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

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Guinea (Ratification: 1967)

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

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

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

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

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