Texts of pending comments

Articles 1 and 2 of the Convention. Scope of coverage. (i) Workers in the informal economy. In its previous comments, the Committee hoped that the Government would progress in the implementation of the non-contributory social security scheme in accordance with Act No. 4/2007 through the adoption of new regulations, to enable workers in the informal economy to benefit from compensation in cases of occupational accident or disease. The Committee notes that in its last report on the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18) and the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Government provides information on the implementation of the voluntary scheme through the entry into force of the Regulations on voluntary contributions to the social security system, pursuant to Decree No. 6 of 2012, which gives the possibility to workers in the informal economy to affiliate themselves with the social security system. The Committee further notes that, according to the Government, the implementation of these provisions has resulted in the extension of the protection provided in case of employment injury to an additional number of workers including, notably, women working in the informal economy.

The Committee requests the Government to provide information on the modalities governing the voluntary affiliation of workers and the financing of benefits pursuant to Decree No. 6 of 2012 and on the measures taken to ensure its effective implementation, together with a copy of the Decree. The Committee further requests the Government to provide statistical information on the number of workers who have registered with the social security system on a voluntary basis. With regard to the protection of workers in the informal economy who are not affiliated against work-related accidents, the Committee hopes that the Government will take the necessary measures to implement the non-contributory social security scheme in accordance with Act No. 4/2007 and requests the Government to keep it informed of progress made in this regard.

(ii) Coverage of domestic workers. With reference to its previous comments on the need to ensure the protection of domestic workers against occupational accidents, the Committee notes with interest that, pursuant to article 21 of Book I and to Section IV of Book II of the new Labour Code, adopted in July 2021, domestic workers are now included in the scope of coverage of the Labour Code. The Committee further notes that the new Labour Code establishes the duty of employers to affiliate their employees with social security (article 49 (2) (e)), to transfer the responsibility for the compensation of employment injuries suffered by their domestic workers to an authorized insurer (article 298 (3)) and to compensate employees for damages suffered as a result of an accident at work or occupational disease, when this responsibility has not been transferred to an insurer (article 49(2)(f)).

The Committee requests the Government to confirm that domestic workers who suffer personal injury due to a work accident, or their dependents, in case of death, will be guaranteed compensation and afforded medical care, by application of the new Labour Code. The Committee also requests the Government to provide information on the means taken for the implementation of article 49 (2) (e) of the new Labour Code with a view to ensuring the effective coverage of domestic workers for work-related injuries.

Article 5. Compensation in the form of a lump sum. In its previous comments, the Committee noted that, in practice, compensation for work-related accidents could be paid wholly as a lump sum, and requested the Government to provide information on the measures taken to ensure that, when compensation for an occupational accident is granted in the form of a lump sum, an authority guarantees the proper utilization of the funds in accordance with Article 5 of the Convention.

The Committee notes the information provided by the Government in its report on the procedure and process for the granting and payment of the lump sum, for which the National Social Security Institute (INSS) is competent. The Committee however notes that, according to the Government, the INSS requires no guarantee of the proper utilization of the lump sum payment.

The Committee requests the Government to take the necessary measures to either ensure that (i) the compensation payable to the injured workers, or to their dependents, where permanent incapacity or death results from the injury, is paid in the form of periodical payments, or, when it is paid as a lump sum, (ii) that it is accompanied by sufficient guarantees for the competent authority to be satisfied that it will be properly utilized, in conformity with Article 5 of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee takes note of the information provided by the Government in the regard, and encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

Legislative developments. The Committee notes the inclusion, in the Government’s report, of a copy of the new Labour Code, adopted by the Peoples’ National Assembly in July 2021. The Committee also notes that sections 153 and 154 of the copy of the new Labour Code provide, among other matters, that the minimum wage shall be payable to all workers, including rural workers, without distinction based on sex or any other grounds, in an amount fixed annually by the Government, after consultation with the social partners. The Government indicates that after its promulgation, the new Labour Code will revoke the General Labour Act No. 2/86. The Committee requests the Government to provide a copy of the promulgated and published version of the new Labour Code.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. In its previous comments, noting that the latest decree fixing the minimum wage had been adopted in 1988 (Decree No. 17/88 of 4 April 1988), the Committee requested the Government to adopt the necessary measures without delay to fix the minimum wage in application of sections 110 and 114 of the General Labour Act No. 2/86, and to provide information on any examination of the matter and on consultations held with the social partners. The Committee notes the Government’s indication that Decree No. 17/88 has been subject to successive amendments. The Committee also notes the Government’s indication that in 2012 and 2017 the minimum wage in the public service was readjusted by government ordinance. The Committee observes, with regard to the categories included in the application of Decree No. 17/88, which exclude the public service, that the Government makes no reference to ordinances recently fixing new minimum wage rates. The Committee further notes the Government’s indication that no examination on the fixing of the national minimum wage rate has been undertaken to date, but that the Prime Minister’s Ordinance of 9 June 2021 established a multidisciplinary commission, including trade union representatives, to conduct an analysis of the current level of inflation and to propose a national minimum wage. The Committee strongly hopes that the Government will take the necessary measures, based on proposals from the abovementioned commission, to fix an updated minimum wage as soon as possible, after consultation with the representative organizations of employers and workers, in application of the legislation in force. The Committee requests the Government to provide information in this regard.

[The Government is asked to reply in full to the present comments in 2022.]

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Sufficiently dissuasive penalties. The Committee had noted the observations of the International Trade Union Confederation (ITUC) pointing to the inadequate provisions in the General Labour Act regarding protection against anti-union discrimination, as well as the observations of the National Workers Union of Guinea (UNGT-CS) referring to the need to strengthen the capacity of the general labour inspectorate and the courts to enforce the labour legislation. Noting the Government’s indication that progress needed to be made in this regard, the Committee requested the Government to take all necessary measures to reinforce protection mechanisms against acts of anti-union discrimination. The Committee notes the Government’s indication that the new Labour Code contains various provisions on protection against acts of anti-union discrimination. At the same time, the Committee notes the Government’s indication that no measures have been taken to reinforce protection mechanisms against acts of anti-union discrimination, while stating that it has noted the Committee’s recommendations and will communicate additional information when measures have been taken in this area. The Committee observes in this regard that although the Labour Code provides a special protection for workers’ representatives against acts of anti-union discrimination, with penalties that could be sufficiently dissuasive, such as reintegration and/or compensation (sections 398, 401 and 402), the Code does not precisely define penalties to be imposed in case of anti-union discrimination against other workers. The Committee also observes that section 48(2) of the Freedom of Association Act (Law No. 08/91) provides for fines of between 100,000.00 PG and 1,000,000.00 PG (the approximate equivalent of US$2.64 to US$26.37) in cases of anti-union discrimination, the very low amount of which cannot be considered a sufficiently dissuasive penalty. Recalling the importance of effective and rapid procedures and sufficiently dissuasive sanctions to prevent and redress all acts of anti-union discrimination, the Committee requests the Government to specify which protection mechanisms and penalties are applicable, by virtue of the new Labour Code or any other legal provision, in case of anti-union discrimination against any worker arising from his or her union affiliation or participation in union activities. In the event of section 48(2) of Act No. 8/91 remaining the applicable provision, the Committee requests the Government to take the necessary measures to amend this section so as to increase the amounts of the fines imposed to a level adequate to constitute a sufficiently dissuasive penalty against acts of anti-union discrimination.

