Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Guinée

Convention (n° 118) sur l'égalité de traitement (sécurité sociale), 1962 (Ratification: 1967)
Convention (n° 121) sur les prestations en cas d'accidents du travail et de maladies professionnelles, 1964 [tableau I modifié en 1980] (Ratification: 1967)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 118 (equality of treatment, social security) and 121 (employment injury benefit) together in a single comment.

Legislative developments. The Committee notes the Government’s indication in its report that the draft Social Security Code and the Bill on social welfare institutions are under preparation with the involvement of the social partners. The Committee requests the Government to provide information on any progress achieved in relation to the revision of the Social Security Code and of other laws and regulations which give effect to the provisions of the Convention, and to provide copies of these texts when they have been adopted.

Articles 3(1) and 4(1) of Convention No. 118. Requirement of the residence of workers for entitlement to benefits. The Committee notes the information provided by the Government according to which entitlement to family allowances, maternity benefit and medical care is granted to all workers, irrespective of whether they are nationals or non-nationals, when they are resident in the country. Recalling that, in accordance with Article 4(1) of the Convention, equality of treatment shall in principle be accorded without any condition of residence, the Committee requests the Government to indicate the manner in which equality of treatment with nationals is ensured in respect of family allowances, maternity benefit and medical care for foreign nationals who are not resident in the country. The Committee also requests the Government to provide information on the requirements to obtain residency in Guinea in order to be eligible for the above benefits (for example, minimum period, permanent nature of residence and the supporting documents required).

Articles 7 and 8 of Convention No. 118. Maintenance of acquired rights and rights in course of acquisition and conclusion of social security agreements. The Committee notes the Government’s indication that, in July 2024, the National Social Dialogue Council (CNDS), with the collaboration of the ILO Subregional Office in Dakar, organized a preparatory tripartite awareness-raising workshop for the Government and the social partners on the implementation of the General Convention on Social Security of the Economic Community of West African States (ECOWAS). A subregional meeting was planned in this connection in September 2024 to discuss the portability of contributions. The Committee also notes that Guinea adhered in June 2023 to the treaties of the Inter-African Conference on Social Welfare (CIPRES), which uphold the principle of the maintenance of acquired social security rights and rights in course of acquisition of their nationals, notwithstanding the movement of protected persons in the territories of the Contracting Parties. The Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure the maintenance of the acquired rights or rights in course of acquisition of the nationals of Members for which the Convention is in force.

Article 4(1) of Convention No. 121. Protection of public officials and their families. The Committee notes that, in accordance with section 20 of Act No. L/2019/0027/AN, of 7 June 2019, issuing the General Regulations governing State officials, they benefit from social protection for occupational risks under the conditions set out by law. The Committee also notes the Government’s indication that, in practice, the medical coverage of public officials and retirees has been implemented and has been effective since 7 August 2024. The Committee requests the Government to indicate the provisions of laws or regulations which provide for medical care and cash benefits for public officials and their families in the event of employment injury, as envisaged in section 20 of Act No. L/2019/0027/AN.

Article 8 of Convention No. 121. Schedule of occupational diseases. The Committee notes with interest the Government’s indication that the schedule of occupational diseases is currently being drawn up with the technical assistance of the ILO and the participation of the social partners. The Government adds that this draft text is awaiting examination by the technical validation workshop and the advisory labour and social legislation commission with a view to its adoption. The Committee requests the Government to provide information on any progress achieved in the adoption of the schedule of occupational diseases and to provide a copy once it has been adopted.

Articles 19 and 20 of Convention No. 121. Rate of benefits. The Committee notes sections 54 and 55 of Act No. L/94/006/CTRN, of 14 February 1994, issuing the Social Security Code, in relation to the calculation of benefits in the event of temporary incapacity, invalidity and death of the family breadwinner. The Committee notes this information, which responds to its previous request.

Article 21 of Convention No. 121. Review of the rates of cash benefits of employment injury pensions. The Committee notes the Government’s indication that the order on the review of employment injury pensions, which will be envisaged in the new Social Security Code, will be provided to the Office once it has been adopted. The Committee hopes that the order will be adopted in the near future within the context of the revision of the Social Security Code and requests the Government to provide information on any progress achieved in this regard.