ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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
Articles 2 and 3 of the Convention. Formulation and implementation of a national equality policy. In its previous comment, the Committee requested the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee notes that in its report, the Government restricts itself to affirming the will of the President of Guinea to improve living and working conditions of women and young persons. The Committee recalls that the implementation of a national equality policy presupposes a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). In respect of anti-discrimination legislation, the Committee recalls that section 5 of the Labour Code prohibits discrimination on the basis of “sex, age, national extraction, race, religion, colour, political or religious beliefs, social origin, membership or not of a trade union, trade union activities and disability” – which goes beyond the list of grounds of discrimination set out in the Convention – while under section 3 of the same Code “The State ensures equality of opportunity and treatment of citizens in respect of access to occupational training and employment without regard to their origin, race, sex, religion or philosophy” – which is more restrictive that the Convention both in the grounds for discrimination and in the aspects of employment covered. To enhance the coherence and application of the legislation, the Committee requests the Government to take the measures necessary to align the scope of articles 3 and 5 of the Labour Code so that they cover the same grounds of discrimination and at least the seven grounds listed in the Convention – and all aspects of employment; that is, not only access to training and employment, but also employment conditions. The Committee further requests the Government to take the practical measures to promote equality both during recruitment and at work, for example by organizing activities to raise workers’ and employers’ and their organizations’ awareness of questions related to stereotypes and prejudices based on race, colour, religion, political opinion, national extraction or social origin and of ways of promoting and maintaining a working environment that favours equality of opportunity and treatment.
Article 2. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the “gender and equity units” and the “More young people and women in the administration” programme which, through training and awareness raising, have led to a higher number of women appointed to decision-making or high-ranking posts. It also notes the adoption in May 2019 of a law on parity, under which parity applies to any list of candidates in national and local elections, and also to elected offices within public institutions. With regard to the private sector, the Committee recalls that one of the objectives of the national gender policy is the promotion of gender equality in legal instruments and in access to and control of resources, the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women. However, the Government’s report contains no information in that respect, and the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights observes in its concluding observations that “Women and girls continue to face discrimination in relation to access to land ownership, employment and education, […]” and expresses concern “at the high rates of unemployment and underemployment, which disproportionately affect women […]” (E/C.12/GIN/CO/1, 30 March 2020, paragraphs 20(a) and 24). The Committee requests the Government to continue providing information on: (i) measures taken to encourage women to apply for posts in the public service, including high-ranking posts, under the “More young people and women in the administration” programme, or in any other way; and (ii) the effect of the law on parity on the employment of women in elected offices in public institutions, in particular statistical data on the evolution of the numbers of women in those offices. Moreover, in view of the low levels of women in employment, and the disproportionate impact on employment of women of the current world health crisis, the Committee again requests the Government to take the measures necessary to provide diversified vocational training of good quality for women, allowing access to more qualified and better paid formal employment and, more generally, to encourage women’s wage- or self-employment in all sectors of the economy, and their access to productive resources such as land or credit.
Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that under section 231.5 of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. That section also establishes “the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women”. The Committee notes the Government’s reply to its request, to the effect that Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women is still in force and that the Government will bring it into conformity with the provisions of the 2014 Labour Code. The Committee recalls that the principle of equality between men and women requires that measures of protection do not have the effect of excluding women from certain professions due to prejudices or stereotypes concerning their role, aptitudes and to what is “suitable to their nature”. The Committee underlines that, in its 2012 General Survey, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee also stresses that the list of types of work prohibited because they are likely to harm the reproductive capacity of women should be determined on the basis of the results of a study proving the presence of specific risks to the reproductive health of women and, as may be, of men. The Committee requests the Government to provide information on the revision of Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning employment of women and of pregnant women. It also requests the Government to: (i) indicate the criteria used to revise or establish the list of types of work prohibited to women on the grounds of their danger to reproductive health; and (ii) consider the possibility of amending section 231.5 of the Labour Code so that the provisions relative to protection of reproductive health also include men’s reproductive health within their scope and do not constitute an obstacle to women’s access to certain professions or sectors.
Prohibition of night work of women. In the absence of a reply from the Government in this regard, the Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. Civil service. In its previous comment, the Committee underlined that Act No. L/2014/072/CNT issuing the Labour Code of 2014 excludes public officials from its scope of application (section 2) and that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the Civil Servants Regulations only prohibits discrimination between officials on the basis of political, trade union, philosophical or religious views, and on the basis of sex or ethnic origin. The Committee has been underlining in its comments since 1990 that the legal protection of public officials is inadequate both regarding the grounds of discrimination, since it does not cover discrimination based on race, colour, national extraction and social origin, and regarding the scope of application, as recruitment is not covered. The Committee notes that the Government’s report contains no information concerning the protection of public officials from discrimination, and requests the Government to take the necessary steps, in the very near future, to amend section 11 of Act No. L/2001/028/AN issuing the Civil Servants Regulations, so as to ensure that civil servants and applicants to a post in the public service are effectively protected against any direct or indirect discrimination on the basis of at least the seven grounds of discrimination listed in Article 1(1)(a) of the Convention. The Government is requested to provide information on any measures taken in this regard and on any complaint mechanism enabling applicants for employment in the civil service to lodge an appeal if they consider that they have suffered discrimination during recruitment.
Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. In that regard, it notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which emphasize that “the number of cases of violence against women, particularly […] sexual violence, remains very high” (E/C.12/GIN/CO/1, 30 March 2020, paragraph 20). The Committee again requests the Government to take measures to: (i) prevent sexual harassment in employment and occupation, such as awareness-raising campaigns (for example, by radio or through other media) or reinforcing prevention activities by the labour inspectorate in this area; and (ii) inform workers, employers and their respective organizations of their rights and obligations in this area. It requests the Government to provide information on any measures adopted for this purpose. The Government is once again requested to consider whether complaint and appeal mechanisms established at the national and enterprise levels are sufficiently accessible to complainants and whether they allow perpetrators of sexual harassment to be sanctioned. The Government is requested to provide information, as the case may be, on results obtained and the follow-up measures envisaged.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 2 and 3 of the Convention. Formulation and implementation of a national equality policy. In its previous comment, the Committee requested the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee notes that in its report, the Government restricts itself to affirming the will of the President of Guinea to improve living and working conditions of women and young persons. The Committee recalls that the implementation of a national equality policy presupposes a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). In respect of anti-discrimination legislation, the Committee recalls that section 5 of the Labour Code prohibits discrimination on the basis of “sex, age, national extraction, race, religion, colour, political or religious beliefs, social origin, membership or not of a trade union, trade union activities and disability” – which goes beyond the list of grounds of discrimination set out in the Convention – while under section 3 of the same Code “The State ensures equality of opportunity and treatment of citizens in respect of access to occupational training and employment without regard to their origin, race, sex, religion or philosophy” – which is more restrictive that the Convention both in the grounds for discrimination and in the aspects of employment covered. To enhance the coherence and application of the legislation, the Committee requests the Government to take the measures necessary to align the scope of articles 3 and 5 of the Labour Code so that they cover the same grounds of discrimination and at least the seven grounds listed in the Convention – and all aspects of employment; that is, not only access to training and employment, but also employment conditions. The Committee further requests the Government to take the practical measures to promote equality both during recruitment and at work, for example by organizing activities to raise workers’ and employers’ and their organizations’ awareness of questions related to stereotypes and prejudices based on race, colour, religion, political opinion, national extraction or social origin and of ways of promoting and maintaining a working environment that favours equality of opportunity and treatment.
Article 2. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the “gender and equity units” and the “More young people and women in the administration” programme which, through training and awareness raising, have led to a higher number of women appointed to decision-making or high-ranking posts. It also notes the adoption in May 2019 of a law on parity, under which parity applies to any list of candidates in national and local elections, and also to elected offices within public institutions. With regard to the private sector, the Committee recalls that one of the objectives of the national gender policy is the promotion of gender equality in legal instruments and in access to and control of resources, the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women. However, the Government’s report contains no information in that respect, and the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights observes in its concluding observations that “Women and girls continue to face discrimination in relation to access to land ownership, employment and education, […]” and expresses concern “at the high rates of unemployment and underemployment, which disproportionately affect women […]” (E/C.12/GIN/CO/1, 30 March 2020, paragraphs 20(a) and 24). The Committee requests the Government to continue providing information on: (i) measures taken to encourage women to apply for posts in the public service, including high-ranking posts, under the “More young people and women in the administration” programme, or in any other way; and (ii) the effect of the law on parity on the employment of women in elected offices in public institutions, in particular statistical data on the evolution of the numbers of women in those offices. Moreover, in view of the low levels of women in employment, and the disproportionate impact on employment of women of the current world health crisis, the Committee again requests the Government to take the measures necessary to provide diversified vocational training of good quality for women, allowing access to more qualified and better paid formal employment and, more generally, to encourage women’s wage- or self-employment in all sectors of the economy, and their access to productive resources such as land or credit.
Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that under section 231.5 of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. That section also establishes “the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women”. The Committee notes the Government’s reply to its request, to the effect that Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women is still in force and that the Government will bring it into conformity with the provisions of the 2014 Labour Code. The Committee recalls that the principle of equality between men and women requires that measures of protection do not have the effect of excluding women from certain professions due to prejudices or stereotypes concerning their role, aptitudes and to what is “suitable to their nature”. The Committee underlines that, in its 2012 General Survey, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee also stresses that the list of types of work prohibited because they are likely to harm the reproductive capacity of women should be determined on the basis of the results of a study proving the presence of specific risks to the reproductive health of women and, as may be, of men. The Committee requests the Government to provide information on the revision of Order No. 1392/MASE/DNTLS/90 of 15 Mai 1990 concerning employment of women and of pregnant women. It also requests the Government to: (i) indicate the criteria used to revise or establish the list of types of work prohibited to women on the grounds of their danger to reproductive health; and (ii) consider the possibility of amending section 231.5 of the Labour Code so that the provisions relative to protection of reproductive health also include men’s reproductive health within their scope and do not constitute an obstacle to women’s access to certain professions or sectors.
Prohibition of night work of women. In the absence of a reply from the Government in this regard, the Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.

