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

Underground Work (Women) Convention, 1935 (No. 45) - Guinea-Bissau (Ratification: 1977)

1. The Committee notes the information provided in the Government’s report, in particular the information that the additional legislation relating to the prohibition of the employment of women in underground work has still not been adopted. It also notes that the revision of the Labour Code, the draft of which was attached to the previous report, appears not to have been undertaken. The Committee requests the Government to keep it informed of any progress in this regard and to communicate a copy of the relevant texts as soon as they have been adopted.

2. The Committee takes this opportunity to point out that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the International Labour Office decided to invite the States parties to Convention No. 45 to contemplate ratifying the recent Safety and Health in Mines Convention, 1995 (No. 176), as well as denouncing Convention No. 45 (see document GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the total prohibition on underground work being performed by any female workers, the modern standards emphasize risk assessment and risk management and provide sufficient preventive and protective measures for workers in mines, regardless of their sex, whether they are employed on the surface or at underground sites. As the Committee noted in its 2001 General Survey of night work of women in industry, with regard to 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. Taking account of previous observations, as well as of the fact that the current prevailing trend across the world is to provide protection to women in such a way as not to harm their rights with regard to equal opportunities and treatment, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which no longer focuses on a particular category of worker but rather on the protection of the health and safety of all workers in mines, as well as denouncing Convention No. 45. The Committee points out in this regard that, according to established practice, the Committee will once again be open to denunciation for the period of one year from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.