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

Radiation Protection Convention, 1960 (No. 115) - Ghana (Ratification: 1961)

1. The Committee notes the information contained in the Government’s report. However, it notes that the Government’s report does not contain any reply to the Committee’s previous comments. The Committee is therefore obliged to repeat its previous observation and urges the Government to provide detailed information on the following points:

1. The application of all Articles of the Convention. The Committee has on numerous occasions previously drawn attention to the urgent need for the Government to adopt legislative binding measures in order to ensure the full application of the Convention. Unfortunately, the Committee notes from the Government’s latest report that it still has not provided any reply to previous comments, that it continues to refer to the Radiation Protection and Safety Guides it has adopted, which the Government recognizes are not legally binding and which therefore do not ensure the application of the Convention. The Committee also notes that the Government still has not provided copies of documents required by the Committee for an appropriate appreciation of the manner in which the Convention is applied in Ghana. The Committee therefore feels obliged to once again repeat its previously expressed serious concern of the manner in which the Government applies the Convention and hopes that measures are taken with urgency in order to ensure the full effective protection of workers against ionizing radiation at the workplace, based on the dose limits for exposure adopted by the International Commission on Radiological Protection (ICRP) in 1990. The Committee urges the Government to provide detailed information in its next report on all legislative measures taken or envisaged to ensure the full application of the Convention.

2. The Committee notes the reference made by the Government to Radiation Protection Instrument No. 1559 of 1993, adopted under the Atomic Energy Act No. 204 of 1963, regulating inter alia the control and use of radiation sources and application of ionizing radiation to persons. Noting that a new Atomic Energy Act was adopted in 2000 (Act No. 588 of 2000), the Committee requests the Government to clarify whether Act No. 204 of 1963 has been replaced or supplemented by Act No. 588 of 2000, to provide a copy of the latter Act and to provide information in its next report on measures taken or envisaged to adopt a new radiation protection instrument in order to ensure the effective protection of workers against ionizing radiation at the workplace.

3. The Committee also notes from reports submitted under Convention Nos. 29, 98 and 182 that on 8 October 2003 a new Labour Act (Act No. 651) has been adopted and that it entered into force on 31 March 2004, indicating that legislative measures are in the process of being undertaken. It notes in particular that Part XV regulates general safety and health conditions and that sections 121 and 174(e) provide the possibility for the minister to issue regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them. The Committee also notes that under section 122(a) labour inspections shall be carried out in order to ensure the enforcement of provisions relating to the safety, health and welfare of workers under the Labour Act. The Committee requests the Government to provide information in its next report on measures taken or envisaged to issue legally binding instruments under the Labour Act in order to give effect to the Convention and to provide copies of any proposed and/or adopted legislation. It also asks the Government to provide information with its next report on labour inspections carried out with respect to radiation work.

[The Government is asked to reply in detail to the present comments in 2007.]