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

Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. Civil service. In its previous comment, the Committee underlined that Act No. L/2014/072/CNT issuing the Labour Code of 2014 excludes public officials from its scope of application (section 2) and that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the Civil Servants Regulations only prohibits discrimination between officials on the basis of political, trade union, philosophical or religious views, and on the basis of sex or ethnic origin. The Committee has been underlining in its comments since 1990 that the legal protection of public officials is inadequate both regarding the grounds of discrimination, since it does not cover discrimination based on race, colour, national extraction and social origin, and regarding the scope of application, as recruitment is not covered. The Committee notes that the Government’s report contains no information concerning the protection of public officials from discrimination, and requests the Government to take the necessary steps, in the very near future, to amend section 11 of Act No. L/2001/028/AN issuing the Civil Servants Regulations, so as to ensure that civil servants and applicants to a post in the public service are effectively protected against any direct or indirect discrimination on the basis of at least the seven grounds of discrimination listed in Article 1(1)(a) of the Convention. The Government is requested to provide information on any measures taken in this regard and on any complaint mechanism enabling applicants for employment in the civil service to lodge an appeal if they consider that they have suffered discrimination during recruitment.
Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment. In that regard, it notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which emphasize that “the number of cases of violence against women, particularly […] sexual violence, remains very high” (E/C.12/GIN/CO/1, 30 March 2020, paragraph 20). The Committee again requests the Government to take measures to: (i) prevent sexual harassment in employment and occupation, such as awareness-raising campaigns (for example, by radio or through other media) or reinforcing prevention activities by the labour inspectorate in this area; and (ii) inform workers, employers and their respective organizations of their rights and obligations in this area. It requests the Government to provide information on any measures adopted for this purpose. The Government is once again requested to consider whether complaint and appeal mechanisms established at the national and enterprise levels are sufficiently accessible to complainants and whether they allow perpetrators of sexual harassment to be sanctioned. The Government is requested to provide information, as the case may be, on results obtained and the follow-up measures envisaged.
The Committee is raising other matters in a request addressed directly to the Government.

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

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 2 of the Convention. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the setting up of “gender and equity units” run by women in all ministries and the implementation of the “More young people and women in the administration” programme. The Committee recalls its previous comments underlining the high illiteracy rate among women, the persistently low enrolment rate of girls at all levels of education, the very low percentage of women teachers, the burden of rules and customary practices in relation to the status of women, the persistence of sociocultural constraints, women’s limited access to resources and credit, and the concentration of women in the informal economy at the lowest levels. It also recalls that the objectives of the national gender policy adopted in 2011 included the promotion of gender equality in law and practice in legal instruments, access to and control of resources and the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women, by means of priority actions. The Committee requests the Government to continue providing information on the specific measures adopted as part of the national gender policy, or in any other appropriate framework, with a view to promoting equality between men and women in employment and occupation, on the specific activities of the “gender and equity units”, and on the results achieved in this regard. The Government is also requested to provide information on the results achieved in the context of the “More young people and women in the administration” programme, indicating the number of men and women admitted to the public service and the level of the posts to which they have been recruited.
Articles 2 and 3. Formulation of a national equality policy without discrimination on grounds other than sex. The Committee notes the Government’s reference to article 8 of the Constitution (equality of human beings before the law; equal rights for men and women; prohibition of discrimination on the basis of sex, origin, birth, race, ethnic extraction, language, and political, philosophical or religious beliefs or opinions) and to section 3 of the Labour Code (equality of opportunity and treatment irrespective of origin, race, sex, religion or philosophy). The Committee wishes to draw the Government’s attention, firstly, to the fact that section 3 of the Labour Code does not include all the grounds of discrimination in the Convention in respect of which the Government is obliged to implement a national equality policy under Article 2; secondly, to the fact that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). The Committee once again requests the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex specified in Article 1(1)(a) of the Convention (namely race, colour, religion, political opinion, national extraction or social origin).
Article 5. Restrictions on the employment of women. The Committee recalls that, under the terms of section 231(5) of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. The abovementioned section also establishes the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women. In its previous comments, the Committee emphasized that any protection measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also indicated that 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. The Government indicates in its report that it will take account of the Committee’s comments when drawing up the abovementioned ministerial orders. While noting this information, the Committee requests the Government to examine this question in the light of the principle of equality between men and women, taking account of improvements in working conditions, technological developments and changing mentalities, and to provide information on any regulations adopted in this respect. In this regard, the Committee also requests the Government to clarify whether Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the work of women and of pregnant women is still in force and whether it is planned to revise it or to adopt a new legislative text pursuant to section 231(5) of the Labour Code adopted in 2014.
Prohibition of night work of women. The Committee recalls that section 136(1) of the Labour Code prohibits night work by women in factories, manufacturing, mines and quarries, construction sites, workshops and their annexes, except in managerial posts or posts of a technical nature involving responsibility, or under specific conditions. The Committee notes the Government’s indication that the proposal to revise the prohibition of night work by women will be raised the next time that the Labour Code is revised. With regard to the prohibition of night work, the Committee once again refers the Government to its comments on the application of the Night Work (Women) Convention (Revised), 1948 (No. 89), and draws the Government’s attention to the provisions on this subject contained in the: (a) Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948; and (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding recommendations. The Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. Civil service. The Committee recalls that Act No. L/2014/072/CNT issuing the Labour Code of 2014 excludes public officials from its scope of application (section 2). It also recalls that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the Civil Servants Regulations only prohibits discrimination between officials on the basis of political, trade union, philosophical or religious views, and on the basis of sex or ethnic origin. Since 1990 the Committee has been underlining the fact that legal protection against discrimination for civil servants is inadequate since it does not cover all aspects of discrimination based on race, colour, national extraction and social origin, and that applicants for employment in the civil service are not covered by section 11 of the Civil Servants Regulations. Noting the Government’s indication in its report that the Committee’s request to amend the legal provisions concerning discrimination will be referred to the Ministry of the Civil Service, the Committee trusts that the Government will take the necessary steps in the very near future to amend section 11 of Act No. L/2001/028/AN issuing the Civil Servants Regulations, so as to ensure that civil servants and applicants for employment in the public service are afforded protection against any direct or indirect discrimination on the basis of at least all of the grounds of discrimination covered by Article 1(1)(a) of the Convention. The Government is requested to provide information on any measures taken in this regard and on any complaint mechanism enabling applicants for employment in the civil service to lodge an appeal if they consider that they have suffered discrimination at the time of recruitment.
Discrimination on the basis of sex. Sexual harassment. The Government indicates in its report that, despite the penalties established by law, victims of sexual harassment hardly ever file complaints for sexual harassment. Noting that the Government recognizes the existence of victims of sexual harassment, the Committee requests it to take measures to prevent sexual harassment in employment and occupation, for example, by launching awareness-raising campaigns (such as, on the radio or through other media) or reinforcing prevention activities by the labour inspectorate in this area, and also measures to inform workers, employers and their respective organizations of their rights and obligations in this area. The Government is also requested to consider whether complaint and appeal mechanisms at the national level and within enterprises are sufficiently accessible, impose adequate penalties and have the capacity to stop sexual harassment.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the setting up of “gender and equity units” run by women in all ministries and the implementation of the “More young people and women in the administration” programme. The Committee recalls its previous comments underlining the high illiteracy rate among women, the persistently low enrolment rate of girls at all levels of education, the very low percentage of women teachers, the burden of rules and customary practices in relation to the status of women, the persistence of sociocultural constraints, women’s limited access to resources and credit, and the concentration of women in the informal economy at the lowest levels. It also recalls that the objectives of the national gender policy adopted in 2011 included the promotion of gender equality in law and practice in legal instruments, access to and control of resources and the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women, by means of priority actions. The Committee requests the Government to continue providing information on the specific measures adopted as part of the national gender policy, or in any other appropriate framework, with a view to promoting equality between men and women in employment and occupation, on the specific activities of the “gender and equity units”, and on the results achieved in this regard. The Government is also requested to provide information on the results achieved in the context of the “More young people and women in the administration” programme, indicating the number of men and women admitted to the public service and the level of the posts to which they have been recruited.
Articles 2 and 3. Formulation of a national equality policy without discrimination on grounds other than sex. The Committee notes the Government’s reference to article 8 of the Constitution (equality of human beings before the law; equal rights for men and women; prohibition of discrimination on the basis of sex, origin, birth, race, ethnic extraction, language, and political, philosophical or religious beliefs or opinions) and to section 3 of the Labour Code (equality of opportunity and treatment irrespective of origin, race, sex, religion or philosophy). The Committee wishes to draw the Government’s attention, firstly, to the fact that section 3 of the Labour Code does not include all the grounds of discrimination in the Convention in respect of which the Government is obliged to implement a national equality policy under Article 2; secondly, to the fact that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). The Committee once again requests the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex specified in Article 1(1)(a) of the Convention (namely race, colour, religion, political opinion, national extraction or social origin).
Article 5. Restrictions on the employment of women. The Committee recalls that, under the terms of section 231(5) of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. The abovementioned section also establishes the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women. In its previous comments, the Committee emphasized that any protection measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also indicated that 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. The Government indicates in its report that it will take account of the Committee’s comments when drawing up the abovementioned ministerial orders. While noting this information, the Committee requests the Government to examine this question in the light of the principle of equality between men and women, taking account of improvements in working conditions, technological developments and changing mentalities, and to provide information on any regulations adopted in this respect. In this regard, the Committee also requests the Government to clarify whether Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the work of women and of pregnant women is still in force and whether it is planned to revise it or to adopt a new legislative text pursuant to section 231(5) of the Labour Code adopted in 2014.
Prohibition of night work of women. The Committee recalls that section 136(1) of the Labour Code prohibits night work by women in factories, manufacturing, mines and quarries, construction sites, workshops and their annexes, except in managerial posts or posts of a technical nature involving responsibility, or under specific conditions. The Committee notes the Government’s indication that the proposal to revise the prohibition of night work by women will be raised the next time that the Labour Code is revised. With regard to the prohibition of night work, the Committee once again refers the Government to its comments on the application of the Night Work (Women) Convention (Revised), 1948 (No. 89), and draws the Government’s attention to the provisions on this subject contained in the: (a) Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948; and (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding recommendations. The Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.

