tourism, hotels and artisans. In this regard, the Committee recalls the detailed guidance provided in international labour standards and wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance on the drafting and implementation of effective, consensual and inclusive responses to the deep-rooted socio-economic consequences of the pandemic. The Committee invites the Government to provide in its next report updated information on the impact of the COVID-19 pandemic on the implementation of the measures adopted or envisaged with a view to achieving the objectives of the Convention.

Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. In its previous comments, the Committee invited the Government to provide information on the progress made in the formulation and implementation of a national employment promotion policy and on the results achieved, particularly with respect to young people and women, through measures to promote employment and improve the supply of vocational and technical training. The Committee notes the Government’s view that the development of a clear employment policy not only constitutes a major tool for improving incomes and reducing poverty, but also enables the coordination and coherence of responses. The Committee previously noted the Government’s indications that the national employment policy, which was formulated in 2003, was obsolete and that in 2015 it was decided to update the policy. In this regard, the Committee notes the Government’s repeated indication that, with assistance from the ILO and the United Nations Development Programme, it has developed a new national employment policy, under the coordination of a tripartite national steering committee. The Government indicates that an interim version is available, which was revised during a workshop organized for this purpose. The Committee requests the Government to continue providing information on the progress made in the formulation and implementation of a national employment promotion policy. It also requests the Government to send a copy of the new policy, once it has been adopted. Moreover, the Committee reiterates its request to the Government to provide information, including statistics disaggregated by sex and age, on the results achieved by the measures to promote employment and improve the supply of vocational and technical training, and refers in this regard to its comments on the Human Resources Development Convention, 1975 (No. 142), in which it requested the Government to provide information on the measures taken to ensure coordination between the various bodies responsible for developing comprehensive and concerted vocational guidance and training policies and programmes.

Article 2. Employment trends. The Committee requests the Government to provide statistical information on the labour market with regard to the situation, level and trends of employment, unemployment and underemployment, disaggregated by age and sex, including information on changes in the trends as a result of the COVID-19 pandemic.

Article 3. Participation of the social partners in the formulation and implementation of employment policies. In its previous comments, the Committee noted that, in the context of the Programme of support for the acceleration of inclusive growth in Guinea (PAACIG), with technical support from the ILO office in Dakar, the Government had formulated the main components of the national employment policy on the basis of the results of initial consultations with the social partners, but that, according to the Government, there were no specific measures for the participation of rural workers or workers in the informal economy in the formulation of employment policy. The Committee notes that, in its report, the Government indicates that the formulation of the new national employment policy is coordinated by a tripartite national steering committee, but does not state whether rural workers or workers in the informal economy are participating in the process. The Committee once again draws the Government’s attention to the importance of the participation of representatives of the persons affected in the formulation and implementation of the national employment policy. The Committee once again requests the Government to provide further information on the consultation of the social partners in the process of formulating and implementing the employment policy. It hopes that the Government will take all the necessary measures to ensure the consultation of the representatives of rural workers and workers in the informal economy in the formulation and implementation of the policy. The Committee requests the Government to provide information on the role played by the social partners in the formulation and implementation of the employment policy measures adopted in response to the socio-economic impact of the COVID-19 pandemic.

Articles 1 to 3 of the Convention. Basic rights of migrant workers and measures to detect and suppress migration in abusive conditions and the illegal employment of migrants. In its previous comments, the Committee had requested the Government to provide information on the measures taken or contemplated to suppress clandestine movements of migrants for employment and illegal employment of migrants, to sanction the organizers of illicit or clandestine movements of migrants for employment departing from, passing through, or arriving in its territory, and against persons who employ workers who have immigrated in illegal conditions. The Committee notes that the Government indicates in its report that to combat clandestine migrations, it intends to take measures to promote training, in particular in business management, job creation, sustainable activities and the provision of micro-financing. The Committee further notes that the United Nations Committee on Human Rights expresses concern in its concluding observations regarding: (a) the situation of Guinean migrants who are still in Libya; and (b) the situation of children, girls and women who are victims of domestic servitude and prostitution networks in foreign countries, especially in North Africa and the Middle East (CCPR/C/GIN/CO/3, 7 December 2013, paragraph 39). In that connection, the Committee also takes note of the creation of the National Committee to Combat Trafficking in Persons and Similar Practices (CNLTPPA) by Decree No. D/2017/039/PRG/SGG of 17 February 2017. With regard to trafficking in persons, the Committee refers the Government to the Committee’s direct request of 2018 on the Forced Labour Convention, 1930 (No. 29). While noting the employment policy measures envisaged by the Government, the Committee again requests it to provide detailed information on the measures taken or contemplated to put an end to clandestine migration and illegal employment of migrants, as well as the measures taken or contemplated in respect of the organizers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions. The Government is also requested to provide information on CNLPPA activities to combat clandestine migration.

