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

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.

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

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.

Article 5 of Convention No. 118. Payment of benefits abroad. The Committee notes the Government’s indication in its report that old-age and survivors’ benefits, death grants and employment injury pensions are only paid if the insured person is a resident in the country. The Government adds that section 215 of the draft Social Security Code provides for the adoption of reciprocity agreements with other countries, particularly for the transfer of the rights of migrant workers. The Committee also observes that, according to the Government’s indications, Guinea adhered in June 2023 to the treaties of the Inter-African Conference on Social Welfare (CIPRES), which are intended to maintain acquired social security rights in the event of residence on the territory of another Contracting Party.

The Committee recalls that, under the terms of Article 5 of the Convention, each Member shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to take the necessary measures, particularly in the context of the revision of the Social Security Code, to ensure the provision of the above benefits abroad to nationals of Guinea and to nationals of Member States that have ratified and accepted the same branch of the Convention, including in the absence of bilateral or multilateral agreements.

Articles 6 and 10 of Convention No. 118. Payment of benefits to families. The Committee notes the absence of specific information in the Government’s report concerning the Committee’s previous request to ensure the provision of family allowances to insured persons whose children are resident abroad, as provided for in Articles 6 and 10 of the Convention. The Committee once again urges the Government to take the necessary measures to ensure the provision of family allowances to insured persons, whether they are nationals of Guinea or nationals of States which have accepted the obligations of the Convention for branch (i) (family benefit) of Article 2(1), whose children are resident on the territory of one of these States, as well as to refugees and stateless persons, without any condition of reciprocity.

Article 22(2) of Convention No. 121. Provision of employment injury benefit to dependants. The Committee observes, according to the Government’s indication, that the new Social Security Code provides for the adoption of a decree setting out the cases and the limits within which, in the event of the suspension of employment injury benefit, part of the benefit shall be provided to the dependants of the beneficiary. The Government indicates that the decree will be provided to the Office once it has been adopted. The Committee hopes that the decree 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.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard within the context of the revision of the Social Security Code.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4(1) of the Convention. Protection of public officials and their families. The Committee notes the two implementing decrees of Act No. L/2001/028/AN/2001 issuing the General Public Service Regulations, establishing the National Social Insurance Fund for State Officials (D/2014/063/PRG/SGG) and creating a National Institute of Compulsory Health Insurance (D/2014/063/PRG/SGG), provided by the Government in reply to its previous request. However, the Committee notes that these decrees do not contain any specific provisions giving effect to the Convention. The Committee therefore requests the Government to provide information on the protection provided in national law and practice to State officials and employees in the event of employment injury and to provide a copy of the provisions and legislative texts adopted in this respect.

Article 8. Occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that, while awaiting the finalization of the process of revising the list of occupational diseases of 1992, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, remains the reference framework used in the Republic of Guinea. The Committee takes due note of this information and requests the Government to report any legislative developments concerning the updating of the list of occupational diseases of 1992, and recalls the requirements of Article 8 of the Convention in this regard.

Articles 19 and 20. Rate of benefits. In its previous comments, the Committee requested the Government to provide the statistical data requested in the report form, which is necessary to determine whether the rate of the benefits paid in the event of temporary incapacity, permanent incapacity or the death of the breadwinner attains the minimum level prescribed by the Convention, with an indication of whether Article 19 or Article 20 of the Convention has been used in this regard. In the absence of a reply from the Government on this subject, the Committee reiterates its request to the Government for the above information and reminds it of the possibility of availing itself of ILO technical assistance for this purpose.

Article 21. Review of the rates of employment injury pensions. The Committee once again requests the Government to provide a copy of the ministerial order envisaged in section 92 of the Social Security Code to establish the procedures for reviewing employment injury pension rates.