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

Article 1(1)(a) and (b) of the Convention. Anti-discrimination legislation. Civil service. The Committee recalls that Act No. L/2014/072/CNT issuing the Labour Code of 2014 excludes public officials from its scope of application (section 2). It also recalls that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the Civil Servants Regulations only prohibits discrimination between officials on the basis of political, trade union, philosophical or religious views, and on the basis of sex or ethnic origin. Since 1990 the Committee has been underlining the fact that legal protection against discrimination for civil servants is inadequate since it does not cover all aspects of discrimination based on race, colour, national extraction and social origin, and that applicants for employment in the civil service are not covered by section 11 of the Civil Servants Regulations. Noting the Government’s indication in its report that the Committee’s request to amend the legal provisions concerning discrimination will be referred to the Ministry of the Civil Service, the Committee trusts that the Government will take the necessary steps in the very near future to amend section 11 of Act No. L/2001/028/AN issuing the Civil Servants Regulations, so as to ensure that civil servants and applicants for employment in the public service are afforded protection against any direct or indirect discrimination on the basis of at least all of the grounds of discrimination covered by Article 1(1)(a) of the Convention. The Government is requested to provide information on any measures taken in this regard and on any complaint mechanism enabling applicants for employment in the civil service to lodge an appeal if they consider that they have suffered discrimination at the time of recruitment.
Discrimination on the basis of sex. Sexual harassment. The Government indicates in its report that, despite the penalties established by law, victims of sexual harassment hardly ever file complaints for sexual harassment. Noting that the Government recognizes the existence of victims of sexual harassment, the Committee requests it to take measures to prevent sexual harassment in employment and occupation, for example, by launching awareness-raising campaigns (such as, on the radio or through other media) or reinforcing prevention activities by the labour inspectorate in this area, and also measures to inform workers, employers and their respective organizations of their rights and obligations in this area. The Government is also requested to consider whether complaint and appeal mechanisms at the national level and within enterprises are sufficiently accessible, impose adequate penalties and have the capacity to stop sexual harassment.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. Indirect discrimination. The Committee notes that although the heading of section 5 of Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code, refers to discrimination in all its forms, the body of the provision appears to include only direct discrimination, that is, less favourable treatment explicitly or implicitly based on one or more prohibited grounds of discrimination. However, the Convention prohibits not only direct discrimination, but also indirect discrimination, that is situations, regulations or practices which are apparently neutral, but which in practice result in inequalities against persons with specific characteristics. The Committee also recalls that the Convention applies to situations of inequality in which there is no clearly identifiable person responsible. With a view to removing any ambiguity concerning the scope of application of section 5 of the Labour Code, the Committee requests the Government to clarify whether section 5 of the Labour Code covers both direct and indirect discrimination in employment and occupation.
Equality of opportunity and treatment between men and women in employment and occupation, including in respect of education and vocational training. Although aware of the public health difficulties with which the Government has recently been confronted and their impact on the normal operation of institutions, the Committee notes that the Government’s report does not contain any information in reply to its requests for information on the measures taken to promote equality of opportunity and treatment between men and women in employment and occupation, and particularly on the implementation of the National Gender Policy (PNG) adopted in January 2011. The Committee nevertheless welcomes the inclusion in the PNG document of an assessment of inequalities between men and women which shows, among other findings, a regression in the number of girls in technical education and vocational training, an illiteracy rate of 74 per cent for women (80 per cent in rural areas), a very low percentage of women teachers, the burden of rules and customary practices in relation to the status of women, the persistence of sociocultural constraints, the limited access to resources and credit, and the concentration of women in the informal economy at the lowest levels. It also notes that the PNG establishes policies and strategic objectives in relation to the Convention, such as the promotion of equality in law and practice between men and women in legal instruments, access to and control of resources and the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women, and that it outlines priority actions for their achievement. The establishment of coordination, dialogue and follow-up structures is also envisaged. The Committee further notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern regarding: the high rate of illiteracy among women; the continued low enrolment rate of girls at all levels of education due to stereotypes and cultural barriers hindering the access of women and girls to education; the high drop-out rates among girls from schools; the insufficient encouragement for women and girls to choose traditionally male-dominated fields of education and careers; the limited representation of women (10 per cent) in the economically active population in the formal economy, with most women being employed in the informal economy, without social benefits such as maternity leave; and the limited access of women to programmes for their empowerment (CEDAW/C/GIN/CO/7-8, 14 November 2014, paragraphs 42 and 46). The Committee once again requests the Government to provide information on the specific measures adopted within the context of the PNG, or in any other appropriate framework, with a view to promoting equality between men and women in employment and occupation, the effective establishment of structures for their implementation and the results achieved. Please also provide any statistical data available on the representation of men and women in the public and private sectors.
Articles 2 and 3. Formulation of a national policy of equality without distinction on grounds other than sex. Noting that the Government’s report does not contain information on this subject, the Committee once again requests the Government to provide information on any measure taken or envisaged to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination based on the grounds of discrimination other than sex, enumerated in Article 1(1)(a) of the Convention (namely race, colour, religion, political opinion, national extraction and social origin).
Article 5. Restrictions on the employment of women. The Committee notes that, under the terms of section 231(5) of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. It notes that this section also provides for the prohibition or the application of specific protection measures, for types of work likely to harm the reproductive capacity of women. With regard to protective measures for women, the Committee recalls that any protection measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also wishes to emphasize that 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. When adopting or revising the list of types of work prohibited for women, or the performance of which is subject to certain conditions, under the terms of section 231(5) of the Labour Code, the Committee requests the Government to examine this question in light of the principle of equality between men and women, taking into account the improvement of working conditions, technological developments and changing mentalities. The Committee requests the Government to provide information on any regulations adopted in this respect.
Prohibition of night work by women. The Committee notes that section 136(1) prohibits night work by women in factories, manufacturing, mining and quarries, worksites, workshops and their annexes, except in managerial posts or posts of a technical nature involving responsibility, or under specific conditions. With regard to the prohibition of night work, the Committee refers the Government to its comments on the application of the Night Work (Women) Convention (Revised), 1948 (No. 89), and draws the Government’s attention to the provisions on this subject contained in the: (a) Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948; and (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding recommendations. The Committee invites the Government to review, in consultation with the social partners, and particularly women workers, the prohibition of night work by women in light of the principle of equality between men and women and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to improve the reconciliation of work and family responsibilities.