Article 6. Detection of the illegal employment of migrant workers and definition of sanctions, Legislation. The Committee recalls that it noted that under section 9 of Order No. A/2015/085/METFPET/DNTLS/CAB/SGG of 30 January 2015 on regulating the use of foreign labour, “employers who use the services of a foreign worker without having obtained the prior authorization [required] … must, if they have brought the worker from another country, fully cover the costs of the worker’s repatriation”. The Committee had however noted that section 10 provides that “any foreign worker who is hired or used illegally will receive a fine equal to three months’ wages of the worker (six months’ wages in the case of a repeat offence)”. In the absence of a response from the Government on this point, the Committee again requests the Government to specify whether sanctions are also provided for employers who have not obtained the prior authorization required and have illegally hired or used the services of a foreign worker and to indicate the relevant legal text.

Article 8. Legal status in the case of loss of employment. In its previous comment, while noting the Government’s indication that the loss of employment of migrant workers does not result in the withdrawal of the residency permit or work permit and that, therefore, the workers concerned cannot be considered as being in an irregular situation, the Committee requested the Government to specify whether, in the case of loss of employment, migrant workers have the right to enjoy equality of treatment with nationals for the remainder of the duration of their work permit, particularly with regard to security of employment, the provision of alternative employment and retraining. In the absence of a response from the Government on this point, the Committee is obliged to reiterate its request.

Articles 10 and 12. National equality policy. The Committee had previously noted the Government’s indication that, in employment other than protected jobs, migrant workers benefit from equality of opportunity and treatment with regard to employment, occupation and social security. Moreover, referring to paragraph 345 of the 2016 General Survey concerning the migrant workers instruments, the Committee recalled the measures allowing the implementation of a national equality policy in respect of migrant workers, in particular that of legislative protection against discrimination based on nationality. In the absence of information on this issue in the Government’s report, the Committee again requests it to include the ground of “nationality” in section 5 of the Labour Code which prohibits discrimination, the next time that the Code is revised. In the meanwhile, it again requests the Government to take the measures necessary to ensure that migrant workers and members of their family who are legally resident in the country enjoy equality of opportunity and treatment with regard to employment and occupation and social security and are not victims of discrimination. The Government is requested to provide information on all related measures taken.

Equality of treatment and trade union rights. In the absence of a response from the Government on this point, the Committee again requests it to consider the amendment of sections 322.4 and 311.6 of the Labour Code, concerning the exercise of trade union leadership functions or management functions in employers’ organizations by foreign nationals engaged in a professional activity and lawfully residing within the territory, in order to ensure that they have equality of treatment with nationals, without the requirement of reciprocal measures by the foreign workers’ country of origin.

Article 14(c). Restriction of access to limited categories of employment or functions. The Committee notes that Order No. A/2015/084/METFPET/DNTLS/CAB of 30 January 2015, which determines protected employment in the private and assimilated sectors, lists the categories of employment prohibited to foreign workers in sectors including the administrative services, agriculture, transport, management, catering, maintenance, construction and health. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see the 2016 General Survey, paragraph 370). It considers that all the “protected” types of employment listed in the Order are not in compliance with the Convention’s requirement of being “necessary in the interests of the State”. The Committee therefore requests the Government to review the list of “protected” employment in the light of Article 14(c) of the Convention and amend it accordingly. In the meantime, the Committee requests the Government to provide information on the application in practice of the Order of 2015.

