Caso individual (CAS) - Discusión: 2025, Publicación: 113ª reunión CIT (2025)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - Guinea-Bissau (Ratificación : 1977)

Discussion by the Committee

Chairperson – I have the honour of giving the floor to the distinguished Government representative of Guinea-Bissau, the Director-General of Labour.

Interpretation from Portuguese: Government representative – The Government of Guinea-Bissau has requested the Director-General of the ILO, through the office in Dakar, to provide us with technical assistance, including a feasibility study to support our constituents in the process of setting and adjusting our national minimum wage. This request was made so that we could have a better picture of the state of the labour market in Guinea-Bissau, and so that we could look at various possibilities of setting a new minimum wage. We wanted to have more statistics on the labour market in our country so that we could then proceed with the setting of a new minimum wage.

Setting a new minimum wage requires taking into account the national context. You know what our business and economic situation is. We do unfortunately face difficulties in all sectors because our country in general is fragile. The main employer is the State and the minimum wage in the public sector at the moment is 50,000 CFA francs, but we feel that what we need is a new concept for the setting of the minimum wage with more updated statistics on which to rely. We do have a Standing Council on Social Cooperation in Guinea-Bissau, whose responsibility is to deal with the minimum wage in the public sector, and we have had technical assistance from the ILO when it comes to setting our minimum wage in the private sector.

As I said, most of those who do have work in Guinea-Bissau are working in the public sector. Circumstances in the private sector are somewhat different and so is the picture with regard to the minimum wage. Then there is the informal economy and agriculture, which unfortunately are not, at the moment, covered by the setting of the minimum wage rules and regulations.

We have held discussions with the representative employers’ and workers’ organizations in our country but unfortunately it was difficult for us to reach a compromise that would take into account the need to have sustainable businesses, growing businesses in the private sector, which is already very weak and fragile, and the interests of workers and their families.

We are trying to improve the minimum wage in the private sector but, generally speaking, it is lower than the minimum wage which is guaranteed in the public sector. The study which we used for updating the minimum wage was submitted to our tripartite social partners and a presentation was made on exactly what the proposal for a more viable figure for the private sector would be. We want to have the same level of minimum wage in both sectors, public and private, and we hope that that figure would be 50,000 CFA francs. However, for that to happen we need to have the approval of our tripartite constituents.

We realize that the 50,000 figure is going to have to be revised for the public sector as well. We cannot just leave it eternally unchanged. When we make the change for the public sector, we will do it for the private sector as well, so we do not have a discrepancy between the two sectors.

We have a study on raising the minimum wage level in the private sector. We are now working with relevant bodies in Guinea-Bissau to establish a wage structure for both sectors, public and private, so that we do not have these differences. We hope we will be able to do this by the end of 2026 at the latest. The problem is that we are a bit short of funds in our national budget to do this. We have taken the decision to do it but we are not absolutely certain we will be able to when we want to.

Of course, we know we have responsibilities to guarantee fundamental rights at work, because we support the ILO policy. That means that we have to do what the Conventions we have ratified stipulate, and that goes for this Convention as well.

Naturally, the issue is that our circumstances do not always allow us to do it as and when we would have wanted. We have observed that companies pay over the minimum wage, although there are companies that pay less than the minimum wage as well. Often, when that happens, it happens in the informal sector and we are trying to work to remedy the situation in that sector and encourage companies and businesses that are working in the informal sector to come in to the formal economy because, there, their workers would have much better guarantees of receiving the minimum wage as set than they do at the moment in the informal sector. They would enjoy better rights at work too.

If we are going to reduce poverty and improve social and economic conditions in Guinea-Bissau then we really do have to do something about the minimum wage, because we are not going to achieve very much if we do not. At the moment, we have a high level of extreme poverty in our country as I am sure you are aware of. If we can get more companies into the formal sector and cut down on the size of the informal sector we will increase tax income, we will be able to provide better working conditions, but at the moment, the whole situation is very fragile.

We do want to make it, including with this issue of the setting of the minimum wage, but in our circumstances, it really is very, very difficult.

We might get more companies and enterprises into the formal sector if we could give them an incentive to move over from the informal sector, but that is equally difficult.

Regarding this Convention and its application by our country we have been encouraged by the ILO to promote and increase social dialogue. We are strong believers in it. We are great supporters of it. Our tripartite constituents, of course, are our partners in trying to promote and further development in Guinea-Bissau. We cannot get sustainable development and growth unless we have the support and involvement of our tripartite partners. We are well aware of that. So we are doing our best to involve employers and workers and their organizations and civil society in improving the situation.

Our Standing Council on Social Cooperation, which is responsible for these issues, has met about three times this year. Everybody there has the right to contribute. We have freedom of association in Guinea-Bissau, so that means we can involve the workers’ representatives as well.

We had a few difficulties which affected the smooth operation of the Chamber of Commerce, our business association. At the moment, we are intending to adjust the minimum wage for the private sector to bring it into line with the one in the public sector by the end of 2026 and we are then going to look at the possibility of increasing it again.

We would be very grateful for further technical assistance from the ILO regarding the formalization of the informal economy because it has always been a strong partner when it comes to creating and furthering decent work in our country, and with respect to trying to cut down on the size of the informal sector, we are trying to do something about it, but without technical and financial support, it is very, very difficult because the size of our informal economy is huge. When it comes to social security, only 2 per cent, I repeat, 2 per cent of our workers are actually covered by it. So you can see how fragile and difficult this situation really is. I take advantage of having the floor at this meeting to urge the ILO to give our Government the support it desperately needs.