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

The Committee recalls the adoption on 10 January 2014 of Act No. L/2014/072/CNT issuing the Labour Code, to which the Government refers in its brief report.
Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislative developments. Private sector. The Committee notes with interest that section 5 of the new Labour Code prohibits discrimination “in all its forms” and that this prohibition covers not only the seven grounds of discrimination enumerated in Article 1(1)(a) of the Convention, but also additional grounds of discrimination, as envisaged in Article 1(1)(b), namely: age; membership or not of a trade union; trade union activities; disability; and “real or supposed status of a person living with HIV”. The Committee requests the Government to provide information on the effect given in practice to section 5 of the Labour Code, including any decisions by the labour inspectorate or the courts relating to discrimination in employment and occupation.
Public service. The Committee notes that the Labour Code of 2014, in the same way as the former Labour Code of 1988, excludes public officials from its scope of application (section 2). The Committee recalls that it has been drawing the Government’s attention for over 25 years to the fact that, in view of this exclusion and the restrictive provisions of section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 establishing the general principles of the public service, public officials still do not benefit from protection in law against discrimination in employment and occupation, including during recruitment, on the basis of race, colour, national extraction, political opinion and social origin. In its previous comment, the Committee also emphasized that section 11 of Act No. L/2001/028/AN of 31 December 2001 issuing the general conditions of service of public officials, to which the Government referred in its previous report, does not cover all aspects of discrimination based on race, colour or national extraction, and particularly discrimination based on the social origin of a person. In order to ensure that public officials and applicants for employment in the public service are afforded protection against any direct or indirect discrimination on the basis of at least all of the grounds of discrimination covered by Article 1(1)(a) of the Convention, notably race, colour, sex, religion, political opinion, national extraction and social origin, the Committee once again requests the Government to take the necessary measures to amend section 11 of Act No. L/2001/028/AN issuing the general conditions of service of public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles of the public service, and to provide information on any measures taken for this purpose.
Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the inclusion in the 2014 Labour Code (sections 9 and 10) of provisions on quid pro quo sexual harassment and sexual harassment resulting from an intimidating, hostile or humiliating working environment (definition, protection of victims and witnesses against penalties and dismissal, reversal of the burden of proof, etc.). The Committee also welcomes the inclusion of provisions defining moral harassment at work (section 8) and violence at work (section 7). The Committee requests the Government to provide information on the effect given in practice to sections 9 and 10 of the Labour Code, with an indication of whether prosecutions have been initiated under these provisions and, where appropriate, the penalties imposed.
Article 1(2). Exceptions. Inherent requirements of a particular job. The Committee notes with interest that section 5 of the Labour Code provides that exceptions from the principle of non-discrimination shall be based on the inherent requirements of a particular job, as set out Article 1(2) of the Convention. Recalling that this exception must be interpreted in a restrictive manner so as to avoid any undue restriction on the protection afforded by the Convention, the Committee requests the Government to provide information on the application of the provisions of section 5 by the labour inspectorate and the courts.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Article 1 of the Convention. Restrictions on employment for women. The Committee recalls that, in order to be compatible with the principle of equality, any protection measure applicable to women’s employment must be strictly limited to maternity protection. Moreover, the objective of provisions relating to the protection of persons working under dangerous or difficult conditions should be to protect the health and safety of both men and women at work, while taking account of gender differences as regards specific risks to health. The Committee requests the Government to supply information on any legislative or regulatory measure specifically concerning employment for women.
Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the statistical information communicated by the Government and notes that in 2012 women represent 27.88 per cent of total staff in the public service and only 16.29 per cent of the highest (category A) managerial posts are occupied by women. It also notes that, according to the study entitled “Poverty and inequalities in Guinea from 1994 to 2012”, published in July 2012 by the National Institute for Statistics, discrimination suffered by women in the labour market results in households headed by women being more vulnerable to poverty. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the high unemployment rate among women, particularly due to downsizing in the civil service, at occupational segregation and the concentration of women in low-paid and unskilled jobs, and at the over-representation of women in the non-structured sector, which does not provide any social protection (CEDAW/C/GIN/CO/6, 10 August 2007, paragraph 36). The Government indicates that the country has adopted a national policy framework document for the promotion of employment for development and poverty reduction, combined with an action plan, which aims in particular to improve access to employment for women, that a “gender and equity” division has been created within the Ministry of Social Affairs and that “gender and equity” units have been established in all ministerial departments. Moreover, the poverty reduction strategy paper (PRSP) 2011–12, which was recently adopted, establishes areas for priority action with a view to promoting equality for men and women and promoting the gender dimension in employment, and provides in particular for strengthening existing legislative and institutional frameworks in order to promote gender equality and boost women’s financial independence (micro-credit). Finally, the Committee notes that a national gender policy was formulated in 2011. Noting the Government’s efforts to adopt a strategic action framework for promoting equality of opportunity and treatment for men and women in employment and occupation, the Committee requests the Government to provide information on the specific measures taken in this context and also on the results achieved. It also requests the Government to send a copy of the national gender policy or detailed information on measures aimed at promoting gender equality in employment and occupation as provided for by this policy. Please also provide any available statistical information on the representation of men and women in the public and private sectors.
Equality of opportunity and treatment between men and women in education and vocational training. The Committee notes that, according to the abovementioned study of the National Institute of Statistics, although the school enrolment rate is 57.1 per cent for girls and 61.8 per cent for boys between 7 and 12 years of age, the figure drops to 31 per cent for girls and 44.7 per cent for boys between 13 and 19 years of age. According to the study, the enrolment rate is lower for young girls, who are likely to leave the education system prematurely. Moreover, the Committee notes that the rate of illiteracy for adults (65.22 per cent) highlights a major gap between the sexes (74 per cent for women compared with 55.14 per cent for men). The Committee notes that the PRSP provides for the development of education and literacy programmes and that the Five-Year Socio-Economic Development Plan 2011–15, adopted in December 2011 by the Ministry of Planning, establishes a comprehensive public literacy strategy, especially for women and girls, through the formulation of programmes and the setting of specific targets. The Committee requests the Government to provide information on the implementation of the measures established by the PRSP, the Five-Year Socio Economic Development Plan 2011–15 and the national gender policy aimed at improving access for girls and women to education and vocational training, especially in traditionally “male” sectors, and on the measures aimed at maintaining their attendance in school or in training institutes. The Committee also requests the Government to provide a copy of the statistical data relating to access for women and girls to general education, which are indicated as being attached to the report but which has not been received by the Office.
Articles 2 and 3. Formulation of a national equality policy on the basis of grounds other than sex. The Committee requests the Government to provide information on any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the basis of the grounds other than sex listed in Article 1(1)(a) of the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.
The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.
Article 1 of the Convention. Prohibited grounds of discrimination. Public service. The Committee recalls the comments which it has being making for more than 20 years, in which it underlines the need to amend section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 concerning the general principles of the public service, which prohibit discrimination only on the basis of philosophical or religious views and on the basis of sex, so as to ensure that officials enjoy protection against discrimination on the basis of at least all the criteria set forth in Article 1(1)(a) of the Convention. The Committee notes the Government’s reference in its report to section 11 of Act No. L/2001/028/AN of 31 December 2001 establishing general regulations for public officials, which states that no distinction may be made among officials on account of their political, trade union, philosophical or religious opinions, or on the basis of their sex or ethnic origin. The Government adds that it considers that section 11 of the general regulations for public officials takes account of Article 1(1)(a) of the Convention. However, the Committee notes the Government’s indication that it has also duly noted the Committee’s observations concerning section 20 of Ordinance No. 017/PRG/SGG and that it will take the necessary steps to amend this section.
The Committee recalls that, even though discrimination against an ethnic group indeed constitutes racial discrimination within the meaning of the Convention, it nevertheless wishes to emphasize that discrimination on the basis of ethnic origin does not cover all aspects of discrimination on the basis of race, colour, or national extraction and, even less so, of discrimination on the basis of social origin. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and that social origin refers to an individual’s membership of a social class, socio-occupational category or a caste, such membership being likely to determine his or her occupational future. In order to ensure that officials and candidates for employment in the public service are afforded protection against all direct or indirect discrimination on the basis of at least all the grounds of discrimination referred to in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, the Committee requests the Government to take the necessary steps to amend the provisions of section 11 of Act No. L/2001/028/AN establishing the general regulations for public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles for the public service, and to supply information on any measures taken towards this end. Pending these amendments and in the absence of legislative provisions to this effect, the Committee requests the Government to indicate the manner in which officials and candidates for employment in the public service are protected against discrimination on the basis of race, colour, national extraction or social origin, indicating in particular whether, and how, cases of discrimination on the basis of the aforementioned grounds have already been dealt with by the competent authorities.
The Committee recalls that it raised other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Legislative developments. The Committee notes that the draft Labour Code is awaiting submission to the future National Assembly for adoption. The Committee trusts that the new Labour Code will contain provisions prohibiting direct or indirect discrimination, with respect to all workers, on the basis of at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, at all stages of employment and occupation, and requests the Government to provide information on the provisions adopted in this respect.
Article 1 of the Convention. Restrictions on employment for women. The Committee notes that the current Labour Code contains provisions the purpose of which is to restrict women’s access to certain types of work (sections 148 and 186). As regards protection measures relating to women, the Committee would remind the Government that, in order to be compatible with the principle of equality, any protection measure applicable to women’s employment must be strictly limited to maternity protection. Moreover, the objective of provisions relating to the protection of persons working under dangerous or difficult conditions should be to protect the health and safety of both men and women at work, while taking account of gender differences as regards specific risks to health. The Committee therefore hopes that the provisions of the new Labour Code concerning women’s employment will be in conformity with the principle of gender equality and that protection measures regarding women will be limited to maternity protection, and requests the Government to supply information on any legislative or regulatory measure specifically concerning employment for women.
Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the statistical information communicated by the Government and notes that in 2012 women represent 27.88 per cent of total staff in the public service and only 16.29 per cent of the highest (category A) managerial posts are occupied by women. It also notes that, according to the study entitled “Poverty and inequalities in Guinea from 1994 to 2012”, published in July 2012 by the National Institute for Statistics, discrimination suffered by women in the labour market results in households headed by women being more vulnerable to poverty. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the high unemployment rate among women, particularly due to downsizing in the civil service, at occupational segregation and the concentration of women in low-paid and unskilled jobs, and at the over-representation of women in the non-structured sector, which does not provide any social protection (CEDAW/C/GIN/CO/6, 10 August 2007, paragraph 36). The Government indicates that the country has adopted a national policy framework document for the promotion of employment for development and poverty reduction, combined with an action plan, which aims in particular to improve access to employment for women, that a “gender and equity” division has been created within the Ministry of Social Affairs and that “gender and equity” units have been established in all ministerial departments. Moreover, the poverty reduction strategy paper (PRSP) 2011–12, which was recently adopted, establishes areas for priority action with a view to promoting equality for men and women and promoting the gender dimension in employment, and provides in particular for strengthening existing legislative and institutional frameworks in order to promote gender equality and boost women’s financial independence (micro-credit). Finally, the Committee notes that a national gender policy was formulated in 2011. Noting the Government’s efforts to adopt a strategic action framework for promoting equality of opportunity and treatment for men and women in employment and occupation, the Committee requests the Government to provide information on the specific measures taken in this context and also on the results achieved. It also requests the Government to send a copy of the national gender policy or detailed information on measures aimed at promoting gender equality in employment and occupation as provided for by this policy. Please also provide any available statistical information on the representation of men and women in the public and private sectors.