Article 2 of the Convention. National policy concerning nursing services and nursing personnel. In reply to its previous comments, the Committee notes the Government’s indication that, following the Ebola haemorrhagic fever virus outbreak that severely affected Guinea between 2014 and 2016, measures were adopted to establish a National Health Security Agency and implement the National Health Care Development Plan (PNDS) for the 2015–24 period. In this regard, the Government refers to, among other measures, the formulation of the Community Health Policy, which is essentially based on health promotion and disease prevention, the adaptation of training for technical health workers so that they can serve as community technical health workers, the training of community health intermediaries and the classification of regions into four health zones based on distance from the capital city. The Government also indicates that measures have been adopted to ensure that nursing personnel are provided with education and training appropriate to the exercise of their functions, including the implementation of the license–master–doctorate system in the training of nursing personnel and the development and incorporation into the nursing curriculum of training modules on infection prevention and control, community health and integrated disease surveillance. The Government adds that measures are also planned to incorporate paramedical and nursing tracks and course options in the new Faculty of Health Techniques and Sciences. Furthermore, the Government refers to the implementation of measures to improve employment and working conditions, including career prospects and remuneration that are likely to attract people to the nursing profession and retain them in it. Among these measures, the Government refers to the payment of regional bonuses to health-care personnel assigned to Zones 3 and 4, which are considered to be difficult, and a rural pilot project intended to retain personnel in their assigned post. Lastly, the Committee notes that, in its concluding observations of 20 March 2020, the United Nations Committee on Economic, Social and Cultural Rights (CESCR), while noting the numerous programmes adopted to improve the level of health of inhabitants, including the formulation of a national health policy, also expressed concern at the high maternal and infant mortality rates, the high prevalence of HIV/AIDS and the lack of access to antiretroviral treatment, the lack of medical facilities and the dilapidated condition of existing facilities, the lack of training for medical personnel, the low number of medical personnel per capita and the excessive burden health-care expenditure represents for low-income households (E/C.12/GIN/CO/1, paragraph 43). The Committee requests the Government to provide detailed information on the implementation and impact of the National Health Care Development Plan (PNDS) for the 2015–24 period and the Community Health Policy with regard to nursing personnel. It also requests the Government to continue providing detailed and updated information on the measures adopted to ensure the availability of the nursing care necessary for the population (Article 2(1)) and on the measures adopted to provide nursing personnel with education and training appropriate to the exercise of their functions (Article 2(2)(a)). It also requests the Government to continue providing detailed and updated information on the employment and working conditions, including career prospects and remuneration, that are likely to attract personnel to the profession and retain them in it (Article 2(2)(b)).

Article 6. Conditions of employment and work of nursing personnel. In reply to its previous comments, the Committee notes the Government’s indication that the conditions of employment and work of nursing personnel are regulated by Act No. 028/AN of 3 July 2018 on the general organization of the public administration (revised) and the particular statute applicable to health personnel. In addition, the Government indicates that measures have been adopted to ensure that nursing personnel benefit from conditions that are at least equivalent to those of other workers in the public service. These measures include the recognition of specialized diplomas for nursing personnel, the accordance of value to higher-education or specialized diplomas in the public service, measures benefiting nursing personnel with higher-education diplomas and the creation of high-level posts within the administration. However, the Committee notes that the Government does not provide information regarding the conditions of work of nursing personnel in the areas specified in Article 6 of the Convention. Consequently, the Committee once again requests the Government to provide detailed and updated information on the conditions of work of nursing personnel in the following areas: (a) hours of work, including regulation and compensation of overtime, inconvenient hours and shift work; (b) weekly rest; (c) paid annual holidays; (d) educational leave; (e) maternity leave; (f) sick leave; and (g) social security. It also requests the Government to continue providing information on the measures adopted or envisaged to ensure that nursing personnel benefit from conditions at least equivalent to those of other workers in the country in such fields. In addition, the Committee once again requests the Government to provide a copy of any texts regulating the conditions of employment and work of nursing personnel.

Article 7. Occupational safety and health. In reply to the Committee’s previous comments, the Government refers to the implementation of measures to guarantee as far as possible the safety of nursing personnel during epidemiological crises. In this regard, the Government indicates that individual and collective protection measures have been adopted, health committees and biomedical waste incinerators have been set up in health-care facilities, health personnel have been trained in prevention and protection against infection, and hygiene products and materials have been provided to health-care facilities. The Government indicates that, as a result of these measures and compliance with physical distancing measures, the country is gradually emerging from the COVID-19 pandemic. It indicates that between the end of March and 16 August 2020, the country recorded 8,343 infected persons, 6,210 of whom recovered (87.4 per cent). The Government adds that these statistics indicate the progress made by the country’s health-care services in combating this disease. In the context of the COVID-19 pandemic, the Committee draws the Government’s attention to Paragraph 49 of the Nursing Personnel Recommendation, 1977 (No. 157): “(1) All possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimize it. (2) Measures such as the provision and use of protective clothing, immunization, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks. (3) In addition, nursing personnel who are exposed to special risks should receive financial compensation.” The Committee also draws the Government’s attention to the ILO Guidelines on Decent Work in Public Emergency Services (2018), which recognize the need to protect public emergency services workers against exposure to communicable diseases, particularly emergency medical personnel. In particular, paragraphs 50 and 51 of the Guidelines emphasize that suitable and sufficient personal protective equipment (PPE) should be provided to emergency public services workers as protection against exposure to hazardous conditions, and the workers and/or their representatives should be consulted and participate in the selection of PPE and the determination of its correct use. Noting that nursing personnel, due to their frequent close contact with patients, are at high risk of infection when treating confirmed or suspected COVID-19 patients if infection-control precautions, including the use of personal protective equipment (PPE), are not strictly applied, the Committee requests the Government to provide detailed and updated information on the safety measures adopted or envisaged, including the provision of PPE and training in its use, the granting of adequate breaks during shift changes and limiting working hours as far as possible, to protect the health and welfare of nursing personnel and to limit as far as possible the risk of contracting COVID-19.