Article 2. Adequate protection against acts of interference. Sufficiently dissuasive penalties. The Committee welcomes the fact that section 445 of the new Labour Code explicitly prohibits all the acts of anti-union interference covered in Article 2 of the Convention. The Committee notes however that the Code does not provide precise definitions of the applicable penalties. It also observes that section 48(1) of the Freedom of Association Act (Law No. 8/91) provides for a fine of between 250,000.00 PG and 2,500,000.00 PG (the approximate equivalent of US$6.59 to US$65.91 for violations of section 5(1) and (2) of this law, which prohibit acts of anti-union interference. In this regard, the Committee considers that the amount of this fine does not represent a sufficiently dissuasive penalty. The Committee requests the Government to specify the penalties, under the new Labour Code or any other legal provision, which are applicable in case of anti-union interference. In the event of section 48(1) of Act No. 8/91 remaining the applicable provision, the Committee requests the Government to take the necessary measures to amend this section so as to increase the amounts of the fines imposed to a level adequate to constitute a sufficiently dissuasive penalty against acts of anti-union interference.

Article 4. Promotion of collective bargaining. Compulsory arbitration. The Committee observes that section 496 of the new Labour Code foresees various situations where, within the framework of collective bargaining, compulsory arbitration may be requested by one of the parties or imposed by the authorities. The Committee recalls in this regard that compulsory arbitration in the framework of collective bargaining is only acceptable for public servants engaged in the administration of the State (Article 6 of the Convention), in essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in situations of acute national crisis. On this basis, the Committee requests the Government to provide information on: (i) the definition of essential services mentioned in section 496(c); and the implementation in practice of the different paragraphs of the same section.

The Committee notes the Government’s indication that the new Labour Code was adopted by the National Assembly in July 2021 and is awaiting promulgation by the President of the Republic. Once promulgated, the Labour Code will repeal the General Labour Act No. 2/86.

Scope of the Convention. Categories of workers. For several years now, the Committee has been asking the Government to communicate information on the status of the draft legislation regarding the guarantee of the rights protected by the Convention to agricultural and dockworkers. The Committee noted the Government’s indication that these matters were adequately addressed in the new Labour Code under approval. The Committee notes the Government’s indication that agricultural and dockworkers are covered by the new Labour Code, However, it observes, according to section 21 of the new legislation, that the following are subject to a special regime, without prejudice to the application of the general provisions of the Code which are not incompatible with the special regimes: employment contracts issued for (a) domestic work; (b) group employment; (c) apprenticeship or training; (d) work on board commercial and fishing vessels; (e) work on board aircraft; (f) dock work; (g) rural work; and (h) work performed by foreigners. In this regard, the Committee observes that the general provisions of the Labour Code in respect of freedom of association and collective bargaining (sections 395, 396 and 397) cover only the right to establish trade union organizations, their autonomy and independence, and the prohibition of anti-union discrimination. Emphasizing all workers, with the sole exception of members of the armed forces and the police, as well as public servants engaged in the administration of the State must have access to all the rights guaranteed by the Convention and, in particular, the right to collective bargaining, the Committee requests the Government to indicate in what manner the special regimes for the different categories of workers mentioned above regulate their collective rights.

Articles 4 and 6. Collective bargaining rights of public servants not engaged in the administration of the State. In its previous comments, the Committee also requested the Government to provide information on measures taken to adopt special legislation which, under section 2(2) of Act No. 08/91 on freedom of association, was to regulate the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee notes the Government’s indication that the public servants who do not exercise functions directly connected to the administration of the State are also protected by the provisions of the new Labour Code. The Committee observes, in the regard, that while section 2 of the Labour Code indicates the provisions of the Code applicable to the legal relationship in public employment, without prejudice to the provisions of the special legislation, the right to collective bargaining is not included in these provisions. In the absence of other information brought to its attention, the Committee requests the Government to specify the provisions or mechanisms whereby the different categories of public servants not engaged in the administration of the State my negotiate their working conditions and terms of employment and to provide information on the different agreements signed with the public employees’ and servants’ organizations.

Article 4. Promotion of collective bargaining. Procedures for extending collective agreements. The Committee observes that section 503 of the new Labour Code provides that the member of the Government responsible for the area of work may, by means of regulations, determine the entire or partial extension of collective labour agreements to employers of the same sector of activity and to workers of the same or a similar occupation. Recalling that the request to extend a collective agreement must, as a general rule, be made by one or more employers and workers organizations which are party to the collective agreement, the Committee requests the Government to take the necessary measures to modify the legislation to ensure that the extension of collective agreements are subject to tripartite consultations (even where they provide, as is the case in section 504 of the Labour Code, that the parties affected by the application of an extended collective agreement may submit an objection to the draft extension regulation).

Promotion of collective bargaining in practice. In its previous comments, the Committee requested the Government to provide information on the number of new collective agreements signed and on the number of workers covered by them. The Committee notes the Government’s indication that, to date, it does not have this information at its disposal, but that it will provide it as soon as it is available. Emphasizing the importance of having available statistical data in order to be able to evaluate more accurately the need to promote collective bargaining, the Committee hopes that the Government will soon be in a position to indicate the number of collective agreements concluded, the sectors covered and the number of workers concerned.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation, agriculture), 18 (workers’ compensation, occupational diseases), and 19 (equality of treatment, accident compensation) together.

Article 1 of Convention No. 12. Scope of coverage. With regard to its previous comments concerning the need to ensure effective equality of treatment of agricultural wage earners with other workers in respect of occupational accidents, the Committee takes due note of the information provided by the Government that agricultural workers are covered for work accidents and occupational diseases, under Decree No. 6/80 of 1980, which approves the Regulations of Decree No. 4/80 of 1980 on mandatory insurance for work accidents and occupational diseases, in the same manner as other workers. The Committee requests the Government to provide a general appreciation of the manner in which Convention No. 12 is effectively applied, including extracts from the reports of the inspection services, and information on the number of workers covered and injuries reported in the agriculture sector.

Article 1 of Convention No. 18. Scope of coverage. (i) Workers in the informal economy. In its previous comments, the Committee hoped that the Government would progress in the implementation of the non-contributory social security scheme in accordance with Act No. 4/2007 through the adoption of new regulations, to enable workers in the informal economy to benefit from compensation in cases of occupational accident or disease. The Committee notes the indication by the Government in its report that this scheme, referred to as the “citizen benefit” is facing serious problems as regards funding and sustainability due to weak administrative capacities. The Government also provides information on the implementation of the voluntary scheme through the entry into force of the Regulations on voluntary contributions to the social security system, pursuant to Decree No. 6 of 2012, which gives the possibility to workers in the informal economy to affiliate themselves with the social security system. The Committee notes with interest that, according to the Government, the implementation of these provisions has resulted in the extension of the protection provided in case of employment injury to an additional number of workers including, notably, women working in the informal economy. The Committee requests the Government to provide information on the modalities governing the voluntary affiliation of workers and the financing of benefits pursuant to Decree No. 6 of 2012 and on the measures taken for its effective implementation, together with a copy of the Decree. The Committee further requests the Government to provide statistical information on the number of workers who have registered with the social security system on a voluntary basis. With regard to the protection of workers in the informal economy who are not affiliated with the social security system against occupational diseases, the Committee hopes that the Government will take the necessary measures to implement the “citizen benefit” pursuant to Chapter V of Act No. 4 of 2007 and requests the Government to keep it informed of progress made in this regard.

