Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (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.