I said we have freedom of association and that is true. We have legislation on the statutes regarding the protection of workers’ rights in Guinea-Bissau. There are no legal restrictions on the freedom of association at home but unions have to organize, they have to get workers to affiliate and they need support as well. If they are to develop and strengthen the workers' organizations and movement again, they are going to need assistance to do it, and I request the Workers’ representatives to support them. Sometimes indeed, we have differences within and between trade union organizations and that can complicate tripartite dialogue and the efforts that we, as constituents in GuineaBissau, and the ILO make to meet our obligations and develop our country.

We have a programme which is under way in Guinea-Bissau at the moment to help us reduce the scale of child labour, which is a real scourge in our country, with the aim of eradicating it entirely.

In conclusion, we want to sort out the situation with respect to minimum wage setting in our country and we hope to make progress over the next year, with ILO support.

Employer members – We have noted with interest the information that was shared by the Government of Guinea-Bissau. This case was previously discussed in the Committee in 2023 and there have been multiple observations involving this case in each of the years from 2019 to 2024. This case involves the application and law and practice of the Convention, in Guinea-Bissau. The Convention is a technical Convention adopted in 1928. The Convention remains one of the most widely ratified ILO Conventions, with 105 ratifications, demonstrating a broad consensus for its mandates and, in our estimation, reflecting the flexibility with which its mandates can be achieved. Guinea-Bissau has ratified 34 Conventions including eight of the ten ILO fundamental Conventions. Although Guinea-Bissau ratified the Convention in 1977, it has not ratified the Minimum Wage Fixing Convention, 1970 (No. 131), which has much broader application. Notably Convention No. 26 was designed to apply to workers in certain sectors where no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low. Convention No. 131, by contrast, covers all wage earners and requires the consideration of certain relevant socio-economic factors such as the needs of workers and their families, general wages, the cost of living, social security benefits and the relative living standards of other social groups.

Convention No. 26 instead requires ratifying countries to create or maintain machinery whereby minimum rates of wages can be fixed for workers in those discrete sectors that are covered in Article 1 of the Convention. According to Article 2 of the Convention, ratifying countries shall be free to decide in which trades or parts of trades the minimum wage-fixing machinery shall be applied. The Convention also carries certain consultation requirements.

According to Article 3(2)(1), representatives of the employers and workers concerned, including representatives of their respective organizations, if any, shall be consulted before the minimum wage-fixing machinery is applied in a sector or a part of a sector. Under Article 3(2)(2), the employers and workers concerned shall be associated in the operation of the minimum wage-fixing machinery. Under Article 3(2)(3), minimum wage rates which have to be fixed shall be binding on the employers and the workers concerned.

It is Guinea-Bissau’s failure to set minimum wage-fixing machinery for its private sector that brings us here today. The Employers' group notes that the Committee of Experts has again observed that Guinea-Bissau has not provided any information on the operation of the minimum wage-fixing machinery.

We also note that the Government failed to provide its required report in 2024 and we further note with regret the reports of insufficient consultation and, perhaps most problematically, that a planned ILO mission scheduled for April 2024 was postponed when the Government refused to include the participation of the most representative labour organization in Guinea-Bissau. We further note our trade union colleagues’ reports of violence and threats against workers.

The Government’s compliance with Article 3 of the Convention has stalled for some time. We note that, 14 years ago, a study regarding the development of national minimum wage standards was being finalized. That study, as we understand, was not finalized. We further note that publicly available sources indicate that Guinea-Bissau has fixed the minimum wage for public sector workers, yet notably minimum wages for the private sector were last set over 30 years ago.

Technical assistance has been requested – including today – and has been provided with the exception of the notable example I just mentioned, including in the form of a one-week tripartite workshop in November 2022 and then again in 2023.

Although we can appreciate that making and implementing policy can take time and other resources, and that political and other realities can complicate and delay this already difficult process, we urge the Government to finalize this important work with deliberate speed in consultation with the social partners and without engaging in violence or threats in a manner befitting a sovereign State responsible for its people’s working lives.

The time to finalize this work is now. Under its relatively new Labour Code, in sections 153 and 154, the minimum wage shall be payable to all workers, including rural workers, without distinction based on sex or any other grounds, in an amount fixed annually by the Government after consultation with the social partners.

We look forward to hearing the views of other groups on this case.

Worker members – This is the second time that our Committee is examining the application of the Convention by the Government of Guinea-Bissau. The case was already discussed in this Committee in 2023. Regrettably, we are forced to address this case once again due to the lack of progress.

The facts are very clear. The Convention is a technical Convention on minimum wage-fixing machinery. It was ratified by Guinea-Bissau in 1977. A decree setting the minimum wage was adopted in 1988. Since this date, already 37 years ago, minimum wages have stagnated with no significant modifications, except for a small adjustment for the public sector in 2018, which clearly remains insufficient compared with real prices.

The Committee of Experts has raised several concerns since 2019 on the delay in the readjustment of the minimum wage in the private sector and the failure by the Government to ensure properly functioning wage-fixing machinery in consultation with the representative employers’ and workers’ organizations.

Our discussion in 2023 resulted in clear conclusions that required a review of the minimum wage for the public and private sectors without delay, in accordance with the Convention, the establishment of the minimum wage-fixing machinery in consultation with the social partners with a view to fixing and updating the minimum wage on a regular basis, and the strengthening of social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice. This Committee also requested the Government to provide the Committee of Experts with a copy of the promulgated and published version of the new Labour Code. We therefore requested the Government to avail itself of ILO technical assistance in close cooperation with freely established and independent workers’ and employers’ organizations. None of these requests have been addressed.

The report of the Committee of Experts for the Conference in 2024 noted the Government’s indications that the Ministry was working with the social partners and was in the process of recruiting a consultant to conduct a preliminary study and determine the minimum wage criteria, in accordance with section 154 of the Labour Code. We understand that the Government has requested technical assistance but has refused to include the most representative trade union, the National Federation of Workers of Guinea-Bissau – Union Center (UNTG-CS), in the consultations planned, and its Secretary-General, Mr Júlio Mendonça, which constitutes a violation of freedom of association and of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

However, no additional information has been provided since then, and according to the observations of the trade union members, no further progress has been made. Therefore, the minimum wage-fixing machinery is still not operational, and wages continue to decrease.