Article 22(2). Provision of employment injury benefit to dependants. In its previous comments, the Committee noted that, under the terms of section 91 of the Social Security Code, a decree shall set out the cases and limits within which, in the event of the suspension of employment injury benefits, part of these benefits are to be provided to the dependants of the beneficiary. The Committee once again requests the Government to indicate whether the decree has been adopted and to provide a copy.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Articles 3(1) and 4(1) of the Convention. Condition of the residence of workers for entitlement to benefit. In its previous comments, the Committee requested the Government to clarify the manner in which entitlement to medical care, maternity benefit and family benefit is accorded to persons covered by the general social security scheme, particularly where they are not covered by the Economic Community of West African States (ECOWAS) General Convention on Social Security. The Committee notes that section 4(1) of the Social Security Code provides that all workers governed by the Labour Code are covered by the general social security scheme and that the Labour Code applies to all contracts performed on the national territory, irrespective of where the contract was concluded and the place of residence of either party to the contract (section 121(7) of the Labour Code, the Act of 10 January 2010). However, entitlement to family benefits, including family allowances and daily maternity benefits (sections 93 and 94(1) of the Social Security Code), and entitlement to health care (section 109(2) of the Social Security Code), is only granted to workers who are resident on the national territory. The Committee requests the Government to indicate whether the residence condition set out in the above sections of the Social Security Code for entitlement to family allowances, maternity benefit and health care, applies to all workers, irrespective of whether or not they are nationals, and particularly to nationals of other Member States for which the Convention is in force, in accordance with Articles 3(1) and 4(1) of the Convention.

Articles 5, 7 and 8. Provision of benefits abroad, maintenance of acquired rights and rights in course of acquisition and conclusion of social security agreements. In its previous comment, the Committee noted the conclusion in 2012 of the ECOWAS General Convention on Social Security based on the principles established by ILO Conventions on equality of treatment and the maintenance of acquired rights and rights in course of acquisition with the objective, among others, of ensuring the effective coordination of social security systems so that migrant workers who have worked in one of the ECOWAS Member States can exercise their right to social security in their country of origin. The Committee requests the Government to indicate the specific progress made in the implementation of the ECOWAS General Convention on Social Security, particularly in relation to the coordination of the social security schemes of the countries that are parties to that Convention.

The Committee also requests the Government to provide information on any measures adopted or envisaged, and particularly the conclusion of any other multilateral or bilateral agreements, with a view to ensuring:

• - the maintenance of acquired rights and rights in course of acquisition with Members for which the Convention is in force and which are not ECOWAS Member States in relation to old-age benefits, survivors’ benefits and death grants, and employment injury pensions, in accordance with Articles 7 and 8 of the Convention; and
• - the provision of the above benefits abroad to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention in respect of the same branches of social security, in accordance with Article 5 of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Article 5 of the Convention. Payment of benefits abroad. In its previous comments, the Committee noted the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims to enable migrant workers who have worked in one of the 15 ECOWAS Member States to exercise their right to social security in their country of origin through the coordination of national social security systems, while noting that Cabo Verde was however the only other ECOWAS Member State that had ratified Convention No. 118. The Committee recalls that, under the terms of Article 5(1), Guinea is under the obligation to guarantee the provision of old-age benefits, survivors’ benefits and death grants, and employment injury pensions to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of these branches, when they are resident abroad. The Committee requests the Government to indicate whether, as provided in section 91 of the Social Security Code, issued by Act No. L/94/006/CTRN of 14 February 1994, the provision of the above benefits is guaranteed in practice to nationals of other States that are parties to the Convention which have accepted the same branches, when they are resident abroad. In this regard, the Committee once again requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund and to indicate whether procedures are also envisaged in the case of residence in a third country. The Committee also once again requests the Government to indicate whether Guinea nationals who transfer their residence abroad can also receive their benefits abroad, in accordance with Article 5 of the Convention.

Articles 6 and 10. Payment of benefits to families. With reference to the comments that it has been making for many years concerning the provision of family allowances to workers whose children are resident abroad, the Committee noted in its previous comment that, under the terms of section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Organization, reciprocal agreements or bilateral or multilateral agreements. The Committee recalls that, in accordance with Article 6 of the Convention, any State which has accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. Article 10(1) of the Convention also provides that the provisions of the Convention apply to refugees and stateless persons without any condition of reciprocity.