(ii) Coverage of public servants. As regards its previous comments in which it requested the Government to take the necessary measures to ensure that public servants were covered by the social protection system, and thereby protected in case of work accident and occupational disease, the Committee notes the indication provided by the Government that, despite the weakness of the system, some progress has been achieved. The Government refers, in this regard, to improvements in the strategic planning and governance of social protection institutions, which have led to the creation of a body responsible for the administration of the pension fund of public servants. The Committee hopes that progress will also be made in the area of employment injury protection and requests the Government to take the necessary measures to ensure that public servants are compensated in case of occupational diseases, in application of Article 1 of Convention No. 18.

Article 2 of Convention No. 18. List of occupational diseases. With reference to its previous comments concerning the completion of the process for adopting a list of occupational diseases including at least the diseases recognized under Convention No. 18, the Committee notes the Government’s indication that there has been some progress with implementation. According to the Government, a bill on occupational safety and health has been drawn up by the Directorate of Labour, Employment and Vocational Training and will be submitted to the Council of Ministers in due course. In addition, the Government indicates that the National Insurance and Social Security Institute has been requested to proceed with the revision of Decree No. 4/80 of 9 February 1980 for the inclusion of a list of occupational diseases. The Committee requests the Government to ensure that a national list of occupational diseases is adopted without delay, including at least the diseases and poisonings produced by the substances set forth in the Schedule appended to Article 2 of Convention No. 18.

Application of Conventions Nos. 12 and 18 in practice. It its previous comments, the Committee noted that the priorities of the Decent Work Programme 2012–15 of Guinea-Bissau included among other the strengthening and expansion of the social protection system, particularly for women and workers in the informal economy, and hoped that the measures envisaged by the Government would provide the means to overcome the difficulties it was facing. In reply, the Government indicates that structural issues are still present, which hampers the ability of the State to give full effect to the Convention. The Committee takes note, in particular, of the financial and economic difficulties indicated by the Government, which prevent the proper functioning of the social security system in its entirety. The Committee also takes note of the indication by the Government of a lack of capacity in statistical data collection. The Committee hopes that the Government will be in a position to indicate progress in the application of the Conventions by tackling the above-mentioned issues and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 1 of Convention No. 19. System of automatic reciprocity laid down by the Convention. The Committee notes the reply provided by the Government in response to its previous comments requesting the implementation by the Government of the system of automatic reciprocity laid down by the Convention for foreign workers of all countries party to the Convention. The Committee notes, in particular, the Government’s indication that it welcomes the Committee’s suggestion to modify section 3 of Decree No. 4/80 of 1980 and section 5 of Legislative Decree No. 5/86 of 1986 for this purpose, while observing that no concrete measures have yet been taken to this effect. The Committee thus requests once again the Government to take the necessary measures to give full effect to Convention No. 19 by ensuring the equality of treatment for foreign workers of all countries party to the Convention in respect of workers’ compensation. In this view, the Committee reiterates its suggestion to the Government to consider replacing the phrase “subject to reciprocity” contained in section 3 of Decree No. 4/80 and section 5 of Legislative Decree No. 5/86 by the phrase “subject to the existence of a reciprocity agreement,” on the understanding that Convention No. 19 would be considered such an agreement.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 18 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) or to ratify the Social Security (Minimum Standards) Convention, 1952 (No. 102) and accept the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 (Part VI) reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 102 or Convention No. 121 as the most up-to-date instruments in this subject area.

Guinea-Bissau (ratification: 1977)

Articles 3, 4, 7(3), 10, 11 and 16 of the Convention. Functioning of the labour inspection system. Further to its previous comments, the Committee notes the indication in the Government’s report that the General Labour Inspectorate has merged with the General Inspectorate of Public Administration. The Committee also notes the Government’s indications concerning the major and persistent material and financial challenges, particularly the insufficient number of labour inspectors. The Government indicates that, currently, only 17 labour inspectors are in their posts, out of the 54 who should be deployed. The Government also refers to the ongoing lack of means of transport for the labour inspectorate, indicating that there is currently no operational vehicle. With regard to the lack of training for labour inspectors, the Committee notes that the last training session was provided in 2009 through the Community of Portuguese-speaking countries and that, according to the Government, training for inspectors is necessary in the areas of fishing, agriculture, construction, loading, weights and merchandise. While noting the difficulties pointed out by the Government, the Committee requests it to continue its efforts to ensure that workplaces are inspected as often and closely as necessary in order to guarantee the effective application of the relevant legal provisions. In this regard, it encourages the Government to continue its efforts to ensure that the labour inspectorate has the necessary material and human resources to effectively carry out the functions of this service. It requests the Government to communicate the information on the measures taken and progress achieved to this end, and to provide information on the number of labour inspectors in their posts, the number of visits conducted and the number of vehicles available to inspectors. The Committee also requests the Government to intensify its efforts to ensure that the labour inspectors receive adequate training and to provide information in this regard. Lastly, the Committee requests the Government to forward additional information concerning the reorganization of the General Labour Inspectorate and to provide an updated organigramme of the new labour inspection structure. The Committee reminds the Government that it may avail itself of the technical assistance of the ILO in this regard.

Articles 5(a) and 18. Effective cooperation between the inspection services and judicial bodies. Adequate penalties that are effectively enforced. Further to its previous comments, the Committee notes the information provided by the Government according to which neither the Public Ministry, which encourages mediation, nor the labour courts, which rules on the decisions, notified the labour inspectorate of the outcome of the procedures brought before the courts by the labour inspection services themselves, or by the workers or employers directly. The Government indicates, however, that the Public Ministry sometimes consults the labour inspectorate when it requests clarification on certain issues. The Committee also notes the Government’s indication that the small fines established by the Labour Code inhibit the filing of statements and collection of corresponding fines. It notes that, according to the Government, this problem could be resolved through the adoption of the new draft Labour Code, which is currently being discussed before the national people’s assembly. The Committee requests the Government to indicate the arrangements made or envisaged to ensure effective cooperation between the labour inspection services and the judicial system, and to ensure that the labour inspectorate is notified of the outcome of procedures. It also requests the Government to provide information on all measures taken to ensure that the penalties are dissuasive and effectively enforced, and to provide a copy of the Labour Code as soon as it is adopted.

Article 5(b). Collaboration with employers’ and workers’ organizations. Further to its previous comments, the Committee notes the information provided by the Government according to which the labour inspectorate has made efforts regarding its collaboration with workers’ and employers’ organizations, particularly by sending annual memos to employers’ organizations and through radio announcements on the need to provide charts of the numbers of personnel for the purposes of monitoring. The Committee requests the Government to provide further information on the collaboration between the labour inspectorate and employers and workers or their organizations.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes the Government’s indication that the greatest difficulty is the employers’ failure to declare industrial accidents and cases of occupational disease. It notes that employers are bound to declare industrial accidents or cases of occupational disease, in line with Act No. 02/86 of 5 April 1986 establishing the Labour Code and Decree No. 24-A/90 of 1 August 1990 but that, according to the Government, they only rarely fulfil this obligation in practice. The Committee requests the Government to provide information on any measures taken or envisaged in order to improve the notification of occupational disease and accidents to the labour inspectorate.

Articles 20 and 21. Annual report on the activities of the labour inspection services. The Committee notes that the Government, while recognizing that there are problems with the drafting, classification, publication and submission of reports to the Office, is committed to working with the labour inspectorate to ensure that its reports are in line with the spirit of the Convention. The Government indicates that, while the labour inspectorate has presented such reports in the past, they have not fully met the requirements of Article 21 of the Convention. The Committee therefore requests the Government to take all necessary measures to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of the Convention, and to take the necessary measures to ensure that they contain the information on all the matters listed under Article 21.

