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

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

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

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

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:

The Committee notes that the Government is still in the process of preparing a new Labour Code to update the 1988 Code, which it therefore requests the Government to keep the Office informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6(1) of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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:

The Committee notes that the Government is in process of preparing a new Labour Code to update the 1988 Code. It therefore requests the Government to keep it informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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:

The Committee notes that the Government is in process of preparing a new Labour Code to update the 1988 Code. It therefore requests the Government to keep it informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

1. Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2. Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3. Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4. Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

5. Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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

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 notes that the Government is in process of preparing a new Labour Code to update the 1988 Code. It therefore requests the Government to keep it informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

1. Legislation. The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms – once again – that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2. Articles 3 and 6 of the Convention. The Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. The Committee hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3. Article 8. The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention – if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4. Article 10. Trade union rights. Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). The Committee therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

5. Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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

The Committee notes that the Government is in process of preparing a new Labour Code to update the 1988 Code. It therefore requests the Government to keep it informed of progress in the draft revision of the Labour Code and to supply a copy of the text finally adopted.

1.  The Committee recalls that section 6 of the Labour Code currently in force provides that when an employer considers engaging a foreign worker he must obtain prior authorization from the National Employment and Manpower Office (ONEMO) in conditions laid down by decree or ministerial order. Since 1992 the Committee has been requesting copies of texts specifying the internal operating rules of ONEMO which the Government stated would shortly be adopted. The Committee notes that in 1997 ONEMO was replaced by the Guinean Agency for the Promotion of Employment (AGUIPE), with rather different attributions and structure. The Committee therefore asks the Government to supply a copy of Decree No. 97/285/PRG/SGG/97 of 24 December 1997 establishing AGUIPE, which is allegedly attached to the report but is not, as well as of any specific regulations governing recruitment of foreign workers. In regard to the implementing order of section 7 of the Labour Code, it notes that the Government affirms - once again - that this text will shortly be received by the ILO and trusts that it will be attached to the Government’s next report.

2.  In regard to the application of Articles 3 and 6 of the Convention, the Committee notes that the penalties incurred at present in the event of illegal immigration, as described by the Government, seem to be restricted to persons who employ workers who have immigrated illegally. The Committee notes, however, that section 131-4 of the draft revising the Labour Code extends penalties to the organizers of illegal or clandestine movements of migrants for employment on the territory of the Republic of Guinea, or from there, or transiting through the territory. The Committee draws attention to the fact that under Article 6, paragraph 1, of the Convention, sanctions must also be defined for persons who provide knowing assistance to such movements, whether for profit or otherwise. It hopes therefore that when section 131-4 is finally adopted it will define administrative, civil and penal sanctions in regard to the illegal employment of migrant workers, the organization of movements of migrants defined as involving abuses and in respect of knowing assistance to such movements in conditions violating the pertinent international, multilateral or bilateral instruments or agreements or national legislation.

3.  The Committee notes the Government’s statement to the effect that although loss of employment by a migrant worker indicates the termination of his employment contract, it does not automatically imply withdrawal of his authorization of residence or work permit under the terms of section 131-5 of the draft new Labour Code and, consequently, the guarantees of security of employment, the provision of alternative employment, relief work and retraining in accordance with Article 8 of the Convention. It notes, however, that if the worker finds employment that will generate higher costs for the employer concerned if he must choose between two applicants of equal competence of which one is Guinean. The Committee recalls that under Article 14(a) of the Convention this unequal treatment of migrant workers residing lawfully in the country of employment is contrary to the principle of equality of opportunity and treatment in access to employment and occupation enshrined in the Convention - if it extends beyond two years. The Committee would therefore be grateful if the Government would ensure that priority of employment in favour of Guinean workers, set down in draft section 131-5, does not exceed the two years prescribed in Article 14(a) of the Convention.

4.  Still within the framework of the draft revision of the Labour Code, the Committee notes that draft section 321-4 provides for the lowering from five years to three years the obligation of residence for foreign workers to be allowed to accede to official trade union positions and even to abolish this obligation for nationals of countries that have concluded agreements stipulating reciprocity on this particular point or having national legislation authorizing access of all foreign workers, including Guineans, to official trade union positions. The Committee notes the progress which would be made by this draft section as compared with sections 242 and 251 of the current Labour Code, but highlights the fact that the principle laid down in Article 10 of the Convention is that of equality of treatment without conditions and that the provisions mentioned above are conditions of residence or reciprocity (see General Survey on migrant workers, 1999, paragraphs 109 and 440, on this subject). It therefore expresses the hope that the Government will amend the content of draft section 321-4 of the Labour Code accordingly.

5.  Finally, noting that the Government has supplied no information on measures taken to facilitate the reunification of the families of migrant workers (Article 13) or to make regulations concerning recognition of occupational qualifications acquired outside its territory or to restrict access to limited categories of employment or functions (Article 14), the Committee reiterates the wish that the Government’s next report will supply the information requested.

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

The Committee takes note of the information supplied by the Government in reply to its previous direct request.