We express our deep concern at the failure by the Government to comply with the requirements of the Convention and to set up an effective minimum wage-fixing machinery, and a lack of political will to guarantee decent wages for workers. The situation is becoming increasingly unsustainable for workers due to inflation and the rising cost of living, which is pushing them into poverty.

Furthermore, social dialogue continues to be difficult. We are deeply concerned at the continued hostility and attacks by the Government against the country’s independent trade union organization. The representative trade union, the UNTG, continues to be the subject of suspicions and open hostility by the Government.

We recall that, on 4 May 2023, the offices of the UNTG were attacked and forcibly taken over by individuals under the control and direction of the Government with the goal of replacing the democratically elected union leadership with a pro-government leadership. More generally, we are concerned about the current state of democracy, as Parliament has been suspended since December 2023.

Lastly, the Government has completely neglected to provide the information requested on this matter. This lack of reports is worrying. We observe that there are currently 20 outstanding comments by the Committee of Experts on several Conventions, including 11 from last year to which the Government has not replied. It therefore appears that the Government is completely neglecting its obligations to submit reports.

The workers of Guinea-Bissau are facing persistently low wages due to the failure by the Government to comply with the obligations under the Convention to implement minimum wage-fixing machinery. Furthermore, social dialogue continues to be difficult, with pressure put on the UNGT and its legitimate leadership.

We urge the Government to take the necessary measures to readjust the minimum wage for the public and private sectors without delay and with tripartite consultation. We urge the Government to fully recognize the UNTG and its leaders as the most representative trade union and to cease all hostile actions against them, so as to enable them to operate safely and independently as required by ILO standards.

We therefore join the call by the Committee of Experts on the Government to adopt all measures necessary to follow up on the conclusions of the Committee without delay, and to provide detailed information on the measures adopted in that respect.

Interpretation from Portuguese: Worker member, Guinea-Bissau – I am speaking on behalf of two trade union organizations: the UNTG and the General Confederation of Independent Trade Unions – Guinea-Bissau (CGSI-GB). I am the Secretary-General of the UNTG. I am a member of the central committee, which is part of the congress, and we participated in the fifth ordinary congress of the UNGT from 28 to 29 April 2023, and we adopted the decisions taken during the congress by means of a vote. After fulfilling our role, we decided to focus on two matters: firstly, the definition of the minimum wage; and secondly, an increase in the minimum wage for public servants, given that the situation of public servants is particularly drastic in terms of wages.

In 2023, we met on two occasions in the Standing Council to examine the matter under discussion. We furthermore completed work in 2023 through the two meetings that I just mentioned. We also met in 2024 with the trade unions and the Government. When I say trade unions, I am talking about the two trade union organizations that I am representing, the UNTG and the CGSI-GB.

At our last meeting in the Council with these representatives, we attempted to request the Government to take into account the policies of the social partners and the policy of the International Monetary Fund (IMF) and the World Bank. The two trade unions represented tried to reach a consensus with the World Bank and the IMF, with the aim that, by 2026 at the latest, the Government would increase the wages of public servants and that, before this date, there must be a definition of the minimum wage. And we have heard that there has been hostility against the UNTG, but this does not reflect the reality. There is no hostility within the UNGT. We are led by trade unionists. During the fifth congress of this organization, the new Secretary-General was publicly elected. It was following this election that the new Secretary-General took up his duties.

It has been said that there is an absence of dialogue between the social partners. This does not reflect the reality either, at least as far as we can see. When it comes to setting the minimum wage and increasing wages in the public sector, we have always focused on tripartite dialogue between the Government, employers and workers. We have always focused on this forum for consultation, this dialogue, which was absent over the past four years. Before that, between 2017 and 2022, this forum for dialogue did not function. Then, in 2023, when the new leadership assumed its duties, the forum for dialogue resumed and was reactivated. It is important, not only for settling disputes, but also for achieving consensus, in order to achieve social peace and genuinely deliver benefits for workers.

The forum for consultation and social dialogue continues to be operational, and we have forged a dialogue between the Government and the trade union confederations. And it is thanks to this dialogue that we are beginning to achieve results. We were able to reach consensus between the Government and the trade union confederations, in order to, by 2026 at the latest, increase the wages of public servants and determine the minimum wage.

We were also able to achieve the creation of a commission responsible for determining the minimum wage because the cost of living is increasing every day and the wages of public servants are very low. It is therefore essential for the Government to keep its promises and set a national minimum wage.

It should also be noted that there are disparities in the public service sector. On the one hand, there is a wage that has been defined more officially, and, on the other hand, there is a wage that has been defined more informally. Consequently, we consider that it is essential for the Government to assume its responsibilities regarding the fixing of the minimum wage in order to harmonize wages for public sector officials and for the private sector.

There is another essential element that was of concern to us. Here, we are talking about the public service and employees in the private sector. We have spoken about this. However, let us not forget that there are many migrant workers in our country and we therefore request the Government to define a policy on this matter, particularly with the National Social Security Institute.

Furthermore, we consider that it is important to standardize the information that we have on trade unions and employers – I am talking about the Chamber of Commerce – and on the Government, as we are all working towards a consensus for social peace. If there is no social peace, and in the light of the current economic situation, it is quite possible that the interests of workers will be overlooked. Without social peace, we are bound to have employment issues. If there is no production, the output will not match the expectations of workers and employers. Our philosophy is therefore to achieve social peace, to set ourselves the goal of obtaining responsible social dialogue and setting minimum wages for workers in the public and private sectors.

