Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Guinea (Ratificación : 1959)

Civil liberties and trade union rights. In its previous comment on the application of the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee noted that, by decision of 13 May 2022, the transitional government prohibited any demonstrations in public thoroughfares likely to compromise the social peace and the proper implementation of its scheduled activities, specifying that any breach of this order would entail legal consequences against the perpetrator(s). It notes that during the discussion in the Committee on the Application of Standards of the International Labour Conference (Conference Committee) in June 2024, the Worker Members stated that the deterioration in the human and trade union rights situation in Guinea has only worsened since 2022. They also referred to the arrest of Mr Sékou Jamal Pendessa, Secretary-General of the Guinean Press Professionals’ Union (SPPG), on 19 January 2024, for participating in an “unauthorized assembly”, after his union had called for protest against the media restrictions imposed by the Government since May 2023, and who was released after three days of strikes and protest on 28 February 2024. The Committee notes from the information provided by the Government in its report on the application of Convention No. 105, that his case is pending before the Supreme Court. In this respect, the Committee would like to recall that the interdependence of respect for fundamental rights and freedom of association implies, in particular, that the public authorities cannot interfere in the legitimate activities of organizations by means of arrests (see the 2012 General Survey on the fundamental Conventions paragraph 60). Recalling the request by the Conference Committee toquash the convictions brought against Sékou Jamal Pendessa, the Committee requests the Government to provide a copy of the decision of the Supreme Court. Noting that the Transitional Charter foresees the rebuilding of the State and the adoption of a new Constitution by referendum, and that the 2014 Labour Code is currently under review, the Committee firmly expects the Government to take the necessary measures to ensure that the new Constitution, the Labour Code as well as any legislative or regulatory texts fully comply with the principles recognized by the Convention, as per the Committee’s comments below, and to provide the copy of any relevant texts adopted.

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. The Committee recalls that on more than one occasion it has requested the Government to:

• amend section 431.5 of the Labour Code in order to limit the possibility of establishing a minimum service in the event of a strike to the following situations: (a) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (or essential services “in the strict sense of the term”; (b) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; and (c) in public services of fundamental importance (see the 2012 General Survey on the fundamental Conventions, paragraph 136);
• amend section 434.4 of the Labour Code in order to: (i) limit recourse to compulsory arbitration to bring an end to a collective labour dispute or a strike; (ii) limit recourse to compulsory arbitral decisions to situations in which the strike itself may be subject to restrictions, or even prohibited, namely: (a) in the case of disputes concerning public servants exercising authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, but only for a limited period of time and to the extent necessary to meet the requirements of the situation (see the 2012 General Survey on the fundamental Conventions, paragraph 153); and (iii) no longer empower the public authorities, in the event that one of the parties objects, to bring an end to a strike, instead of the highest judicial body.

The Committee notes the information on the existence of a draft revision of the Labour Code in the Government’s report on the implementation of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). In this regard, it also notes the Government’s indication that the matter of the determination of minimum services will be resolved by ministerial decree, pursuant to the provisions of the new Labour Code, once it is adopted. The Committee expects that the new Labour Code will be adopted as soon as possible, and that the comments that it has made will be taken into account in the course of the revision so as to bring the labour legislation into full conformity with the Convention. It requests the Government to provide information on any progress in this respect, including with regard to the adoption of regulatory texts for the determination of minimum services in the event of strikes.

In its previous comments, the Committee asked the Government for information on the measures taken to establish an independent body, which has the confidence of the parties, to resolve any disagreements with respect to the determination of minimum services, through the framework for concerted social dialogue, and on the role played by the National Social Dialogue Council (CNDS) in this regard. The Committee also requested the Government to provide information on the minimum services which, according to the Government, have been determined for the communication and transport services.

The Committee understands from the Government’s reply that the CNDS, which has been operational since January 2023, does not include the determination of minimum services in the event of a disagreement among its regular functions, but intervenes only in the event of major disputes and manifest disagreement between the social partners. The Committee recalls that any disagreement on minimum services should be resolved, not by the government authorities, but by a joint or independent body which has the confidence of the parties (see the 2012 General Survey on the fundamental Conventions, paragraph 138). The Committee trusts that the Government will proceed rapidly to establish an independent body which has the confidence of the parties and is responsible for determining minimum services when there is no agreement between the parties on the matter. Furthermore, in view of the absence of information in this regard, the Committee once again requests the Government to provide information on the minimum services determined in the communication, transport and other sectors.