In the absence of updated information at its disposal on this matter, the Committee once again requests the Government to indicate whether family benefit is also provided for insured persons who are up to date with their contributions, whether they are nationals of Guinea or of States which have accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), whose children are resident on the territory of one of the States that has ratified the Convention and accepted the obligations for the same branch, in accordance with Article 6 of the Convention, as well as to refugees and stateless persons without any condition of reciprocity, as provided in Article 10(1) of the Convention. The Committee also reiterates its request to the Government to provide information on the manner in which, in such cases, the lifting of the condition of residence in accordance with the above provisions of the Convention is harmonized in practice with the application of section 99(2) of the Social Security Code, which only recognizes as dependent those children who live with the insured person, and with section 101, under which the provision of family allowances is subject to an annual medical examination of the child, up to the age at which the child comes under the school medical service and the care provided to those attending educational or vocational training courses.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with interest the report sent by the Government after a long period in which the Committee had been obliged to repeat its previous comments on account of a lack of available information on the manner in which the Convention was applied in the country.

Article 4 of the Convention. Protection of civil servants and their families. The Committee notes with interest the recent adoption of two decrees implementing Act No. 028/AN/2001 issuing the General Civil Service Regulations, the object of which is to establish a national social welfare fund for public employees and a national institute for compulsory health insurance. The Committee requests the Government to send a copy of the aforementioned decrees with its next report so that the Committee can evaluate them in the light of the requirements of the Convention.

Article 8. Occupational diseases. The Government indicates that the list of occupational diseases adopted in 1992 is currently being revised by a tripartite commission. It also indicates that, in practice, the list contained in the Annex to the List of Occupational Diseases Recommendation, 2002 (No. 194), revised in 2010, is applicable. While taking due note of this information and welcoming the fact that, in practice, Recommendation No. 194 constitutes the reference framework used, the Committee hopes that the Government will soon be in a position to finalize the process of revising the 1992 list of occupational diseases and that it will send a copy of the new list in force in the country.

Article 15(1). Lump-sum benefits. The Committee notes that the Social Security Code lays down the principle, in accordance with the requirements of the Convention, of employment injury benefits being paid in the form of periodical payments. Under section 77 of the Social Security Code, incapacity benefit is paid as a lump sum only where the degree of incapacity is less than 15 per cent, which is in line with the requirements of the Convention.

Articles 19 and 20. Amount of benefits. The Government refers in its report to all employment injury benefit payments made on a quarterly basis. However, the Committee once again requests the Government to supply with its next report the statistical information requested in the report form which the Committee needs to determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity or death of the breadwinner, attains the minimum level prescribed by the Convention, indicating whether Articles 19 or 20 of the Convention were referred to in this regard. It reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Article 21. Review of employment injury benefit rates. The Committee notes the information supplied by the Government relating to the review of employment injury benefit rates, particularly the provisions of section 92 of the Social Security Code and decisions of the National Social Security Fund relating to the periodic review of benefit rates and pensions with reference to the average level of earnings in the country, in accordance with the requirements of the Convention. The Committee requests the Government to send a copy of the ministerial order provided for by section 92 of the Social Security Code for establishing the procedures for reviewing benefit rates.

Article 22(2). Payment of employment injury benefits to dependants. The Committee notes that, under section 91 of the Social Security Code, the cases and the limits in which, in the event of suspension of employment injury benefits, part of these benefits is paid to the dependants of the person concerned must be established by decree. The Committee requests the Government to indicate whether the aforementioned decree has been adopted and, if so, to send a copy of it with the next report.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1), of the Social Security Code). Moreover, under section 109(2) of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further with regret notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91(1) and (2) of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of the Convention for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of the Convention any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99(2) of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Articles 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1), of the Social Security Code). Moreover, under section 109(2) of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91(1) and (2) of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of the Convention for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of the Convention any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99(2) of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Articles 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family allowances. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22(2). Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read in conjunction with Article 4, paragraph 1). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family allowances. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8 of the Convention. Occupational diseases. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15, paragraph 1 Conversion of periodical payments into a lump sum. In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. Amount of benefits. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. Review of employment injury benefit rates. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22, paragraph 2. Payment of employment injury benefits to dependants. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

Article 15(1). In accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has once again not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule II of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee asks the Government to provide a copy of the list of occupational diseases revised in 1992, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. In the absence of the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention, the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret and concern that the Government’s report has not been received for the fourth consecutive year. It must therefore repeat its previous observation, which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with deep regret that for the sixth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received for the third consecutive year. It must therefore repeat its previous observation which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that for the fifth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request, which read as follows:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that for the fourth consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows.

        With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

        Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

        Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

        Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows.

