Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Guinea (Ratification: 1966)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee recalls that, for 40 years and despite repeated comments in this regard, no real progress has been made by the Government in the application of the Convention. In its 2023 report, the Government indicates that section 21 of the Transition Charter of 27 September 2021 provides that all citizens have the right to work and to fair remuneration and that no one may be discriminated against in employment on account of their origin, religion, sex or opinions. The Government considers that the Convention is being applied and refers to section 91(9) of the Public Procurement Code, adopted by decree of 17 December 2019, which sets out that all public contracts must specify the work arrangements; that the conditions applicable to a public contract may take considerations regarding the economy, innovation, the environment, the social sphere and employment into account; and that the enterprise’s policy on discrimination may also be taken into account. The Committee is nonetheless bound to recall, as it has already done on several occasions, that the mere fact of the national legislation being applicable to all workers, including those employed under public contracts, does not release the States which have ratified the Convention from the obligation to take the necessary steps to ensure that public contracts contain labour clauses specified in Article 2 of the Convention. The Committee considers that the Convention calls for the insertion of labour clauses of a very specific content (2008 General Survey on labour clauses in public contracts, paragraphs 41–46, 55 and 111–113). In this regard, the Committee once again draws the Government’s attention to the General Survey of 2008 and the practical guide on the Convention published by the Office in 2008, which proposes guidance and examples for aligning national legislation with the Convention. Noting with concern that, once again, the Government’s report does not provide any information on the measures taken or envisaged to give effect to the provisions of Article 2 of the Convention, the Committee urges the Government to, without delay, take all necessary measures to bring its national practice and legislation into full conformity with the basic requirements of the Convention. The Committee hopes that the Government will make every effort to take the necessary steps in the near future. The Committee notes the Government’s indication that it has transmitted a draft of the Code to the Office and wishes to avail itself of technical assistance in this regard. The Committee hopes that such assistance may be provided shortly.