1. With reference to the comments that it has been making for many years, the Committee notes with regret that the regulations envisaged under section 7 of the Labour Code and the text setting out the rules for the internal operation of the National Employment and Manpower Office (ONEMO), which in 1992 the Government stated would shortly be issued, have not yet been adopted. It trusts that the Government will not fail to supply a copy of the above texts in the near future.

2. The Committee notes the Government's statement that the requirement that migrant workers must have resided in Guinea for five years to become members of the trade union-leadership does not prejudice their possibility to participate in trade union activities and is principally intended to facilitate their integration into the workforce. The Government adds that, in the field of the trade union rights of migrant workers, the issue of reciprocity is almost never referred to in reports between States. However, the Committee considers that the application to migrant workers alone of the requirement of five years' residence in order to accede to trade union office is not in conformity with Article 10 of the Convention, the provisions of which are intended to promote equality of opportunity and treatment between foreign workers who are lawfully within the national territory and nationals. It once again requests the Government to indicate the measures which have been taken or are envisaged to bring sections 242 and 251 of the Labour Code of 1988 into conformity with these provisions of the Convention.

3. With reference to its previous comments, the Committee notes with regret that the Government's report contains no information on the measures which have been taken or are envisaged to give effect to the following provisions of the Convention:

- Article 3 and Article 6, paragraphs 1 and 2, which require the adoption of legislative measures and sanctions against the organizers of illicit or clandestine movements of migrants for employment;

- Article 8, which requires measures to establish that the loss of employment by a migrant worker who has resided legally in the national territory does not in itself imply the withdrawal of the authorization of residence or work permit, and to guarantee such workers equality of treatment with nationals in respect in particular of guarantees of security of employment, the provision of alternative employment, relief work and retraining;

- Article 9, which requires measures to protect a number of the rights of migrant workers whose position is irregular.

4. Furthermore, the Committee requested the Government to supply information on the measures taken to facilitate the reunification of the families of migrant workers (Article 13), and on any measures governing the recognition of occupational qualifications acquired outside the country, and restricting access to limited categories of employment or functions (Article 14).

5. The Committee once again hopes that the Government will provide the information requested to enable it to examine national law and practice in the light of the Convention.

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

The Committee notes the information supplied by the Government in its report, particularly concerning migrant workers working in Guinea and Guinean nationals working abroad. It also notes the information on the consultations with employers' and workers' organizations concerning migrants who are unlawfully employed.

1. With reference to its previous comments on the texts issued under the 1988 Labour Code, the Committee notes the information supplied by the Government to the effect that the regulations provided for under section 7 of the Labour Code and the text setting out the rules for the internal operation of the National Employment and Manpower Office have been prepared and will shortly be adopted. It asks the Government to provide a copy of these texts as soon as they have been adopted.

2. The Committee notes from the Government's previous report that section 251 of the Labour Code of 1988 has been amended so as to allow migrant workers who have resided legally in Guinea for five years to be members of the boards of trade unions. The Committee observes that this amendment is an improvement over the original text of the Code but recalls that under Article 10 of the Convention member States undertake to pursue a national policy to promote equality of opportunity between migrant workers who are lawfully within their territory and their own nationals. This national policy applies to trade union rights which include the right of employers' and workers' organizations to elect their representatives freely.

The requirement of five years' residence in order to accede to trade union office affects only migrant workers and is therefore not consistent with the policy of equal opportunity and treatment referred to above.

The Committee asks the Government to indicate the measures taken or envisaged to bring sections 242 and 251 of the Labour Code of 1988 into conformity with the provisions of the Convention on this point.

3. The Committee notes the indications contained in the Government's report concerning migrant workers from Member States of the Economic Community of West African States (ECOWAS). It recalls that Article 4 of the Convention provides, in particular, that Members shall take such measures as are necessary for systematic exchange of information with the States concerned to suppress clandestine movements of migrants and illegal employment of immigrants. The Committee requests the Government to continue to provide information on the measures taken in this area, particularly under ECOWAS instruments.

4. Furthermore, the Committee notes that the Government's report contains no information on the measures taken or contemplated to give effect to the following provisions of the Convention:

- Articles 3 and 6, paragraphs 1 and 2, which require the adoption of legal provisions and sanctions against the organizers of illicit or clandestine movements of migrants for employment;

- Article 8 which requires measures to ensure that the loss of employment by a migrant worker who has resided lawfully in the national territory shall not in itself imply the withdrawal of his authorization of residence or work permit, and that such workers enjoy equality of treatment with nationals particularly in respect of guarantees of security of employment, the provision of alternative employment, relief work and retraining;

- Article 9 which calls for measures to protect certain rights of migrant workers who are in an irregular situation.

5. The Committee also asked the Government to provide information on the measures taken to facilitate the reunification of the families of migrant workers (Article 13), and on any measures to regulate recognition of occupational qualifications acquired outside the country, and to restrict access to limited categories of employment or functions (Article 14).

