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Underground Work (Women) Convention, 1935 (No. 45) - Cameroon (Ratification: 1962)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (Underground work (women)) and 162 (asbestos) together. The Committee notes the observations of the Trade Union Confederation of Workers of Cameroun (CSTC) concerning the applications of Conventions Nos 13, 45 and 162, received on 31 August 2022, and the Government’s reply thereto, received 15 November 2022.

A.Protection against specific hazards

White Lead (Painting) Convention, 1921 (No. 13)

Articles 1 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead. Further to its previous comments, the Committee notes with interest the adoption of Order No. 004/MINEPDED/CAB of 23 September 2017, amending and supplementing the list of chemical substances contained in Order No. 2011/2585/PM of 23 August 2011, which prohibits the importation and marketing of products and/or chemical substances composed of lead (production of paint containing a lead concentration greater than 90 ppm). The Committee notes this information which responds to its previous request.

Articles 5, Part III(a), and 7. Notification of cases of lead poisoning and statistics on morbidity and mortality. The Committee notes that, in response to its previous request, the Government indicates in its report, with a view to ensuring that suspected cases of lead poisoning are declared by employers, that it has classified the diseases caused by lead and its compounds under compensable occupational diseases, in conformity with Order No. 051/MINTSS/SG/DSST of 6 October 2009, establishing the list of tables of compensable occupational diseases. The Government further indicates that no case of lead poisoning has been recorded during the period covered by the report.

The Committee notes the CSTC’s observations to the effect that employers’ declarations of suspected cases of lead poisoning are almost non-existent, in spite of recognized trade involving the importation into Cameroun of paints that do not conform to European standards. The Committee notes the Government’s reply that it will undertake investigations on this matter. The Government also indicates that all employers who use products at work that may cause occupational diseases are required to notify the labour inspectorate, by registered letter, prior to the undertaking of works, and that failure to comply will result in a fine. The Committee requests the Government to strengthen its efforts to ensure that employers declare suspected cases of lead poisoning. It requests the Government to supply information on the measures taken in that connection and to continue to provide all information available on the application of the Convention in practice, including any recorded cases of lead poisoning.

Asbestos Convention, 1989 (No. 162)

Articles 3(1), 10 and 11 of the Convention. Total or partial prohibition of the use of asbestos. The Committee notes that under annex B1 of Order No. 004/MINEPDED/CAB of 23 September 2017 amending and supplementing the list of chemical substances contained in Decree No. 2011/2585/PM of 23 August 2011, asbestos (including crocidolite) is included in the list of substances subject to prior authorization from the Office for the Environment for production, importation, transit and circulation. The Committee requests the Government to provide fuller information on the application in practice of Order No. 004/MINEPDED/CAB of 23 September 2017, concerning asbestos, indicating whether the Office for the Environment has already issued authorizations allowing the production, importation, transit and circulation of asbestos.

Article 4. Consultation of employers’ and workers’ representative organizations. The Committee requests the Government to indicate whether the employers’ and workers’ representative organizations have been consulted on measures to give effect to the provisions of Convention No. 162 including, as appropriate, on the results of the consultations.

Article 5. Labour inspection. The Committee notes, in response to its previous request concerning the training of inspectors on asbestos-related issues, that the Government indicates a preference to request technical assistance to ensure training for labour inspectors. It further notes the adoption of Order No. 000196/MINTSS of 4 February 2020, establishing the minimum content of labour inspectors’ training in occupational safety and health, which provides that labour inspectors shall receive training in occupational safety and health, including obligatory training on occupational hazards and their management (sections 2 and 3 of the Order). With reference to its comments in respect of the Labour Inspection Convention, 1947 (No 81), the Committee notes the Government’s request for the Office’s technical assistance and hopes that this technical assistance will be provided soon. It requests the Government to provide information on all measures taken to ensure labour inspectors receive appropriate training enabling them to carry out effective inspections in respect of asbestos.

Article 6(1) and (2). Responsibilities of employers and cooperation between two or more employers. The Committee notes the employers’ general obligations, provided by Order No. 39/MTPS/IMT of 26 November 1984 establishing general safety and health measures in workplaces. Section 2(1) of that Order provides that employers are directly responsible for the application of all prevention and safety and health measures aimed at protecting the health of the workers in their employment. Section 2(2) provides that, where several employers employ workers simultaneously in the same workplace, they must take steps to ensure effective protection as possible for all workers, but that each employer nevertheless remains responsible for the injuries arising out of his or her activities. With reference to its observation, the Committee requests the Government to provide information on the prescribed safety measures for which employers are responsible for activities exposing workers to asbestos.

