Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes with regret that for the second year in succession 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. Article 1, paragraph 1, of the Convention. In its earlier comments, the Committee pointed out that under section 3 of Decree No. 4/80 of 6 February 1981, governing compulsory industrial accident and occupational sickness insurance, foreign workers carrying on an occupational activity in Guinea-Bissau enjoy the same rights as Guinean workers only when there is "reciprocity of rights" between the two countries, but this was not in conformity with this Convention, since the Convention establishes a system of automatic reciprocity for all Members which have ratified it. The Committee accordingly requested that national legislation be amended to ensure that all nationals of States which have ratified this Convention are automatically granted the same treatment as the country's own nationals. The Committee also noted the Government's statement to the effect that the new Labour Code, due to come into force in 1984, would take account of this situation.

The Committee notes with regret that the new Labour Code (Act No. 2/86 of 5 April 1986) has not modified the previous situation in this respect. It also notes the Government's statement in its last report, to the effect that Decree No. 4/80 does not conflict with the Convention, as the ratification of the latter by other States is tantamount to reciprocity since the provisions of the national legislation must be read in the light of the Convention. However, the Committee wishes to point out that in both the new Labour Code and Decree No. 4/80, conditions of reciprocity are not expressly defined to take account of the commitments deriving from the ratification of the Convention. The Comittee therefore requests the Government to re-examine the situation and clarify the new Labour Code or to complete Decree No. 4/80 so as to remove all doubts in regard to the equality of protection of foreigners who are nationals of a country which has ratified the Convention.

2. Article 1, paragraph 2. The Committee takes note of the Government's statement to the effect that neither legislation nor practice provides for any condition of residence as a requirement for payment of compensation to the victims of occupational accidents or their dependents. The Committee requests the Government to supply statistical information in regard to payment of compensation to the victims of occupational accidents or their dependents in the event of residence abroad.

3. Article 2. The Committee takes note of the Government's statement to the effect that, in practice, foreign workers temporarily in Guinea-Bissau, in the service of a foreign undertaking or international body, receive employment contracts guaranteeing their protection under the legislation of their country of origin or of the country where the undertaking is situated or of the international body concerned. The Committee also notes with interest that legislation has been drafted to avoid all ambiguity in this respect. It hopes that the draft legislation will shortly be adopted and requests the Government to indicate any progress made in this regard in its next report.

4. The Committee notes with interest that, in the restructuring of the Ministry of Public Service, Labour and Social Security, the Government plans to establish a foreign workers' department to collect all the necessary information, including statistics. It hopes that in these circumstances the Government will shortly be able to indicate the number of foreign workers in Guinea-Bissau and their nationality.