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 2021, 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

Contribution of the employment service to the promotion of employment. The Committee takes note of the report received in September 2013 in which the Government indicates that public employment services are not fully operational due to the lack of funding and of an employment policy framework. The Committee notes that apart from the Department of Employment Service and the Pilot Employment Centre that have been established within the Ministry of Labour, the Government has established, in 2011, an observatory of employment and vocational training responsible for the collection and analysis of labour market information. The Government highlights that it is actively working to ensure that the observatory becomes operational soon. The Committee also takes note that the employment policy is still in the process of being prepared. To this end, a working group has been constituted to continue work on a document, originally prepared in 2004, that provides an overview of the employment situation and identifies areas for employment as well as measures that can help to increase the domestic employment rate. Finally, the Committee takes note of the Government’s indication that the document that outlines the national strategy to reduce poverty (DENARP) sets forth employment promotion as a line of action of its third strategic axis. It also recalls that in its 2010 General Survey concerning employment instruments, the Committee indicated that the public employment service forms part of the institutions necessary for achieving full employment. Convention No. 88, the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181), all three form a necessary building block for employment growth (see 2010 General Survey, paragraphs 785–790). The Committee therefore again expresses the hope that a national employment policy will be adopted soon and that measures will be taken to strengthen employment services intended for young people, including services established outside the capital. It requests the Government to provide further information on the operation of the public employment service and also on the steps taken to strengthen the institutions necessary for achieving full employment. The Committee invites the Government to include in the report due in 2015 up-to-date information on the measures adopted to ensure the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources (Articles 1 and 3 of the Convention), in cooperation with the social partners (Articles 4 and 5). Finally, the Committee hopes that the observatory of employment and vocational training will soon become operational and that it will provide the Government with statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form).

The Committee takes note of the Government’s report.

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that, while section 156(3) of the General Labour Act provides for the right to equal pay for equal work, the principle of equal remuneration for men and women for work of equal value set out in the Convention had been included in the draft new Labour Act, as well as in the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which is intended to have direct force of law in Guinea-Bissau once it is adopted. The Committee notes the Government’s indication, in its reports, that: (1) a request was made to place the draft new Labour Act on the agenda of the People’s National Assembly; and (2) the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by OHADA Members States, some provisions of the draft Uniform Labour Act being incompatible with their national legislation. It further notes that in July 2019, the Economic Community of West African States (ECOWAS) Ministers adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Members States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take concrete legislative steps in the near future so as to ensure that any new legislation will fully reflect the principle of the Convention of equal remuneration for men and women for work of equal value, in order to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to report on any progress made in this regard, in particular concerning the adoption of the draft new Labour Act, the draft Uniform Labour Act of OHADA, and the draft Directive of Minimum Standards towards Harmonization of Labour Laws of ECOWAS. The Committee again asks the Government to forward a copy of the new Public Servants Statute which was awaiting promulgation according to the Government’s previous report.

Article 2. Promotion of gender equality. Addressing the gender pay gap. Referring to its previous comments where it asked the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, the Committee notes the Government’s statement that the Convention is awaiting implementation and that more actions will be needed in practice to really implement the principle of the Convention, including with the assistance of the ILO. The Committee notes that, according to the United Nations Development Programme (UNDP), the participation rate of women in the labour market has slightly increased since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), but still remains substantially lower than that of men (78.9 per cent in 2019). It takes note of the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016, which acknowledges the lack of access of women to higher education and vocational training, and women tending to be concentrated in areas performing specific duties that do not involve decision-making nor good remuneration, such as in the tourism and hotel sector. It notes that the PNIEG II provides for combating gender-based stereotypes by ensuring greater access of women to decision-making positions and entrepreneurship (pp. 54 and 57). The Committee notes that, as recently highlighted in the context of the Universal Periodic Review, compared with men, women have reduced incomes, higher rates of unemployment, and greater difficulties in overcoming poverty (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraph 60 and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 30 and 37). While acknowledging the financial constraints faced by the country and in light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee urges the Government to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity, in order to address the gender pay gap by identifying and addressing its underlying causes (such as stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family) and by promoting women’s access to a wider range of jobs with career prospects and higher pay. It asks the Government to report on the concrete actions and programmes implemented to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

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

Article 1 of the Convention. Domestic workers. The Committee recalls that, while domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), the principle of the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy, including domestic workers who are generally characterized by a high proportion of women and particularly low wages (2012 General Survey on the fundamental Conventions, paragraphs 658 and 664). The Committee asks the Government to provide information on any legislative or practical measures taken or contemplated to ensure that in determining wages for domestic workers, who are mostly women, their work is not undervalued in comparison with work in sectors in which men are predominantly employed, as a result of gender stereotypes. With reference to its observation under this Convention, it trusts that any new legislation fully reflects the principle of the Convention by ensuring that the principle of equal remuneration for men and women for work of equal value applies to all workers and all sectors of activities, in both the formal and informal economy, including domestic workers. Lastly, the Committee requests the Government to provide information on the measures taken or envisaged to collect and provide statistical data, disaggregated by gender, on the number of men and women domestic workers and their wages.

Article 2(2)(b). Minimum wages. In its previous comments, with reference to the indication that the Permanent Tripartite Council for Social Dialogue was examining the possibility of adopting a national minimum wage, the Committee asked the Government to provide information on the progress made with the establishment of a national minimum wage, as well as any other wage rates in the various sectors. The Committee notes the Government’s statement in its reports that an agreement has recently been signed by the Government and the trade unions to undertake a study on the fixing of a national minimum wage. The Government adds that wages for public sector workers were increased, which may serve as a basis for fixing minimum wages in the private sector. In this regard, the Committee refers to its observation adopted in 2019 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it noted with regret that a new decree fixing minimum wages had still not been adopted, as the most recent decree fixing minimum wages pursuant to sections 110 and 114 of the General Labour Act had been adopted in 1988 and was outdated. The Committee recalls that the setting of minimum wages is an important means of applying the Convention. As women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap. However, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female”, such as manual dexterity and those required in caring professions, are not undervalued in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey, paragraphs 682–683). The Committee therefore asks the Government to provide information on any progress made with respect to the establishment of a national minimum wage, as well as any other wage rates in the various sectors. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage rates, in both the public and private sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee previously noted the collective labour agreements concluded in the banking sector and the company-level agreement for the telecommunications sector, and asked the Government to provide statistical information on the distribution of men and women by job category and their corresponding wages for these sectors. It notes that the Government has not provided information in this regard. The Committee however notes the Government’s statement that, in the framework of the initiatives to promote tripartite social dialogue, attention will be paid to the realization of awareness-raising campaigns with employers’ and workers’ organizations to ensure the implementation of the Convention, particularly with regard to the notion of ”work of equal value”. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, especially in light of the absence of any legislation giving effect to the principle of equal remuneration for men and women for work of equal value, the Committee again asks the Government to provide a copy of any updated collective agreements concluded in the banking and telecommunications sectors, as well as any other collective agreements in force containing clauses on wage determination or reflecting the principle of the Convention. It further asks the Government to provide information on the action taken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on the national classification of jobs in the private sector, and that posts of civil servants were reclassified in accordance with a specific law. It notes the Government’s indication that the Directorate of Labour, Employment and Vocational Training, in conjunction with the Municipal Chamber of Bissau, has proposed a memorandum with a view to organizing and classifying minor occupations which are carried out on public thoroughfares. The Committee once again asks the Government to provide information on the establishment of any objective job evaluation mechanisms and the progress made with regard to the study on the national classification of jobs, including minor occupations carried out on public thoroughfares. It asks the Government to provide a copy of any study or classification adopted to this end, as well as the legislation reclassifying the posts of civil servants, indicating the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee previously noted that new regional labour inspectorates had been established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country, but that, despite the Government’s political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that there are significant difficulties in identifying and dealing with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No. 81), which highlights the significant and persistent challenges of a financial and material nature in applying the Convention and encourages the Government to submit a formal request to the ILO for technical assistance in that domain. The Committee once again requests the Government to provide information on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, as well as to raise public awareness of the procedures and remedies available. In addition, the Committee asks the Government to provide information on any administrative or judicial decisions related to inequality of remuneration.