Part V of the report form. Application in practice. The Committee notes that, according to the Global Health Observatory of the World Health Organization (WHO), the total number of nursing personnel in 2016 was 1,010 nurses and 443 midwives. The Committee requests the Government to provide detailed and updated information on the application in practice of the Convention, including statistics disaggregated by sex, age and region on the ratio of nursing personnel to the general population, the number of people enrolled in nursing schools and the number of nurses who enter and leave the profession each year. It also requests the Government to provide information on the organization and operation of all institutions that provide health services, and to provide studies, surveys and official reports on the difficulties encountered by health personnel in the health sector in Guinea.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on minimum wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 in a single comment.

Article 3 of Conventions Nos 26 and 99. Minimum wage fixing machinery. Further to its previous comments on the application of section 241.7(1) of the Labour Code, which provides that all employees have the right to a guaranteed inter-occupational minimum wage (SMIG) and that the guaranteed minimum rate for an hour of work shall be determined by decree, after the Advisory Committee on Labour and Social Legislation has issued an opinion, the Committee notes the Government’s indication that a decree is being formulated. The Committee therefore requests the Government to provide information on the adoption of this decree and on the consultations held in the Advisory Committee on Labour and Social Legislation on this matter.

Article 4 of Conventions Nos 26 and 99. System of supervision and sanctions. The Committee notes that sections 523.19 to 523.33 of the Labour Code establishing penalties for failure to comply with certain provisions of the Code do not cover section 241.7(1). The Committee therefore requests the Government to provide information on the sanctions applicable for failure to observe the minimum wage.

Article 3 of the Convention. Prohibition of night work of women. The Committee notes that section 136.1(1) of the Labour Code prohibits the night work of women in principle in factories, manufacturing, mines and quarries, construction sites, workshops and their outbuildings of any kind. Noting that the Labour Code provides for exceptions and possible exemptions from this principle (sections 136.1(2) and 136.2), the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in occupation and employment (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to examine sections 136.1 and 136.2 of the Labour Code in the light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

Articles 6 and 8–10 of the Convention. Freedom of workers to dispose of their wages. Deductions from wages. Further to its previous comments on the need to ensure the freedom of workers to dispose of their wages, and to prescribe the conditions and extent to which deductions from wages may be imposed, the Committee notes with satisfaction that the Labour Code adopted in 2014 provides that no employer shall limit, in any manner whatsoever, the freedom of workers to dispose of their wages (section 242.1) and that it prescribes restrictive and limited conditions for the deduction, assignment and attachment of wages (sections 243.1 to 243.3).

In its previous observation of 2014, the Committee noted the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014) and requested the Government to provide all implementing texts of the Labour Code in the port sector. In this regard, the Committee notes that the Government has referred to three ministerial decisions issued pursuant to the Labour Code pertaining to the fixing of fees for work permits, the determination of protected jobs in the private and related sectors and the use of foreign labour. The Committee requests the Government to continue to provide information on the implementing texts of the Labour Code in dock work.

The Committee notes that the Labour Code contains general provisions on safety and health (Title III “Protection of workers’ health”, chapter I “Occupational safety and health”, sections 231(1)–231(21)), which essentially reproduce the provisions contained in the previous Labour Code. Noting that the information provided in the Government’s report remains insufficient as it does not enable the Committee to assess the effect given to numerous provisions of the Convention, the Committee requests the Government to provide further information on any measures taken, for example, ministerial decisions, decrees or regulatory texts, to ensure that the general provisions of the Labour Code are effectively implemented in dock work.

Article 6(1)(a) and (b) of the Convention. Safety of dockworkers. In its previous comments, the Committee noted the Government’s indication that sections 170 and 172 of the Labour Code establish the general obligation for workers to use health and safety equipment correctly and for those responsible for workplaces to organize appropriate practical training with regard to safety and health issues for the benefit of workers, thus ensuring the application of Article 6(1)(a) and (b) of the Convention. The Committee notes that these two provisions are essentially reproduced in the new Labour Code under sections 231(3) (formerly section 170) and 231(6) (formerly section 172). Noting that the requested information was not submitted, the Committee once again requests the Government to provide detailed information on the measures taken to ensure that these general provisions of the Labour Code are applied specifically to dockworkers. The Committee encourages the Government to indicate any ministerial decisions, decrees or regulatory texts adopted with the aim of ensuring the safety of dockworkers, as well as any guidelines published or practical training provided on safety and health in dock work.

