Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 2(1) of the Convention. Medical examination of persons under 21 years of age prior to underground work in mines. In its previous comments, the Committee noted that under section 207 of the Labour Code, the initial medical examination prior to recruitment was only compulsory for children under 18 years of age and not, as envisaged by the Convention, for persons under 21 years of age. The Government gave an undertaking to take into account the requirement to make the initial medical examination prior to recruitment compulsory for workers under 21 years of age in the framework of the adoption of a draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services. It also noted that under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors may require a medical examination for fitness for employment of children and young persons up to the age of 18 years and up to the age of 21 years for types of work which involve high health risks. The Committee nevertheless observed that medical examination prior to recruitment for young persons of under 21 years of age is still not compulsory. The Committee notes the Government’s indication in its report that section 178 of the Labour Code was amended by Ordinance No. 018/PR/2010 of 25 February 2010. Nevertheless, the Committee notes that the new section 178, which authorizes labour inspectors to require a medical examination until 18 years of age, or until 21 years for types of work that involve high health risks, still does not make medical examinations prior to recruitment compulsory. The Committee recalls that Article 2(1) of the Convention provides that a thorough medical examination for fitness of employment shall be required for work underground in mines for persons under 21 years of age.The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention, and to provide information on any new developments in this regard.

Article 3(2). X-ray film of the lungs. The Committee has been emphasizing for a number of years that the national legislation in Gabon does not contain any provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and it expressed the hope that the Government would envisage the inclusion in the national legislation of a provision to this effect. The Committee has subsequently noted that the draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services would take into account the requirement of an X-ray film of the lungs during the initial medical examination and also, if considered necessary from a medical point of view, during re-examinations. The Committee notes the Government’s indication that there have been no further developments, but that it reiterates its commitment to taking measures to this effect.Recalling that it has been raising this matter for nearly 30 years, the Committee urges the Government to take the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work in underground mines and, if considered necessary from a medical point of view, during subsequent re-examinations. In this respect, it expresses the firm hope that the draft Decree will be adopted in the near future and requests the Government to continue providing information in this respect.

Article 4(4) and (5). Records of persons who are employed or work underground. In its previous comments, the Committee noted General Order No. 3018 of 29 September 1953, the provisions of which do not meet all the requirements of Article 4(4) and (5) of the Convention. However, the Government indicated that it would introduce provisions in conformity with Article 4 of the Convention when the time came to update General Order No. 3018. The Committee notes that, according to the Government’s report, General Order No. 3018 has not yet been amended, but that the Government is working to bring its provisions into conformity with the Convention.The Committee therefore requests the Government to take the necessary measures in the near future to bring General Order No. 3018 of 29 September 1953 into conformity with the Convention.

Article 5. General policy for the implementation of the Convention. The Committee previously noted that section 251 of the Labour Code provides for the establishment of an advisory committee on occupational safety and health, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this respect, the Committee noted that the technical advisory committee on occupational safety and health had not yet been established due to a problem relating to the representativity of trade unions.

The Committee notes the Government’s indication that the problem relating to the representativity of trade unions described in the previous report persists, due to the absence of elections, and that it has therefore not yet been possible in practice to establish the technical advisory committee.The Committee requests the Government to continue providing information on any progress made in this respect.