        With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

        Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

        In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

        Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that for the third consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        1. Article 8 of the Convention. The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

        2. Article 15(1). In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

        3. Articles 19 and 20. The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

        4. Article 21. In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

        5. Article 22(2). The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

        6. The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

        7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

1.  Article 8 of the Convention.  The Committee notes with interest the Government’s statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2.  Article 15(1).  In answer to the Committee’s previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3.  Articles 19 and 20.  The Committee notes the Government’s reply. It notes however that the Government’s report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government’s choice.

4.  Article 21.  In answer to the Committee’s comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government’s next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5.  Article 22(2).  The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6.  The Committee notes the Government’s statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7.  Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor's benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor's benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents in the Republic of Guinea. The Committee observes that as regards branches (a) medical care, (c) maternity benefit, and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government's previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d'Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention -- with which there are migratory flows -- with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. The Committee notes with interest the Government's statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force. 2. Article 15, paragraph 1. In answer to the Committee's previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person. 3. Articles 19 and 20. The Committee notes the Government's reply. It notes however that the Government's report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government's choice. 4. Article 21. In answer to the Committee's comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government's next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention. 5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention. 6. The Committee notes the Government's statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report. 7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government on the progress achieved in the conclusion of a bilateral social security agreement with Mali and the discussions held with the institutions in Senegal, Côte d'Ivoire and Morocco (States which have not, however, ratified the Convention). The Committee would be grateful if the Government would supply information in future reports on the progress achieved in the conclusion of new social security agreements with other member States concerned, which are bound by the Convention and with which there are migratory flows, with a view to participating in a system for the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Articles 7 and 8 of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. In reply to the Committee's previous comments, the Government states that the draft text of the Social Security Code which was revised with the technical assistance of the ILO, will give full effect to the provisions of the Convention when it is adopted. The Committee takes due note of this information. It hopes that it will be possible to adopt in the near future the above text of the Social Security Code and that, when adopted, it will give full effect to Article 5 of the Convention, under which the provision of old-age benefits, survivors' benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreement with such country, both to nationals of Guinea as also to nationals of any other State which has accepted the obligations of the Convention in respect of the corresponding branch. The Committee requests the Government to supply information on the progress made in this respect. Article 6. The Committee hopes that the above draft text of the Social Security Code will also make it possible to give effect to Article 6, under which any State which has accepted the obligations of the Convention in respect of "family benefit" (branch (i)) must guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of the Convention for that branch, as well as to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

TEXT The Committee hopes that the Government will make every effort to take the necessary action in the very near future. It draws the Government's attention to the availability of technical assistance from the Office.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government on the progress achieved in the conclusion of a bilateral social security agreement with Mali and the discussions held with the institutions in Senegal, Côte d'Ivoire and Morocco (States which have not, however, ratified the Convention). The Committee would be grateful if the Government would supply information in future reports on the progress achieved in the conclusion of new social security agreements with other member States concerned, which are bound by the Convention and with which there are migratory flows, with a view to participating in a system for the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Articles 7 and 8 of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. In reply to the Committee's previous comments, the Government states that the draft text of the Social Security Code which was revised with the technical assistance of the ILO, will give full effect to the provisions of the Convention when it is adopted. The Committee takes due note of this information. It hopes that it will be possible to adopt in the near future the above text of the Social Security Code and that, when adopted, it will give full effect to Article 5 of the Convention, under which the provision of old-age benefits, survivors' benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreement with such country, both to nationals of Guinea as also to nationals of any other State which has accepted the obligations of the Convention in respect of the corresponding branch.

The Committee requests the Government to supply information on the progress made in this respect.

Article 6. The Committee hopes that the above draft text of the Social Security Code will also make it possible to give effect to Article 6, under which any State which has accepted the obligations of the Convention in respect of "family benefit" (branch (i)) must guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of the Convention for that branch, as well as to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments the Committee notes the information supplied by the Government in its report. It wishes to draw the Government's attention to the following points.

1. Article 8 of the Convention. The Committee notes with interest the Government's statement that in 1992 the National Social Security Fund together with the National Occupational Medicine Service revised the list of occupational diseases, increasing it from 13 to 29 items, thus aligning it with the list appended to Schedule 1 of the Convention, as amended in 1980. The Committee asks the Government to provide a copy of the list, indicating whether it is now in force.