6. The Committee hopes that the Government will provide the information requested to enable it to ascertain whether national legislation and practice are consistent with the Convention.

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

The Committee takes note of the Government's report.

1. In the absence of specific information on the points raised in the comments of the last few years, the Committee is unable to ascertain whether national legislation and practice are in conformity with certain provisions of the Convention (Articles 3, 6, 8, 9, 10, 13 and 14).

It therefore requests the Government to provide any texts issued under section 7 of the Labour Code of 1988 governing the conditions for obtaining prior authorisation from the National Employment and Manpower Office and the recruitment of foreign workers, along with any other texts relating to these questions, which predate the Labour Code of 1988 and remain in force pursuant to the provisions of section 406 of the Code. The Committee also asks the Government to provide the text of the Decree provided for in section 373 of the Labour Code of 1988, setting out the rules for the internal operation of the National Employment and Manpower Office.

2. The Committee noted earlier that section 251 of the Labour Code reserves the right to be members of the boards of trade unions to resident nationals of Guinea. It notes the Government's statement that this section has been amended and the above right has been extended to persons who have been resident in Guinea for at least five years.

The Committee notes this improvement. It recalls, however, that the national policy designed to promote and to guarantee equality of opportunity and treatment for persons who as migrant workers are lawfully within the national territory, also applies to trade union rights which include the right of employers' and workers' organisations to elect their representatives in full freedom. The Committee asks the Government to indicate the measures taken or envisaged to bring sections 242 and 251 of the Labour Code into conformity with the policy of equal opportunity and treatment for persons who, as migrant workers, reside lawfully in the national territory.

3. The Committee again asks the Government to supply information on the consultations with employers' and workers' organisations to determine whether there are illegally employed migrant workers and whether there are movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening relevant international instruments or agreements, or national laws and regulations (Article 2, paragraph 2). It also asks the Government to provide information on any contacts and exchanges of information with other States to prevent clandestine and abusive migration and to prosecute the authors of manpower trafficking, in accordance with Articles 4 and 5.

4. The Committee asks the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.

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:

With reference to its previous comments, the Committee notes, from the Government's report, that a series of regulations intended to give effect to the Convention is being prepared. The Committee therefore hopes that the Government will soon be in a position to indicate the progress achieved on the following points, which have been raised in its previous comments:

- the adoption of legislative measures and sanctions against the organisers of illicit or clandestine movements of migrants for employment (Articles 3 and 6, paragraphs 1 and 2, of the Convention);

- the adoption of legislative measures to give effect to the various Articles of the Convention as regards foreign workers in Guinea (Articles 8, 9, 13, 14(b) and (c)). The Committee once again requests the Government to indicate the regulations on the employment of foreigners used by the National Employment and Manpower Office, which it is responsible for supervising (Article 2, paragraph 1);

- the amendment of section 251 of the Labour Code, which reserves the right to be members of the boards of trade unions to resident citizens of Guinea, and which is incompatible with the equality of treatment set out in Article 10 and Article 12(d) which guarantee migrant workers who are lawfully within its territory the same trade union rights as nationals.

The Committee once again requests the Government to supply information on the consultations with employers' and workers' organisations to determine whether there are illegally employed migrant workers and whether there are movements of migrants for employment, either to or from Guinea, under abusive conditions (Article 2, paragraph 2) and on any contacts and exchanges of information with other States in order to prevent clandestine and abusive migration and to prosecute the authors of manpower trafficking, in accordance with Articles 4 and 5.

The Committee requests the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.

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

With reference to its previous comments, the Committee notes, from the Government's report, that a series of regulations intended to give effect to the Convention is being prepared. The Committee therefore hopes that the Government will soon be in a position to indicate the progress achieved on the following points, which have been raised in its previous comments:

- the adoption of legislative measures and sanctions against the organisers of illicit or clandestine movements of migrants for employment (Articles 3 and 6, paragraphs 1 and 2, of the Convention);

- the adoption of legislative measures to give effect to the various Articles of the Convention as regards foreign workers in Guinea (Articles 8, 9, 13, 14(b) and (c)). The Committee once again requests the Government to indicate the regulations on the employment of foreigners used by the National Employment and Manpower Office, which it is responsible for supervising (Article 2, paragraph 1);

- the amendment of section 251 of the Labour Code, which reserves the right to be members of the boards of trade unions to resident citizens of Guinea, and which is incompatible with the equality of treatment set out in Article 10 and Article 12(d) which guarantee migrant workers who are lawfully within its territory the same trade union rights as nationals.

The Committee once again requests the Government to supply information on the consultations with employers' and workers' organisations to determine whether there are illegally employed migrant workers and whether there are movements of migrants for employment, either to or from Guinea, under abusive conditions (Article 2, paragraph 2) and on any contacts and exchanges of information with other States in order to prevent clandestine and abusive migration and to prosecute the authors of manpower trafficking, in accordance with Articles 4 and 5.

The Committee requests the Government to supply information on the number and location of Guineans working abroad and the number of foreigners working in Guinea.