Statistics. The Committee notes the Government’s indication that challenges remain regarding the collection of statistics, but that the institutionalization of a national employment statistics system is planned. In this regard, the Committee notes that the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016 sets as a specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee requests the Government to provide updated information on any progress made in collecting, processing and analyzing statistical data on pay differences between men and women in the various sectors and categories of employment, and to provide any available data, disaggregated by gender.

Articles 1, 2 and 3 of the Convention. The Committee notes that, referring to its previous comments concerning the applicability of the Convention to certain linguistic and ethnic groups, the Government indicates that, even though there are various ethnic groups and populations who have their own customary rules and characteristics that are distinct from each other, the national laws and regulations are applied to all ethnic groups. The Government adds that, therefore, it does not seem necessary to devise specific laws for each ethnic group.

The Committee notes that Decree No. 8/2005 on the creation of a Marine Community Protected Area (AMPC) of the islands of Formosa, Nago and Chediã (the Urok islands) aims at the sustainable development of the local populations by empowering the communities who live there and ensuring their full participation in the conservation of these islands for current and future generations. The Decree’s preamble stipulates that the Bijagós archipelago, where the Urok islands are located, has abundant fishing resources and a significant biological diversity that has been preserved until now, thanks to the traditional management methods practised by the Bijagó people. The Committee notes in this regard the adoption of the second Management Plan of the AMPC of the Urok islands. It notes that this plan provides for a governance and participatory management system of the AMPC with broad representativity of the communities with regard to coordination, decision-making and realization of the plan, along with the oversight of the recognized and strengthened local traditional authorities. In addition, the plan indicates that the cultural patrimony of the islands, which include some ten smaller sacred islands and many places of ceremony, as well as the vitality of the traditions, evidences the preservation of the Bijagó community’s own values as a whole.

The Committee requests the Government to provide information on the implementation of the second Management Plan of the AMPC of the Urok islands, particularly with regard to the protection of the values and traditions of the peoples concerned; the promotion of their social, economic and cultural development; and how these populations participate in the implementation of the plan. It also requests the Government to provide more general information on the protection of the institutions, values and lands of the Bijagó population throughout the archipelago; the measures aimed at promoting their economic and social development; and how the members of this population are involved.

Furthermore, the Committee requests the Government to specify the size of the Bijagó population and, where possible, that of other groups among the national population who could benefit from the protection of the Convention given their social tribal or semi-tribal structure, or the existence of their own customs and traditions (Article 1(1)(a) of the Convention).

The Committee takes note of the Government’s report.

Article 1 of the Convention. Legislative protection against discrimination. The Committee recalls that article 24 of the Constitution and sections 24(d) and 155 of the General Labour Act No.2/86 do not prohibit discrimination on the grounds of colour, social origin and national extraction, which are listed in Article 1(1)(a) of the Convention, and that domestic workers are explicitly excluded from the scope of application of the General Labour Act (section 1(2)). The Committee previously noted that the Government was in the process of elaborating a new Labour Act, and that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau once it is adopted, includes provisions prohibiting discrimination in employment and occupation in accordance with the Convention. The Committee notes the Government’s indication in its reports that: (1) a request was made to place the new Labour Act on the agenda of the People’s National Assembly; and (2) the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by the Member States of OHADA (which has 17 Member States), as some provisions of the draft Uniform Labour Act are incompatible with their national legislation. It further notes that in July 2019, Ministers of the Economic Community of West African States (ECOWAS) adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Member States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take measures in the near future to ensure that any new legislation: (i) prohibits direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, national extraction and social origin, with respect to all aspects of employment and occupation; and (ii) covers all categories of workers, in both the formal and informal economy, including domestic workers. It asks the Government to provide information on: (i) any progress made in this regard, in particular concerning the adoption of the draft new Labour Act, the draft Uniform Labour Act of OHADA, and the draft Directive of Minimum Standards towards Harmonization of Labour Laws of ECOWAS; and (ii) the specific measures implemented to ensure that the protection of men and women workers against discrimination in employment and occupation is ensured in practice, in particular for domestic workers who are excluded from the scope of the General Labour Act.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes with interest : (1) the adoption of the Gender Parity Act No. 4/2018, promulgated in December 2018, which provides for a minimum representation of 36 per cent of women candidates on party lists for legislative and local elections or appointments to the National Assembly and local governments; as well as (2) the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016 as well as of its Action Plan 2016–25. It notes that, according to the PNIEG II, the situation of women in education and employment is characterized, inter alia, by: (1) a high illiteracy rate (56 per cent), a low school enrolment rate (67 per cent) and a significant school drop-out rate (18 per cent); (2) a lack of specialized training in different technical and occupational areas; (3) discrimination on the basis of sex; (4) a lack of knowledge of their rights and a traditional culture of silence; and (5) the lack of strategy to promote entrepreneurship, which all limit their economic independence. It further notes that the PNIEG II sets as specific objectives and actions: (1) the adoption of an agenda on gender equality and equity in education; (2) the enhancement of women’s access to higher education and vocational training, particularly in the sciences, as well as the access of women and men to equal productive and economic opportunities; (3) the enhancement of women’s empowerment and entrepreneurship, including by ensuring access to credit for 35 per cent of women; (4) the promotion of women’s participation in public and political life and decision-making; and (5) the implementation of awareness-raising activities on gender equality instruments adopted at national and international levels. Furthermore, the Committee notes that the Strategic and Operational Plan “Terra Ranka” 2015–20 provides for the implementation of projects promoting women’s entrepreneurship. The Committee welcomes these initiatives and notes that, according to the United Nations Development Programme (UNDP), while the participation rate of women in the labour market has increased slightly since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), it still remains substantially lower than that of men (78.9 per cent in 2019). Furthermore, according to the 2019 report of the United Nations Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, despite the adoption of the Gender Parity Act, in the March 2019 legislative elections only 13 women secured parliamentary seats, the same number as in the previous legislature before the enactment of the Act (S/2019/664, 7 February 2019, paragraphs 10 and 68). While acknowledging the financial constraints faced by the country, the Committee notes that, as recently highlighted in the context of the Universal Periodic Review (UPR): (1) the low human development indicators in Guinea-Bissau particularly affect women and the gender inequality gap is still very wide; and (2) there is a great need to reinforce positive social norms to prevent cultural and traditional practices that discriminate against women, particularly with regard to women’s access to land and economic resources, which remains very limited in practice (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 11, 41 and 62; and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 27 and 38). Concerning education, the Committee notes that, according to the 2019 UNICEF Country Office Annual Report, almost half of girls who were enrolled in primary school dropped out before completing, mainly because of early pregnancy or early marriage. It refers, in that regard, to its 2019 direct requests on the application of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it expresses concern at the gender and geographical disparities with regard to access to and the quality of education, particularly regarding the situation of girls in foster families, who are exposed to various forms of exploitation and are denied education. In light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee asks the Government to take proactive measures to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity and its Action Plan 2016–25, as well as of the Strategic and Operational Plan “Terra Ranka” 2015–20, to improve equality of opportunity and treatment between men and women in all aspects of employment and occupation through the adoption of effective measures to: (i) enhance women’s entrepreneurship and access to vocational training, the labour market, land and credit; and (ii) improve the net school attendance rate for girls, while reducing their early drop-out from school. It asks the Government to provide information on the results of the actions and programmes implemented to that end and on any activities undertaken, including in collaboration with employers’ and workers’ organizations, to raise public awareness and understanding of the Convention among workers, employers and their representative organizations, as well as among law enforcement officials.