Equality of opportunity and treatment between men and women in education and vocational training. The Committee notes that, according to the abovementioned study of the National Institute of Statistics, although the school enrolment rate is 57.1 per cent for girls and 61.8 per cent for boys between 7 and 12 years of age, the figure drops to 31 per cent for girls and 44.7 per cent for boys between 13 and 19 years of age. According to the study, the enrolment rate is lower for young girls, who are likely to leave the education system prematurely. Moreover, the Committee notes that the rate of illiteracy for adults (65.22 per cent) highlights a major gap between the sexes (74 per cent for women compared with 55.14 per cent for men). The Committee notes that the PRSP provides for the development of education and literacy programmes and that the Five-Year Socio-Economic Development Plan 2011–15, adopted in December 2011 by the Ministry of Planning, establishes a comprehensive public literacy strategy, especially for women and girls, through the formulation of programmes and the setting of specific targets. The Committee requests the Government to provide information on the implementation of the measures established by the PRSP, the Five-Year Socio Economic Development Plan 2011–15 and the national gender policy aimed at improving access for girls and women to education and vocational training, especially in traditionally “male” sectors, and on the measures aimed at maintaining their attendance in school or in training institutes. The Committee also requests the Government to provide a copy of the statistical data relating to access for women and girls to general education, which are indicated as being attached to the report but which has not been received by the Office.
Articles 2 and 3. Formulation of a national equality policy on the basis of grounds other than sex. The Committee requests the Government to provide information on any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the basis of the grounds other than sex listed in Article 1(1)(a) of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Repetition
Article 1 of the Convention. Prohibited grounds of discrimination. Public service. The Committee recalls the comments which it has being making for more than 20 years, in which it underlines the need to amend section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 concerning the general principles of the public service, which prohibit discrimination only on the basis of philosophical or religious views and on the basis of sex, so as to ensure that officials enjoy protection against discrimination on the basis of at least all the criteria set forth in Article 1(1)(a) of the Convention. The Committee notes the Government’s reference in its report to section 11 of Act No. L/2001/028/AN of 31 December 2001 establishing general regulations for public officials, which states that no distinction may be made among officials on account of their political, trade union, philosophical or religious opinions, or on the basis of their sex or ethnic origin. The Government adds that it considers that section 11 of the general regulations for public officials takes account of Article 1(1)(a) of the Convention. However, the Committee notes the Government’s indication that it has also duly noted the Committee’s observations concerning section 20 of Ordinance No. 017/PRG/SGG and that it will take the necessary steps to amend this section.
The Committee recalls that, even though discrimination against an ethnic group indeed constitutes racial discrimination within the meaning of the Convention, it nevertheless wishes to emphasize that discrimination on the basis of ethnic origin does not cover all aspects of discrimination on the basis of race, colour, or national extraction and, even less so, of discrimination on the basis of social origin. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and that social origin refers to an individual’s membership of a social class, socio-occupational category or a caste, such membership being likely to determine his or her occupational future. In order to ensure that officials and candidates for employment in the public service are afforded protection against all direct or indirect discrimination on the basis of at least all the grounds of discrimination referred to in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, the Committee requests the Government to take the necessary steps to amend the provisions of section 11 of Act No. L/2001/028/AN establishing the general regulations for public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles for the public service, and to supply information on any measures taken towards this end. Pending these amendments and in the absence of legislative provisions to this effect, the Committee requests the Government to indicate the manner in which officials and candidates for employment in the public service are protected against discrimination on the basis of race, colour, national extraction or social origin, indicating in particular whether, and how, cases of discrimination on the basis of the aforementioned grounds have already been dealt with by the competent authorities.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislative developments. The Committee notes that the draft Labour Code is awaiting submission to the future National Assembly for adoption. The Committee trusts that the new Labour Code will contain provisions prohibiting direct or indirect discrimination, with respect to all workers, on the basis of at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, at all stages of employment and occupation, and requests the Government to provide information on the provisions adopted in this respect.
Article 1 of the Convention. Restrictions on employment for women. The Committee notes that the current Labour Code contains provisions the purpose of which is to restrict women’s access to certain types of work (sections 148 and 186). As regards protection measures relating to women, the Committee would remind the Government that, in order to be compatible with the principle of equality, any protection measure applicable to women’s employment must be strictly limited to maternity protection. Moreover, the objective of provisions relating to the protection of persons working under dangerous or difficult conditions should be to protect the health and safety of both men and women at work, while taking account of gender differences as regards specific risks to health. The Committee therefore hopes that the provisions of the new Labour Code concerning women’s employment will be in conformity with the principle of gender equality and that protection measures regarding women will be limited to maternity protection, and requests the Government to supply information on any legislative or regulatory measure specifically concerning employment for women.
Equality of opportunity and treatment for men and women in employment and occupation. The Committee welcomes the statistical information communicated by the Government and notes that in 2012 women represent 27.88 per cent of total staff in the public service and only 16.29 per cent of the highest (category A) managerial posts are occupied by women. It also notes that, according to the study entitled “Poverty and inequalities in Guinea from 1994 to 2012”, published in July 2012 by the National Institute for Statistics, discrimination suffered by women in the labour market results in households headed by women being more vulnerable to poverty. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the high unemployment rate among women, particularly due to downsizing in the civil service, at occupational segregation and the concentration of women in low-paid and unskilled jobs, and at the over-representation of women in the non-structured sector, which does not provide any social protection (CEDAW/C/GIN/CO/6, 10 August 2007, paragraph 36). The Government indicates that the country has adopted a national policy framework document for the promotion of employment for development and poverty reduction, combined with an action plan, which aims in particular to improve access to employment for women, that a “gender and equity” division has been created within the Ministry of Social Affairs and that “gender and equity” units have been established in all ministerial departments. Moreover, the poverty reduction strategy paper (PRSP) 2011–12, which was recently adopted, establishes areas for priority action with a view to promoting equality for men and women and promoting the gender dimension in employment, and provides in particular for strengthening existing legislative and institutional frameworks in order to promote gender equality and boost women’s financial independence (micro-credit). Finally, the Committee notes that a national gender policy was formulated in 2011. Noting the Government’s efforts to adopt a strategic action framework for promoting equality of opportunity and treatment for men and women in employment and occupation, the Committee requests the Government to provide information on the specific measures taken in this context and also on the results achieved. It also requests the Government to send a copy of the national gender policy or detailed information on measures aimed at promoting gender equality in employment and occupation as provided for by this policy. Please also provide any available statistical information on the representation of men and women in the public and private sectors.
Equality of opportunity and treatment between men and women in education and vocational training. The Committee notes that, according to the abovementioned study of the National Institute of Statistics, although the school enrolment rate is 57.1 per cent for girls and 61.8 per cent for boys between 7 and 12 years of age, the figure drops to 31 per cent for girls and 44.7 per cent for boys between 13 and 19 years of age. According to the study, the enrolment rate is lower for young girls, who are likely to leave the education system prematurely. Moreover, the Committee notes that the rate of illiteracy for adults (65.22 per cent) highlights a major gap between the sexes (74 per cent for women compared with 55.14 per cent for men). The Committee notes that the PRSP provides for the development of education and literacy programmes and that the Five-Year Socio Economic Development Plan 2011–15, adopted in December 2011 by the Ministry of Planning, establishes a comprehensive public literacy strategy, especially for women and girls, through the formulation of programmes and the setting of specific targets. The Committee requests the Government to provide information on the implementation of the measures established by the PRSP, the Five-Year Socio-Economic Development Plan 2011–15 and the national gender policy aimed at improving access for girls and women to education and vocational training, especially in traditionally “male” sectors, and on the measures aimed at maintaining their attendance in school or in training institutes. The Committee also requests the Government to provide a copy of the statistical data relating to access for women and girls to general education, which are indicated as being attached to the report but which has not been received by the Office.
Articles 2 and 3. Formulation of a national equality policy on the basis of grounds other than sex. The Committee requests the Government to provide information on any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the basis of the grounds other than sex listed in Article 1(1)(a) of the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Prohibited grounds of discrimination. Public service. The Committee recalls the comments which it has being making for more than 20 years, in which it underlines the need to amend section 20 of Ordinance No. 017/PRG/SGG of 23 February 1987 concerning the general principles of the public service, which prohibit discrimination only on the basis of philosophical or religious views and on the basis of sex, so as to ensure that officials enjoy protection against discrimination on the basis of at least all the criteria set forth in Article 1(1)(a) of the Convention. The Committee notes the Government’s reference in its report to section 11 of Act No. L/2001/028/AN of 31 December 2001 establishing general regulations for public officials, which states that no distinction may be made among officials on account of their political, trade union, philosophical or religious opinions, or on the basis of their sex or ethnic origin. The Government adds that it considers that section 11 of the general regulations for public officials takes account of Article 1(1)(a) of the Convention. However, the Committee notes the Government’s indication that it has also duly noted the Committee’s observations concerning section 20 of Ordinance No. 017/PRG/SGG and that it will take the necessary steps to amend this section.
The Committee recalls that, even though discrimination against an ethnic group indeed constitutes racial discrimination within the meaning of the Convention, it nevertheless wishes to emphasize that discrimination on the basis of ethnic origin does not cover all aspects of discrimination on the basis of race, colour, or national extraction and, even less so, of discrimination on the basis of social origin. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and that social origin refers to an individual’s membership of a social class, socio-occupational category or a caste, such membership being likely to determine his or her occupational future. In order to ensure that officials and candidates for employment in the public service are afforded protection against all direct or indirect discrimination on the basis of at least all the grounds of discrimination referred to in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, the Committee requests the Government to take the necessary steps to amend the provisions of section 11 of Act No. L/2001/028/AN establishing the general regulations for public officials and section 20 of Ordinance No. 017/PRG/SGG establishing the general principles for the public service, and to supply information on any measures taken towards this end. Pending these amendments and in the absence of legislative provisions to this effect, the Committee requests the Government to indicate the manner in which officials and candidates for employment in the public service are protected against discrimination on the basis of race, colour, national extraction or social origin, indicating in particular whether, and how, cases of discrimination on the basis of the aforementioned grounds have already been dealt with by the competent authorities.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.
In its previous comments, the Committee had asked the Government to supply with its next report:
  • (a) statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and
  • (b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.
The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.
The Government is requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.
In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.
The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.
The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 1 of the Convention. Prohibition of discrimination. The Committee recalls its previous comments regarding section 20 of the Order of 5 March 1987 on the general principles of the public service, which prohibits discrimination only on the basis of philosophical or religious views and sex. Recalling that where legal provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention, the Committee asks the Government to amend section 20 and to indicate the steps taken in this regard.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

