Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Underground Work (Women) Convention, 1935 (No. 45) - Papua New Guinea (Ratification: 1976)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised on its previous direct request, which read as follows:

The Committee notes the Government’s report which indicates that although the provisions of the Employment Act, 1978, prohibiting employment of female workers on underground work in mines are still applicable, consideration is being given to the possibility of amending these provisions as they are discriminatory and do not conform to freedom of employment and equality of citizens as enshrined in the National Constitution. The Government refers to the findings of a “study on discrimination in employment and occupation in Papua New Guinea”, conducted with ILO technical assistance, which revealed that the continued application of the Convention is highly discriminatory and needs to be addressed. Moreover, the findings of the study have resulted in calls being made for the denunciation of the Convention as its provisions are no longer viable and its content is inherently discriminatory in that it denies women the right of free choice of profession and the right to same employment opportunities. The Government further states that as a party to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), it has committed itself to ensuring that any discriminatory laws and practices against women be eliminated. It adds that following the recent ratification of Conventions Nos. 100 and 111, the provisions of Convention No. 45 are now obsolete and therefore the possible denunciation of the Convention is currently under examination.

While taking due note of the Government’s statements, the Committee wishes to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the States parties to Convention No. 45 should be invited to denounce the said instrument and ratify at the same time the Safety and Health in Mines Convention, 1995 (No. 176) (see GB.283/LILS/WP/PRS/1/2, paragraph 13). The Committee considers that the general trend worldwide is to remove all gender-specific restrictions on underground work and to provide protection for women, as may be necessary, in a fashion that does not infringe their rights to equality of opportunity and treatment. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation 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).

In the light of the foregoing observations, the Committee invites the Government to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which contains modern standards focusing on risk assessment and risk management and providing for sufficient preventive and protective measures for all mineworkers, irrespective of gender.

The Committee recalls that Convention No. 45 will again be open to denunciation for one year as from 30 May 2017. It asks the Government to keep it informed of any decision taken in this regard.