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Note: This response was originally submitted in French.  Unofficial English translation provided by Business & Human Rights Resource Centre.

贵国是否采取了一些您认为特别成功的行动来减少企业对人权的负面影响?请给出一个或多个实例。

Yes, the government has taken initiatives in relation to human rights and business.

These are reflected in the Guinean constitution, particularly freedom of initiative, freedom of enterprise and the right to safe, peaceful enjoyment of one's property.

In addition, the private sector is organized on the basis of of free will, made up of employers, the Chamber of Commerce and, in short, non-governmental organizations of non-state actors.

On-going dialogue and periodic consultations are organised between the government and private sector businesses, trade unions and the Economic and Social Council to reflect on all the issues concerning investment in human capital, business, technology, the environment and energy sources.

贵国政府中哪个/哪些部门主要负责工商业与人权事务?

To further bolster human rights, the government has set up the Ministry of Human Rights, which is linked to the Ministry of Justice.

The departments that gravitate around this policy of promoting human rights include the General Inspectorate of Labour, Health and Safety at Work, the Agency for the Promotion of Private Investment, the Economic and Social Council, the Office for Business Product Quality Protection, employers, the Chamber of Commerce, the Chamber of Agriculture, etc.

2011年6月《联合国指导原则》获得通过后,贵国是否采取了新的工商业和人权举措或加强了已有举措?

Yes, the government has taken initiatives relating to those Principles, particularly with regard to environmental protection and company financing of basic infrastructures for the local communities (roads, health centres, schools, markets, cemeteries).

您的政府采取行动后,对工商企业最大的五个人权影响是什么?

The government has taken several legislative and regulatory measures that take into account all the issues listed.

The eight identified priority issues which have been adequately addressed are:

  • Health (including environmental health, workplace health & safety)
  • Forced labour and human trafficking
  • Discrimination
  • Other core labour rights (including freedom of association and trade union rights)
  • Land rights and displacement
  • Freedom of expression and the right to privacy
  • Abuses linked to security for company operations (e.g. torture & ill-treatment)
  • Women's rights

就健康问题采取行动

The government has set up a specific department responsible for issues relating to workplace health and safety. It oversees health and safety in the business environment and is the first line of response for employees. Guinea has ratified all the conventions and treaties of the International Labour Office (ILO). Implementation of these guidelines has been reviewed in a report prepared by Guinea and submitted to the ILO.

核心劳工权利的行动(包括结社自由)

Trade unionism and trade unions are free in Guinea. They are part of the nation’s political forces and contribute greatly to workers' emancipation, particularly with regard to their safety, protection and to the improvement of their quality of life.

就土地权利及迁徙采取行动

As Guinea is a mining country, population displacements are common, dictated by which deposits are to be worked. However, these displacements comply with international standards, which take into account the principles of human rights.

就妇女问题采取行动

The government has begun to bolster gender policy in the business sector that makes women’s participation in decision-making compulsory.

贵国是否制定了联合国人权理事会和工商业与人权工作组所倡导的《国家工商业与人权行动计划》,或者是否打算这样做?

No, the government has not taken any action in this respect. However, the National Agency for the Promotion of Good Governance and the Fight Against Corruption (ANLC) has initiated a plan to raise awareness of the Global Compact, which takes into account corporate social responsibility (CSR).

The introduction of an action plan to implement the principles set forth in the United Nations Global Compact is envisaged and will require capacity-building and the transfer of skills and knowledge linked to the issue in order to achieve the objective.

如果贵国已经制定国家行动计划或打算这么做,请重点说明这些举措是否参考国际人权标准,制定时是否与受影响的利益攸关者进行了磋商。

Within the framework of private sector capacity-building, in order to achieve a satisfactory rate of growth, the government envisages measures that incorporate human rights standards and take into account the United Nations Global Compact, with participation by means of structural dialogue with all stakeholders in and around business.

To achieve this objective, expertise is needed at all levels of its implementation.

补救途径: 采取了哪些举措推出新的司法或行政性补救手段,或减少受害者使用现有补救手段时面临的障碍?

Access to remedies is free in Guinea. Priority is attached to two main types of remedy in this respect: administrative remedy and judicial remedy.

Other forms of conflict settlement are also envisaged, including arbitration, concerted dialogue and participatory dialogue.

Generally, several strategies are implemented to facilitate access to conflict settlement institutions and judicial institutions, including inspection.                                                                                                                                                                

The measures for removing barriers to remedies include (without being limited to):

  • Drafting a justice reform document;
  • Redefining the mapping of the justice sector with a view to facilitating access;
  • Improving the living and working environments of magistrates;
  • Setting up paralegal clinics with a view to protecting women from violence and harassment at work and facilitating recourse to these institutions to assert their rights.

您的政府采取了什么行动去改善非司法补救措施?

With the support of the UNDP, the government has started the process of reforming the defence and security forces. As part of the same programme, it has begun the process of peacebuilding and bolstering national unity, in which it has defined mechanisms for transitional justice applicable to settling conflicts and remedy for citizens.

On the administrative side, several mechanisms are available, including the Complaints Office and the National Agency for the Promotion of Good Governance and the Fight Against Corruption (ANLC) freephone number.

补救途径: 针对总部设在贵国的企业及其附属机构,贵国是否采取措施加强对它们在海外人权影响的问责?如果是,请说明。

Yes, the government has created a framework for foreign direct investment in the Guinean economy in the form of a law and implementing decree which set out all the obligations and rights linked to this issue.

如果贵国希望获得支持,哪种形式的支持最能够帮助贵国推动改善公司对人权的影响?

  1. Speeding up and intensifying the training of managers in business and human rights;
  2. Promoting the United Nations Global Compact and corporate responsibility;
  3. Helping Guinea prepare its national business and human rights strategy;
  4. Identifying and obtaining additional resources that help citizens obtain redress (e.g. paying the services of a lawyer or counsel).

请分享更多意见,包括有关未来为推进工商业和人权保护而合作和交流学习的想法。

The Guinean government would like a stronger partnership with your institution in this new domain, which is now at the heart of the public-private partnership with regard to both direct investment and companies’ responsibility to their (political, economic, social and cultural) setting.

This partnership could be in the area of training, knowledge and know-how, transfers of knowledge and skills and/or institutional and structural capacity building of public and private institutions, including the non-governmental actors involved in business and human rights.