2. Article 15, paragraph 1. In answer to the Committee's previous comments, the Government indicates that, in accordance with the provisions of section 111 of the Social Security Code, periodical payments for employment injury are converted into a lump sum when the permanent incapacity is at most equal to 10 per cent. The Committee recalls, however, that its comments concerned the possibility of converting the benefit granted in the event of employment injury in the circumstances provided for in sections 114 (conversion after expiry of a five-year period) and 115 of the Social Security Code (conversion into a lump sum of part of the periodical payment at the request of the person concerned). The Committee again expresses the hope that the necessary measures will be taken to ensure that in all these cases periodical payments may be converted into a lump sum only in exceptional cases and with the consent of the victim where the competent authority has reason to believe that the lump sum will be utilized in a manner which is particularly advantageous for the injured person.

3. Articles 19 and 20. The Committee notes the Government's reply. It notes however that the Government's report does not contain the statistical information requested which the Committee needs so that it can determine whether the amount of benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner, reaches the level prescribed by the Convention. In these circumstances the Committee once again asks the Government to indicate whether it avails itself of Article 19 or of Article 20 of the Convention in establishing that the percentages required by Schedule 2 of this instrument have been reached, and to provide the statistical information required by the report form adopted by the Governing Body under Article 19 or 20, depending on the Government's choice.

4. Article 21. In answer to the Committee's comments, the Government states that it has increased the benefits so as to ensure better coverage for victims of occupational accidents; furthermore, studies are under way with a view to a further increase in order to take fuller account of the economic context. The Committee notes this information. In view of the importance it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government's next report will contain information on the amount of the increases already established and that it will not fail to provide all the statistics required by the report form under this Article of the Convention.

5. Article 22, paragraph 2. The Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that, in all cases where employment injury benefits are suspended and particularly in the cases provided for in sections 121 and 129 of the Social Security Code, part of these benefits will be paid to the dependants of the person concerned in accordance with the provisions of this Article of the Convention.

6. The Committee notes the Government's statement that the provisions of the Conditions of Service of the Public Service give public servants and their families full satisfaction as regards social coverage. It once again asks the Government to provide the text of the provisions of the above Conditions of Service dealing with compensation for employment injury with its next report.