Article 5. Restrictions on the employment of women. Prohibition of night work by women. The Committee recalls that the General Labour Act provides for: (1) the adoption of supplementary legislation to prevent women from being employed in hazardous occupations (section 155(4)); and (2) the prohibition of night work by women, except in managerial posts or posts of a technical nature involving responsibility, in hygiene, health or social welfare services, in the event of unforeseeable situations of force majeure, and in posts which by their nature can only be performed at night (section 160). The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. In addition, 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 (2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). In light of the prevailing gender stereotypes, the Committee urges the Government to review the prohibition of night work by women and its approach regarding restrictions on women’s employment. It asks the Government to take the necessary measures to amend sections 155(4) and 160 of the General Labour Act, in particular in the context of the ongoing legislative developments, to ensure that any restrictions on the work that can be performed by women are limited to maternity protection in the strict sense, and are not based on stereotypical perceptions about their capabilities and role in society which would be contrary to the Convention. It asks the Government to provide information on any progress made in this regard.

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that, while no specific provision address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which is intended to have direct force of law in Guinea-Bissau once it is adopted, would fill the existing legislative gap. The Committee notes the Government’s indication, in its reports, that the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by States which are members of the OHADA, some provisions of the draft Act being incompatible with their national legislation. The Government adds that several activities are planned for 2020 by the Labour and Social Dialogue Council under the coordination and supervision of the General Directorate for Labour, Employment and Vocational Training, in order to raise awareness about sexual harassment. The Committee welcomes the adoption of the Domestic Violence Act No.6/2014. It notes however that, as acknowledged by the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016, the situation of women in education and employment is characterized by sexual harassment, lack of knowledge of their rights and traditional culture of silence. The Committee further notes that, as recently highlighted in the context of the Universal Periodic Review, sexual violence against women remains widespread but underreported. Recalling that domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), it notes more particularly that domestic workers are particularly exposed to this situation (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 36 and 64; Letter dated 13 March 2019 from the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, and the Special Rapporteur on violence against women, its causes and consequences; and A/HRC/29/31/Add.1, 1 April 2015, paragraph 31). Stressing again the importance of enacting provisions to explicitly prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on any progress made in this regard, including through the adoption of the draft Uniform Labour Act of OHADA. It further asks the Government to provide information on the measures and activities implemented, including by the Labour and Social Dialogue Council, in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation, including for domestic workers.

Enforcement. The Committee previously noted that new regional labour inspectorates were established in the towns of Bafatá, Bula and Buba, covering the eastern, northern and southern regions of the country but that the Government indicated that, in spite of its political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that strong difficulties are faced to identify and deal with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No.81), highlighting that the application of the Convention faces significant and persistent challenges of a financial and material nature and encouraging the Government to submit a formal request to the ILO for technical assistance in that domain. It further notes that, in its 2016 report on Guinea Bissau, the United Nations Special Rapporteur on the independence of judges and lawyers expressed serious concerns about: (1) the lack of tribunals, information, trust and education that pushes most people to resort to traditional leaders to settle their disputes; (2) the fact that justice is too expensive for the great majority of the population who cannot afford its services; (3) judicial delays which often amount to a denial of justice; (4) the lack of quality of services delivered and guarantees of due process; and (5) the fact that judges, prosecutors, lawyers and court staff are not adequately trained to discharge their professional functions (A/HRC/32/34/Add.1, 4 April 2016, paragraph 95). The Committee again asks the Government to provide information: (i) on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of discrimination in employment and occupation, as well as to raise public awareness of the procedures and remedies available; and (ii) on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Statistics. Referring to its previous comments, the Committee notes the Government’s indication that challenges remain regarding the collection of statistics but that the institutionalization of a national employment statistics system is planned. In that regard, the Committee notes that the PNIEG II sets as specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee wishes to recall that collecting, analysing and disseminating information regularly is important for addressing appropriately discrimination in employment, determining if measures taken are having a positive impact on the actual situation and its underlying causes and make any necessary adjustments. The Committee hopes that the Government will make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various economic sectors. It asks the Government to provide any available information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

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

The Committee notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 4 of Act No. 12/2011 for the Preventing and Combating Trafficking in Persons especially Women and Children (Anti-Trafficking Act), any person who recruits, supplies, transports, or accommodates a person for purposes of prostitution, forced labour, slavery, involuntary servitude or debt bondage shall be punished with imprisonment from 3 to 15 years. It also notes that section 15(a) of the Anti-trafficking Act makes it an aggravating circumstance if the victim of any of the crimes under this Act is a child or a person over the age of 18 years who is incapable of protecting themselves from abuses. The Committee requests the Government to provide information on the application of Anti-Trafficking Act in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years.

2. Compulsory recruitment of children in armed conflict. The Committee notes that according to the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (CRC) (Combined second, third and fourth periodic reports; CRC/C/GNB/2 4, paragraphs 31 and 215), Law No. 3/80 and Decree No. 20/83 establishes 18 years as the minimum age for enlistment for compulsory military service. The Committee requests the Government to provide a copy of the provisions of Decree No. 20/83 which establishes a minimum age of 18 years in the military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that as per section 136 of the Penal Code, any person who for profit or for making a way of life, facilitates or in any way contributes to the prostitution or sexual acts of others shall be punished with imprisonment for up to three years. Section 134 of the Penal Code makes it an offence to have sexual intercourse with children under 16 years of age which is punishable with imprisonment from two to eight years. The Committee further notes that according to section 5 of the Anti-Trafficking Act, any person who procures another person for pornography or sexual exploitation shall be punished for 5 to 8 years of imprisonment and this offence if committed against a child under the age of 18 years shall amount to an aggravated offence. The Committee observes, however, that the use of a child, i.e. by a client, between the ages of 16 and 18 years does not appear to be prohibited by national legislation. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the use of children between the ages of 16 and 18 years in prostitution is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Decree No. 2-B/93 of 1993 on Narcotic Substances provides for penalties for the offences related to the production and trafficking of drugs and other acts related to its proceeds (sections 3 and 6). It further notes that according to section 7(i) of the Act of Narcotic Substances, if a minor is used for committing any of the above offences, this constitutes an aggravated circumstance where the punishment shall be imprisonment for up to 15 years. The Committee requests the Government to indicate whether the term “minor” used under section 7(i) of Decree No. 2-B/93 refers to children under the age of 18 years.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that by virtue of section 148(1) of the General Labour Act No. 2/86 (Lei General de Trabalho – LGT), it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. It also notes that in accordance with section 151 of the LGT, employers are prohibited from employing children in conditions that are likely to affect their physical and moral development. The Committee further notes that according to section 148(2) of the LGT, an additional regulation shall specify the work referred to under section 148(1). It notes the Government’s indication that it has not yet developed a list of types of hazardous work prohibited to children under the age of 18 years. However, steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee urges the Government to ensure that a regulation pursuant to section 148(2) of the LGT, determining the types of hazardous work prohibited to children under the age of 18 years is adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. 1. National Committee to Combat Human Trafficking. The Committee notes that section 33 of the Anti-trafficking Act provides for the establishment of a National Committee for prevention, protection, combat and support to the victims of human trafficking. The Committee requests the Government to provide information on the establishment of the National Committee for the prevention of Human Trafficking as well as on its activities on preventing and combating human trafficking.