Furthermore, the CGSI-GB is treated unequally. We therefore request that this confederation be treated on an equal footing.

Another important point that we wish to make is that an ILO representative in Dakar in Senegal is interfering in our work and we therefore would like the ILO to ask its representative in Dakar not interfere in the work of trade unions. We have our own standards and do not want this representative to interfere in our internal affairs.

Moreover, it is true that trade union leaders do not have the necessary resources. They must therefore be provided with tools to build their capacities and respond to labour market requirements.

Employer member, Democratic Republic of the Congo – We fully endorse the comments of the Committee of Experts, which require no mitigation with regard to the Government of this sister country, and we vehemently deplore the Government's behaviour, which can be summarized as follows.

Already, the Committee of Experts had noted the discussion in this Committee, in June 2023, on the application of the Convention. In the light of the blatant violation of this Convention, not only Article 1 of the Convention has been violated, but the sister country Guinea-Bissau, which has ratified the Convention, should show its commitment to establishing machinery to set minimum wage rates for workers in sectors where there is no effective system for setting wages and also where wages are exceptionally low. Yet this is not the case. Moreover, in this country, the inflationary circumstances and increased cost of living make socio-economic life unsustainable for workers.

Furthermore, Article 3 of the Convention establishes that each Member which ratifies this Convention shall be free to decide the nature and form of the minimum wage-fixing machinery, and the methods to be followed in its operation. The Government therefore has an obligation, prior to implementing these methods, to consult the employers’ and workers’ representatives, and the representatives of the respective organizations. The employers and workers concerned should participate in the implementation of this minimum wage-fixing machinery. Furthermore, the minimum wage rates set must be mandatory for the employers and workers concerned. However, this is clearly not the case in our sister country. The Government is ignoring the aforementioned obligations under the Convention to which it is bound.

There is a lack of dialogue on this matter. What is more, the Government is using violence and threats against workers.

In this regard, we can share the experience of the Democratic Republic of the Congo, which provided for minimum wage-fixing machinery and the procedures for its application in a strictly tripartite framework, by means of Act No. 015/2002 of 16 October 2002 as amended by Act No. 16/010 of 15 July 2016 issuing the Labour Code, in sections 87, 94, 96 and 97, and bolstered by the Decree of 5 February 2006 establishing the operating procedures of the tripartite commission responsible for following up on the application of the guaranteed inter-occupational minimum wage, which has been amended. Furthermore, it not only adjusted the guaranteed inter-occupational minimum wage, but it also set a new one by means of the Decree of 30 May 2025 in accordance with the wage-fixing machinery provided for by our legislation. It therefore must be said that, in the Democratic Republic of the Congo, social dialogue is a living reality.

To conclude, we urge Guinea-Bissau, our sister country, to:

• accept assistance from the ILO to ensure genuine capacity-building for the tripartite constituents, especially regarding social dialogue. The Director-General of the ILO made a point of this at a recent Employers’ group meeting;
• establish the minimum wage-fixing machinery in close consultation with the social partners;
• review the minimum wage for both the public and private sectors.

Interpretation from Portuguese: Worker member, Portugal – I am speaking on behalf of the Confederation of Trade Unions of Portuguese-speaking Countries. We will begin by stating that this is a matter that we are discussing yet again, and we reiterate that the legitimate representatives of the UNGT have not been accredited by the Government as representatives at this Conference. Furthermore, the Government has still not taken any action to set a minimum wage that also applies to the private sector. The last time that this matter was discussed, in addition to setting minimum wages in consultation with the social partners, the Government was requested to strengthen social dialogue.

Regarding the increase in the minimum wage, the rise in the cost of living, inflation and the increase in the price of essential goods, it is now more urgent than ever to set a minimum wage. It is therefore incomprehensible that, since 1988, 37 years ago, the minimum wage has not been updated for the private sector, and the increase in the public sector is insufficient. Guinea-Bissau has ratified this Convention but has repeatedly failed to comply with it. Guaranteeing a minimum wage that enables the workers of Guinea-Bissau to meet their basic needs is essential.

As recognized by the acquis of the ILO, that is, the Declaration of Philadelphia, the minimum wage guarantees the participation of all in the progress of a country. It is for this reason that the minimum wage is essential for a fair distribution of wealth and the eradication of poverty.

According to recent reports received on wages, Guinea-Bissau is a low-income country. For example, between 2010 and 2019, the minimum wage in Guinea-Bissau decreased by 1.6 per cent, while productivity increased, clearly indicating that the wealth generated by workers is being confiscated and does not go to the majority of the population.

It is impossible to further strengthen social dialogue unless the UNGT’s claims are taken into account. The UNGT, as we have already stated, has been attacked and has not been included or recognized at this Conference.

As we said the last time that we were in this Committee, when this matter was addressed, the UNTG was invaded and occupied, and many of its members were persecuted and prevented from acting.

In recent years, we have witnessed persecution against the UNGT. The workers of Guinea-Bissau are therefore fighting for the improvement of their living standards and wages, while the Government is hindering the functioning of trade unions. We need to demand that the Government ensure that trade unions are able to freely determine their functioning and have sufficient freedom to act, and that their interests are defended.

In addition to the need to submit reports and information on the policies developed, we consider that it is urgent for the Government to set a minimum wage for all sectors, including the private sector, to ensure a genuine minimum wage increase that guarantees improved living conditions, and to respect the legitimately elected leadership of the UNTG, of which Júlio Mendonça is the Secretary-General, thereby complying with ILO standards and respecting the right of organizations to establish their bodies themselves.

Worker member, Botswana – I would like to express my deep concern regarding the failure by the Government to submit a report to the Committee of Experts. The failure undermines the work of the supervisory system.