In its previous comments, the Committee had asked the Government to supply with its next report:

(a)   statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)   the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that “discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls” (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls its previous comments regarding section 20 of the Order of 5 March 1987 on the general principles of the public service, which prohibits discrimination only on the basis of philosophical or religious views and sex. Recalling that where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention, the Committee asks the Government to amend section 20 and to indicate the steps taken in this regard.

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

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

In its previous comments, the Committee had asked the Government to supply with its next report:

(a)   statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)    the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that “discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls” (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Prohibition of discrimination. The Committee notes with regret that the Government’s report has not been received. It recalls its previous comments regarding section 20 of the Order of 5 March 1987 on the general principles of the public service, which prohibits discrimination only on the basis of philosophical or religious views and sex. Recalling that where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention, the Committee asks the Government to amend section 20 and to indicate the steps taken in this regard.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)   statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)    the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

3. The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

4. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that “discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls” (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

5. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

6. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

7. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Recalling its 2002 observation, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

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

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)   statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)    the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

3. The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

4. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that “discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls” (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

5. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

6. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

7. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Recalling its 2002 observation, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future. The Committee requests the Government to keep it informed of any progress made in this regard.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret the Government’s report contains no reply to previous comments. It hopes that the next report will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)  statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)  the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

3. The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

4. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

5. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

6. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

7. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report is identical to the report previously submitted and contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. Recalling its 2002 observation, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future. The Committee requests the Government to keep it informed of any progress made in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)  statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)  the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

3. The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

4. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

5. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

6. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

7. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1 of the Convention. The Committee notes that the Government’s report has not been received. Recalling its 2002 observation, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report is substantially identical to its previous report, of 2000, and contains no replies to its previous direct request. Accordingly, the Committee must therefore repeat its previous direct request, which reads as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)  statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)  the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

3. The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

4. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

5. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

6. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

7. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)  statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)  the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

3. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic, Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

4. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

5. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

6. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information contained in the Government’s report. Referring to its previous comments concerning the public service, the Committee notes that the Government repeats the indication contained in earlier reports that the Civil Service Act is still in the process of being revised. In this regard, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        1. Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

        2. In its previous comments, the Committee had asked the Government to supply with its next report:

(a)   statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)   the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

        The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

        3. In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic, Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

        4. In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On-the-Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

        5. The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

        6. The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        The Committee notes the information contained in the Government’s report. Referring to its previous comments concerning the public service, the Committee notes that the Government repeats the indication contained in earlier reports that the Civil Service Act is still in the process of being revised. In this regard, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

        The Committee is addressing a request directly to the Government on other points.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Referring to its previous observations requesting detailed information on the progress made in bringing Guinea’s domestic legislation into harmony with the 1990 Constitution as well as with the Convention, the Committee notes from the Government’s report that the Guinean Labour Code is being revised to bring it into conformity with the provisions of the Convention. The Committee urges the Government to take the necessary steps to amend its legislation in the very near future and repeats its request that the Government supply copies of the codes (including the Labour Code), decrees, orders and decisions that are revised, once the amendments are approved.

2.  In its previous comments, the Committee had asked the Government to supply with its next report:

(a)  statistics on the distribution of men and women at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented; and

(b)  the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under‑represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men predominate.

The Committee notes the Government’s indication that there is a lack of reliable statistics or badly maintained statistics in different sectors in Guinea, a situation that the Government attributes to lack of resources. It must observe that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality of opportunity and treatment. In this regard, the Committee reminds the Government that the Office remains available to provide technical assistance upon request to enable the Government to develop its capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention.

3.  In respect of the situation of women and girls in Guinea, the Committee notes the comments made by the United Nations Committee on Economic, Social and Cultural Rights in 1996 that "discrimination against women is on the rise, which is apparent from the adult illiteracy rate, access to education and the school drop-out rate among girls" (E/C.12/1/Add.5, 28 May 1996, paragraph 23). The Committee points out that equality of opportunity and treatment in employment and occupation includes equality in access to vocational training under Article 1(3) of the Convention and is linked to equality in access to general education. Accordingly, the institution of compulsory and free primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. The Government is therefore requested to supply detailed information, including statistical data, on all measures taken to secure equal access to and participation in general education for women and girls and vocational training for women.

