European Union Statement 

112th International Labour Conference

Committee on Application of Standards

Guinea

Abolition of Forced Labour Convention, 1957 (No. 105)

Geneva, 11 June 2024

Thank you Chair.

I have the honour to speak on behalf of the European Union and its Member States.

The candidate countries North Macedonia*, Montenegro*, Albania* and Republic of Moldova, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
2. The EU and its Member States have been committed development partners of Guinea, including through the "Everything But Arms" (EBA) arrangement under the EU’s General Scheme of Preferences, granting duty-free and quota-free access to the EU market, resulting in sustained growth and job creation in the past decades. The trade benefits granted under the EBA arrangement are subject to the condition that Guinea respects core international principles, enshrined in core UN and ILO Conventions.
3. We note with concern the Committee of Experts’ indication that several provisions of national legislation provide for prison sentences involving compulsory labour for activities within the scope of application of ILO fundamental Convention No. 105 on Forced Labour.
4. We also take note that in August 2022, the United Nations High Commissioner for Human Rights expressed his deep concern at recent developments in the human rights situation in the country, referring to a large number of arrests of demonstrators, including members of the political opposition and civil society. It also referred to a Government’s decision aiming at the dissolution of a collective of opposition political parties, trade unions and civil society organizations, which had held demonstrations.
5. We note that the Government states in its report that no convictions have been handed down on the basis of the provisions referred to by the Committee of Experts. Moreover, the Government indicates that although no measures have been envisaged to limit the scope of these provisions, it will undertake a substantive reform to this end. We also take note of the written information recently submitted by the Government, in particular the affirmation that the Guinean legislative framework provides a solid basis for the protection of human beings against labour exploitation and strictly prohibits forced or compulsory labour in all its forms.
6. In line with the Committee of Experts, we request the Government to take the necessary measures to ensure that no punishments involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of peaceful public demonstrations.
7. In this regard, we echo the hope of the Committee of Experts that the provisions of the Criminal Code and of the Act of 23 December 1991 establishing a charter of political parties will be reviewed in accordance with the Convention. We therefore expect that in the framework of the reform undertaken, the Government will either clearly restrict the scope of the mentioned provisions to situations connected with the use of violence or incitement to violence, or repeal penalties involving compulsory labour to ensure that their application in practice does not lead to the violation of the Convention No. 105.
8. Finally, we request the Government to provide information to the ILO on any conviction handed down under the above-mentioned provisions, and on the acts giving rise to the convictions, as well as on the penalties imposed for participating in demonstrations on public thoroughfares.
9. The EU and its Member States remain committed to a joint constructive engagement with Guinea to address the issues raised in order to comply with Convention No. 105.

Thank you Chair.

*North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.