Article 2 of the Convention provides that there be social dialogue and/or meaningful consultations with social partners before the minimum wage-fixing machinery is set in operation. Article 3 provides for equality within the machinery as the laws of the country may determine and, lastly, that the minimum wages set, be communicated to the parties and shall be binding. Very fundamental to this Convention is the redress where one has been wronged in terms of Article 4. All these Articles clearly demonstrate the importance of having a minimum wage-setting machinery in operation in a particular country. Ratifying this Convention in 1977, the Government of Guinea-Bissau was committing to ensuring that the rights in the Convention will be enjoyed by all workers. Sadly, this has never seen the light of the day.

We want to point out and emphasize that the transposition of Conventions into national legislation can only exist and function where there are proper legislation structures or bodies. And supreme to these structures in a democratic society, is parliament. In a representative democracy, parliament is bestowed with this responsibility to legislate in the interest of the citizens including the workers.

We note with regret the suspension of Parliament in Guinea-Bissau, in May of 2022, which was further extended in December of 2023 to date. The absence of Parliament further complicates and/or rather renders the processes of legislation non-existent in Guinea-Bissau. If this is not rectified, the workers of Guinea-Bissau will continue to suffer the effects of not having such a minimum wage machinery as there is no legislature at the moment. The Committee on Freedom of Association has pronounced that a system of democracy is fundamental for the free exercise of trade unions’ rights. This Committee must call for the return of democracy in Guinea-Bissau to facilitate the establishment of a machinery for minimum wage fixing.

The Committee of Experts has pointed out the devastating effects of the absence of a minimum wage-fixing machinery as they are observed by the International Trade Union Confederation (ITUC) in their report, and they need not to be overemphasized.

The Committee of Experts’ report further makes reference to the observed threats and use of violence on workers by the Government, on top of rising food prices and cost of living. These are far from being synonymous with democracy or any democratic society. All these are also exacerbated by the attitude of Government towards social dialogue and tripartite consultations, as once again observed by the ITUC. The Government continues to interfere in the affairs of the most representative workers’ federation, the UNTG, by refusing to recognize its leadership despite a court order that ruled in its favour.

We therefore urge and encourage the Government to rectify these situations and to ensure the return of Parliament and allow it to carry its full legislative mandate. This, in our view, will kick-start a fresh opening for legislation not only for the minimum wage-fixing machinery but for any other legislation that may be beneficial to the workers of Guinea-Bissau.

Government member, Eswatini – In June 2023, the Committee urged the Government of Guinea-Bissau to, among other things, ”review the minimum wage for the public and private sectors without delay, in consultation with the social partners, in accordance with the Convention”. The Committee further urged the Government to “strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice”. The Committee requested emphatically that the Government must consult and cooperate with freely established and independent workers’ and employers’ organizations, to ensure full compliance with the Convention.

There could be no genuine national tripartite consultation in an environment that is repressive and oppressive against independent trade unions. The right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining the conditions of eligibility of leaders or in conducting the elections for trade union leaders.

The reports of government interference in the leadership succession of the UNTG-CS points to a Government hell bent on choosing “sweetheart” trade union leaders. The legitimate leaders of the UNTG-CS were removed and are barred from accessing their offices by the security forces. The government supporters are illegally occupying the offices. The Committee on Freedom of Association requested the Government to take necessary steps to return the offices of the UNTG-CS to its legitimate leaders and to provide information on the follow-up given to the legal action brought by them. The Government remains defiant.

The setting of the minimum wages in consultation with freely established independent trade unions remain stalled.

To address these violations, we call on the Government to:

• 1. Protect union autonomy: publicly denounce and investigate government interference in union activities, such as the 2023 UNTG-CS office seizure, and uphold court rulings supporting legitimate union leadership.
• 2. Engage in dialogue: establish functional collective bargaining mechanisms, such as revitalizing the Standing Council on Social Cooperation, to address wage and working condition disputes.

Interpretation from Portuguese: Worker member, Spain – I am speaking on behalf of the Galician Inter-Union Confederation, which is part of the Confederation of Trade Unions of Portuguese-speaking Countries, to demand respect for the labour rights of workers in Guinea-Bissau, and of trade unionists such as Mr Mendonça.

Only two years ago, the Government was the subject of discussion in this Committee due to its failure to comply with the Convention, which Guinea-Bissau ratified in 1977. However, in the meantime, it has not taken into consideration the conclusions and requests of this Committee, with regard to the review of the national minimum wage, which has not been updated since 1988, consultation with the social partners and the cessation of repressive measures against those exercising their legitimate right to protest in response to this unjust situation.

We are talking about wages that have not been updated in the last 37 years, with neither increases nor decreases. This has occurred against a backdrop of an increased cost of living and inflation exacerbated by the changes to the country’s economy brought about by the adoption of the CFA franc as the official currency. This monetary system aimed at controlling the African colonies, which has been further reinforced by the changes in the world situation since the 1970s, with African countries encouraged to take on more debt, and following the imposition of the IMF’s structural adjustment programmes.

It is of the utmost importance to periodically adjust minimum wages to ensure that workers have a decent standard of living. As a result of this failure to comply, the data from Guinea-Bissau are truly concerning: 69 per cent of the population live below the poverty line; only 0.9 per cent receive at least one social protection benefit in the form of social assistance or social security; school enrolment and literacy figures remain precarious; and the minimum wage is among the lowest in the world, together with that of other African countries. This situation is taking place in a continental context in which, far from having set in motion a fair process of redress for Africa, neocolonial policies are being revived, and the plundering of African resources, the exploitation of cheap labour and the constant attacks on the sovereignty of their populations continue, regardless of the violation of their rights, as reflected in the recent report by the Office of the High Commissioner for Human Rights following a session held between 28 April and 9 May 2025.