4.  In respect of Article 3 of the Convention, the report refers to the establishment and operation of the Guinean Agency for Employment Promotion (AGUIPE) and the tripartite National Office of Vocational Training and On‑the‑Job Training (ONFPP). The Committee would be grateful if the Government could provide information on the activities of the AGUIPE and ONFPP relevant to the application of the national policy of non-discrimination.

5.  The Committee notes from the Government’s report that the national employment policy is still being studied. Noting the importance of incorporating the principle of non-discrimination in the policy and the targeting of particular groups for special employment initiatives, the Committee requests the Government to supply to the Office a final text of the policy once it is approved.

6.  The Committee notes from the Government’s report that the Decree of 23 August 1994, which established the Ministry of Labour, Social Affairs and Employment, has been repealed. The Government indicates that Decree No. D/97/077/PRG/SGG of 5 May 1997 established the organizational structure of the Ministry of Employment and of the Public Administration and, inter alia, placed the General Labour Inspectorate under the administration of the Ministry. The Committee again requests the Government to please supply detailed information on the supervisory activities of the labour inspection services in the application of the principle of non-discrimination set forth in the Convention and the results obtained, including the number of violations registered and the action taken.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s report. Referring to its previous comments concerning the public service, the Committee notes that the Government repeats the indication contained in earlier reports that the Civil Service Act is still in the process of being revised. In this regard, the Committee once again expresses the hope that the Government will amend section 20 of the Order of 5 March 1987 on the general principles of the public service (which prohibits discrimination only on the basis of philosophical or religious views and sex). The Committee recalls that, where provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention.

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

3.  The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the Government's brief report does no more than repeat the information given for a number of years. It therefore trusts that the Government will provide with the next report more detailed information on the progress made in bringing its national legislation into conformity with the 1990 Constitution and the Convention and that it will send copies of the codes, decrees, orders, decisions and collective agreements which are being prepared or revised once they have been adopted. 2. With regard to the public service in particular, the Committee notes that the Government repeats its previous statement that the public service regulations are still being harmonized with the new Constitution and the Convention. The Committee reiterates the hope that the Government will take into account its previous comments concerning amendment of section 20 of the Ordinance of 5 March 1987 on the general principles of the public service (which excludes discrimination only the basis of philosophical or religious views and of sex) and the inclusion in the new revised regulations of all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. In this respect, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. (...)

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

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the Government's brief report does no more than repeat the information given for a number of years. It therefore trusts that the Government will provide with the next report more detailed information on the progress made in bringing its national legislation into conformity with the 1990 Constitution and the Convention and that it will send copies of the codes, decrees, orders, decisions and collective agreements which are being prepared or revised once they have been adopted. 2. With regard to the public service in particular, the Committee notes that the Government repeats its previous statement that the public service regulations are still being harmonized with the new Constitution and the Convention. The Committee reiterates the hope that the Government will take into account its previous comments concerning amendment of section 20 of the Ordinance of 5 March 1987 on the general principles of the public service (which excludes discrimination only the basis of philosophical or religious views and of sex) and the inclusion in the new revised regulations of all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. In this respect, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. 3. The Committee is addressing a request directly to the Government on other points.

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the Government's brief report does no more than repeat the information given for a number of years. It therefore trusts that the Government will provide with the next report more detailed information on the progress made in bringing its national legislation into conformity with the 1990 Constitution and the Convention and that it will send copies of the codes, decrees, orders, decisions and collective agreements which are being prepared or revised once they have been adopted. 2. With regard to the public service in particular, the Committee notes that the Government repeats its previous statement that the public service regulations are still being harmonized with the new Constitution and the Convention. The Committee reiterates the hope that the Government will take into account its previous comments concerning amendment of section 20 of the Ordinance of 5 March 1987 on the general principles of the public service (which excludes discrimination only the basis of philosophical or religious views and of sex) and the inclusion in the new revised regulations of all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. In this respect, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. 3. The Committee is addressing a request directly to the Government on other points.

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on Equality in Employment and Occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the Government's brief report does no more than repeat the information given in the previous report and contains no reply to the comments it has been making for a number of years. It therefore trusts that the Government will provide with the next report more detailed information on the progress made in bringing its national legislation into conformity with the 1990 Constitution and the Convention and that it will send copies of the codes, decrees, orders, decisions and collective agreements which are being prepared or revised once they have been adopted.

2. With regard to the public service in particular, the Committee notes that the Government repeats its previous statement that the public service regulations are still being harmonized with the new Constitution and the Convention. The Committee reiterates the hope that the Government will take into account its previous comments concerning amendment of section 20 of the Ordinance of 5 March 1987 on the general principles of the public service (which excludes discrimination only on the basis of philosophical or religious views and of sex) and the inclusion in the new revised regulations of all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. In this respect, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

3. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report, particularly as regards the distribution of men and women in positions of responsibility in public employment.

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on Equality in Employment and Occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government refers to sections 8 and 18 of the Fundamental Act of 1990, which guarantee equality for all under the law without discrimination on grounds which include sex, birth, race, ethnic origin, political and religious opinion, and it states that there are no training programmes specific to citizens of one sex (men or women). The Committee draws the Government's attention to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it describes the concept of "positive action programme" which encompasses any measure designed to eliminate and make good any de facto inequalities in training and employment which affect opportunities, particularly of women, with the aim of enabling them to participate in all sectors of activity and occupations (including activities which are traditionally reserved for men) at all levels of responsibility.

In the light of the explanations provided in the above-mentioned General Survey, particularly in the paragraphs concerning positive measures (paragraphs 247 and 248), in which emphasis is placed on the danger of the persistence of de facto discrimination and the need for detailed information as a basis for remedying the discrimination, the Committee requests the Government, as it has in its previous direct requests for a number of years, to supply with its next report:

(a) statistics on the distribution of women and men at various levels of responsibility in the public service as a whole and in enterprises employing a large number of women, and on the proportion of girls and boys in the education system, particularly in scientific and technical subjects and vocational training centres, where girls are generally under-represented;

(b) the positive measures which have been taken or are envisaged to facilitate and encourage the access of women to qualifications in which they are under-represented and to promote the diversification of jobs held by women, particularly in trades or positions in which men are predominant.

2. The Committee notes that by virtue of the Decree of 23 August 1994, the labour administration services which come under the responsibility of the Ministry of Labour, Social Affairs and Employment, the National Employment and Manpower Office and the National Vocational Training and Further Training Office, are an integral part of the labour administration. The Committee would be grateful to be provided with detailed information on the means used by the above two offices to promote equality of opportunity and treatment in vocational training, vocational guidance and placement. Please also supply detailed information on the supervisory activities of the labour inspection services for the application of the principle set out in the Convention and the results obtained, including any offences reported and the measures taken to remedy them.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest the Government's statement in reply to its previous observations that all the usual codes and other texts (decrees, orders, decisions, collective agreements) are currently being examined with a view to their harmonization with the Fundamental Act of 23 December 1990 and ratified international instruments. It adds that the new public service regulations are currently being finalized with a view to the harmonization of the former provisions with those adopted recently since the political changes in April 1984. The Committee would be grateful if the Government would supply detailed information in its next report on the progress achieved in this regard and if it would provide the text of the codes, decrees, orders, decisions and collective agreements which are currently being harmonized with the Fundamental Act and the Convention, as soon as they have been adopted, and in particular the new text governing the public service which, it appears, will amend Ordinance No. 017/PRG/SGG of 5 March 1987.

2. The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest the Government's statement in reply to its previous observations that all the usual codes and other texts (decrees, orders, decisions, collective agreements) are currently being examined with a view to their harmonization with the Fundamental Act of 23 December 1990 and ratified international instruments. It adds that the new public service regulations are currently being finalized with a view to the harmonization of the former provisions with those adopted recently since the political changes in April 1984. The Committee would be grateful if the Government would supply detailed information in its next report on the progress achieved in this regard and if it would provide the text of the codes, decrees, orders, decisions and collective agreements which are currently being harmonized with the Fundamental Act and the Convention, as soon as they have been adopted, and in particular the new text governing the public service which, it appears, will amend Ordinance No. 017/PRG/SGG of 5 March 1987. 2. The Committee is addressing a request directly to the Government on other points.

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

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee takes note of the Government's report.

1. The Committee notes the Government's statement that in Guinea no distinction is made between men and women as regards access to training, access to employment and in conditions of employment, and that the statistics reflecting the practical application of the policy of equal opportunity and treatment in respect of access to training and employment and conditions of employment are not available at present because the machinery for their compilation is beset by serious logistical and material difficulties. The Committee hopes that the Government will endeavour to compile and analyse such data in order to obtain accurate information on the nature and extent of existing inequalities in training and employment and to prepare measures to eliminate them. The Committee would be grateful if, in its next report, the Government would indicate the steps taken to this end and any results obtained.