7. Lastly, the Committee asks the Government in its future reports to provide information on any progress made in the revision of the Social Security Code, to which the Government referred previously.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6, 7 and 8 of the Convention. The Committee notes the Government's statement that, through the National Social Security Fund, Guinea has signed an agreement with the Social Security Fund of the Republic of Mali (which has not ratified the Convention) and that negotiations are under way with other countries with a view to concluding bilateral social security agreements. It therefore hopes that the Government will be in a position to provide information in its next report on progress made regarding the conclusion of new social security agreements with other member States concerned which are bound by the Convention, and with which there are migration flows, with a view to ensuring, in particular, that effect is given to these provisions of the Convention and, especially, to participating in a system for the maintenance of acquired rights and rights in the course of acquisition, in accordance with the provisions of Articles 7 and 8.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in March 1991 and January 1992, that the draft Social Security Code prepared with ILO technical assistance, which should make it possible for effect to be given to Article 5 of the Convention (the provision of certain benefits abroad), has been submitted to the Council of Ministers for approval and should be adopted very shortly. The Committee also notes the Government's statement that, pending the adoption of provisions to facilitate the payment of benefits abroad, currently a lump sum equivalent to 36 months' wages and freely convertible into foreign currency is paid locally. In this connection, the Committee wishes to draw the Government's attention to the fact that the payment of a lump sum in the event of transfer of residence abroad, instead of periodic payments, is not fully consistent with Article 5 of the Convention which provides for the payment of the benefits concerned when the beneficiary resides abroad, and not their conversion into a lump sum. The Committee therefore hopes that the draft Social Security Code will be adopted shortly and that it will contain provisions which explicitly give effect to Article 5 of the Convention. It asks the Government to provide information on progress made in this respect, and on any measures taken to ensure the application of this provision of the Convention in practice, regardless of the existence of any legislation on foreign exchange control. Article 6. The Committee hopes that the draft Social Security Code mentioned above will also ensure the application of Article 6 of the Convention under which each State which has accepted the obligations of this Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of this Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that, according to the information provided by the Government, the draft Social Security Code contains a number of provisions which enable effect to be given to the Convention. The Committee hopes that the new Social Security Code and the regulations issued under it will be adopted shortly and that they will ensure full effect to be given to the provisions of the Convention, particularly with regard to the following Articles which have been the subject of the Committee's comments for many years: Article 8 (List of occupational diseases); Article 15, paragraph 1 (Conversion of periodical payment into a lump sum); Article 22, paragraph 2 (Payment of part of the cash benefit to dependants in the event of suspension of the benefit). 2. Articles 19 and 20. The Committee takes note of certain statistical data provided by the Government. It observes, however, that the data are not sufficient to determine whether the amounts of the benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner (taking into consideration the family allowances paid before and, where appropriate, during the contingency) attain the level prescribed by the Convention. It therefore asks the Government to indicate whether recourse is had to Article 19 or to Article 20 of the Convention to establish that the percentages required by schedule II of this instrument are attained, and to provide the statistical information required by the report form adopted by the Governing Body, under Articles 19 or 20, according to the choice made. 3. Article 21. In its previous comments, the Committee asked the Government to supply information on the measures taken to ensure application of this provision of the Convention, which provides that the rates of cash benefits currently payable in respect of industrial accidents and occupational diseases shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Given the importance it attaches to the adjustment of benefits, particularly in the present general economic situation, the Committee hopes that the Government will not fail to include the information requested in its next report, particularly the statistics required by the report form under this Article of the Convention. 4. Lastly, the Committee asks the Government to provide the texts of any law or regulations concerning compensation for industrial accidents and occupational diseases for public servants coming under the public service rules and who are not covered by the general social security system.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 6, 7 and 8 of the Convention. The Committee notes with interest the Government's statement that, through the National Social Security Fund, Guinea has signed an agreement with the Social Security Fund of the Republic of Mali (which has not ratified the Convention) and that negotiations are under way with other countries with a view to concluding bilateral social security agreements. It therefore hopes that the Government will be in a position to provide information in its next report on progress made regarding the conclusion of new social security agreements with other member States concerned which are bound by the Convention, and with which there are migration flows, with a view to ensuring, in particular, that effect is given to these provisions of the Convention and, especially, to participating in a system for the maintenance of acquired rights and rights in the course of acquisition, in accordance with the provisions of Articles 7 and 8.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 5 of the Convention. With reference to its previous comments, the Committee notes with interest the information supplied by the Government in its reports received in March 1991 and January 1992, that the draft Social Security Code prepared with ILO technical assistance, which should make it possible for effect to be given to Article 5 of the Convention (the provision of certain benefits abroad), has been submitted to the Council of Ministers for approval and should be adopted very shortly.

The Committee also notes the Government's statement that, pending the adoption of provisions to facilitate the payment of benefits abroad, currently a lump sum equivalent to 36 months' wages and freely convertible into foreign currency is paid locally. In this connection, the Committee wishes to draw the Government's attention to the fact that the payment of a lump sum in the event of transfer of residence abroad, instead of periodic payments, is not fully consistent with Article 5 of the Convention which provides for the payment of the benefits concerned when the beneficiary resides abroad, and not their conversion into a lump sum. The Committee therefore hopes that the draft Social Security Code will be adopted shortly and that it will contain provisions which explicitly give effect to Article 5 of the Convention. It asks the Government to provide information on progress made in this respect, and on any measures taken to ensure the application of this provision of the Convention in practice, regardless of the existence of any legislation on foreign exchange control.