According to international organizations, Guinea-Bissau, which was formerly the Kingdom of Kaabu, is one of the poorest countries in the world. Since its independence led by Amílcar Cabral, it has been the victim of major political and economic instability, plagued by conflict and coups d’état, which have hindered its development and democratic consolidation.

In the light of recent events, there does not seem to have been any positive change at the hands of the country’s authorities for now. The extensive training of which the current President boasts he received in several countries, including Spain, may have been effective in military matters, but not in terms of democratic values and human rights, as demonstrated by his decision to dissolve parliament, which is the legitimate representation of the population, in December 2023, and by the lack of a government programme or general state budget, in addition to all the repressive measures recently applied, with threats, violent attacks against protesters, arbitrary arrests and torture.

We therefore request this Committee to take the necessary measures to put an end to the repeated non-compliance by the Government, and to call for it to implement measures to decide the nature and form of the minimum wage-fixing machinery, and the methods to be followed for its application, with due consultation of the social partners. We also call for the cessation of repressive measures regarding the ILO Conventions and Guinea-Bissau’s national legislation, as provided for in the Freedom of Association Act, the Right to Strike Act and the legislation on the right to assemble and to protest.

Worker member, Nigeria – I am the Secretary-General of the Trade Union Congress of Nigeria and I speak on behalf of workers from West Africa under the umbrella of the Organisation of Trade Unions of West Africa (OTUWA). We appreciate the report of the Committee of Experts on this Convention. We wish to say that Guinea-Bissau is not alone in its situation of lacking a national minimum wage-fixing machinery. Therefore, we view the discussion of this Convention as an opportunity for GuineaBissau to make progress on this issue and for other economies, as members of this vital Organization, to learn from it, and also from some African countries like, Nigeria, my country.

We recognize and appreciate the importance of a minimum wage as a safeguard against wage poverty. No doubt, workers in Guinea-Bissau need the protection of a minimum wage as a safeguard against the exacerbation of rising poverty, occasioned by high unemployment and underemployment, as well as rising inflation, where the absence of minimum wage-setting machinery in Guinea-Bissau has increased the chances of workers being put back into poverty and hopelessness.

Guinea-Bissau, with a GDP per capita income of US$494 and an informal sector accounting for over 70 per cent of economic activity, faces structural challenges. They are compounded by political instability, weak adherence to the rule of law and the lack of statutory wage-setting machinery, especially for private sector workers.

In such a context, poverty alleviation becomes elusive. Wages serve as the first line of social protection, more so in communal societies like Guinea-Bissau, where a single income often supports an average of six dependants. Nigeria’s experience is instructive, although inflation has significantly eroded the real value of our minimum wage.

However, the existence of a national minimum wage-fixing mechanism allows for institutional responses to labour market pressure.

Trade unions have successfully negotiated a reduction in the statutory wage review period from five years to three years in Nigeria, helping to mitigate inflationary impact on workers’ earnings.

We urge the Government to move beyond the reoccurring excuse of awaiting consultancy reports and instead take decisive steps to adopt and adapt proven approaches already within its reach.

Similarly, the absence of the right to organize, collective bargaining and structured social dialogue in Guinea-Bissau continues to erode the space and ambience for development of a fair and decent national minimum wage.

A good wage regime is an incentive to boost good work harmony and increase the morale and productivity of workers.

Additionally, it will guarantee wages and stimulate consumption and encourage investors to undertake production, leading to hiring of more hands in the production process.

The direct and indirect socio-economic benefit of a national minimum wage should not be reduced to a narrow and pedestrian analysis of increases in production costs but instead should be viewed as a production boosting mechanism. We therefore urge the Government to develop a pragmatic action plan within a timeline towards the development of an establishment of a national minimum wage-fixing machinery. Considering that wages were last reviewed 37 years ago, the fact that the Government is defying this Committee’s conclusions is unacceptable.

As a result of the attack on trade union leaders, the wage-fixing machinery system has collapsed in Guinea-Bissau. This situation is unacceptable to all workers and needs to be addressed urgently.

Finally, I urge this honourable Committee to place the Government under a special paragraph.

Interpretation from Portuguese: Observer, International Trade Union Confederation (ITUC) – In 2023, the Committee examined for the first time the non-compliance of the Government of Guinea-Bissau with the Convention, ratified in 1977, with the last revision of the minimum wage introduced in 1988, through Decree No. 17 of 4 April.

However, the country adopted a new Labour Code through Act No. 7/2022 of 18 July, section 154 of which requires the executive authorities to set the wage at the national level in close cooperation with the social partners.

This legal requirement has not been given effect as private sector workers and retirees from the public administration receive remuneration that is never above €30 a month, which is less than the cost of 50 kilograms of rice, a staple food for the population.

The Labour Code requires effective collaboration with the social partners, yet this has not been the case, even though private sector wages are rarely above €30 a month, which is not enough to buy 50 kilograms of rice, the staple food of the population. Therefore, it has been 37 years since we last set a minimum wage. And since 2023, the recommendations of the Committee have not been implemented. The Government has received technical assistance, but it has not been taken into account.

Subsequently, in October 2024, the Committee on Freedom of Association, in Case No. 3448, continued to refer to this lack of a mechanism for workers, which calls into question the openness of social dialogue. Given this violation of trade union rights, as workers’ representatives, we have no choice but to continue to exert pressure, since, as the legitimate representatives of workers, we cannot abandon our demands. Priority must be given to dialogue with the social partners, and there must be no threat of persecution against trade union leaders, in violation of Act No. 8/91 of 3 October and Convention No. 87, which was ratified in 2023. A case in point: the Government, through the Ministry of the Interior, raided the offices of our trade union federation, showing no respect for the union offices, in particular that of the Secretary-General, and changed the locks to prevent us from having access to our offices, and replaced us with persons who do not recognize our leaders or our federation. Even after a final court ruling recognizing and legitimizing us as the representatives of the UNTG-CS and the workers of Guinea-Bissau, the executive authorities have still not seen fit to return our headquarters to us. Thus, in an attempt to silence us, the Government violated the principles established in Act No. 9/91 of 3 October by blocking the payment to workers of several months’ wages. There was also a violation of Act No. 3/92 to prevent us from participating in peaceful demonstrations.

