Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Guinée (Ratification: 1960)

Autre commentaire sur C111

Observation

Demande directe

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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.