Documented violations - actual number of cases may be higher
Population:
10,000,000
Capital: Conakry
Capital: Conakry
Trade union members including several leaders received anonymous threatening phone calls during the period of political transition. In the mining sector, workers were threatened, suspended and prosecuted.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
The head of the junta, Captain Camara, victim of an assassination attempt which left him seriously injured, resigned in January and was replaced by General Konate. Despite violence during the second round of the presidential elections, promises of a free election were fulfilled. On the 21 December, Alpha Condé, the long-standing opposition candidate, was elected president. He called for reform of the army and the setting up of a “truth and reconciliation” commission for crimes committed since independence. If the mining resources are finally better exploited and well managed and workers are treated in accordance with the labour code, the enormous mining resources of the country should allow for an improvement in the population’s living conditions.
We would also like to mention the death of two trade union leaders, Ibrahima Fofana, General Secretary of the Union syndicale des travailleurs de Guinée (USTG), and Haja Magbit Bangoura. The two trade unionists and two journalists died in a car accident in April on their way to Fria for negotiations in a bauxite factory.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
10,000,000
Capital: Conakry
Capital: Conakry
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
While basic trade union rights are guaranteed, problematic areas exist in the law. Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework is recognised in both the Labour Code and in the new Constitution, which was adopted on 19 April 2010. While union officials are protected against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, the Labour Code fails to extend this protection to all workers. Workers enjoy the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , but the right is defined as a complete cessation of work for the purpose of vindicating professional claims. This definition excludes in principle industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. with an economic or a social dimension. Finally, compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation can be imposed in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, which are broadly defined to include transportation, hospitals, radio and television, and communications.
See Guide to the ITUC international trade union rights framework is recognised in both the Labour Code and in the new Constitution, which was adopted on 19 April 2010. While union officials are protected against anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, the Labour Code fails to extend this protection to all workers. Workers enjoy the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , but the right is defined as a complete cessation of work for the purpose of vindicating professional claims. This definition excludes in principle industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. with an economic or a social dimension. Finally, compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation can be imposed in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, which are broadly defined to include transportation, hospitals, radio and television, and communications.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is not protected in law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers' power to prevent or end a strike by referring the dispute to arbitration
- Employers can impose binding arbitration.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Compulsory arbitration can be imposed in essential services, which are broadly defined to include transportation, hospitals, radio and television, and communications.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
10,000,000
Capital: Conakry
Capital: Conakry
reported violations - 2011
Documented violations - actual number of cases may be higher
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
10,000,000
Capital: Conakry
Capital: Conakry
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Several trade unionists received threatening telephone messages: At one o’clock in the morning on 15 January, several trade unionists received threats on their mobile phones. The contents of the message were intended to exacerbate ethnic and religious tensions and constituted a direct threat to the trade unionists.
Strikers in the mining sector threatened and suspended:
Numerous social conflicts on the mining sites demonstrated once again that workers’ rights are not being properly respected by employers and the authorities. Serious problems continue to exist despite the authorities promises to pay more attention to the workers’ grievances and in particular that they will accelerate the revision of the national mining convention which is biased in favour of the mining companies.
However the vital importance of this sector for the country’s economy has often incited the authorities to support employers to the detriment of the workers. On 4 April, the Prime Minister, Jean-Marie Doré threatened to use force and to severely punish striking workers at the Friguia aluminium factory, part of the Russian Rusal group, even though the strikers maintained a minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework
during the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
The 25 August, the management of the Société minière de Dinguiraye (part of the Canadian Crew Gold Mining Group) suspended 223 workers. The company accused the workers of attacks on the freedom to work, public abuse, threats and detentions, accusations denied by the trade union leaders who denounce the deterioration of dialogue with management and in particular, a supervisor who slapped a worker. On 29 October, the Sigiri tribunal ruled on this complaint – of the 223 defendants, only two were found guilty but the employer has appealed. The 223 workers remain suspended as they wait for the next phase of judicial proceedings.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
10,000,000
Capital: Conakry
Capital: Conakry
reported violations - 2011
Documented violations - actual number of cases may be higher