Article 6(1)(c) and (2). Participation of workers in workplace safety measures. Noting that the requested information was not submitted, the Committee once again requests the Government to indicate the measures taken for the participation of workers in workplace safety measures, and particularly the level of the guarantees provided that workers can express their views on safety at work to the extent of their control over the equipment and methods of work, express views on the working procedures adopted and report to their immediate supervisor any situation which they have reason to believe could present a risk, so that corrective measures can be taken.

Article 7. Consultation with employers and workers. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure collaboration between workers and employers. The Committee notes the Government’s indication that the ministry responsible for labour has two tripartite consultation bodies. These bodies are the Consultative Commission on Labour and Social Legislation and the National Social Dialogue Council. The Committee observes that these two consultation bodies are established under sections 515(1)–515(9) of the Labour Code and, in particular, that the responsibilities of the Consultative Commission on Labour and Social Legislation have been broadened to include the promotion of the implementation of international labour standards and the strict observance of ratified Conventions, and the drafting of regular reports on the application in practice of ILO Conventions and Recommendations (section 515(1)(8)). The Committee requests the Government to provide information on any opinions, suggestions or resolutions issued by these two consultative bodies in relation to safety and health in dock work, and to provide further information on the measures taken to guarantee consultation between the workers and employers in that sector.

Article 12. Firefighting. The Committee notes that sections 71, 72 and 76 of the Merchant Marine Code briefly touch upon the question of fire protection systems and equipment, but only in the context of inspections of vessels engaged in international voyages. The Committee has been informed of the adoption of a bill issuing the Merchant Marine Code by the Council of Ministers on 25 October 2018. The Committee requests the Government to provide information on the entry into force of the new Merchant Marine Code, to supply a copy of it and to provide information on the measures taken under this new legislative framework to ensure that appropriate and adequate firefighting resources are made available in ports.

Article 32(1). Dangerous cargoes. In its previous comments, the Committee noted that section 174 of the former Labour Code, reproduced in section 231(9) of the new Labour Code, provides that vendors or distributors of dangerous substances, as well as those responsible for workplaces where such substances are used, are required to mark and label them. Noting that the requested information has not been provided by the Government, the Committee once again requests the Government to indicate the measures taken to ensure the full application of this provision of the Labour Code, which is general in scope, in the port sector, and to specify, where available, any guidelines or regulatory texts adopted in this regard.

Article 37. Safety and health committees. The Committee notes that section 231(2)(2) of the Labour Code provides that “all establishments or companies regularly employing at least 25 employees must set up a safety and health committee. The role of this committee is to study, develop and ensure the implementation of preventive and protective measures in the field of occupational safety and health.” The Committee requests the Government to provide information on the implementation of this provision in dock work.

Implementation of the Convention. The Committee previously requested the Government to provide information on the measures taken to ensure the application of the following Articles of the Convention: Article 16 (safety of water transport to and from a ship or other place, embarking and disembarking, as well as safety of transport to and from a workplace on land); Article 18 (regulations on hatch covers); Article 19(1) (protection of openings on decks); Article 19(2) (height and strength of coamings for hatchways that are not in use); Article 20 (hatch covers, ventilation and evacuation measures); Article 30 (safety measures to be taken when attaching loads to lifting appliances); Article 33 (protection against the harmful effects of excessive noise); and Article 35 (trained personnel for the rescue of persons in danger). Noting that the requested information was not submitted, the Committee once again requests the Government to indicate the measures taken or envisaged to give effect to the above-mentioned provisions of the Convention and to provide copies of the relevant national laws and regulations.

Lastly, the Committee previously requested the Government to take measures to ensure the maintenance of lifting appliances and loose gear in conformity with Articles 8–11, 14, 15, 17, 20–28, 31, 32(2)–(5) and 34 of the Convention. The Committee once again requests the Government to indicate the measures taken or envisaged regarding the maintenance of lifting appliances and loose gear, in conformity with the requirements under the above-mentioned provisions of the Convention, and to attach copies of the relevant national laws and regulations.

Comments adopted by the CEACR: Guinea

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C121 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C140 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Promotional Framework for Occupational Safety and Health Convention (No. 187)

2. Safety and Health in Mines Convention (No. 176)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C152 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Guinea

Display the list by:

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C118 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C121 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C140 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Promotional Framework for Occupational Safety and Health Convention (No. 187)

2. Safety and Health in Mines Convention (No. 176)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C143 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C152 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)