Article 7 and 8. Obligation of workers to comply with prescribed safety and hygiene procedures and cooperation within the enterprise. The Committee notes the provisions of Order No. 39/MTPS/IMT of 26 November 1984, establishing the general safety and health measures for workplaces, and concerning the workers’ duty to respect safety measures and cooperate at the workplace. Section 7 of that Order provides that any worker shall comply with the legal and regulatory provisions regarding safety and hygiene at the workplace, with the instructions of the director of the enterprise and with the provisions of the working regulations. Section8 of that Order provides for the establishment of hygiene and safety committees in establishments. The Committee notes this information which responds to its previous request.

B.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the observations of the CSTC concerning safety issues in the mining sector. In particular, the CSTC draws attention to the number of cases of engulfment by landslide of informal sector workers, who tend frequently to set up particularly dangerous artisanal exploitations in zones that have already been worked by industrial enterprises, thus undertaking a highly hazardous activity. The Committee notes the Government’s reply that it is taking measures to apply the Mining Code, including through awareness raising campaigns on hazards in mining.

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2025.]

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

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 25 September 2015 and the Government’s response, to these observations, received on 3 December 2015. The Committee will examine the observations of the UGTC and the response of the Government thereto in due course.

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

The Committee notes the information provided by the Government in its latest report, which indicates that there have been no changes in the application of this Convention during the reporting period and that the Government will keep the Office informed on any decisions taken with respect to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee recalls that, according to established practice the Underground Work (Women) Convention, 1935 (No. 45), will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

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

1. The Committee notes the information supplied in the Government’s report in response to its previous comments, including the information according to which Decree No. 16 of 27 May 1969 on women’s work - that is in accordance with the provisions of the Convention - is still in force. The Committee also notes that section 83 of the Labour Code prescribes that an order of the Ministry of Labour fixes the nature of the works respectively prohibited to women and pregnant women. In this respect, the Committee notes that the Government is not planning to adopt a new order on the basis of this section of the Labour Code. The Committee also notes the observations of the General Union of Workers of Cameroon, and particularly the information that the Government is planning to seek technical assistance from the ILO to build the capacities of the labour inspectorate and strengthen the institutions in which it operates. The Committee requests the Government to assess whether technical assistance would be useful in this context and, if appropriate, to request such assistance from the Office.

2. The Committee takes this opportunity to recall that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided to invite States parties to Convention No. 45 to envisage ratifying the more recent Safety and Health in Mines Convention, 1995 (No. 176), and to consider the possibility of denouncing Convention No. 45 (see document GB.283/LILS/WP/PRS/1/2, paragraph 13). Unlike the old approach, based on a total ban on underground work for all women workers, modern standards focus on risk assessment and management, and provide for adequate prevention and protection measures for mineworkers regardless of their sex or whether they work in opencast or underground mines. As the Committee noted in its General Survey of 2001 on night work of women in industry, in connection with Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In view of the above observations and the fact that the general trend worldwide is to provide protection for women in a fashion that does not infringe their rights to equality of opportunity and treatment, the Committee invites the Government to consider the possibility of ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which focuses not on a particular group of workers, but on protecting the safety and health of all mineworkers, and of denouncing Convention No. 45. The Committee reminds the Government in this connection that, in accordance with established practice, the Convention will again be open to denunciation for a period of one year from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decisions taken in this regard.

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

The Committee notes that, according to the information supplied by the Government in its report, Order No. 16 of 27 May 1969 concerning the employment of women, section 8 of which prohibits the employment of women in underground work in mines, quarries and galleries, is still in force and continues to give effect to the Convention. The Committee further notes that, in virtue of section 83 of the Labour Law, Act No. 92/007 of 14 August 1992, an order to be issued by the Minister of Labour after consultations with the National Committee of Health and Safety at Work, as defined in section 120, shall determine the types of employment prohibited to female workers and pregnant women. The Committee notes that the abovementioned Order No. 16 includes a series of provisions, referring to arduous or unhealthy works which are prohibited to women. The Committee asks the Government to indicate whether, in addition to the list of arduous or unhealthy works included in Order No. 16, the Government considers the adoption of a new order under section 83 of the Labour Code and, if so, to supply a copy to the International Labour Office in due course.

Moreover, the Committee notes that, according to the Government, the Convention is applied in a satisfying manner because the customs and social practices of the country exclude women from underground work, and because there are not many mines in Cameroon. It notes that the labour inspectors visit systematically the mines and quarries before and during their operation. The Committee asks the Government to continue providing information, in accordance with Part V of the report form, concerning the practical application of the Convention, including all available statistical data, as well as extracts from reports of the labour inspection services.