2. The Committee notes that the report contains no reply to points 2 and 3 of its previous direct request and hopes that the Government will provide the necessary information on the following points in its next report:

(a) The Committee noted that, in the context of the Government's vocational training policy, the vast programme for the identification of undertakings that take employment opportunities into account is at the stage of processing the data collected. It again expresses the hope that in its next report the Government will be able to indicate the results obtained through the implementation of the policy, specifying in particular the measures taken or contemplated to facilitate women's access to training and employment.

(b) Noting that under section 21 of the Fundamental Act of 1990 the State guarantees equal access to public posts, the Committee asks the Government to indicate the measures taken to implement this policy.

3. In reply to the Committee's request for a copy of the two decrees concerning the Ministry of Social Affairs and Employment, the Government states that this department was abolished following the last Cabinet reshuffle on 6 February 1992. Please indicate the government bodies responsible for employment offers and vocational training and describe their activities relating to the application of the principle of non-discrimination in employment and occupation.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the Government's statement in reply to its previous observation according to which the Government is taking measures to bring the provisions of Ordinance No. 017/PRG/SGG of 5 March 1987 respecting the general principles of the public service, into conformity with the Fundamental Act of 23 December 1990 and that all laws and regulations which are contrary to the Fundamental Act are to be amended.

In this connection, the Committee recalls its previous comments that section 20 of Ordinance No. 017/PRG/SGG should be broadened to conform with Article 1, paragraph 1(a), of the Convention to cover race, colour, political opinion, national extraction and social origin as prohibited grounds of discrimination.

The Committee trusts that the Government will provide in its next report detailed information on the progress made in harmonizing the national legislation with the Convention and that it will provide a copy of the new regulations for the public service which have apparently been adopted.

2. The Committee also asks the Government to refer to the request being addressed to it directly.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report.

1. The Committee takes note of the Government's statement that, with the establishment of the National Fund for Vocational Qualification (financed by undertakings) in the National Office of Vocational and Further Training, programmes of training and further training will be prepared in accordance with the needs of undertakings and that the information requested, including statistics, will shortly be supplied with regard to:

(a) access to vocational training;

(b) access to employment and to the various professions;

(c) conditions of employment.

The Committee accordingly hopes that this information, analysed by sex and if possible by ethnic origin, will be supplied by the Government in its next report.

2. The Committee takes note of the Government's statement that, in pursuit of its vocational training policy, the vast programme for the identification of undertakings that take employment opportunities into account is at the stage of processing the data collected. The Committee hopes that the Government will be able to indicate in its next report the results obtained through the implementation of that policy, specifying in particular the measures taken or contemplated to facilitate women's access to training and employment.

3. Noting that, under section 21 of the Fundamental Act, the State guarantees equal access to public posts, the Committee also asks the Government to indicate the measures taken to implement the policy of equal access to public posts and to provide, in particular, statistics on the distribution by sex, and if possible by ethnic origin, of the staff of the public service at the various levels of responsibility.

4. With reference to its previous comments, the Committee again asks the Government to supply a copy of Decree No. 019/PRG/SGG/88 of 17 January 1988 establishing a Ministry of Social Affairs and Employment and of Decree No. 131/PRG/SGG/88 of 15 June 1988 concerning its functions, powers and organisation.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes with satisfaction that the Fundamental Act of 23 December 1990 provides in its section 8 that no one may be privileged or placed at a disadvantage by reason of his or her birth, race, ethnic origin, language, beliefs and political, philosophical or religious opinions and in its section 18 that no one may be placed at a disadvantage at work by reason of his or her sex, race, ethnic origin or opinions, in accordance with the principle of non-discrimination stated by the Convention.

2. In its previous observation, the Committee noted that section 20 of Ordinance No. 017/PRG/SGG of 5 March 1987, dealing with the general principles of the public service, prohibited discrimination only on the grounds of philosophical and religious opinions and sex, and did not include the other grounds listed in Article 1(a) of the Convention, namely race, colour, political opinion, national extraction and social origin. The Committee consequently expressed the hope that the new public service regulations would cover all the grounds of discrimination that are set out in the Convention. The Committee notes the Government's statement that the new public service regulations have been adopted and are applied. The Committee asks the Government to supply the text of the above-mentioned regulations.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee asks the Government to refer to the observation it is making on this Convention.

The Committee notes with interest that, by virtue of Decree No. 019/PRG/SGG/88 of 17 January 1988, a Ministry of Social Affairs and Employment has been established, whose attributions and organisation have been laid down by Decree No. 131/PRG/SGG/88 of 15 June 1988. (The Committee asks the Government to provide a copy of these texts, which were not received with the report.) It also notes that the National Office of Employment and Manpower is responsible for implementing the national employment policy and that the National Office for Vocational Training and Advanced Training has already collected basic data which can be used for assistance to enterprises in drawing up training programmes that are consistent with job opportunities and for participation in the selection and recruitment of applicants.

The Committee again asks the Government to provide information on the criteria used in selecting and recruiting job applicants and on any other positive measure concerning employment and training that may have been taken as part of the national employment policy, in order to apply the principle of equality of opportunity and treatment set forth in the Convention, and to eliminate all discrimination on the grounds listed in Article 1(a) of this instrument.

The Committee would also like to receive particulars (including statistical data) of the results obtained in the following areas:

(a) access to vocational training;

(b) access to employment and the various occupations;

(c) conditions of employment.

The Committee hopes that the next report will contain the information requested.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with interest that the National Office for Occupational Training and Advanced Training has drawn up, as part of the Government's vocational training policy, a broad programme for the identification of enterprises, which takes account of employment opportunities. The Committee hopes that the Government will be able to indicate the results of the implementation of this policy, including the measures taken to facilitate the access of women to training and employment. With regard to public employees, the Government indicates that the new statute of the public service is still being drafted and that it will only be available after the reform of the administration. The Committee takes note of this information. It has also noted Ordinance No. 107/PRG/SGG of 5 March 1987 (provided by the Government with its report on Convention No. 151), section 7 of which provides that the conditions and procedures of recruitment of public servants are to be governed by special regulations. The Committee notes, however, that section 20 of this Ordinance, which deals with the general principles of the public service, prohibits discrimination only on the grounds of philosophical and religious opinions, and sex, and does not include the other grounds listed at Article 1(a) of the Convention, such as race, colour, political opinion, national extraction and social origin. The Committee therefore hopes that the new statute of the public service will be adopted in the near future and that it will take account of all the grounds on which discrimination is forbidden, that are set out in the Convention. Meanwhile, it asks the Government to provide any special regulations that are in force concerning public servants. The Committee requests the Government also to refer to the request being addressed to it directly.

TEXT

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in reply to its previous comments, and asks the Government to refer also to the observation it is making on this Convention.

The Committee notes with interest that, by virtue of Decree No. 019/PRG/SGG/88 of 17 January 1988, a Ministry of Social Affairs and Employment has been established, whose attributions and organisation have been laid down by Decree No. 131/PRG/SGG/88 of 15 June 1988. (The Committee asks the Government to provide a copy of these texts, which were not received with the report.) It also notes that the National Office of Employment and Manpower is responsible for implementing the national employment policy and that the National Office for Vocational Training and Advanced Training has already collected basic data which can be used for assistance to enterprises in drawing up training programmes that are consistent with job opportunities and for participation in the selection and recruitment of applicants.

The Committee again asks the Government to provide information on the criteria used in selecting and recruiting job applicants and on any other positive measure concerning employment and training that may have been taken as part of the national employment policy, in order to apply the principle of equality of opportunity and treatment set forth in the Convention, and to eliminate all discrimination on the grounds listed in Article 1(a) of this instrument.

The Committee would also like to receive particulars (including statistical data) of the results obtained in the following areas:

(a)access to vocational training;

(b)access to employment and the various occupations;

(c)conditions of employment.

The Committee hopes that the next report will contain the information requested.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous observations and requests.

It notes with interest that the National Office for Occupational Training and Advanced Training has drawn up, as part of the Government's vocational training policy, a broad programme for the identification of enterprises, which takes account of employment opportunities. The Committee hopes that the Government will be able to indicate the results of the implementation of this policy, including the measures taken to facilitate the access of women to training and employment.

With regard to public employees, the Government indicates that the new statute of the public service is still being drafted and that it will only be available after the reform of the administration. The Committee takes note of this information. It has also noted Ordinance No. 107/PRG/SGG of 5 March 1987 (provided by the Government with its report on Convention No. 151), section 7 of which provides that the conditions and procedures of recruitment of public servants are to be governed by special regulations. The Committee notes, however, that section 20 of this Ordinance, which deals with the general principles of the public service, prohibits discrimination only on the grounds of philosophical and religious opinions, and sex, and does not include the other grounds listed at Article 1(a) of the Convention, such as race, colour, political opinion, national extraction and social origin.

The Committee therefore hopes that the new statute of the public service will be adopted in the near future and that it will take account of all the grounds on which discrimination is forbidden, that are set out in the Convention. Meanwhile, it asks the Government to provide any special regulations that are in force concerning public servants.

The Committee requests the Government also to refer to the request being addressed to it directly.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer