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

Radiation Protection Convention, 1960 (No. 115) - Brazil (Ratification: 1966)

The Committee notes that the Government’s report indeed does not reply to its previous comments. It must therefore repeat its previous observation which read as follows:

With regard to its previous observation, the Committee notes the information provided in the Government’s report.

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s information indicating that the subject of ionizing radiation comes within the competence of the National Committee on Nuclear Energy (CNEN). The Ministry of Labour has sole competence for the development of labour standards. The Standing Joint Tripartite Committee (CTPP) is the competent body for dealing with issues connected with occupational safety and health. According to the Government, the CNEN is launching the procedure for revising CNEN Standard NE 3.01 - Basic Guidelines concerning Radiation Protection. While noting the above information, the Committee is nevertheless bound to express its concern at the situation described in the present report in connection with the information provided in the previous reports. The Government indeed had indicated in previous reports that the body responsible for dealing with issues concerning ionizing radiation was the Coordinating Committee for Protection concerning the Brazilian Nuclear Programme (COPRON). According to the said information, a proposed legislative amendment had been sent to this body. The proposal would take into consideration the 1990 Recommendations of the International Commission on Radiological Protection (ICRP), reflected in the International Basic Safety Standards for Protection again Ionizing Radiation, published in 1994. The Committee would be grateful if the Government would indicate in its next report which national body is actually responsible for regulating the issues mentioned and indicate whether the procedure for revision of national legislation on protection against ionizing radiation has actually been initiated. The Committee would be grateful if the Government could find the appropriate solution to the problems of competence which appears to occur between the national bodies responsible for revision of legislation on protection against ionizing radiation and consequently proceed with the said revision, taking into account the 1990 ICRP Recommendations, reflected in the International Basic Safety Standards for Protection against Ionizing Radiation, published in 1994. The Committee hopes that the Government will be able to provide information in its next report on the progress made in this regard.

The Committee recalls that in its previous observation reference had been made to the comments made by the National Commission of Workers in Nuclear Energy (CONTREN) concerning working conditions in the nuclear industry. Noting the Government’s observations on this matter, the Committee had requested the Government to provide information on data registered within the framework of the actions taken to assess the situation in the nuclear industry and the changes that need to be made. The Committee also asked the Government to indicate whether collective agreements which would establish new conditions of work in the nuclear energy industry had been concluded and, if so, to send copies to the Office. Given that the Government has not communicated any of the information requested, the Committee repeats its request and hopes that the Government will communicate the said information with its next report.

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

[The Government is asked to reply in detail to the present comments in 2003.]