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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea (Ratification: 1960)

Article 1(1)(a) of the Convention. Anti-discrimination legislation. Further to its previous comment, the Committee notes that, in its report, the Government indicates that: (1) section 5 of Act No. L/2019/0027/AN establishing the general statute governing state officials, adopted on 7 June 2019 following the revision of Act No. L/2001/028/AN establishing the general statute governing public servants, provides for equality of opportunity and treatment in the recruitment of public servants; (2) the general statute governing state officials is in the process of being revised; (3) in 2024, a certain number of practical measures were taken to promote equality of opportunity in competition processes; and (4) in practice, there is a complaint mechanism that enables candidates to file an appeal if they consider that they have been subject to discrimination in relation to a competition process. While acknowledging the particularly difficult situation prevailing in the country, the Committeeexpresses the firm hope that, as indicated by the Government, at the end of the revision process currently underway, the new general statute governing state officials will prohibit, in the public service, all forms of direct or indirect discrimination, in employment and occupation, on at least all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to proceed without delay with the adoption of this new statute and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the complaint mechanism mentioned in its report and on the number of appeals filed alleging acts of discrimination in relation to a competition process, and to specify the outcome of these appeals and any compensation awarded.

Furthermore, noting with interest that a Bill issuing the revised Labour Code is also in the process of being adopted, the Committee welcomes: (1) draft section 8 prohibiting all forms of discrimination; (2) draft section 3 defining discrimination as “any direct or indirect distinction, exclusion or preference” based on a list of grounds that includes, at least, but is not limited to, the seven grounds of discrimination listed in Article 1(1)(a) of the Convention, and “which has the effect of restricting or impairing equality of opportunity or treatment in employment, training, promotion, retention of employment, or the terms and conditions of employment”; (3) the plan to include, in section 3, a definition of direct and indirect discrimination; and (4) draft section 4, which, by establishing that “the State must ensure equality of opportunity and treatment for citizens with respect to employment, training, promotion, retention of employment and the terms and conditions of employment, without discrimination of any kind” and by not redefining discrimination (which, as indicated above, is defined in section 3), will eliminate the current inconsistency between sections 3 and 5 of the Labour Code. Nevertheless, the Committee observes that, unlike the current version of the Labour Code, the Bill does not refer to discrimination in recruitment despite the fact that the Convention expressly addresses gaining access to employment, which, in the private sector, includes equal access to, and equal treatment by, placement services (and other measures promoting employment), non-discrimination and equal opportunities in selection and recruitment processes (see the 2012 General Survey on the fundamental Conventions, paragraph 753). The Committee requests the Government to take the necessary measures to ensure that the draft revised Labour Code includes all aspects of employment and occupation, including access to employment, and to provide information on any progress made in this regard.

Discrimination on the basis of sex. Sexual harassment. In reply to the previous Comment of the Committee, the Government indicates that: (1) information activities on discrimination on the basis of sex and sexual harassment will be organized for workers, employers and their respective organizations; (2) legislative measures are in the process of being adopted to enable the filing of complaints and the punishment of perpetrators of sexual harassment; and (3) the Bill issuing the revised Labour Code establishes that any employer or worker has the right to protection against harassment at work. In this regard, the Committee notes with interest the definition of sexual harassment contained in the Bill, that is, “any form of repeated or non-repeated verbal, non-verbal or corporal behaviour of a sexual nature which affects the dignity of women or men in the workplace with the real or apparent purpose of obtaining an act of a sexual nature, whether sought for the benefit of the perpetrator or for the benefit of a third party, or which has the effect of creating an intimidating, hostile or humiliating work environment for a person”. The Committee also welcome the Government’s indication that, with a view to strengthening the measures taken at the national level to put an end to harassment, the processes to ratify the Violence and Harassment Convention, 2019 (No. 190), is under way. The Committee requests the Government to: (i) take the necessary steps, without further delay, to organize the awareness-raising activities announced and to adopt the legislative provisions on complaints, penalties for perpetrators and acts of sexual harassment; and (ii) provide detailed information on any progress made in this regard. Noting with regret the absence of information on prevention activities by the labour inspectorate, the Committee once again requests the Government to take the necessary measures to reinforce these activities and to provide information on any measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.