Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Gabon (Ratification: 1968)

The Committee notes the Government’s report, but regrets to note that, despite its repeated requests over the last 30 years, the Government has still not taken legislative steps to give effect to certain provisions of the Convention. It asks the Government to ensure it takes the necessary steps in the near future.

Article 2, paragraph 1, of the Convention. Minimum age. In its previous comments, the Committee asked the Government to indicate the measures adopted to amend section 2(5) of Decree No. 275 of 5 December 1962 so as to prohibit the employment of young persons under the age of 18 years not only in extraction and earthworks, but also in all underground employment or work in mines and quarries. The Committee once again notes the Government’s information according to which the only underground mining concern in Gabon has ceased activities. Nevertheless, the Committee wishes to remind the Government that, under Article 1, paragraph 2, the provisions of the Convention concerning employment or work underground in mines include employment or work underground in quarries. The Committee urges the Government to take the necessary steps to ensure that the minimum age for employment which, according to the Government, was 18 years when it ratified the Convention, applies to all employment or work underground, both in mines and quarries.

Article 4, paragraphs 4(b) and 5. Records of persons who are employed or work underground. In its previous comments, the Committee asked the Government to provide a copy of the order of the Minister of Labour determining the model for employer’s records and to provide a copy of such records, and to indicate the measures taken to ensure that the lists established in accordance with Article 4, paragraph 5, of the Convention are made available to workers’ representatives, at their request, and to provide a copy of a model of such lists. The Committee notes the information provided by the Government according to which General Order No. 3018 of 29 September 1953 establishes the model for employers’ records and that, at present, no law or regulation requires the information in these records to be made available to workers’ representatives. The Committee once again asks the Government to provide a copy of General Order No. 3018 of 29 September 1953 establishing the model for employers’ records. It also asks the Government to take the necessary steps to bring national legislation into line with Article 4, paragraph 5, of the Convention, and to ensure that employers shall make available to the workers’ representatives, at their request, lists of the persons who are employed or work underground and who are less than two years older than the specified minimum age; such lists shall contain the dates of birth of such persons and the dates on which they were employed or worked underground in the undertaking for the first time.