Article 6. The Committee hopes that the draft Social Security Code mentioned above will also ensure the application of Article 6 of the Convention under which each State which has accepted the obligations of this Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of this Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that a draft Social Security Code has been formulated giving complete effect to the Convention. It notes that by virtue of section 91(3) of the above draft, benefits are neither withdrawn nor suspended for the nationals of countries that have ratified the Convention. It requests the Government to inform it of any progress achieved in the adoption of the above draft. However, the Committee notes that the Government supplies no information on the application of the legislation respecting exchange controls which appears to restrict the payment of benefits in case of residence abroad. It therefore requests the Government once again to indicate the impact of this legislation on the payment of benefits when the beneficiary resides abroad, and to indicate the extent to which, and the number of cases in which, beneficiaries have not been able to obtain payment of these benefits abroad. The Committee also requests the Government to state in its next report the measures that have been taken to give full effect to the Convention in both law and practice, irrespective of the existence of any legislation regarding exchange controls. Article 6. The Committee notes that the report does not contain any reply to its previous comments. However, it notes with interest that the draft Social Security Code removes, in section 94(1), the requirement of residence in respect of children that is provided in section 38 of the Social Security Code currently in force in order to qualify for entitlement to family allowances. The Committee hopes that the draft Social Security Code will be adopted shortly. The Committee once again requests the Government to inform it of the outcome of the consultations referred to previously by the Government that have been commenced with countries in the subregion for the negotiation of bilateral agreements concerning the social insurance of migrant workers. It once again expresses the hope that the Government will endeavour to conclude agreements with the other member States concerned which have accepted the obligations of the Convention in respect of the family benefits branch in cases where migrations of the type contemplated by Article 6 exist with those States.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 5 of the Convention. With reference to its previous comments, the Committee notes with interest the Government's statement that a draft Social Security Code has been formulated giving complete effect to the Convention. It notes that by virtue of section 91(3) of the above draft, benefits are neither withdrawn nor suspended for the nationals of countries that have ratified the Convention. It requests the Government to inform it of any progress achieved in the adoption of the above draft.

However, the Committee notes that the Government supplies no information on the application of the legislation respecting exchange controls which appears to restrict the payment of benefits in case of residence abroad. It therefore requests the Government once again to indicate the impact of this legislation on the payment of benefits when the beneficiary resides abroad, and to indicate the extent to which, and the number of cases in which, beneficiaries have not been able to obtain payment of these benefits abroad. The Committee also requests the Government to state in its next report the measures that have been taken to give full effect to the Convention in both law and practice, irrespective of the existence of any legislation regarding exchange controls.

Article 6. The Committee notes that the report does not contain any reply to its previous comments. However, it notes with interest that the draft Social Security Code removes, in section 94(1), the requirement of residence in respect of children that is provided in section 38 of the Social Security Code currently in force in order to qualify for entitlement to family allowances. The Committee hopes that the draft Social Security Code will be adopted shortly. The Committee once again requests the Government to inform it of the outcome of the consultations referred to previously by the Government that have been commenced with countries in the subregion for the negotiation of bilateral agreements concerning the social insurance of migrant workers. It once again expresses the hope that the Government will endeavour to conclude agreements with the other member States concerned which have accepted the obligations of the Convention in respect of the family benefits branch in cases where migrations of the type contemplated by Article 6 exist with those States. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its earlier comments, the Committee takes note of the information provided by the Government, concerning in particular Article 25 of the Convention.

2. The Committee also notes with interest that, according to the information provided by the Government, the draft Social Security Code contains a number of provisions which enable effect to be given to the Convention. The Committee hopes that the new Social Security Code and the regulations issued under it will be adopted shortly and that they will ensure full effect to be given to the provisions of the Convention, particularly with regard to the following Articles which have been the subject of the Committee's comments for many years: Article 8 (List of occupational diseases); Article 15, paragraph 1 (Conversion of periodical payment into a lump sum); Article 22, paragraph 2 (Payment of part of the cash benefit to dependants in the event of suspension of the benefit).

3. Articles 19 and 20. The Committee takes note of certain statistical data provided by the Government. It observes, however, that the data are not sufficient to determine whether the amounts of the benefits paid in the event of temporary incapacity, permanent incapacity and death of the breadwinner (taking into consideration the family allowances paid before and, where appropriate, during the contingency) attain the level prescribed by the Convention. It therefore asks the Government to indicate whether recourse is had to Article 19 or to Article 20 of the Convention to establish that the percentages required by schedule II of this instrument are attained, and to provide the statistical information required by the report form adopted by the Governing Body, under Articles 19 or 20, according to the choice made.

4. Article 21. In its previous comments, the Committee asked the Government to supply information on the measures taken to ensure application of this provision of the Convention, which provides that the rates of cash benefits currently payable in respect of industrial accidents and occupational diseases shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Given the importance it attaches to the adjustment of benefits, particularly in the present general economic situation, the Committee hopes that the Government will not fail to include the information requested in its next report, particularly the statistics required by the report form under this Article of the Convention.

5. Lastly, the Committee asks the Government to provide the texts of any law or regulations concerning compensation for industrial accidents and occupational diseases for public servants coming under the public service rules and who are not covered by the general social security system.