2. Inspectorate General of Labour and Social Security (IGTSS). The Committee notes the Government’s information that the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for monitoring compliance with the provisions of the labour law. According to the ILO–IPEC report on Guinea-Bissau (prepared as part of the comparative study in the ILO–IPEC–PALOP project on eliminating the worst forms of child labour in Portuguese-speaking countries in Africa) a decree has been approved, but not yet promulgated, on the Ministry of Public Service, Labour and Reform of the State which will indicate the labour inspection mandate and the IGTSS’s role in combating child labour as well as its collaboration with other public authorities in ensuring that labour standards are fully respected. The Committee requests the Government to provide further information on the labour inspection mandate on child labour issues and on the functions of the IGTSS in combating child labour as laid down under the new decree on the Ministry of Public Service, Labour and Reform of the State. It also requests the Government to provide information on the more recent activities of the IGTSS, including the number of workplaces investigated per year, and more specifically, the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programmes of action. 1. National Plan of Action against Trafficking in Human Beings. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, a National Plan of Action to combat trafficking in human beings has been launched by the Institute of Women and Children in 2011 with the purpose of reducing the negative impact of the prevalence of human trafficking in the country. The main strategies and goals of this National Action Plan include: (i) advocacy and lobbying; (ii) institutional collaboration; (iii) prevention through information, education and communication; (iv) strengthening institutional capacity; (v) supporting victims of human trafficking; and (vi) research. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Trafficking in Human Beings and the results achieved.

2. National Plan of Action to combat child labour and its worst forms. The Committee notes the Government’s statement that it is in the process of drawing up a national plan of action to combat child labour and its worst forms. It also notes that a decree creating a National Steering Committee for the Elimination of Child labour has been approved. The Committee requests the Government to provide information on progress made in the formulation of the national plan of action to combat child labour and its worst forms and its implementation. It also requests the Government to provide information on the activities of the National Steering Committee for the Elimination of Child Labour and its impact on eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that according to section 12 of Act No. 4 of 29 March 2011 on Basic Education System, basic education is universal and compulsory and totally free up to the sixth year, and from the seventh year, free in accordance with the economic possibility of the State. The Committee notes that according to the Second National Poverty Reduction Strategy Paper (DENARP/PRSP II, 2011–15), notable progress has been made in the education sector. The PRSP-II indicates an increase in the school enrolment rate from 45.3 per cent in 2000 to 67.4 per cent in 2010. However, the PRSP-II indicates that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. In the eastern part of the country, no more than one in two children (52.6 per cent) of school age is enrolled in school. The PRSP II further indicates that, according to 2010 Multiple Indicator Cluster/Reproductive Health Demographic Survey (MICS/IDSR) at the secondary level, the net enrolment rate is 23.5 per cent at the national level, while the rate for girls is only 19.9 per cent. The Committee finally notes from a report available on the website of the UNHCR that according to the 2011 National Strategy to Combat Poverty, for every 100 children who enrol in first grade, only 40 children reach the sixth grade. The Committee expresses its concern at the gender and geographical disparities with regard to access to, and quality of, education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates, with special attention to girls. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of boys for forced labour and begging. The Committee notes the Government’s statement that there are children who live from begging encouraged by Koranic teachers. The Committee notes that according to a report available on the website of the UNHCR, Guinea-Bissau is a country of origin and destination for children subjected to forced labour and sex trafficking. Children, including talibés, are trafficked internally and internationally to Senegal and other neighbouring countries for forced begging, domestic work and agricultural labour. The report indicates that marabouts (religious teachers), or their intermediaries, recruit boys under the pretence of offering them a Koranic education, and subsequently transport them to Senegal, Mali or Guinea where they are forced to beg. The Committee also notes that according to a report by UNICEF and the University of Iceland, entitled Child trafficking in Guinea-Bissau – An explorative study, 2010, children involved in religious studies in Senegal are also engaged in agricultural work for their marabouts, during the cotton and peanut harvest. The Committee urges the Government to take effective and time-bound measures to withdraw children under 18 years of age, and particularly young boys, from situations of trafficking for forced or compulsory labour, such as begging and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes from the Government’s report of 2011 to the CRC, that since the end of the civil war of 1998, the phenomenon of street children has been a matter of major concern for the general community. Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the street and to provide the necessary direct assistance for their rehabilitation and social reintegration. The Committee requests the Government to indicate the measures taken in this regard and on the results achieved.

2. Child domestic workers. The Committee notes from the UNICEF report on child trafficking in Guinea-Bissau that, children and adolescents, especially girls, from all ethnic groups in Guinea-Bissau are involved in the practice of fosterage and are engaged in work that contributes to the household economy. The report indicates that Felupe girls are engaged in domestic work from an early age, most of the time within the family, both in Guinea-Bissau and abroad, and Balanta girls stay with their relatives in the country as well as in the neighbouring countries where they are often engaged in domestic work. The Committee also notes from a report available on the website of the UNHCR that girls in Guinea-Bissau are subjected to domestic servitude in Guinea and Senegal, while a smaller number are subjected to prostitution, including for exploitation by international sex tourists. The Committee expresses its deep concern at the situation of foster children, particularly girls, who are exposed to exploitation, which can take various forms, and who are denied education. The Committee, therefore, urges the Government to take effective and time-bound measures to protect children under the age of 18 years, particularly girls, from engaging in exploitative domestic work, and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee notes that according to the ILO–IPEC report on Guinea-Bissau under the PALOP project, the National Action Plan on Education prepared by the Ministry of Education aims to ensure access and success in primary education by 2015 of all children, particularly girls and children from ethnic minorities and to eliminate gender disparities in primary and secondary education. Moreover, the National Strategy for the Social Protection of Children which has the primary purpose of guiding the efforts of the Government in ensuring an adequate social response to children in vulnerable situations encourages the Government to focus on the rights of women and girls. In this regard, efforts are being taken to strengthen girls’ education. The Committee requests the Government to provide information on the results achieved, in terms of girls’ education following the implementation of the National Action Plan on Education and the National Strategy for the Social Protection of Children.

Application of the Convention in practice. The Committee notes the Government’s reference to some situations of concern in practice, such as children who do seasonal work in agriculture in family fields, i.e. in the informal sector; those who live from begging encouraged by Koranic teachers, displaced children as well as children used in prostitution and forced labour, although they are covered by the law including the Criminal Code and the Anti-Trafficking Act. The Committee expresses its concern at the apparent prevalence of the worst forms of child labour in the country and urges the Government to redouble its efforts to combat the worst forms of child labour, including through the enhancement of labour inspection and other law enforcement agencies. It also requests the Government to ensure that sufficient data on the situation of children involved in the worst forms of child labour is made available, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, the information provided should be disaggregated by sex and age.