The Government prevents such demonstrations by resorting to arbitrary detention and the torture of demonstrators, trade union leaders, and members of civil society, as was the case most recently on 25 May of this year. Parliament has not been functioning for two years, and the Government has not adopted any legal instrument to protect workers. As a result, we are suffering under extremely high living costs, and politicians are disregarding all this hardship.

Every year we submit complaints to the Credentials Committee regarding our exclusion from the Conference delegation, but these have never had any effect, despite all our efforts. Nevertheless, we reaffirm our determination to pursue the struggle and continue to count on your support.

None of the recommendations that were made have been taken into account. We therefore request that a special paragraph be included on Guinea-Bissau to address all these forms of oppression.

Interpretation from Portuguese: Government representative – It is the second time that the Guinea-Bissau Government is in this plenary to speak about the Convention. In June 2023, we discussed the Convention here in the Committee. And after that debate, the Government did not sit idly by. The Government received the recommendations and moved forward towards compliance and implementing the recommendations. In July 2023, the Government addressed a formal request to the ILO for technical assistance in the indication of a consultant for a study with a view to updating the minimum wage in the private sector.

While Guinea-Bissau, at the moment, does not have a functioning legislative body, which is the National People’s Assembly, it is interested in aligning itself with the guidelines of the ILO, so much so that it worked together with the consultant, with the representative organizations of the workers and with the representative organization of the employers.

We take note of the observations that we heard and want to highlight the following.

The Government does not interfere in trade union affairs. The Government noted that there is an internal issue of leadership within the UNTGCS, and this was overcome, and it was communicated to us by the General Secretariat of the UNTG-CS. They are our partners, so much so that we met with the representatives and the members of the UNTG-CS. Perhaps Mr Júlio Mendonça, as was mentioned earlier, has not participated in the meetings, but his comrades, colleagues of the union, have participated in several meetings with the Government, in which the social front, which is a new structure that agglomerates the unions of the education sector and the health sector, has also participated.

In regard to the violation of the right to strike and freedom of association, GuineaBissau ratified Convention No. 87. This shows it has interest in ensuring workers’ right to freedom of association.

The Labour Code also gives protection to freedom of association.

Many collective bargaining agreements in various economic sectors were reached. Since 2023, when the case of Guinea-Bissau was discussed, the Government has strengthened social dialogue, including the consultation mechanisms with the organizations of workers and employers, ensuring their independence and autonomy in law and practice.

There are two major trade unions in Guinea-Bissau that should be referenced. There is the UNTG-CS, which is the oldest, because it was the first to be created, but there is another one, which is the CGSI-GB, which many times has suffered discriminatory treatment in some activities that are carried out, in which they are not taken into account. The Government, in all its activities, invites both the UNTG and the CGSI-GB to be represented.

The Committee of Experts also requested a copy of the Labour Code, which was promptly sent in June 2023, with the Government’s request for assistance with the dissemination of the Code. This shows that the country is engaged, but the changes, the policies and their implementation are not made overnight. It is a process.

Two years ago, Guinea-Bissau was here to discuss this case. In fact, it is to be lamented that we took almost 40 years to discuss the update of the minimum wage, which was set in 1988. We are working, we are engaged, as I said.

We set social dialogue as a pillar for our Government, and we reached several agreements preventing strikes, mainly in the area of health and in the area of education. We are committed to workers’ working conditions and their safety.

The minimum wage system in Guinea-Bissau, as was referenced by several speakers, goes back to 1988. Since then, there was no update and we are working on it. The report made by the specialist, has already been taken up by the Government and presented to the social partners. There were consultations with the social partners and their involvement in this work.

In March 2021, through Decree No. 01/2001, the Government created the Standing Council on Social Cooperation. In other words, it institutionalized social dialogue and the permanent consultation between the Government and the main organizations of workers and employers in the country, always mentioning the UNTG and the CGSI-GB. The Council’s competencies include consultation on matters of labour policies, including the resolution of conflicts, to allow for indispensable structural changes to the modernization of our economy, which can thus be carried out in a concerted manner, in order to contribute to the definition and implementation of the socio-economic policies of the country.

The objective of this Standing Council on Social Cooperation is to promote and ensure that the voice of the interested parties, that is, of the organizations of employers and workers, is heard by the Government before the decisions are taken.

It is recommended that the definition of the new minimum wage, after the study that we carried out, cover, on the one hand, the needs of workers and their families, and on the other hand, the sustainability of the private sector.

If the minimum wage can contribute to the protection of the most vulnerable workers and to the fight against poverty, it would be counterproductive to establish a floor that goes beyond the payment capacity of the private and public sectors, as underlined in the Declaration of Philadelphia of 1944.

The Government has no problem with the UNTG-CS. In fact, in my first intervention, I requested the support of the UNTG-CS to help us overcome this problem that we see in the country. They are our partners, they are partners of development, they are partners that we want to work with.

It was said that the workers are persecuted in Guinea-Bissau. This does not correspond to the truth. The workers of Guinea-Bissau thought that they could strike and continue to receive their full salary.

The right to strike is a right that they have, but the employer also has the right to deduct the payment for the strike day. The union has to have a mechanism to be able to compensate for the strike day.

So, what happened is that the unions would strike and considered that they had the right to receive the full salary, which did not happen. They saw it as a form of repression by the Government, which is not true, as it is the law.