Articles 1(1) and (2)(1) of the Convention. Trafficking in persons. Referring to its previous comments on the implementation of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children, the Committee notes the information provided by the Government on the measures taken to combat this phenomenon. The Government indicates that, in 2017, it conducted a training, information and awareness-raising campaign on the prevention of trafficking in persons, illegal migration and the smuggling of migrants. This campaign, promoted by the Institute for Women and Children (IMC), involved police authorities, the armed forces, the Ministry of Health, the General Directorate of Labour, Employment and Vocational Training, the National Committee for the Elimination of Traditional Practices Harmful to Women and Children (CNAPN), traditional leaders and civil society organizations. The Government also indicates that three legal proceedings for cases of trafficking in persons involving 11 child victims have been initiated, but are still ongoing. Regarding the difficulties reported by the Government regarding collaboration between the various bodies working to combat forced labour and trafficking in persons, including the courts, the Committee notes the Government’s indication that measures have been taken, such as the consolidation of the technical committee to combat trafficking and the formulation and adoption of a National Plan of Action. Furthermore, the Committee notes that, according to the report of the Secretary-General of 7 February 2019 on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, a high-level national dialogue on combating drug trafficking and transnational organized crime was launched through a conference that was held in Bissau on 28 and 29 November 2018 identifying the elements of a national strategy and strategic and operational recommendations for updating an operational plan on combating drug trafficking and transnational organized crime, including trafficking in persons (see S/2019/115, paragraph 66). The Committee requests the Government to continue to provide detailed information on the measures taken to ensure the training of state officials who are likely to come into contact with victims, including the labour inspectorate, and to guarantee better coordination between the relevant stakeholders to prevent, suppress and eliminate trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to continue to provide information on the application in practice of Act No. 12/2011, including the number of investigations conducted, prosecutions initiated and convictions handed down, the specific penalties applied, the number of victims and the nature of the assistance they receive. The Committee also requests the Government to provide information on the updated Plan of Action for combatting trafficking in persons, and to provide a copy.

Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies. In its report, the Government indicates that criminal law provides for the possibility of replacing the prison sentence with social work, if the prisoner consents. The Government also indicates that Decree No. 12/2011 approving the minimum rules for the treatment of prisoners allows for the possibility of prisoners doing paid work while they serve their sentences. The Government explains that, in both cases, the rules on occupational safety and health, occupational accidents or compensation for occupational injuries must apply under conditions similar to those laid down in the legislation applicable to free workers.

The Committee notes section 43 of the Penal Code under which the performance of social work in lieu of a prison sentence of less than one year may take place when, for crime prevention reasons, the offender expressly agrees to undertake social work. The Committee notes that section 47 of the Penal Code defines social work as the performance of work free of charge in a public body or in other designated entities of community interest.

In addition, with regard to work carried out while serving a prison sentence, the Committee takes note of Decree No. 12/2011, which provides that the work assigned to convicted prisoners according to their personal capacity and condition shall be remunerated and shall enable them to make reparation for the damage caused by the crime, to acquire objects for personal use, to assist their families, and to build up savings which shall be paid to them upon their release. Noting that the above-mentioned Decree does not provide any details on this subject, the Committee reiterates its request to the Government to indicate whether convicted prisoners may be required in practice to work for private entities while serving their sentences and, if so, how they give their consent to work for such entities, in addition to whether the work is carried out under the supervision or control of a public authority.

The Committee takes note of the Government’s reports on several maritime Conventions. In this regard, the Committee notes the Government’s indication that the Maritime Labour Convention, 2006 (MLC, 2006), has been approved by the Popular National Assembly in 2016 and that it is committed to preparing the declaration foreseen in Regulation 4.5, paragraph 2, to include the coverage of medical care, sickness benefit, old-age benefit and occupational disease benefit. The Committee notes these efforts and requests the Government to provide updated information on progress achieved in this regard. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). Article 1(3) of the Convention. Scope of application. The Committee requested the Government to provide updated information on the number of vessels falling within the scope of application of the Convention and on any legislative development giving effect to the Convention. The Committee notes the Government’s indication that only three vessels are flying its flag and that they are obsolete. It further notes that the Government refers to the existence of a draft collective agreement for seafarers covering some of the requirements of the Convention. The Committee requests the Government to provide information on the developments concerning any legislative measure or collective bargaining agreement giving effect to the Convention.

The Certification of Ships’ Cooks Convention, 1946 (No. 69). Articles 3 and 4 of the Convention. Ship’s cook certificate of qualification. Examinations for the granting of certificates of qualification. Recalling that only the competent authority – not the captain – is allowed to grant exemptions from the obligation of the ship’s cook to hold a certificate of qualification and that it is for the national authority to make arrangements for the holding of examinations and for the granting of certificates of qualification, the Committee requested the Government to indicate the measures taken to give effect to Articles 3 and 4 of the Convention. The Committee takes note of the Government’s indication that there is no naval school in the country, but that it is considering the possibility of accrediting certain existing schools for cooks, which would provide the necessary training and qualification for ships’ cooks. The Committee requests the Government to provide information on any progress achieved in this regard as well as on any other measures taken to give effect to Articles 3 and 4 of the Convention.

The Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 4(2) of the Convention. Seafarer’s identity document. Particulars to be included. The Committee requested the Government to modify the current cédula de inscricão marítima (seafarer’s identity document) in order to include a statement that the document is a seafarer’s identity document for the purpose of this Convention. It notes the Government’s indication that measures will be taken to ensure that the cédula de inscricão marítima complies with the requirements of the Convention. The Committee therefore requests the Government to provide a specimen of the modified cédula de inscricão marítima once adopted.

Effect of criminal penalties involving compulsory labour on the application of the Convention. In its previous comments, the Committee recalled that the Convention not only protects persons expressing political views from being sentenced to forced labour but also lays down a general ban on the imposition of compulsory labour on such persons – which would be the case where someone expressing a political opinion is sentenced to imprisonment and the national legislation at the same time provides an obligation to work in prison. The Committee therefore asked the Government to indicate the provisions of the national legislation establishing the voluntary nature of the work done by persons sentenced to imprisonment. The Government indicates in its report that work done by prisoners cannot be forced or compulsory. According to the Government, section 52 of Decree No. 12/2011, approving the minimum rules for the treatment of prisoners, read in conjunction with Rule 96 et seq. of the United Nations Standard Minimum Rules for the Treatment of Prisoners, allows the possibility of paid work being done by prisoners during their sentence but provides that their consent must always be freely given. The Committee notes that section 52 of Decree No. 12/2011 provides that work shall be assigned to convicted prisoners according to their ability and personal condition, subject to a doctor’s opinion, taking account of their future needs and labour market opportunities, and that the work assigned shall be educational and productive and not of a punitive nature. Laws or regulations shall determine daily and weekly hours of work for convicted prisoners, and also determine hours of leisure and rest, education and other activities necessary for their social rehabilitation. The pay earned by prisoners must enable them to make reparation for the damage caused by the crime, to acquire items for personal use, to provide assistance for their families, and to acquire savings which will be made available to them on their release. The Committee requests the Government to provide detailed information on the point in time when convicted prisoners give their consent to prison labour and on the procedure established for that purpose. It requests the Government to indicate the consequences arising from any refusal by a prisoner to do work that has been imposed. The Committee also requests the Government to indicate, if applicable, the related provisions of the national legislation and to send a copy of them.

Comments adopted by the CEACR: Guinea - Bissau

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Adopted by the CEACR in 2020

C018 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

C107 - 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)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C069 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Guinea - Bissau

Display the list by:

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Adopted by the CEACR in 2020

C018 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

C107 - 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)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C069 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)