The absence is considered justified, but the Government cannot finance this. There is, at the moment, in Guinea-Bissau, a strike in the sectors of education and health. We are negotiating, there was even an intervention from the President of the Republic himself to try to have some social peace, because only with social peace can we create conditions for development, for the workers to work, for stability, for us to be able to advance. We ask the unions, the representatives of the workers, to have an open dialogue with the Government, and the employers too, so that we can see what is our reality, and within what is our reality, build bridges for us to be able to build and rebuild our country, which is a country that is already suffering, it is a country that, since its independence, has gone through consistent cycles of instability.

Indeed, Guinea-Bissau is interested in moving forward; we have the approved study, and we want to be able to make a simultaneous update of the private and public sector minimum wages, because the minimum wage value is extremely low. But we also have to acknowledge that Guinea-Bissau has an almost non-existent business sector.

So, we have to create conditions to improve the development of the country itself so that we can have salaries that can be at the same level as in other parts of the globe. But the Government reiterates its commitment, and I firmly believe that we will not go back to GuineaBissau being a case of discussion in this Committee about the Convention because we are aware that that this need is imperative.

We are operating with the expectation to hold elections at the end of the year, to have the legislative body in full operation so that we can have conditions to advance.

Worker members – We reiterate our concern about the Government’s persistent non-compliance with the requirements of the Convention by failing to establish effective minimum wage-fixing machinery and readjust minimum wage levels to ensure decent wages for its population. Concrete government action is long overdue. The Government must demonstrate its commitment to the principles and procedures established in the Convention. It is clear that no progress has been made since 2023.

The Government must urgently set up and maintain a proper mechanism to fix, regularly review and readjust minimum wages.

In accordance with Article 3 of the Convention, employers’ and workers’ representatives must be consulted before the machinery is applied and be associated in its operation, and a legitimate and freely elected representation of workers must be guaranteed in this process.

We note with regret that the interests of workers are being legitimately represented in neither Guinea-Bissau nor this Conference. We observe that the Worker member who spoke for Guinea-Bissau was not the true representative of workers in the country. We furthermore regret his attacks against the role of the ILO which is carrying out its mission in accordance with the standards established by this Organization.

We inform this Committee, once again, that the Worker members filed a claim before the Credentials Committee against the Government for interference in the nomination of genuine Workers’ delegates to the Conference.

We also refer to the 408th Report of the Committee on Freedom of Association, which was issued in October 2024, and which states: “the Committee expects that the Government will adopt the necessary measures to afford the leaders elected during the 2022 UNTG-CS congress full freedom to exercise their functions without any interference by the authorities”.

We therefore urge the Government to immediately cease its attacks against the UNGT and ensure that the UNTG and its legitimate leaders are able to fully and independently participate in social dialogue and be included in consultations on the operation of the minimum wage-fixing machinery.

The situation is serious and urgent.

We reiterate the request of the Committee on Freedom of Association for the Government to immediately adopt all necessary measures to follow up on the conclusions of this Committee without delay.

This means, firstly, reviewing the minimum wage for both the public and private sectors without delay, in accordance with the Convention.

Secondly, the Government must establish the minimum wage-fixing machinery in consultation with the social partners, with the aim of setting and regularly updating the minimum wage.

Thirdly and lastly, the Government must strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice.

The Government is also requested to provide detailed information on the measures adopted in this respect, including on the tripartite consultations that have taken place on the minimum wage.

In the light of the Government’s failure to address the Committee of Experts’ comments and to comply with the requests stemming from this Committee’s conclusions in 2023, as well as the worrying situation concerning social dialogue and the independence of trade unions, we strongly urge the Government to accept a high-level tripartite mission and to provide information to the Committee of Experts, by 1 September 2025 at the latest, on the measures adopted to implement the recommendations issued by our Committee.

We furthermore request the Government to fully respond to the various further requests made by the Committee of Experts that have not yet been addressed.

Employer members – The Employer members would like to thank all the speakers who have taken the floor. We also thank the Government for the information it has provided.

The Employer members wish to again urge Guinea-Bissau to finalize – pursuant to Article 3 of the Convention – the minimum wage-fixing machinery for its private sector. We have heard the plea of the Government here that more businesses participate in its formal economy.

The Employer members welcome that kind invitation and note that one effective manner to persuade businesses to participate in a formal economy is to develop and implement clear and predictable legal regimes, including those that flow from the Convention.

After full consideration of the comments made today and that were made previously as part of this record, we respectfully request that the Government:

• take the necessary measures to complete the machinery for fixing minimum wages in line with Articles 2 and 3 of the Convention;
• communicate, in line with Article 5 of the Convention, on the trades or parts of trades in which the minimum wage-fixing machinery has been applied, indicating the methods as well as the results of the application of the machinery, and the approximate number of workers covered; and
• engage in meaningful and constructive social dialogue and cooperate with the social partners on these issues now and indefinitely into the future.

We trust that the Government will implement such recommendations in a timely manner to achieve full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government and the discussion that followed.

The Committee deplored the fact that two years after concerns were raised regarding violent attacks against and intimidation of the independent trade unions, nothing has been done to address those concerns, noting that such attacks undermine the obligation and meaning of consultations under the Convention.

Taking into account the discussion, the Committee requested the Government, in consultation with the social partners, to take effective and time-bound measures to:

• guarantee, without further delay, the independence of the trade unions to enable them genuinely and effectively to represent their members;
• review the minimum wage for both the public and private sectors without further delay in accordance with the Convention;
• establish the minimum wage fixing machinery in order to fix and update the minimum wage on a regular basis;
• strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice;
• provide detailed statistical and other information on the measures taken in this regard, including on the tripartite consultations that have taken place on the minimum wage.

The Committee requested the Government to avail itself of technical assistance from the ILO and to provide a detailed report on the measures taken to implement the above recommendations in line with the Convention by 1 September 2025.